Can Out-of-State Visitors Sue for Injuries Sustained in North Carolina?

June 29, 2021 | By Riddle & Brantley Accident Injury Lawyers
Can Out-of-State Visitors Sue for Injuries Sustained in North Carolina?

Injury Claims for Out of State Visitors in North Carolina

How do personal injury claims work for those from out of state who are injured in North Carolina? If you’re injured while traveling in North Carolina from out of state, it’s important to consult with an experienced North Carolina personal injury attorney.

To be clear, yes, you can sue if you’ve been injured in North Carolina as an out-of-state visitor.

North Carolina has thousands of out-of-state motorists driving through the state at any given time. Many people travel to the beautiful beaches of North Carolina, the scenic mountains, and the many interesting cities and towns in this great state. Some people may travel through North Carolina to reach other destinations. What happens if you are from another state and traveling in North Carolina and you are injured in an accident?

Liability Laws in North Carolina

Out of State Visitor Injury Lawsuit in North Carolina - Riddle & Brantley (1)

When an accident happens involving an out of state resident it can be confusing for victims to understand what steps to take. Which state laws apply? Liability is always determined under state law. In the case of a car accident, the law of the state where the collision occurred has the controlling lawful authority.

In North Carolina the state traffic and negligence laws determine who is legally responsible to pay for a victim’s claimed losses. The North Carolina law of damages outlines these claims and the amounts that can be awarded for each type of claimed injury and loss.

The losses that can be collected from the at fault motorist and their insurance company may include medical costs, wages lost, and any property damage that occurred. All states have different laws and may vary regarding available types of insurance coverage and the amount of money available under each policy.

North Carolina is an At-Fault State

After an accident, legal fault is determined under the law of the state where the accident occurred. For example, North Carolina is a fault-based insurance state, meaning that injured drivers must seek compensation from the driver/drivers who caused the accident.

It is important to note that the total amount of coverage available from state to state may differ.

Liability Insurance in North Carolina

In North Carolina, the law requires motorists to have liability insurance. The minimum amount of coverage for liability insurance in North Carolina is $30,000 per person for bodily injury liability. Should an out-of-state driver cause an accident and have lower coverage, the policy will automatically be written up to meet North Carolina’s minimum liability insurance requirement.

In cases in which a North Carolina driver is in an accident outside of North Carolina caused by an out-of-state driver, the state where the collision occurred will determine payment responsibility and any legal liability.

Contributory Negligence

If a motorist is in an accident in North Carolina, it is important that the plaintiff show the defendant driver is entirely at fault for the accident. North Carolina is a contributory negligence state. Contributory negligence occurs when the plaintiff has failed to exercise reasonable care for his or her own safety. North Carolina prevents plaintiffs from recovering any damages from any other at-fault party if the plaintiff is even partially responsible for the accident.

Should the accident take place outside of North Carolina, it is important to find out whether the state follows contributory negligence or a different rule, such as that of comparative negligence.

Injured in a North Carolina Accident?

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What should you do if you are involved in an accident? If you have been involved in a car accident in which another party was at fault, it is important to protect your legal rights. Although in certain cases the party responsible may face criminal charges, it is up to the injured party to seek compensation for damages and injuries caused by the accident. In most cases, hiring legal representation can alleviate the stress of a claim while helping you obtain a just settlement.

Whether you’ve been injured as an out-of-state visitor, or as a resident of North Carolina, let Riddle & Brantley’s personal injury lawyers in North Carolina help you get back to the life you are accustomed to living. Let us take the guesswork out of dealing with the insurance company.

For a FREE, no-obligation consultation with an experienced North Carolina personal injury attorney, please call 1-800-525-7111 or complete the fast and easy form below.

At Riddle & Brantley, our attorneys will be glad to talk with you or your loved ones and let you know if we can help. With more than 35 years of service to the people of North Carolina, we have the knowledge and experience to help you after a car accident or other type of accident.

You are not alone, and you don’t have to do this by yourself. The experienced attorneys at Riddle & Brantley are ready to help you and answer any questions you may have. The consultation is always free, and we don’t get paid unless we recover compensation for you.

Justice Counts. Call 1-800-525-7111 and let’s review your claim.