Frequently Asked Questions About Car Accidents

Last updated on January 31, 2025

I am attorney Mike Maurer, a board-certified civil trial specialist who previously worked as an insurance company defense attorney handling personal injury claims. Along with my knowledgeable staff at Maurer Law, I now use all my experience to help injured people.

Hopefully, you will never need a Raleigh personal injury or car accident lawyer, but if you do, or if you have any questions at all, I am here to help. To get you started, I’ve answered a few common questions about motor vehicle accidents below.

How can an attorney help me get compensation for injuries and property damage after a serious car accident?

Car accidents are stressful – especially if you are seriously injured. To make matters worse, you may start receiving phone calls from the at-fault party’s insurance company very soon after your crash. Insurance companies are in the business of making money, and they work hard to settle cases quickly and for the lowest dollar amount possible.

While a quick settlement may sound enticing, it may not be in your best interests. You may not yet know the full extent of your injuries or the type of medical care you will need in the future. In addition, you may not know how long you will be unable to work or if you will be able to work at all.

What do I need to know after a crash?

North Carolina is a “fault” state, meaning that the person who caused the accident is responsible for compensating the victim for the injuries and property damage caused by the crash. Depending on your accident, compensation may be obtained by:

• Filing a claim with your own car insurance company, which will, in turn, seek reimbursement from the at-fault driver’s insurance company
• Filing a third-party insurance claim directly with the at-fault driver’s insurance company
• Filing a personal injury lawsuit against the at-fault driver

How can you help me?

Keep in mind that not every accident requires the services of an attorney. However, if you were seriously hurt in a car accident that wasn’t your fault, it is in your best interest to talk to an experienced personal injury attorney as soon as you can reasonably do so.

I am a seasoned lawyer, and I would be happy to review your case and help you determine the best course of action for your particular situation during a free, no-obligation case evaluation.

Am I allowed to ride in the open bed of a pickup in North Carolina?

Yes, you are permitted to ride in the open bed of a pickup as long as you are older than 16. However, children younger than 16 may ride in the bed in certain situations:

• If there is an adult there as well who is supervising the child
• If the truck is being operated in a parade
• If there is some sort of emergency requiring the child to ride in the bed of the truck
• If the truck is being operated on a farm or other agricultural enterprise

The truck driver is responsible for all kids under 16, so the driver would be the one ticketed even if the child’s parent is sitting right next to the driver. The fine is $25. There are also special requirements regarding North Carolina’s seat belt law, so check out my other materials on this website.

For obvious reasons, it is very dangerous to ride in the bed of a pickup whether you are a child or an adult. People can violently bounce around in an accident and even be thrown out of the truck, so caution should always be taken.

What is the North Carolina Graduated Driver Licensing system?

North Carolina takes teen driving safety very seriously, which is why it implemented its Graduated Driver Licensing (GSL) system in 1997. This program has served as a national model for scientifically based strategies to improve teen driver safety. Since its inception, accidents have decreased by 38% for 16-year-olds and 20% for 17-year-olds. The system is comprised of three different levels:

• Learner Stage: To receive a Level One Limited Learner Permit, the driver must be at least 15 years of age, but under 18. He must have completed an approved driver’s education course that meets the state requirements. Additionally, they must present a Driving Eligibility Certificate (DEC), a high school diploma or its equivalent. Candidates must pass written, sign identification, and vision tests.
• Intermediate Stage: To receive a Level Two Limited Learner Permit, the driver must be at least 16 but under 18. The candidate must have held a Level One Limited Learner Permit for at least 12 months and must have no convictions of seat belt infractions or moving violations within the preceding six months.
• Full Privilege Stage: Drivers must be 18 years of age or older to receive a Level Three Full Provisional License. Additionally, they must have held Level Two Limited Learner Permits for at least six months and have no convictions for moving violations or seat belt infractions within the preceding six months.

Each level of permit and license includes various restrictions and provisions. Failure to adhere to them could result in a driver not receiving their license. Although the system attempts to prevent crashes caused by teenagers, they can still happen.

What does actual cash value, or ACV, mean?

Actual cash value (ACV) refers to the amount your car was actually worth before it was totaled in a North Carolina car wreck. In other words, ACV refers to the fair market value of the car. Generally, this means the cost of replacing the vehicle minus depreciation.

