When you’re involved in a car accident with a fixed object—like a guardrail, utility pole, tree, or building—the first assumption most people make is that the driver must be at fault.
But collisions with fixed objects are often much more complicated than they appear. In many cases, outside factors such as dangerous road conditions, mechanical failures, or the actions of other drivers play a critical role in why the accident occurred.
If you’ve been hurt in a single-vehicle crash in Charlotte, it’s important to understand that you may still have a valid personal injury claim. In this guide, we’ll walk through how North Carolina law applies to these accidents, why early investigation is so important, what compensation may be available, and how a Charlotte car accident lawyer can help protect your rights and pursue the recovery you deserve.
Why Fixed Object Collision Cases Matter in North Carolina
Single-vehicle crashes involving fixed objects are surprisingly common—and often serious. These accidents can cause severe injuries such as concussions, spinal damage, broken bones, and internal trauma. Yet because no second vehicle is involved, victims sometimes assume there’s nothing they can do about their injuries and damages.
In reality, many fixed-object accidents are not solely the fault of the driver. You may have swerved to avoid a reckless driver who cut you off. There could have been a large pothole, road debris, missing guardrails, poor lighting, faulty traffic signals, or even a vehicle defect like brake failure or a tire blowout that contributed to the crash.
North Carolina law recognizes that other parties—such as government agencies responsible for road maintenance, construction companies, or vehicle manufacturers—may bear legal responsibility if their negligence contributed to your collision. Even if the other driver who caused you to swerve didn’t make direct contact with your car, they can still be held liable if their actions set the crash in motion.
Because North Carolina follows a pure contributory negligence rule, establishing exactly what caused your crash—and showing that you were not even 1% at fault—is critical to recovering compensation.
Why You Need a Lawyer After a Fixed Object Accident
Fixed object accidents can be some of the most misunderstood and unfairly judged cases. Insurance companies often rush to label these accidents as the driver’s fault and close the claim quickly. Without a thorough investigation, critical factors that contributed to the crash may be overlooked or ignored.
An experienced personal injury lawyer knows how to dig deeper and build a full picture of what happened. This can include:
- Investigating road conditions for defects, poor signage, or missing safety features
- Reviewing surveillance footage from nearby businesses or traffic cameras
- Inspecting the vehicle for mechanical failures, such as faulty brakes or steering systems
- Identifying potential hit-and-run drivers who caused you to swerve off the road
- Consulting accident reconstruction experts to determine the true sequence of events
Because key evidence—like skid marks, debris, damaged signage, or mechanical issues—can disappear quickly, acting quickly after a fixed object collision is critical. A lawyer can take immediate steps to preserve evidence and prevent insurers from unfairly blaming you for something that wasn’t your fault.
Understanding Liability in North Carolina Fixed Object Collisions
In a fixed object crash, liability may lie with a number of different parties depending on the circumstances. Some examples include:
- Another Driver: If another driver’s reckless actions caused you to swerve and crash, they may be liable—even if they didn’t hit you directly.
- Government Entities: Cities, counties, or the state may be responsible if poor road maintenance, missing signage, faulty traffic signals, or dangerous construction zones contributed to the crash.
- Construction Companies: If construction debris, unmarked hazards, or improper road work led to unsafe conditions, the company responsible for the site may be liable.
- Vehicle Manufacturers: If a mechanical failure—like brake failure, tire blowout, or steering malfunction—caused the crash, the manufacturer of the defective part could be held accountable.
Because North Carolina’s contributory negligence standard is so strict, it’s important to show that one or more third parties created or contributed to the dangerous conditions that caused your accident, and that you did not contribute to the crash.
Why Establishing Fault Early Is Essential
In fixed object accidents, the clock starts ticking the moment the crash happens. Skid marks fade, debris gets cleaned up, road hazards get repaired, and surveillance footage is often erased after a few days or weeks. If you wait too long to start investigating, critical evidence can be lost—and that can make it much harder to prove your case.
Trucking companies, manufacturers, government agencies, and other responsible parties may act quickly to fix hazards or shield themselves from liability. Without legal intervention, important information may never come to light.
Establishing fault early helps:
- Preserve key evidence before it disappears
- Document unsafe road conditions or vehicle defects
- Strengthen your negotiating position with insurance companies
- Prevent insurers from blaming you for the crash
- Identify all potential parties who may be responsible
When you act quickly, you give yourself the best chance of proving that someone else’s negligence—not your own mistake—caused the crash.
What Compensation Is Available After a Fixed Object Collision
Victims of fixed object accidents may be entitled to compensation for both economic and non-economic losses. Depending on the severity of your injuries and the facts of your case, you may be able to recover:
- Medical expenses for emergency care, hospital stays, surgeries, therapy, and future treatments
- Lost wages from time missed at work
- Loss of future earning capacity if your injuries prevent you from returning to your previous job
- Pain and suffering, including physical pain, emotional distress, and diminished enjoyment of life
- Property damage to your vehicle and personal belongings
- Punitive damages in cases of particularly reckless behavior, such as deliberate road hazard neglect
An experienced lawyer will work to calculate the full extent of your losses—not just your current medical bills, but your long-term needs and non-economic damages as well.
The Direct Impact of Shared Fault on Compensation
Under North Carolina law, pure contributory negligence means that if you are even 1% at fault for your accident, you may be completely barred from recovering any compensation.
Insurance companies know this and often look for ways to argue that you contributed to your own crash. They may claim that you were speeding, distracted, fatigued, or not driving appropriately for the conditions—even when the real cause of the accident was someone else’s negligence.
That’s why thorough documentation, immediate investigation, and strong legal advocacy are so important. The goal is to show clearly that the crash was caused by external factors outside your control—and that you deserve full compensation for your injuries and losses.
Key Steps to Take After a Fixed Object Accident
If you are involved in a collision with a fixed object, the steps you take right after the crash can make a major difference in the success of your case:
- Seek medical attention immediately. Even if you feel okay, injuries like internal bleeding or concussions can be hidden at first.
- Document the accident scene. Take photos of your vehicle, the object you struck, surrounding conditions, skid marks, road defects, signs, lighting conditions, and anything unusual in the area.
- Contact the police and obtain a detailed accident report. Be sure to mention if you swerved to avoid another vehicle or if you noticed hazards that contributed to the crash.
- Avoid discussing fault with the insurance company before speaking with an attorney. Insurers may attempt to use your statements against you.
- Speak with an experienced personal injury attorney as soon as possible to protect your rights, preserve evidence, and begin building your case.
Contact Auger & Auger for Legal Guidance After a Fixed Object Collision
If you’ve been hurt in a fixed object crash in Charlotte, don’t assume the accident was automatically your fault. Dangerous roads, reckless drivers, vehicle defects, and other hazards can all play a role—and you deserve a thorough investigation into what really happened.
At Auger & Auger Accident and Injury Lawyers, we have over 30 years of experience helping accident victims across North Carolina recover the compensation they deserve.
We know how to dig deeper, challenge unfair assumptions, and build strong cases even when the crash report looks one-sided. And with our Zero Fee Guarantee, you won’t owe anything unless we recover money for you.
If something about your accident doesn’t sit right, call us today or visit augerlaw.com to schedule your free, no-obligation consultation. Let’s take the time to look at the full picture—and fight for the recovery you need.
