Fayetteville Car Accident Lawyer

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Fayetteville Car Accident Attorney

You follow the traffic laws and are careful when you are behind the wheel. The one thing you cannot control, unfortunately, is other drivers. The safest thing you can do is stay focused on your own actions, but other drivers can be unpredictable. This potentially makes safe driving on your part not enough. Seeking out the assistance of a Fayetteville car accident lawyer is a solid first step toward building a car accident claim if you are involved in a car accident.

If you are hurt by a careless driver, the civil justice system is here to help you get the compensation you need. At the Law Offices of Wade E. Byrd P.A. in Fayetteville, we will make sure that the other driver’s insurance company does what it is supposed to do: pay for your medical bills, lost wages, pain and suffering, and other losses.

Best Fayetteville Car Accident Lawyer

Common Causes of Car Accidents

Car accidents happen every day. Sometimes, they are unavoidable due to unfortunate circumstances. Other times, someone is at fault due to their negligent behavior. It is important to stay vigilant on the road and recognize the signs of an impending accident. It could ultimately save your life. Some of the most common causes of car accidents in North Carolina include:

  • Reckless/Aggressive Driving: Reckless driving is remarkably dangerous. Weaving through traffic without a signal, blatantly exceeding the speed limit, and ignoring road signs are all actions that could cause a serious accident. Anyone engaging in these behaviors could be found at fault for causing an accident.
  • DUIs: Even with harsh criminal penalties, driving under the influence is still a rampant problem across the country. Operating a vehicle with a blood alcohol content above .08% is highly illegal, immoral, and incredibly dangerous. Driving while impaired can destroy many lives and can result in the loss of a driver’s license, hefty fines, and significant jail or prison time.
  • Distracted Driving: Distracted driving remains one of the biggest causes of car accidents across the country. It is difficult to effectively focus on the road while also engaging in other distracting behaviors like texting, eating, personal hygiene, or messing with the entertainment system. Not looking at the road for even a few seconds can have disastrous consequences.
  • Construction Zone Accidents: Navigating a construction zone can be annoying and time-consuming, but it is important to exercise extreme caution when driving through them. There can be sudden changes in speed and the flow of traffic. Any distractions can cause severe harm to those working on the roads and result in criminal charges for the driver.
  • Fatigued Driving: Driving while tired is just as dangerous as driving while under the influence of drugs or alcohol. Drowsiness can reduce reaction time and the ability to make a rational decision, increasing the likelihood of a car accident. Falling asleep behind the wheel can also cause a serious car accident that puts everyone in the area at risk.
  • Bad Weather: Heavy rain or snow can be very treacherous to drive through. Unfortunately, some drivers are unnecessarily confident while driving in difficult weather and may not drive cautiously enough for the conditions. This can result in accidents due to limited vision and poor road traction.

Finding the Right Attorney

North Carolina is an at-fault state, meaning that the insurance company of the driver responsible for causing the accident bears the full responsibility of compensating the injured party or parties. A car accident can be the most traumatic experience of someone’s life. It can cause irreparable damage, both physically and mentally, as well as completely shove your life in a direction you never thought you would be heading in. Seeking compensation is only the beginning of the healing process.

Before deciding on a car accident lawyer to represent your interests in court and/or in mediation, it is important to assess their skill level in regard to your needs for this particular case. Not every lawyer is going to be a match for you. You need one you can rely on, who has a good track record, and you feel comfortable with. Some questions you can ask when vetting attorneys for your case include:

  • Does the attorney have experience handling car accident cases?
    An experienced attorney will always have many advantages over an inexperienced one. If your situation is difficult, and it likely will be if you are dealing with serious injuries and emotional distress, you will want someone who has dealt with these types of situations before.
  • How much trial experience does the attorney have?
    While most car accident cases are settled out of court, there is always the chance that the insurance refuses to settle, and you go to trial. If that happens, you will want someone with experience successfully arguing for their case in court. Litigation can be complex, and the attorney you choose should already be familiar with the process.
  • How much will this attorney charge me in fees and litigation costs?
    Many car accident and personal injury attorneys take payment on a contingency fee basis, meaning they will only get paid if your case has a successful outcome. When discussing cost, you will want to obtain a detailed list of potential charges that the case could include. Make sure you get a quote on the lawyer’s percentage fee in writing for your own records.
  • Who will personally be handling the case?
    Some lawyers are solo ventures, but others lead up significant legal teams who handle the bulk of their caseload. Make sure you find out exactly who will be taking over leadership of your case so you can start building a working relationship with them. If you want a singularly focused attorney working specifically on your case, you may not want to hire one who has a team of associates working for them.
  • Can I just represent myself?
    There is nothing legally wrong with representing yourself in a car accident settlement, especially if you are not seriously injured and the stakes are fairly low. However, an experienced attorney’s skill set is unique and ready to handle any bumps that might appear on the road. Unless you have some legal knowledge, you may not know how to handle any surprises that might occur.
  • What if they turn me down?
    Attorneys turn down cases for a variety of reasons. It does not automatically mean you do not have a good case. They could have a big caseload, they could have a conflict of interest, or it could be a personal reason they do not wish to share. Keep hunting. You will find the right attorney for your situation.

Why Hire a Car Accident Lawyer?