Depreciation is the decrease in the value of any car due to wear and tear over time. So if you paid $20,000 for your 2001 Mustang when you bought it new, but it had 120,000 miles on it and is well over 10 years old, the ACV is probably only about $7,000 at the time of the wreck. This is usually the rough amount that the same car is selling for in the used car market in your locale.

In theory, you should be able to take the $7,000 and find another car just like yours. Of course, I often find that people always seem to fall short and cannot find a replacement vehicle for the ACV that the insurance company pays them.

At Maurer Law, I frequently help my clients injured in a car wreck with their property damage claims (as a courtesy, as long as they have an injury claim we are handing in). Often, I am able to negotiate with the insurance companies to convince them why the ACV should actually be higher than they say it is. This puts more money in the client’s pocket and oftentimes allows them to actually buy the replacement vehicle that they want.

I am a board-certified civil trial specialist who previously worked as an attorney for insurance companies defending personal injury claims. I now use all of this experience to help injured people in Raleigh, Durham and throughout North Carolina who have sustained personal injuries in car accidents.

Can I keep my car after the insurance company deems it a total loss?

You sure can. All you have to do is fill out a simple form from the North Carolina Department of Transportation, which essentially makes you acknowledge the obvious: that you are deciding to keep a vehicle that has been deemed totaled. You are required by law to disclose this fact if you ever sell the vehicle or transfer it to someone else. There are many reasons you might want to keep a vehicle that is totaled. It could be that the vehicle has sentimental value and you just cannot let it go. It could be that you feel you can do better selling it for parts yourself. Or, it could be that you want Uncle Joe to make it new again, and he’s really good with cars!

Whatever the reason, if the insurance company deems your vehicle a total loss, they will offer to pay you for the vehicle. They will pay the actual cash value of the vehicle. Once they do that, they will sell your vehicle to a salvage yard and collect a few hundred dollars in salvage value. If you opt to keep your wrecked vehicle following a Raleigh car accident, all you have to do is fill out the DOT form and a few forms from the insurance company and that is pretty much it. Of course, the salvage value, or the amount the insurance company could have gotten if they had taken your vehicle to a salvage yard, will be deducted from the check they give you.

If the actual cash value of your wrecked car is $5,000, and the salvage value is $400, then instead of the insurance company paying you $5,000 for your wrecked vehicle which they can sell to a junkyard for $400 (to help recoup what they paid on the “loss”), they will deduct the $400 which they could have gotten and give you a check for $4,600 and you can keep the vehicle.

If your vehicle has been totaled in an accident in the Raleigh-Durham area or anywhere else in North Carolina, and you have sustained injuries, it is probably a good idea to at least consult with a personal injury attorney to determine your rights and responsibilities.

I was in a trucking accident where I never saw the truck coming. Am I at fault?

Few types of roadway accidents are as frightening as those involving semi-trucks. These vehicles are so large and intimidating that the damage inflicted upon automobiles and their passengers is often severe. If you were involved in an accident while traveling on Capital Boulevard, or one of Raleigh’s many other roadways, the truck driver, their insurance company, or the owner of the truck may be responsible for compensating you for your injuries. This is true even if you never saw the truck coming at the time the crash occurred.

When is a truck accident likely not your fault?

Even if you did not see the truck, and therefore did not try to react to avoid an accident, the crash may not have been your fault. The truck driver could have been acting negligently. Here are five such examples:

• The truck pulled out in front of you very quickly, with no time for you to see it and react
• The truck pulled over onto the side of the road but failed to put on its emergency indicator lights
• Substantial rain or snow was falling at the time of the accident, reducing visibility and making it impossible to see the truck. This is especially true when the truck driver was travelling at a high rate of speed for the conditions
• The truck was driving without its headlights or brake lights on
• The truck came up behind you so fast, that you never had time to react

Regardless of how the accident occurred, it is crucial to have an experienced attorney on your side to protect your legal rights.

What should visitors to North Carolina do after a Research Triangle car accident?

You are passionate about badminton and have come to Research Triangle to learn more about the sport. As home to one of the largest badminton communities in the southeastern United States, the Triangle is the perfect spot to home in on your passion.

