North Carolina Sudden Stop Accidents Attorney
Drivers who suddenly stop in front of another vehicle present a serious risk of a collision. All drivers owe others a duty to use reasonable care and avoid causing foreseeable harm. By stopping suddenly, drivers are not giving appropriate signals and warnings to anyone who is following them. This type of careless driving behavior is a common cause of car accidents throughout North Carolina. While determining fault for a sudden stop accident may appear straightforward, it is important to identify any potential driving errors by all parties, as well as any other accident causes. At Nagle & Associates, Raleigh car accident lawyer Carl Nagle only represents victims of serious motor vehicle collisions, and he is passionate about recovering fair compensation. As a former insurance claims adjuster and insurance defense attorney, Mr. Nagle has an inside understanding of the auto insurance industry. Our staff has successfully helped people throughout North Carolina, including in Asheville, Winston-Salem, and Wilmington. We take pride in having recovered hundreds of millions of dollars in settlements and verdicts.
Seek Damages from a Negligent Driver for a Sudden Stop Accident
Drivers may suddenly stop for a number of reasons, such as traffic congestion, a pedestrian suddenly crossing the road, or an emergency. All drivers are required to leave a safe following distance, which depends on weather and traffic conditions. In other words, using reasonable care while driving includes adjusting your behavior to the circumstances.
Determining liability, or legal fault, for sudden stop accidents may be challenging because it depends on a careful examination of the circumstances surrounding the collision. When a driver is negligent, and this causes a sudden stop accident, an injured victim may seek compensation. As a plaintiff in a personal injury claim, they would bear the burden of showing that the driver owed a duty of care and breached this duty, and this breach directly caused their damages. If they could establish the negligence of the other driver, the plaintiff would recover damages.
Often, in sudden stop accidents, one driver is following another vehicle and rear-ends the first vehicle when it stops suddenly. Again, to determine liability, there must be a careful examination of each driver’s conduct. For example, if the lead driver knew that their vehicle had failed brake lights but neglected to repair them, this may be deemed negligent conduct that contributed to the collision. Other examples of failing to use reasonable care while driving include stopping suddenly when a tire goes flat, instead of pulling to the side of the road or turning on hazard lights.
Victims may be able to recover compensation in the forms of medical costs, property damage to their vehicle, lost wages from work, and other types of damages. Following a car crash, victims may also secure tax-free compensation for their emotional pain and suffering. Relying on professionals, such as doctors, accident reconstruction experts, and therapists, may be important in order to prove the full extent of damages.
One potential challenge for victims in a sudden stop accident involves overcoming the defense of contributory negligence. Frankly, this is a successful defense in most sudden stop accidents. If a driver ahead slows immediately, they can later argue that the driver behind them should have maintained a safe distance such that, even in a panic stop situation, they would be able to notice the driver in front applying brakes and then still have time and distance to slow safely and avoid a collision. North Carolina maintains that when a plaintiff’s negligence has partly caused their own injuries, they are prevented from recovering compensation. If the driver who strikes the car in front of them is found to be slightly at fault, even just 1% to blame, they cannot collect from the driver who stopped suddenly directly in their path. Defendants who are struck from behind may assert, for example, that the plaintiff had been speeding behind them or following too closely, and this negligent conduct made it impossible for the plaintiff to adequately stop in time to avoid the collision. If the plaintiff is found to have contributed to their own injuries, they will be denied compensation under NC law.
Contact a Dedicated Car Accident Lawyer in the Raleigh Area
At Nagle & Associates, we handle a wide range of car accident cases, representing victims as well as families who have lost a loved one due to the negligence of other drivers. We understand the insurance claim process as well as the inside mechanics of insurance companies. It is our goal to advocate for compensation that allows victims to focus on their recovery with as much financial security as possible. Providing the personal attention and support that you need, Raleigh car accident attorney Carl Nagle assists people in Raleigh, Asheville, Wilmington, Winston-Salem, Hickory, Charlotte, Greensboro, and other cities throughout Guilford, Brunswick, Mecklenburg, Forsyth, Durham, Catawba, and Cumberland Counties. Complete our online form or call us at (800) 411-1583 to set up a free consultation with a motor vehicle collision attorney.