For employees who have a job with a typical Monday to Friday work week, commuting is a regular occurrence. Many people try to settle down and find a home relatively close to their workplace, but long drives can sometimes be unavoidable. According to data collected in 2022 by the North Carolina Department of Commerce, the average commute time for workers in the state is 25.1 minutes. Each additional minute spent on the road to or from work increases your likelihood of a car accident.
But what happens if you’re in an accident on the way to work one day? Is it different from a typical car accident? Who pays for the damages, and what should your next steps be? Let’s take a closer look at the answers to these questions and more.
First, you may have heard of the so-called “going and coming” rule as it applies to the Workers’ Compensation Act. This set of laws protects workers while on the job or, in some cases, on the road. But the law clarifies that traveling to and from work does not fall under the protection of the Workers’ Compensation Act. Unless you were out on company business or traveling between multiple company locations, any damage sustained on your commute is not compensable by your employer.
After a car accident, you’ll want to follow the normal procedure. Begin by contacting your place of employment and filling them in on the details, in case you won’t be able to make it to work. North Carolina is a fault state, meaning that the insurance payments are covered by the at-fault party. Since commutes are not covered by workers’ compensation, you should avoid accepting the blame and admitting guilt on-site.
Report the accident immediately afterward, and contact an attorney to help guide you through the process. You’ll need to do several things in order to build a solid case and establish the order of events leading up to the incident:
- Write down everything you can remember before your memory begins to fade.
- Take photos of the scene, including wide-angle and close-up.
- Gather witness statements from bystanders that may shed light on the accident.
A good lawyer is invaluable after a car wreck. Not only can they make sure you complete every step of the process, but they can make sure you get the compensation you deserve. Here at Wayne Hardee Law, our team of attorneys is ready and willing to help. If you can’t come to us, we’ll go to you. Get in touch with us today to experience the Wayne Hardee difference!