On your way to visit the American Badminton Academy, you are rear-ended by another motorist. Since you are simply visiting the state, you’re not sure what you should do. Tourists involved in Research Triangle car accidents must take action immediately to be able to receive the compensation they might be entitled to.

Here are the vital steps:

• Gather evidence and information: Collect the insurance information and contact information of the other driver involved in the accident. Also, take pictures of the vehicle damage and any skid marks on the road. Attempt to get contact information from any witnesses.
• Go to the hospital: Visit the hospital as soon as you are able to after a collision. Even if you don’t feel that you are injured, it is still essential for you to go. Receiving an examination allows you to start a medical record of your injuries, which can help you in court. Additionally, obtaining medical treatment right away helps you recover as quickly as possible.
• Contact a lawyer: Call an experienced attorney as soon as you can. The lawyer will advise you on what to do about your accident and may be able to help you receive compensation that can cover the costly medical bills you will likely incur. If you don’t have the help of a lawyer, you may be expected to pay for the costs, which isn’t fair – particularly since you didn’t cause the accident.

I have helped many victims of Research Triangle car accidents.

What treatments will I receive after experiencing internal injuries because of my auto accident?

No one asks to be involved in a car accident. And certainly, nobody wants to become injured. Although internal injuries are often the most common effects after a crash, they can also be some of the most serious, particularly if internal bleeding is involved. A variety of treatments are used to resolve the injuries, and unfortunately, they are all quite costly, including:

• Surgery: When internal organs are injured, surgery is sometimes the only way to resolve them. Torn spleens, ruptured appendixes, and internal bleeding are common injuries after a wreck, and surgery is usually required. Broken bones often require surgical repair. As you can probably imagine, procedures are extremely expensive and the recovery can take extensive periods of time.
• Blood transfusions: Internal bleeding often occurs as a result of blunt trauma. If the bleeding is severe enough, massive amounts of blood can be lost, resulting in unconsciousness and even death. If you’ve suffered significant blood loss, a transfusion can help replenish what was lost.
• Physical therapy: Back and neck injuries are some of the most common injuries that occur after an accident. Discs can become herniated, and muscles and tendons can become strained. Physical therapy is often prescribed to help remedy these ailments, which often take long periods of time to heal.

When you are the victim of a car accident, a variety of issues you have never had to think about before they come up. For instance, have you thought about how you’re going to pay for the medical bills associated with the crash or the wages you’ve lost from missing work? Unless you have the help of an experienced attorney, you may be held responsible for these fees, which isn’t fair.

I don’t think victims should be held responsible for the payment of their treatments. The insurance company will try to give you less than what you should receive, and I want to help you get the most you can.

What rights do I have if a drunk driver caused an accident on the Cliff Benson Beltline that killed my loved one?

First, I am so sorry to hear that you have lost someone dear to you. The intense grief associated with the sudden death of a loved one is never easy. Knowing that another person’s carelessness caused your loss only makes the situation that much more painful.

You may be feeling numb, angry, confused and hurt all at the same time. You may not know what to do or how to get past this painful stage of your life. While you are in the midst of grieving, rest assured that you don’t have to handle the extra financial burdens associated with a loved one’s death on your own.

When a drunk driving accident on the Cliff Benson Beltline or Capital Boulevard claims a life, the victim’s family – spouse, parents, or children – may be able to recoup damages for their loss. You may be able to request compensation to pay for any or all of the following:

• Your loved one’s medical expenses, including a stay in the ICU and medications to ease his or her suffering
• Funeral and burial expenses
• Your loved one’s pain and suffering
• Lost wages if the family member who died contributed to your family’s monthly income
• Loss of companionship or parental support

When you’ve lost someone you love in a drunk driving crash caused by another’s negligence, the grief can be more than you can handle. Rather than adding to your stress, trust the legal matters to a Raleigh attorney who is skilled in pursuing wrongful death claims after drunk driving accidents.

What is uninsured motorist (UM) coverage in North Carolina?

Uninsured motorist (UM) coverage protects you in the event someone without car insurance causes a wreck and injures you in Raleigh, Durham or anywhere else in North Carolina. This type of insurance coverage is also referred to as “underinsured” motorist coverage (aka UIM, but we’ll call it all UM to keep it simple).

