What to Do If You Are Involved in a Collision in North Carolina

Being involved in a car accident can be a stressful and overwhelming experience, but knowing the proper steps to take can help protect your legal rights and ensure your safety. North Carolina safety law requires specific actions following a collision to comply with legal requirements and avoid additional penalties. By following these steps, you can also make the claims process smoother and ensure you have the evidence needed for any potential legal or insurance disputes.

What to Do If You Are Involved in a Collision in North Carolina

Stop and Remain at the Scene

North Carolina law requires drivers involved in any car accident to stop immediately and remain at the scene. Failing to do so can result in criminal charges, especially if there are injuries or significant property damage.

• NCGS § 20-166: "The driver of any vehicle involved in a crash resulting in injury to or death of any person or total property damage of one thousand dollars ($1,000) or more, or the driver of any vehicle involved in a crash that results in the vehicle being rendered a total loss, shall immediately stop the vehicle at the scene of the crash or as close thereto as possible."

Leaving the scene of an accident can lead to serious criminal charges, especially if the accident involves injury or death.

Ensure Safety and Check for Injuries

After stopping, your immediate priority should be ensuring the safety of everyone involved. If anyone is injured, call 911 for emergency medical assistance. It is essential to avoid moving injured parties unless there is an immediate danger, such as a fire or risk of further collisions.

While waiting for medical assistance, try to provide basic first aid if you're trained, but do not attempt to move anyone with potential spinal injuries unless absolutely necessary.

Move Your Vehicle Out of Traffic (If Safe)

If the vehicles are drivable and it is safe to do so, move them out of the flow of traffic to avoid further accidents. However, if the vehicles are too damaged to move or if moving them might cause additional harm, leave them in place and turn on your hazard lights to alert other drivers.

Call Law Enforcement

Under North Carolina law, you are required to notify law enforcement if the accident results in injury, death, or property damage exceeding $1,000. This is typically handled by calling 911 to report the incident.

• NCGS § 20-166.1: "The driver of any vehicle involved in a crash resulting in injury to or death of any person or total property damage of one thousand dollars ($1,000) or more, or the driver of any vehicle involved in a crash that results in the vehicle being rendered a total loss, shall immediately notify the appropriate law enforcement agency."

An officer will arrive on the scene to file an accident report, which will be critical if you need to file an insurance claim or pursue legal action.

Exchange Information with the Other Driver

After ensuring everyone's safety and notifying law enforcement, exchange information with the other driver involved in the collision. Be sure to collect the following details:

• Name, address, and phone number
• Driver's license number
• License plate number
• Insurance information (company and policy number)

Avoid discussing fault or making any statements that could be interpreted as an admission of liability. Simply exchange the necessary information and wait for law enforcement to arrive.

Document the Scene of the Accident

It’s important to document the scene as thoroughly as possible to preserve evidence that may be crucial for any insurance claims or legal disputes. Use your phone to take photos and videos of:

• The damage to all vehicles involved
• The position of the vehicles after the accident
• Skid marks or road debris
• Traffic signs, signals, or any nearby landmarks
• Weather conditions, road conditions, or visibility issues

Additionally, write down any details you remember about how the accident occurred. If there are any witnesses, ask for their contact information and whether they would be willing to provide a statement.

Cooperate with Law Enforcement

When law enforcement arrives, cooperate with the officers and provide them with an accurate account of the events leading up to the collision. Avoid speculating or admitting fault, as the police will conduct their investigation to determine what happened.

The police officer will file an official accident report, which can be requested later for insurance purposes or legal claims.

Seek Medical Attention

Even if you believe you are not injured, it’s essential to seek medical attention after an accident. Some injuries, such as whiplash, concussions, or internal injuries, may not be immediately apparent but can worsen over time if left untreated. Visiting a doctor soon after the accident also provides documentation that may be important for any injury claims later.

If you experience pain or discomfort in the days following the accident, schedule a follow-up appointment with your healthcare provider to assess potential injuries.

Notify Your Insurance Company

Once you’ve taken care of immediate concerns at the accident scene, report the incident to your insurance company as soon as possible. Many insurance policies require that you notify them promptly after an accident. Be prepared to provide details about the accident, including the other driver’s information and any police reports you’ve obtained.

Your insurance company will guide you through the claims process and let you know what documentation is required to proceed.

Consult a Raleigh Car Accident Attorney

If you’ve been injured in the collision or if there is significant property damage, it may be wise to consult with an experienced personal injury attorney. An attorney can help protect your legal rights and assist you in pursuing compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

In some cases, determining liability for the accident can be complicated, and an attorney can help gather evidence and negotiate with insurance companies on your behalf.

North Carolina's "Contributory Negligence" Rule

It’s important to note that North Carolina follows a contributory negligence rule, which means that if you are found to be even 1% at fault for the accident, you may be barred from recovering compensation. This makes it especially important to be cautious about what you say at the scene and to consult with a South Raleigh personal injury lawyer if you have concerns about fault or liability.

Penalties for Leaving the Scene of an Accident in Raleigh

North Carolina law takes leaving the scene of an accident very seriously. Failing to remain at the scene or report the accident could lead to significant legal penalties, including:

• Fines
• Suspension of your driver’s license
• Potential jail time (especially in cases involving injury or death)

These penalties are outlined in NCGS § 20-166, which requires drivers involved in a collision to stop and remain at the scene until law enforcement arrives.

How The Law Offices of John M. McCabe Can Help

At The Law Offices of John M. McCabe, we understand how overwhelming a car accident can be. Our experienced personal injury lawyer team is here to guide you through the process, ensuring that you take the right steps to protect yourself and your rights. Whether you’ve been injured or need assistance with an insurance claim, we are ready to help you navigate the legal complexities and seek the compensation you deserve.

If you’ve been involved in a car accident, contact us today for a free consultation. We are committed to advocating for your best interests and holding negligent drivers accountable.