How an Asheville Car Accident Lawyer Can Assist You
Whether you’ve just been in a car accident or have been dealing with one for some time now, understanding the law after a vehicle accident in Asheville can be tricky. That is why an Asheville Car Accident Lawyer can assist you. You may find that your insurance company is not providing adequate coverage, or you may have questions about what legal rights you have when it comes to compensation.
In any case, navigating the law after an Asheville vehicle accident is no small task. That’s why we’ve put together this comprehensive guide to help you better understand the legal aspects of your accident and what steps—and rights—you need to take.
Understanding The Most Common Causes of Asheville Vehicle Accidents
Asheville is known for its scenic views and beautiful landscapes, but unfortunately, it is also home to thousands of vehicle accidents that cause injury, property damage, and even death. While no two accidents are the same, understanding the most common causes can help you prepare and prevent them in the future.
The most common causes of vehicle accidents in Asheville include:
- Distracted driving: Distraction is a major cause of car crashes in Asheville. Whether it’s texting while driving, talking on the phone, or not paying attention to the road while you are driving, all are serious distractions that can lead to tragic results.
- Speeding: Speed limits exist for a reason. Obeying speed limits can help reduce the severity of an accident in case of a collision.
- Impaired driving: Driving under the influence of alcohol or drugs is illegal and extremely dangerous; it impairs your ability to make quick decisions or react properly in an emergency situation.
- Poor weather conditions: Weather conditions can be hard to predict in Asheville. When roads become slippery due to rain or snow, drivers must stay alert and avoid sudden turns which can cause loss of control over their vehicles and serious accidents.
By familiarizing yourself with these common causes, you will be better prepared when driving on Asheville’s roads and highways.
“I’m leaving a 5-star review for Lakota Denton and his excellent team because of their utmost care and compassion. I came to them drowning in the turbid waters of despondent lawyers and sketchy doctors, and they put me on a plan to physical recovery, while they recovered my case. Lakota is a lawyer with keen awareness, dignity, and most importantly, heart. Thank you, Lakota.” – Ganesh Braymiller
“Excellent in every way. Lakota is easily the best lawyer I have ever worked with. Effective, efficient, honest, compassionate, friendly and fair. Hiring a lawyer can be stressful, but Lakota transforms that stress into confidence. And that confidence is then justified by the results he gets. Thanks for your help Lakota!” – Stephen Barnard
“I couldn’t be happier with the job Lakota Denton and his awesome staff did for me after I had my accident. They all really cared about my outcome and stayed in touch every step of the way. I can’t recommend him enough!! 5 stars all the way. Thank you!” – Peter Estrada
“In an accident? Need Help? This is your turn-key, set-it-and-forget-it solution! Lakota and Jenny are two of the best friends you will meet in Asheville! If anything can go sideways, be atypical or oddball… it seems like it will happen to me. True to form, several legal obstacles cropped up, even though I was not at fault in the accident.” – Christopher McGrath
“Lakota provided me with a free consultation and gave me crucial information on how to handle my accident case with an 18 wheeler. His guidance set me on the right path to maximizing my settlement while feeling confident I understood the process. I cannot recommend his services enough, he was an incredible help to me.” – Amy Fisher
“Lakota Denton is a champion for the people. He worked with me on a car accident case and won the maximum settlement. He has a strong reputation as an experienced trial lawyer so insurance companies know he doesn’t mess around.” – Chalkley Matlack
“Attorney Lakota Denton was super effective at isolating the issue, building a strong case, and achieving immediate results on behalf of clients in a matter that is so key to our constitutional rights. If looking for an attorney, look no further. You need him in your court!” – Zachery Adam
“Incredibly helpful folks- whether you end up utilizing their services or not. They provided me with peace of mind on a terrible day when I had no idea what steps to take. You won’t find a friendlier or better informed personal injury lawyer in Asheville! Even if you’re just not sure of your rights or the steps to take, it’s definitely worth making the call!” – Chessa Budai
ANSWERING YOUR QUESTIONS
What Laws Apply to Asheville Car Accidents?