An experienced car accident lawyer can be the biggest difference between winning and losing your case. You need someone in your corner who knows how to navigate these uncharted waters. This will afford you the greatest opportunity to succeed and come out on top with the compensation that you deserve for your pain and suffering. A few important things a knowledgeable car accident lawyer can help you with include:

  • A Thorough Investigation: In order to determine fault in the accident, your attorney will conduct their own independent investigation into the accident. This includes gathering evidence, interviewing witnesses, obtaining police reports, consulting with experts, and reaching their own conclusions. This investigation may show information not found by police or reported by the other driver.
  • Establishing Losses: While building your personal injury case, you also have to assess exactly how much in damages you will be seeking. Your lawyer can help you calculate the total economic and noneconomic losses you have suffered due to the accident, as well as assist in putting an estimated dollar amount on factors like emotional distress. It is not always easy to understand how much emotional pain is worth, but it is crucial if you are to receive the compensation that you deserve.
  • Dealing With Insurance Companies: Few people end up paying for legal damages from their personal accounts. It is usually done through insurance companies. The insurance company of the at-fault driver will conduct its own investigation. They may attempt to pay you as little as they possibly can. Your attorney will be your representative through this ordeal and will negotiate with the insurance company on your behalf to get you proper compensation.
  • Settle the Proper Documentation: You will need records of everything related to your injury and property damage to pursue a car accident claim. Your attorney can help you obtain all the proper documentation and organize it into a legible collection. This includes medical records, auto mechanic receipts, police reports, insurance claims, pictures of the accident scene, and written testimony from relevant experts.
  • Consistent Legal Counsel: A lawyer should tailor their legal advice to your case and provide you with consistently reliable counsel. Dealing with the fallout of a car accident is already stressful enough without wondering if you are being taken advantage of with confusing legal jargon. A good lawyer can alleviate your fears and help you figure out the necessary steps you must take to succeed in a settlement or in a trial.
  • Diplomatic Negotiations: Negotiating is an art form and a precious life skill to possess. It is quite useful when dealing with stubborn insurance companies who insist on paying out as little compensation as they possibly can to avoid admitting any sort of liability on behalf of their client. Your lawyer will spearhead negotiations with the insurance company and work to get you everything you deserve.

Contributory Negligence

North Carolina state law prohibits parties who are found to be at least partially at fault for the accident from obtaining damages. This is the North Carolina Contributory Negligence Law. North Carolina is one of the few states that still enforces this law when it comes to personal injury claims if the injured party’s own negligence contributed to their own injuries in any way, even if by a small percentage, then that party will likely be denied the opportunity to receive any kind of compensation.

There are, however, exceptions to the contributory negligence statute:

  • Gross Negligence: If the defendant is found to have been wanton or willful in their negligence, the plaintiff could recover damages even if they were also negligent. Wanton or willful behavior is defined as consciously or intentionally disregarding the rights and safety of others.
  • Last Clear Chance Doctrine: If a contributorily negligent plaintiff can prove the defendant could have avoided the accident but failed to, the plaintiff may be able to recover damages from the defendant.


Q: How Much Can Someone Attempt to Claim After a Car Accident in North Carolina?

A: North Carolina state law does not put a cap on the amount of economic or noneconomic damages you can seek during a car accident claim. If you can prove you have been injured and incurred medical fees, you can sue for that amount. Punitive damages, however, are capped out at a maximum of $250,000. Barring contributory negligence, you can sue for as much in damages as you believe you deserve.

Q: What Is the Average Car Accident Settlement in North Carolina?

A: The state has no average settlement amount, as every case is different. Since the state has no cap on how much you can sue for in damages, the state has no official average settlement amount for car accident claims. The ballpark figure for an average settlement amount is around $29,000. The average payout for minor injuries is around $7,000, while the average payout for severe injuries is around $641,000. The more severe the resulting injuries are, the more you are likely to receive in damages.

Q: Is North Carolina a No-Fault State for Accidents?

A: No, North Carolina is not considered a no-fault state. North Carolina is classified as an at-fault state, meaning that the driver who is found to be responsible for causing a car accident is primarily responsible for paying the other driver in damages. That includes medical bills, property damage bills, lost wages, and any other damages deemed necessary by the court.

Q: How Long Do You Have to File a Claim After a Car Accident in North Carolina?

A: The statute of limitations for most personal injury claims in North Carolina is three years from the date of the accident or from the date you were made aware that there were grounds for a lawsuit. This time restriction is meant to protect the courts from frivolous lawsuits and prioritize plaintiffs who need financial support due to a recent accident while also allowing time for injuries to present themselves in their entirety.

We offer a free initial consultation to explain your rights and answer your questions about car accident compensation. Call 910-323-2555 to talk to a lawyer today.

The following pages provide more information for victims of car accidents:

How Lawyer Representation Can Make a Great Difference

Dealing with the aftermath of a car accident is not easy. Reliving potentially one of the most traumatic moments of your life can cause severe emotional distress. Seeking damages for a car accident is a necessary part of finding closure and beginning to heal. An experienced car accident attorney can guide you and make sure you are not alone through the arduous process.

The Law Offices of Wade E. Byrd P.A. has helped numerous car accident victims bring successful personal injury claims. We offer a free initial consultation to discuss your case in our law offices, in your home or in the hospital. We handle cases on a contingency basis, which means we charge no fees until we obtain compensation for you.

Call 910-323-2555 or complete our contact form to discuss your case with a lawyer today. We represent clients throughout North Carolina, South Carolina, Tennessee, Virginia, West Virginia, Georgia and Pennsylvania.

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