Winston Salem Car Accident Lawyer

Car accidents can be catastrophic. While some people may walk away unscathed, most victims are often left with lifelong medical conditions, expensive medical expenses, or worse, death. When you are injured in a car accident due to the other party’s negligence, contact the skilled Winston Salem car accident lawyer Roderick T. McIver as soon as possible.

Winston Salem car accident lawyer Roderick T. McIver

At McIver Law Firm, we have a strong reputation as exceptional personal injury attorneys and a proven track record to back it. We know that each case is different, so we employ personalized attention and develop strong strategies to ensure we win the maximum settlement for our clients.

Ready to schedule your consultation? Call us at 336-727-9886 or visit our contact page to schedule your 100% free consultation and let our skilled car accident lawyers review your case.

Table of Contents

How Can The McIver Law Firm Help You?

At McIver Law Firm, we go the distance for our clients, ensuring they receive a settlement that reflects their claim’s worth. Our primary goal is to get you the justice and financial compensation you are entitled to. Here is how we can help:

Personal Attention for a Personal Matter

McIver Law Firm has been built on the basis of providing exceptional legal representation with a true personal touch. When you become a client, you receive the direct cell phone number of the lawyer handling your case; not a case manager, not a receptionist, not the main office number, the cell phone number of your lawyer. Very few other firms can make this claim and even fewer actually back it up.

We Protect Your Rights

We know the law and have experience working on complex car accident cases. We will let you know your legal rights and do everything to protect your rights, ensuring the insurance company does not give you a lowball offer.

Related: 9 Reasons to Hire a Car Accident Lawyer

Don’t Pay Unless You Win

With our contingency fee plan, you do not have to pay a single dollar unless we win your case. So, you have much to gain and nothing to lose by letting our car accident attorneys review your case.

We Pursue Maximum Compensation

We pool all our resources into our clients’ cases, formulating strong strategies to ensure we build a strong case to recover maximum damages. Let us combine our experience and resources to pursue maximum compensation in your car accident case.


Schedule a free initial consultation with our injury attorneys. Put our 30+ years of experience to work for you! We handle every case with the personal attention you deserve!

What Should I Do After A Car Accident?

Car accidents are far too common these days. When you get into a car accident, following certain steps to prevent further injury and protect your legal rights is crucial should you choose to file a lawsuit. You should take the following steps after a car accident:

Move Your Vehicle to a Safer Location

If your vehicle is still movable after an accident, move it off the road — ensure you take pictures to preserve evidence before moving the car. Secondary accidents can be worse than the initial ones, so you must move your car to safety if it is blocking traffic. If moving your car is impossible, ensure you move to a safer location.

Check Yourself and Your Passenger(s) for Injuries

Always check the involved parties for injuries after an accident. If anyone is hurt, ensure you call for immediate medical reinforcement. While waiting for medical reinforcement, you can render aid as needed.

Call 911 and Request for Police and an Ambulance to Come to the Scene

If you or the other vehicle’s occupants are hurt, ensure you call 911 and request an ambulance and a police officer to be sent to the accident scene.

Tell Your Side of the Story to the Responding Officer

You must stay at the accident scene until the police arrive to take the report; otherwise, you risk the other party stating that you hit them and fled the scene. When the officer arrives, recount your side of the events leading to the crash in detail. The police will write a detailed report documenting the damages and injuries.

Gather Evidence at the Scene

Get as much evidence as you can from the scene. Use your phone to take clear pictures—both wide-angle and close-ups—and videos of the accident scene, the property damage, your injuries, any debris on the road, and skid marks, if any. If witnesses are at the scene, ensure you get their contact information.

Notify Your Insurance Company

Call your auto insurance company as soon as possible, as most require you to notify them immediately after the accident.

Visit Your Primary Care Physician or Emergency Care

You must get a full medical check-up after a car accident, even if you do not suffer any physical injuries and feel okay. Your body may not register pain immediately, and you may not have any severe physical injuries but possibly have suffered internal injuries. Request the doctor to document your injuries because having a record of your car accident injuries is vital to have a strong injury claim.

Meet with a Car Accident Attorney Near You to Understand Your Legal Options

You should consult a Winston Salem car accident attorney immediately after your accident. Talking to an attorney allows you to learn about your available legal options. At McIver Law Firm, our skilled attorneys advise you on legal matters, create tailored legal strategies, and do everything to get you the maximum possible recovery that will allow you to regain normalcy after your accident.

Related: Read Our Guide to What You Should Do After a Car Accident in Winston Salem here.

How Much Does A Car Accident Lawyer Cost?