When it comes to navigating the law after an Asheville vehicle accident, it’s important to note that the state of North Carolina follows a “fault-based” system. This means that the party at fault for the accident must pay for damages and injuries sustained by those injured in the crash.
When determining who is at fault, there are a few factors to take into account:
- Negligence: If one party acted carelessly or recklessly and caused an accident, they may be liable for any injuries or damages.
- Contributory negligence: Under North Carolina law, someone at fault for an accident can only recover damages if they are not more than 50% responsible for the crash.
- Statute of limitations: In North Carolina, victims have three years from the date of an injury to file a civil lawsuit if their injury is due to another person’s negligence.
- No-fault insurance coverage: According to North Carolina law, drivers must purchase no-fault insurance coverage that pays medical expenses up to $30,000 in certain cases when they sustain an injury in vehicle accidents due to another driver’s negligence. Victims must exhaust their no-fault insurance coverage before pursuing compensation from other sources, such as liability insurance policies or lawsuits against negligent drivers.
It’s also important to note that different types of compensation are available after a car accident, such as lost wages, medical bills, pain and suffering, property damage, and punitive damages (in extreme cases). With all of these factors in mind, getting help from a legal professional is important.
Statistics on Vehicle Accidents in Ashville
Asheville sees over 10,000 reported motor vehicle collisions each year. According to data collected by the North Carolina Department of Transportation, Asheville residents experience a car accident nearly 3 times per day. While most of these are minor fender benders, the potential for serious injury or death remains a reality.
In most cases, if someone else was at fault for the accident, they may be liable for medical expenses or other damages. It could also be possible to receive compensation through insurance coverage. Unfortunately, even with clear-cut evidence, insurance companies may still deny your claim, leaving you feeling overwhelmed and confused about what to do next.
Navigating the law after an Asheville vehicle accident can be difficult and intimidating, but it’s important that you take action quickly in order to ensure you receive the compensation you deserve. A qualified Asheville car accident attorney can help understand your options and protect your rights so that you don’t get taken advantage of by insurance companies.
Seeking Medical Attention Post-Accident
No matter if you think your injuries are minor or not, whatever happened as a result of the accident needs to be checked out by a medical professional. If you have sustained any kind of injury, be sure to get checked out and seek medical attention right away.
This is important, not only for your own well-being but also when it comes to pursuing compensation after an accident. Medical records and bills associated with the medical care you receive are key pieces of evidence that can help you recover damages from the other driver after an accident.
By seeing a healthcare practitioner shortly after an Asheville vehicle accident, you open yourself up to:
- An accurate diagnosis of your injuries
- Proper treatment and a management plan for relief
- Documentation of the treatment provided and any ensuing medical bills
- Accurately projected costs to treat any future-related injuries caused by the crash
- Professional testimony in court if needed
- Reimbursement for lost wages caused by missed work associated with inpatient/outpatient treatments due to your injuries from the accident.
Filing An Insurance Claim for Asheville Vehicle Accidents
Filing an insurance claim after a vehicle accident in Asheville, North Carolina, can be a complex process. However, it is crucial to file a claim promptly to ensure that you receive compensation for your injuries and damages.
Step 1: Notify Your Insurance Company
The first step in filing an insurance claim after an Asheville vehicle accident is to notify your insurance company. You should report the accident to your insurance company as soon as possible, even if you were not at fault for the accident.
Most insurance policies require prompt notification of an accident, and failure to report an accident could result in a denial of coverage. When you report the accident, provide as much information as possible, such as the date and time of the accident, the location, and the names and contact information of any witnesses.
Step 2: Gather Evidence
The next step in filing an insurance claim after an Asheville vehicle accident is to gather evidence. This includes collecting information about the other driver involved in the accident, such as their name, contact information, and insurance information.
You should also gather evidence from the accident scene, such as photographs of the damage to your vehicle, the other driver’s vehicle, and any property damage. Additionally, if there were any witnesses to the accident, you should obtain their names and contact information.