UIM coverage addresses situations where the at-fault party HAD insurance but not ENOUGH insurance to fully compensate you for your injuries. They are both meant to protect you if you are in a wreck caused by someone else. If you have been injured in a car accident, one of the most important things you can do is to check your insurance policy to see how much UM coverage you carry.

This coverage is mandatory in North Carolina, in keeping with the public policy of protecting innocent victims from injuries arising from the use of an automobile. Sadly, most people do not carry enough coverage–only the state minimum of $30,000. I handle all types of accidents involving a motor vehicle, whether it is a car, truck or motorcycle.

What laws does North Carolina have regarding cellphone use while driving?

Distracted driving is an extremely dangerous activity that poses serious risks to drivers, passengers and non-occupants alike. Unfortunately, despite knowledge of this danger, many people continue to use their cell phones when operating a motor vehicle on North Carolina’s roadways.

The United States Department of Transportation cannot ban distracted driving outright because this authority is left to the individual states. As a result, North Carolina has opted to enact some laws regarding this dangerous behavior.

Unfortunately, the use of handheld cell phones while driving is not banned outright for all motorists on North Carolina’s roads. Instead, this activity is banned for specific classes of drivers. The following is an overview of the laws enacted in this state:

• Cellphone use, both handheld and hands-free, is banned for bus drivers except in the event of an emergency
• Cellphone use, both handheld and hands-free, is banned for novice drivers. Exceptions are made for calls made under emergency circumstances or to contact parents
• Texting while driving is banned for all drivers unless the vehicle is fully stopped or lawfully parked
• Police officers, firefighters, and ambulance drivers are permitted to use mobile phones in the performance of their official duties

Unless the driver is a novice or a bus driver, making and accepting calls on a cell phone while driving is permitted. Drivers are also permitted to read caller ID information or use stored names and numbers to make phone calls while operating a vehicle. Voice-activated technology, such as Bluetooth, is also allowed.

What makes a head-on collision more dangerous than other types of car accidents?

Statistically, head-on collisions are among the most dangerous types of car accidents currently affecting drivers on our nation’s roadways. These crashes often result in severe injuries – including death.

Other common injuries include broken bones, traumatic brain injuries, and whiplash. These injuries may create a significant financial loss for victims and their families. Expenses often include loss of the ability to work, ongoing medical care, and property damage.

In general, the extreme danger presented by a head-on collision can be explained by physics. The force created by two vehicles hitting each other head-on is greater than many other types of car accidents.

The following is a brief overview of three reasons that explain why head-on collisions are often more fatal than other crashes:

1. Head-on collisions are often abrupt because the forward movement is stopped so quickly. They are similar to a car crashing into a brick wall.
2. Another traveling vehicle becomes a stationary force in an accident. There is no giving way or absorption of the force of impact following a head-on collision.
3. The force of a head-on collision is doubled due to each vehicle’s traveling speed. Even if the vehicles are traveling slowly, the collision will result in a tremendous impact.

All this information can help you in the event of a crash. Please share it with your friends and loved ones who suffer from injuries caused by an accident.

What is contributory negligence law in North Carolina?

North Carolina is only one of five states that still utilizes an old, harsh law called “contributory negligence.” Contributory negligence means that if an accident victim contributed to their own injuries in any way, they would be completely barred from any recovery. It sounds unfair because it is.

Imagine that a jury found a defendant 90% at fault for causing the accident, but also found that the plaintiff was also 10% at fault (perhaps for something as minor as traveling the speed limit on a rainy day, which some might consider too fast for conditions). No matter what the plaintiff’s injuries are, or the amount of their medical bills, they will recover nothing in this scenario.

Most states follow a fairer law called “comparative negligence.” Under this rule, if that same plaintiff is found to be 10% at fault, and their total damages are $100,000, then the award is simply reduced by that 10% to $90,000. This makes much more sense.

Other than North Carolina, Alabama, Maryland, Virginia and the District of Columbia are the only jurisdictions that recognize the contributory negligence rule.

As with most rules, there are exceptions that may apply. One is called the “Last Clear Chance” doctrine. Under this rule, even if a plaintiff contributes to their own injuries in some small way, if the defendant had the last clear chance to avoid the accident, and didn’t, then the plaintiff can receive a full recovery from the negligent defendant.

