Learn the Law

Injured in a Car Accident in North Carolina or South Carolina? What You Should Know

A car accident can leave you dealing with medical bills, lost income, vehicle damage, and uncertainty about what happens next. Understanding your legal rights early can make an important difference.

North Carolina and South Carolina have different rules governing personal injury claims.

North Carolina follows the doctrine of contributory negligence. In many negligence cases, if an injured person is found to have contributed to the accident through their own negligence, that may prevent recovery. Certain exceptions may apply.

South Carolina follows a modified comparative negligence system. An injured person may generally recover damages if their percentage of fault is not greater than the defendant’s. Any recovery is reduced by the injured person’s percentage of fault.

Both states generally have a three-year statute of limitations for personal injury claims, although exceptions may apply.

After an accident, preserve photographs, witness information, medical records, and insurance correspondence. Avoid assuming that an insurance company’s initial assessment determines the value or merits of your claim.

Trucking Accidents: Why These Cases Are Different From Ordinary Car Accidents

Accidents involving commercial trucks can result in catastrophic injuries, significant property damage, and complicated legal claims.

Unlike ordinary automobile accidents, trucking cases may involve multiple potentially responsible parties, including the truck driver, trucking company, vehicle owner, maintenance provider, or other entities.

Federal trucking regulations can also play an important role. The Federal Motor Carrier Safety Administration (FMCSA) establishes safety requirements, including hours-of-service regulations designed to limit driving time and require adequate rest.

Important evidence in a trucking accident may include:

• Driver logs and electronic logging device (ELD) records.
• Vehicle inspection and maintenance records.
• Dashcam and onboard camera footage.
• Black box or electronic control module data.
• Driver qualification and employment records.
• Accident scene photographs and witness statements.

Some of this evidence may be lost or overwritten if it is not preserved promptly.

Whether an accident occurs in North Carolina or South Carolina, identifying all potentially responsible parties and preserving critical evidence can be essential to evaluating a claim.

Motorcycle Accidents: Understanding Your Legal Rights in North Carolina and South Carolina

Motorcycle accidents often result in serious injuries because riders have significantly less physical protection than occupants of passenger vehicles.

Common causes include distracted driving, unsafe lane changes, failure to yield, speeding, and drivers failing to recognize motorcycles on the road.

One important consideration is that North Carolina and South Carolina apply different negligence standards.

North Carolina generally follows contributory negligence, which can prevent an injured person from recovering damages if their own negligence contributed to the accident, subject to certain exceptions.

South Carolina follows modified comparative negligence. An injured rider may generally recover damages if their fault does not exceed 50%, with damages reduced according to their percentage of fault.

North Carolina also requires motorcycle operators and passengers to wear helmets meeting applicable federal safety standards under N.C. Gen. Stat. § 20-140.4. Importantly, that statute specifically provides that a violation is not negligence per se or contributory negligence per se in a civil action.

Following an accident, photographs, witness statements, medical documentation, and accident reports can be important evidence.

Do You Have a Will? Why Estate Planning Matters in North Carolina and South Carolina

A will allows you to express your wishes regarding how your property should be distributed after your death. It can also allow you to nominate an executor to handle your estate and, where appropriate, nominate a guardian for minor children.

North Carolina and South Carolina both impose specific requirements for executing a valid written will.

In North Carolina, an attested written will generally must be signed by the person making the will and witnessed by at least two competent witnesses under N.C. Gen. Stat. § 31-3.3.

Similarly, South Carolina generally requires a written will signed by the person making the will and witnessed by at least two individuals under S.C. Code § 62-2-502.

Simply writing down your wishes or signing a document does not necessarily create a valid will.

Estate planning can also involve powers of attorney, healthcare directives, and other documents designed to address financial and medical decisions during your lifetime.