Step 3: Seek Medical Attention
If you were injured in an accident, it is crucial to seek medical attention promptly. Even if you do not think you are injured, it is essential to get checked out by a medical professional to ensure that you have not sustained any internal injuries.
When you visit a medical professional, make sure to keep all records of your medical treatment. This includes records of any medical bills, prescriptions, and other related expenses.
Step 4: Work with An Experienced Personal Injury Attorney
An attorney can help you navigate the claims process, negotiate with insurance companies, and ensure that your rights are protected throughout the process.
They can also help you gather evidence and build a strong case to maximize your compensation. With their assistance, you can receive the compensation you need to recover from your injuries, pay for medical expenses, and move forward with your life.
Step 5: Wait for The Insurance Company’s Decision
After you file your insurance claim, the insurance company will investigate the accident and determine the fault. If the other driver was at fault for the accident, their insurance company will be responsible for paying your damages, such as medical bills, lost wages, and property damage.
If the insurance company determines that you were partially at fault for the accident, they may reduce your compensation by a percentage based on your level of fault. However, if you were found to be more than 50% at fault, you may not be eligible for compensation.
Step 6: Negotiate Your Settlement
After the insurance company makes an initial settlement offer, you and your attorney can negotiate for a higher settlement amount. It is crucial to work with an experienced attorney during this process to ensure that you receive a fair settlement that covers all your expenses related to the accident.
Filing an insurance claim after an Asheville vehicle accident can be a complex process, but it is crucial to ensure that you receive compensation for your injuries and damages. By notifying your insurance company promptly, gathering evidence, seeking medical attention, working with an experienced Asheville personal injury attorney, and negotiating your settlement, you can maximize your compensation and move forward with your life.
Determining Compensation after An Asheville Vehicle Accident
It’s important to understand how compensation works after an Asheville vehicle accident. You’ll need to know who is responsible for the costs associated with your injuries and damages, so you’re not left holding the bag.
Luckily, North Carolina law is designed to ensure that the at-fault driver or their insurance company pays out compensation to the injured party. This covers medical expenses, lost wages, pain and suffering, emotional distress, loss of consortium — a whole host of damages an accident can cause.
Negligence And Fault
When determining compensation for an Asheville vehicle accident, you must prove that someone else was at fault for the accident and that their negligence was responsible for your damages. This means proving that the other person acted carelessly or recklessly in a way that caused your injury or property damage.
Amount of Compensation
Vehicle accidents are a common occurrence in Asheville, North Carolina, and can result in significant physical, emotional, and financial damages to those involved. In such cases, it is important to understand how compensation works after an Asheville vehicle accident.
- Determining compensation: To receive compensation after an Asheville vehicle accident, you must first determine who is responsible for the costs associated with your injuries and damages. North Carolina law is designed to ensure that the at-fault driver or their insurance company pays out compensation to the injured party. This covers medical expenses, lost wages, pain and suffering, emotional distress, loss of consortium, and other damages related to the accident.
- Amount of compensation: The amount of compensation you receive will depend on various factors such as the severity of your injuries, hospitalization costs, and other expenses incurred as a result of the accident. Generally speaking, more serious crashes might result in higher settlements than minor collisions with no serious injuries — but this isn’t always the case. The laws are designed to make sure you are fully compensated for all losses related to the crash.
- Additionally, if you’re filing a third-party claim against another driver’s insurer – like filing a bodily injury liability claim – North Carolina is a contributory negligence state, which means if you are found even slightly responsible for an accident, then you aren’t able to collect from anyone else involved in it. So, it’s important to know all your options when filing estimates against another driver’s insurance policy for payment for medical expenses and other costs.
Types of Compensation
There are two types of compensation available after an Asheville vehicle accident: economic damages and noneconomic damages.
Economic damages include all out-of-pocket expenses incurred as a result of the accident, such as medical bills, property damage, lost wages, and other financial losses. These damages are relatively easy to calculate since they are based on actual financial losses.
Non economic Damages
Non economic damages, on the other hand, are more subjective and difficult to quantify. These damages include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses. Since these damages are difficult to quantify, they often require the assistance of an experienced personal injury attorney.