A good example of this doctrine at work is in a case where a plaintiff with limited vision negligently crosses the street in an area outside of a crosswalk. The defendant, had they been maintaining a proper lookout while driving, should have been able to see the plaintiff and had ample opportunity to avoid hitting them, but negligently hit them anyway. In this case, it may be said that, aside from the plaintiff’s own negligence, the defendant had the last clear chance to avoid the accident, and the helpless plaintiff, who may not have even realized they were outside of the crosswalk, will not be held liable. An even better real-world example can be found here.

Every case depends on its own unique facts and there certainly is no one-size-fits-all approach.

Are brain injury victims at risk of developing cognitive issues following a car crash?

Unfortunately for victims of traumatic brain injuries, cognitive problems may result from the damage. Since approximately half of all traumatic brain injuries are caused by automobile accidents, these cognitive symptoms can become a very real problem after a crash.

If you suffered a traumatic brain injury and are now facing issues with cognitive thinking skills, you may be entitled to compensation. It is vital that you contact an attorney for guidance in protecting your legal rights.

Damage to cognitive skills as a result of a traumatic brain injury can affect many areas of a victim’s life. Victims suffering from TBI’s may experience difficulties with any of the following:

• Awareness of one’s surroundings
• Ability to pay attention to tasks
• Memory
• Reasoning
• Problem-solving
• Executive functioning, such as goal setting and planning

Further, the location and severity of possible cognitive symptoms are extensive. Victims may see their symptoms exhibited in many ways, including:

• Difficulty concentrating whenever there is a distraction
• Taking longer to absorb new information
• Needing to have new messages broken down into smaller pieces
• Making people repeat messages to be sure they are heard
• Difficulty remembering short-term memories
• Difficulty starting and completing tasks, as well as planning and organizing

These symptoms may be short-term or they may last for the indefinite future. Medical and rehabilitative treatment could be required to help the victim function in daily life. For these reasons, it is crucial to consult with a knowledgeable attorney who can help you pursue compensation for your suffering.

Can I still recover in a car accident if I was not wearing my seat belt?

If you have suffered an injury in a car accident in Raleigh and you did not have your seat belt on, you may still be able to recover compensation for your injuries. Although North Carolina law says that drivers and front seat passengers must wear their seat belts, your failure to wear them is inadmissible in trial.

That means the jury never gets to hear that you were not wearing your seat belt. While we hope that everyone will wear their seat belts (they save lives!!), we are fortunate that there is this quirk in the law that makes it possible to recover from your injuries, assuming the accident itself was not your fault.

Without this quirk, you would be barred from recovery because of a harsh principle in the law outlined above called “contributory negligence.” Ordinarily, if you contributed to your own injuries in any way, even a little, you would be prohibited from recovering damages for your injuries. The rationale behind the law is that people who are even partially responsible for their injuries should not be able to blame someone else.

However, this does NOT apply in a car accident case in North Carolina. This quirk in the law will only work if you are not at fault for causing the accident itself.

What type of damages can I recover after a Raleigh car accident?

Immediately following your auto accident injury, you probably weren’t thinking about money (and rightfully so). You were seriously injured, dealing with intense pain and focusing just on recovery.

However, once the reality of your situation set in and your medical bills started to accumulate, you probably started to become concerned about how everything was going to be paid for. If the accident was not your fault, figuring out how to cover the costs of your accident should not be put on your shoulders.

If your Raleigh auto accident attorney is able to prove that the crash was not your fault, you may be entitled to a variety of damages that could include compensation for:

• Medical expenses past, present and future
• Lost wages, including future lost wages
• Mental anguish
• Pain and suffering
• Disfigurement or scarring
• Loss of capacity for the enjoyment of life

If you are a family member of someone who was killed in an auto accident, you may also be entitled to recover any costs related to their death. The key thing to remember is that damages don’t just cover what has already happened; they also include future expenses you may incur as a result of your injuries.

This is a primary reason you truly need to seek the assistance of an experienced car accident lawyer before accepting any type of payment from the insurance company. The insurance adjuster is probably offering you a settlement that may cover most of your past expenses but does not factor in any future expenses such as physical therapy, the inability to work ever again, or medications you’ll be taking for the foreseeable future.

Contact Me Today For A Free Case Review

Contact my Raleigh-based firm, Maurer Law, for a completely free consultation and to learn about your options after your auto accident. You can reach us online or call 704-899-2133.