10 Surprising North Carolina Laws That Could Affect Your Car Accident Case

Car accidents in North Carolina can be complicated, and many drivers are unaware of certain laws that could significantly impact their claims. While most people understand basic traffic laws, there are some lesser-known legal rules that could make or break a car accident case. If you have been involved in an accident in North Carolina, these surprising laws may determine your ability to recover compensation or even place unexpected liability on you. Below are 10 surprising North Carolina laws that could affect your car accident case.

1. North Carolina’s Strict Contributory Negligence Rule

North Carolina is one of the few states that follows the doctrine of pure contributory negligence. This means that if you are found even 1% at fault for the accident, you are barred from recovering any compensation. Many drivers assume they can still recover damages if the other party was mostly at fault, but in North Carolina, this is not the case. Insurance companies often use this law to deny claims, so it’s crucial to have strong evidence proving that you had zero responsibility for the crash.

2. The Last Clear Chance Doctrine

While contributory negligence can be harsh, North Carolina does recognize the Last Clear Chance Doctrine. This rule states that if the other driver had a final opportunity to avoid the accident but failed to do so, you may still be able to recover damages. For example, if you were partially negligent but the other driver had a chance to prevent the collision and did not take it, you might still have a valid claim.

3. North Carolina’s At-Fault Insurance System

Unlike no-fault states, North Carolina follows an at-fault system for car accidents. This means that the driver responsible for the accident (or their insurance company) must pay for damages. This system allows injured parties to pursue compensation through the at-fault driver’s insurance, file a claim with their own insurance, or take legal action in court. Understanding this system can help you determine the best course of action after a crash.

4. Uninsured and Underinsured Motorist Coverage is Mandatory

North Carolina law requires all drivers to carry Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. Many people don’t realize they have this coverage, but it’s crucial in cases where the at-fault driver lacks insurance or doesn’t have enough coverage to pay for damages. This law provides additional protection for accident victims who might otherwise be left with unpaid bills.

Additionally, the amount of coverage required may not be enough to cover severe injuries or extensive property damage. Drivers in North Carolina must carry at least $30,000 per person and $60,000 per accident in bodily injury coverage, along with $25,000 for property damage. However, medical expenses and vehicle repair costs can quickly exceed these limits, especially in multi-car accidents.

Many accident victims don’t realize that they can also tap into their own underinsured motorist (UIM) coverage if the at-fault driver’s insurance is insufficient. This means if your medical bills exceed what the at-fault driver’s policy covers, your UIM coverage can help make up the difference. However, insurance companies often fight these claims, requiring strong legal advocacy to ensure you receive the compensation you deserve.

Another critical aspect is that UM/UIM claims must be handled carefully to prevent the insurance company from undervaluing or denying your claim. Working with an attorney can help you navigate the complex process of negotiating with your insurance company and ensuring you maximize the benefits available under your policy.

5. Failure to Wear a Seatbelt Can Impact Your Case

While not wearing a seatbelt does not automatically make you at fault for an accident, insurance companies often argue that your injuries were worsened by your failure to buckle up. This could reduce the amount of compensation you receive. In North Carolina, evidence of not wearing a seatbelt is admissible in court, meaning it can be used against you during an injury claim.

6. Strict Rules on Traffic Camera Footage and Dashcams

Many drivers assume they can use dashcam footage or traffic camera recordings to support their case. However, North Carolina has strict rules regarding the use of surveillance footage. Some traffic camera recordings are not publicly available, and private dashcam footage must meet specific legal standards to be admissible in court. If you have video evidence of an accident, you should consult with an attorney to ensure it can be used in your case.

7. Limited Time to File a Lawsuit (Statute of Limitations)

North Carolina law imposes a strict deadline for filing car accident lawsuits. The statute of limitations for personal injury cases is three years from the date of the accident. If you fail to file within this period, you lose your right to pursue compensation. If the accident resulted in a wrongful death, the deadline is only two years. Victims should act quickly to preserve evidence and file claims on time.

8. Texting and Driving is Illegal – But Proving It is Difficult

North Carolina has a strict ban on texting while driving, but proving that the other driver was texting at the time of the accident can be challenging. Police reports may indicate distracted driving, but obtaining a driver’s phone records often requires legal action. Despite the law, many drivers continue to text behind the wheel, increasing the risk of accidents.

Additionally, some drivers use hands-free devices or voice-to-text features, making it even harder to prove distraction. The state does not currently ban the use of handheld cell phones for all drivers, which creates a legal gray area. Insurance companies often dispute claims of distracted driving without clear evidence, making it critical to gather witness statements, traffic camera footage, or expert analysis of the driver’s actions leading up to the accident.

Texting-related crashes are particularly dangerous because they often result in high-impact collisions. If you suspect the other driver was texting, working with an attorney who can subpoena phone records and reconstruct the accident timeline can be crucial in proving fault.

9. North Carolina Recognizes Punitive Damages for Reckless Behavior

If the at-fault driver engaged in reckless or egregiously negligent behavior, you may be eligible for punitive damages. These damages are intended to punish the wrongdoer rather than compensate for losses. Drunk driving, excessive speeding, or road rage incidents may qualify for punitive damages, significantly increasing the compensation you could receive.

To obtain punitive damages, you must prove the other driver acted with willful or wanton disregard for safety. Courts often consider factors such as blood alcohol concentration (BAC), prior reckless driving history, and extreme speeding when determining whether punitive damages should apply.

Unlike compensatory damages, which cover medical expenses and lost wages, punitive damages serve as a deterrent to prevent similar reckless behavior in the future. Because they are awarded at the court’s discretion, having strong legal representation is essential in proving that the at-fault driver’s actions went beyond ordinary negligence.

10. You Can Sue for Car Accident Injuries Even If You Were a Passenger

Many passengers involved in accidents believe they have limited options for seeking compensation. However, if you were injured as a passenger, you can file a claim against the at-fault driver even if that driver was the person you were riding with. Whether it was a friend, relative, or rideshare driver, you have the legal right to pursue damages for your injuries.

In North Carolina, passengers have a separate legal standing from the driver, meaning you are not automatically responsible for any negligence on their part. If both drivers involved in an accident share fault, you may even have multiple sources of compensation, including both drivers’ insurance policies.

Additionally, passengers injured in rideshare accidents (Uber or Lyft) may be able to file claims through the rideshare company’s insurance, which often provides higher coverage limits than private policies. Understanding your rights as a passenger can ensure you receive the compensation you deserve without feeling pressured to avoid legal action due to personal relationships with the driver.

Let a Durham Car Accident Lawyer Help

Understanding North Carolina’s unique car accident laws can help you navigate the claims process and avoid common pitfalls that could affect your compensation. From the state’s strict contributory negligence rule to its mandatory uninsured motorist coverage, these laws can have a major impact on your case. If you’ve been in an accident, it’s crucial to seek legal advice to ensure that your rights are protected. An experienced attorney can help you gather evidence, deal with insurance companies, and maximize your potential recovery.

By being aware of these surprising North Carolina laws, you can take the right steps to protect yourself and improve your chances of a successful car accident claim. Contact us today for immediate assistance.