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Negligent Drivers


Charlotte automobile accidents are generally litigated using the law of negligence. A person may be required to pay damages if his or her negligence caused a car accident. Generally, people who operate automobiles on North Carolina's highways are required to exercise “reasonable care.” Failure to use reasonable care is the basis for awarding damages in most Charlotte car accident cases. Courts consider a number of factors when determining whether a driver was negligent in causing an automobile accident. Generally, failing to yield the right of way, driver inattention, driving under the influence of drugs or alcohol, and speeding are the most common forms of negligence in Charlotte motor vehicle crashes. Each is discussed briefly below.

Failing to Yield

Failing to yield the right of way to other drivers and pedestrians causes a significant percentage of North Carolina's traffic accidents each year. Negligent drivers often fail to yield to other drivers and pedestrians at intersections or to emergency vehicles, creating a risk of harm to other drivers on the road. If you have been injured in a Charlotte auto accident that was caused by another driver's failure to yield, you need an experienced Charlotte car accident attorney on your side. Call the Charlotte auto accident attorneys at Auger & Auger Law Firm at 1-800-977-7396 to discuss your case.

Inattention

Many Charlotte car crashes occur because a driver is distracted. Fatigue, talking on a cell phone or to passengers in the vehicle, text messaging, changing the radio station, or tending to children in the back seat can cause drivers to become distracted. According to a recent study by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTII), driver distraction contributes to 80 percent of all automobile accidents. In fact, inattention resulted in so many accidents, that the legislature passed a law in 2006 that prohibits any drivers under the age of 18 from using a cell phone while driving. If an distracted driver caused your injuries, you may be entitled to compensation.

Driving Under the Influence of Drugs or Alcohol (DUI)

Driving under the influence of drugs or alcohol is responsible for scores of traffic fatalities and injuries each year. According to NHTSA statistics, alcohol-related crashes were responsible for 12,998 deaths and half a million injuries in 2007 alone. In North Carolina, almost 500 deaths were caused solely by drivers who were under the influence of drugs or alcohol in 2006.

The Charlotte car accident attorneys at Auger & Auger Law Firm will aggressively pursue claims against drivers who injure or kill innocent motorists after drinking and getting behind the wheel. If you have been injured in a Charlotte auto accident caused by a drunk driver, you may be able to sue the driver under the legal theory of negligence. Our firm will also investigate potential claims against the bars, nightclubs, restaurants, and social hosts who served alcohol to the drunk driver before he or she got on the road. Many drunk drivers may have either no insurance or too little insurance coverage, with which to pay damages for your injuries. In these cases, the Charlotte auto accident experts at Auger & Auger Law Firm may be able to pursue recovery from the person or entity that provided the alcoholic beverages to the drunk driver. Businesses or social hosts who serve alcoholic beverages may be liable under North Carolina law for damages resulting from serving too much alcohol to patrons or guests. If you or a loved one has been injured in a Charlotte automobile accident that was caused by a drunk driver, contact the experienced Charlotte car accident attorneys at Auger & Auger Law Firm. We will investigate all potentially liable parties to get you the compensation you deserve.

Driving at Unsafe Speeds

Speeding is one of the most prevalent factors contributing to traffic accidents in the United States and North Carolina. Driving at unsafe speeds was the primary cause of car accidents in a significant portion of North Carolina car crashes. At Auger & Auger Law Firm, our Charlotte car accident attorneys use every means available to prove negligence on the part of a speeding driver in order to obtain the highest monetary reward for our clients. Under North Carolina law, all motorists are required to drive at a careful and prudent speed that is reasonable under the circumstances.

Any speed in excess of the following speeds is evidence of unreasonable driving in North Carolina:

  • 35 mph in cities and towns

  • 55 mph outside cities and towns

  • 70 mph on interstate highways

Note that the speed limit may be lower in school or construction zones. Therefore, you should always be aware of and obey the posted speed limit. Speeding reduces a driver’s ability to maneuver safely around curves or avoid objects in the roadway, extends the distance necessary to bring a vehicle to a complete stop, and increases the distance a vehicle travels while the driver is reacting to a dangerous situation. If you have been injured by a speeding driver, contact the Charlotte auto accident lawyers at Auger & Auger Law Firm at 1-800-977-7396 to explore your legal options.