WINSTON-SALEM, NC — In the aftermath of a motor vehicle collision, victims often face a complex interplay of physical recovery, mounting medical bills, and intricate legal procedures. To assist drivers in navigating these challenging moments and avoiding common legal pitfalls, Lewis & Keller Injury Lawyers, a personal injury law firm serving Winston-Salem, Greensboro, and the Piedmont Triad region, has released a comprehensive public legal guide outlining the standard steps to follow after a car accident.
North Carolina is one of the few states that operate under the legal doctrine of contributory negligence. Under this rule, if an injured driver is found to be even partially at fault for a collision, insurance companies may deny financial compensation entirely. Due to this stringent standard, evidence collected at the accident scene and statements provided shortly afterward often significantly affect the outcome of personal injury and vehicle damage claims.
The guide, published on the firm's website, details essential steps that drivers should take to protect their rights and strengthen their claims. These steps include:
Secure the Scene and Request Emergency Services — Drivers should prioritize safety by moving vehicles out of active traffic lanes when possible. Calling 911 allows law enforcement officers and emergency medical personnel to respond promptly. An official North Carolina Crash Report (Form DMV-349) completed by responding officers serves as documented evidence during liability reviews.
Obtain Prompt Medical Evaluation — Even when injuries do not appear immediate, physical conditions such as whiplash, soft-tissue damage, internal bruising, or concussions can develop later. Visiting an emergency room or urgent care clinic provides a medical record linking injuries to the crash.
Gather On-Scene Evidence — If safe to do so, drivers can use a smartphone to photograph and record video of vehicle damage, physical debris, skid marks, road surface conditions, traffic signals, and visible injuries. Drivers should also exchange contact and insurance information with all motorists involved, as well as obtain contact details from any eyewitnesses.
Exercise Caution with Insurance Adjusters — Insurance representatives for other involved parties may contact victims shortly after a collision to request recorded statements or offer early settlement payments. The guide advises that victims can choose to consult an attorney before agreeing to recorded statements or signing settlement releases, as early offers may not reflect future medical expenses or lost income.
Consult a Personal Injury Attorney — Managing insurance claims, statutory deadlines, and contributory negligence rules involves complex legal procedures. Working with an attorney helps preserve physical evidence, manage communications with insurers, and pursue appropriate compensation.
The firm encourages North Carolina drivers to keep legal contact information in their vehicles and share these safety steps with family members. Lewis & Keller provides case evaluations to assist accident victims in understanding their rights and evaluating legal options.
This guide is particularly important because North Carolina's contributory negligence law is unforgiving, and a single misstep—such as admitting fault at the scene or accepting a quick settlement—can jeopardize a victim's ability to recover damages. By providing clear, actionable guidance, Lewis & Keller aims to level the playing field for accident victims and help them avoid costly errors.