Retaining An Experienced Vehicle Accident Attorney
If you are involved in an Asheville vehicle accident and wish to pursue legal action, you should consider retaining an experienced vehicle accident attorney. An experienced attorney specializes in state and local laws related to vehicle accidents, so they will have an in-depth knowledge of the process for pursuing a legal claim.
Below are some key benefits of hiring a qualified lawyer:
- They will be knowledgeable about the law: Your lawyer will be familiar with the laws related to Asheville vehicle accidents, as well as the process for filing a lawsuit and seeking compensation for your losses. They can also help guide you through paperwork and other legal processes, saving you time and energy.
- They have negotiation experience: Attorneys usually have years of experience negotiating favorable settlements on behalf of their clients. This means they know how to successfully negotiate with insurance companies and other parties to maximize your recovery without putting yourself in a bad position legally.
- They have access to resources: Vehicle accident attorneys have access to resources such as medical experts who can testify on your behalf, accident reconstruction specialists who can review evidence, and witnesses who can shed light on your case. These resources may be critical in helping win your case or negotiating a favorable outcome.
By hiring an experienced vehicle accident attorney, you can take advantage of their knowledge and expertise so that you don’t have to worry about navigating the law alone.
Why Choose Us?
Because we have been representing victims of Asheville car accidents for many years. We understand the complexities of North Carolina car accident laws and have an in-depth knowledge of the rules and regulations within Henderson County and Asheville. With our experience handling car accident cases, we are dedicated to getting our clients the compensation they deserve.
Lakota Denton has been awarded Top 100 Trial Lawyers by the National Trial Lawyers, the 2014 Top 40 Lawyers under 40, and the Avvo clients choice award. We will fight on your behalf every step of the way including:
- Reviewing documents related to the accident, such as police reports and insurance paperwork
- Obtaining supporting evidence like medical records and accounts from witnesses.
We have settled previous car accident claims of up to $100,000 for injuries sustained. Lakota Denson also has numerous community projects in place such as Slow Down Asheville and Serve Safe, Drink Safe, Do the Right Thing.
Call Us Today
No matter how your vehicle accident happened, you have the right to fair compensation. Understanding the laws and regulations surrounding vehicle accidents in Asheville can be complex and overwhelming. But, with the right lawyer, the process can be made easier.
A skilled Asheville vehicle accident lawyer can provide competent legal counsel in the pursuit of fair and just compensation. If you or someone you love has been in a car accident in Asheville, you should contact Lakota Denton Attorneys at 828-333-5996 and an experienced lawyer will be with you as soon as possible to set up your free consultation.
FAQs Relating to Asheville Vehicle Accidents
If you are in the unfortunate position of being involved in a vehicle accident in Asheville, you may have questions about the legalities and financial compensation. Below are answers to some of the frequently asked questions regarding Asheville vehicle accidents that have been answered by experienced North Carolina attorneys.
What Should I Do When I’m Involved in an Accident?
If you are involved in an accident, it is important to remain at the scene of the accident until any necessary medical attention has been provided or until you have contacted law enforcement. Be sure to exchange insurance information with any other drivers involved, and take photographs or videos if possible. It is also important to contact an experienced attorney as soon as possible.
Can I file a lawsuit if the insurance company denies my claim or offers an inadequate settlement?
Yes, you may be able to file a lawsuit to seek compensation for your damages if the insurance company denies your claim or offers an inadequate settlement. However, it’s important to work with an experienced personal injury attorney to evaluate your options and determine the best course of action.
Will my insurance cover my damages if I am found to be at fault for the accident?
This will depend on the specific terms of your insurance policy. In some cases, your insurance may cover your damages even if you are at fault, but in other cases, you may not be covered. It’s important to review your insurance policy and speak with your insurance company to understand your coverage.
If you have any more unanswered questions, please get in touch with us today.
Lakota R. Denton, P.A. – Asheville Office
36 Orchard St, Asheville, NC 28801