There is no standard car accident lawyer cost in Winston Salem or North Carolina as a whole. Generally, the factors surrounding your case and its complexity will influence how much you pay your attorney. At McIver Law Firm, we offer our clients a contingency fee.

Our contingency fee plan allows our clients access to aggressive and caring representation without them having to worry about an upfront attorney cost. We will only charge you our attorney fee after we win your case, if we lose, you do not owe us anything. When you consult our lawyers, you will learn more about our contingency fee plan.

Related: Find out How Much it Costs to Hire a Car Accident Lawyer in Winston Salem.

Why Do I Need A Winston Salem Car Accident Lawyer?

A car accident attorney offers legal advice and guidance on your available legal options while representing you. With the help of our attorneys, you can focus on recuperating while we handle all the legal matters and ensure you receive maximum damages. Our car accident lawyers can also help you in the following ways:

Case Prep

Once we establish you have a case, we will pool our resources into gathering evidence and have our legal team work on personalized strategies to build a strong case. Apart from collecting evidence, we will also compile your medical records, police reports, and a list of witnesses. We will ensure you file your claim promptly, following the proper procedures.

Settlement Negotiation

Without skilled legal representation, the insurance company will likely offer you the lowest settlement possible or even deny your claim. We have years of experience negotiating settlements with insurance companies on behalf of our clients. We are familiar with insurance companies’ tactics but are good negotiators and will not back down until we get a reasonable settlement for our clients.

Trial Prep & Representation

We will go to trial if the insurance company does not offer you a fair settlement. We are experienced trial lawyers with a reputation in and out of court and will prepare you for trial and represent you in court.

When Should I Get A Lawyer For My Auto Accident?

You should consult an auto accident lawyer as soon as possible after your accident. Hiring a lawyer ensures you do not say or do anything that may jeopardize your chance to recover compensation. Your lawyer will also oversee the claims process and handle correspondence with your insurance company or the other party’s, but above all, they will protect your interests and rights.

Related: Learn When You Should Get a Lawyer After a Car Accident in Winston Salem here.

What Is The Average Settlement Amount For A Car Accident In Winston Salem?

Since the circumstances and impact of each car crash differs, Winston Salem has no standard average settlement amount for car accident cases. Your car accident’s case value is often determined by multiple factors, including how the accident happened, applicable state laws, insurance policy limits, and the extent of your injuries and losses suffered. Our skilled personal injury lawyers will review your case and the specific factors surrounding it and help you estimate the settlement you might receive.

At McIver Law Firm, we understand that receiving a settlement cannot solve all of your problems or bring back your loved one. However, the settlement you receive can help you get back on your feet. Put the power of experience in your corner and let our legal team get you the maximum settlement possible.

What Damages Can I Claim After My Car Accident?

People often suffer multiple losses in car accidents, from a wrecked car to life-altering injuries to death. The damages you can claim after your car accident include the following:


Economic damages are often issued to cover all the financial losses you incurred or suffered due to the accident. These include:

  • Medical expenses
  • Lost wages
  • Property damage


Non-economic damages are not calculable and are intended to cover your invaluable losses. Non-economic damages include the following:

  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life

Punitive Damages

Courts do not always award car accident victims punitive damages unless the defendant acted maliciously. Punitive damages are awarded—not to compensate the victim—but to punish the defendant and warn the public to refrain from performing a similar action.

For example, if you are speeding in a school zone when the students are being released from the school, then you hit a child, the court can find you to have acted negligently with disregard to your actions, hence a possible award of punitive damages.

man and woman arguing after a car accident. Winston Salem car accident lawyer concept

How Is Liability Determined In A Car Accident Case?

Proving liability is one of the most crucial parts of your claim after an accident. Listed below are 5 factors that are required when liability is determined in a car accident case:

Duty of Care

You have to show that the defendant had the duty of care to keep you safe. For example, anyone with a driving license owes the duty of care to other road users. So by getting on the road and driving, the defendant is obligated to act responsibly and safely.

Breach of Duty of Care

After proving they owed you the duty of care, you have to prove that the defendant’s negligent actions was a breach of their duty of care. For instance, if the defendant was texting while driving, or was drunk behind the wheel when they hit you, it may be determined that their conduct was a breach of duty to exercise reasonable care on the road.

Injury Suffered

You must prove that the defendant’s negligent actions directly caused the accident, resulting in your injuries. For example, if a driver is texting while driving and they crash into your car, their direct breach of duty is the cause of the accident and the resulting injuries.

Defendant Must Be Able to Foresee Potential Damages Would Occur

In order for a defendant to be held liable, the specific damages that occurred were, or should have been, foreseeable. This is a result of the foreseeability doctrine, where the damages that were incurred must have been a predictable outcome from their actions. If the defendant could not have reasonably expected the damages to occur, they will not be held liable.

