Injustices in North Carolina Auto Accident Cases: They Happen, And with A Disturbing Frequency

December 20, 2012, by Michael A. DeMayo

As a recent North Carolina auto accident victim — or the friend or loved one of someone who was harmed in a calamity — you hold a fundamental belief that “the truth will prevail.”

Perhaps someone carelessly rear-ended you at a stop light and gave you horrific neck soreness and possibly a concussion. Clearly, the negligent driver should be liable for your injuries and should be compelled to offer compensation. In an ideal world, if life were fair, the compensation should fit the accident.

But funny things can happen.

For instance:

•    The driver may be uninsured or underinsured – and may be penurious on top of that. So he or she may lack funds to pay for extensive medical bills and long-term damages. In that case, you may be forced to pay out of pocket for your costs, even though the accident wasn’t your fault at all;
•    Quirks in your insurance coverage or in the other person’s insurance coverage — or both! — may conspire to reduce your benefits and/or fight incredibly hard to get due compensation.
•    The other driver may put forth a competing, false narrative about the accident. This kind of trickery can not only end your quest to collect your compensation, but also unjustly put you on the line to compensate him (or her) for damages.

Unfair case resolutions happen far too often.

It’s not that our justice system is intrinsically flawed. Rather, the science of North Carolina auto accident forensics is a complicated and young science. The subtle, indirect, vitally important elements of certain car accident cases are often devilishly hard to surface… and even more challenging to prove in court.

Implications for you as a potential plaintiff

There is no one-size-fits-all recipe to ensure fair case outcomes. If only there were! But there are certain principles you can leverage to reduce the risk of unfairness.

For instance:

•    Avoid waiting too long before contacting a good car accident law firm.
•    Collect a lot of information about the accident, including verbatim witness statements, photographic evidence, police reports, et cetera.
•    Meticulously document everything associated with the accident.

Car accidents are idiosyncratic, and the success or failure of your claim will hinge on the intimate details. But car accident cases also have a lot in common with one another, so a law firm that consistently succeeds in cases similar to yours can make a difference. Let the DeMayo Law team help you maximize your chances for a fair outcome. Connect with us today.