Proof the Injury Came From Breach

Defendants will try to argue that you had the injuries before the accident. So always seek immediate medical care after an accident because then you have medical records proving that your injuries were caused by the accident.

Related: Learn more about how negligence is proven in a car accident case.

What If I Was Partially At Fault For The Accident?

Due to North Carolina’s pure contributory negligence laws, you cannot recover damages if you share any fault for the car accident.

For instance, if your signal light is off when you turn right at a signal and a speeding vehicle hits your car, you are both to blame for the accident. While the speeding driver will be faulted for causing the collision, the court finds that you might have avoided the crash by turning your light signal and are, therefore, partially liable for the accident. As a result, you will not be able to recover damages under North Carolina’s contributory negligence rule.

How Long Do I Have To File A Claim?

Car accident claims in North Carolina must be filed within the statute of limitation. You have three years from the day of the accident to file your claim.

You lose your right to sue for or recover damages when you fail to file your claim within the deadline. Let our lawyers take on your case and ensure you file your claim within the time limit while following the proper procedures.

What Happens If Insurance Denies My Claim?

Insurance companies are often reluctant to grant victims settlements and will do everything to find a reason to deny your claim. If insurance denies your claim, our attorneys can help you file an appeal within 30 days of their decision.

Can An Attorney Help Me File My Initial Claim?

Yes, an attorney can help you file your initial claim. The auto accident attorneys at McIver Law Firm have extensive experience working on car accident cases, and we will streamline the process when helping you file your initial claim, making it easier for you to navigate the case. With our legal guidance, you can be sure you will receive the maximum settlement possible without dealing with insufferable insurance companies that do not want to pay damages.

Winston Salem Car Accident Statistics

Most motor vehicle accidents are preventable, yet people die yearly from road traffic crashes. These deaths often cause considerable economic losses to families and individuals. The following is an overview of Winston Salem, NC, car accident statistics (as reported by the NCDOT), with all statistics below coming from this document:

  • In 2021, there were 32 fatal car crashes, with nine involving drunk drivers
  • The NCDOT Annual Crash Facts Report showed that 17.9% of North Carolina crashes in 2020 involved a distracted driver, with alcohol being a factor in 11,475 crashes
  • 23.9% of all fatalities in North Carolina in 2020 were related to speeding

Image is of an infographic 'North Carolina Car Accident Statistics 2022". Know the facts about car accidents and put safety first. Top Contributing Factors to Car Accidents: speeding, distracted driving, alcohol/drug use, inattention, failure to follow traffic rules, negligence. Two out of every ten vehicle accidents will result in injury or fatality. 23.9% of all car accident related fatalities are related to speeding. North Carolina ranks #8 in the country for most vehicle accidents. Call McIver Law Firm

What Are The Most Common Causes Of Auto Accidents In Winston Salem?

Several factors contribute to car accidents in Winston Salem, including the following:

What Are The Most Common Injuries Suffered From Car Accidents?

Car accidents often cause severe injuries. Common injuries car accident victims suffer include the following:

Related: Learn more about the impact of a car crash on the human body.

Why Should You Call McIver Law Firm For Your Auto Accident Case?

At McIver Law Firm, we are well versed in personal injury and criminal defense cases—with 30 years of combined experience—and will take you through the whole legal process, ensuring insurance companies do not frustrate you. Roderick McIver and the team at McIver Law Firm fight to win and will do everything to help you recover maximum damages once we establish you have a valid claim. With us, you are guaranteed to have a legal heavyweight on your side and a better chance to recover the compensation you deserve.

We fight for our client’s rights when their health or financial well-being is pitted against the limitless resources of insurance companies. While no settlement can erase the trauma or pain resulting from a serious car accident, it can help improve your quality of life, allowing you to rebuild your life. We cannot undo the accident, but we will fight to get you a fair settlement so you never have to worry about current and future medical expenses.

auto insurance policy with cash on table

Contact A Winston Salem Car Accident Lawyer You Can Trust, Roderick T. McIver!

Catastrophic car accidents can leave you with life-altering injuries or be fatal. So, you must consult a car accident lawyer immediately after your accident.

Our attorneys at McIver Law Firm have worked on various complex car accident cases, getting our clients desired results. You do not have to face insurance companies and their aggressive lawyers alone. Let us offer you legal representation and get you favorable results.

Get started today and only pay us after we win your case. Call 336-727-9886 or visit our contact page and schedule your free case review.

Personal Injury

Car Accidents