How Is Fault Determined in a Car Accident in North Carolina?

Automobile accidents are painful and riddled with fault issues. Knowing how fault is determined in a car accident in North Carolina is important to anyone looking to recover damages. North Carolina is very strict on the contributory negligence exception, which might affect how much victims get paid.

If you are a North Carolina driver in Burke County, Catawba County, Caldwell County, or surrounding areas, it is important to know what factors are used to establish fault, the evidence needed, and how contributory negligence affects car accident claims in the state.

Contributory Negligence in North Carolina: What It Means

North Carolina follows the contributory negligence rule. This law allows someone to be excluded from claiming compensation if they were only partially liable for the accident. This criterion also makes determining fault an especially essential aspect of any vehicle accident claim, as even minor negligence on the part of the injured individual could result in a loss of damages.

How Fault Is Determined in North Carolina Car Accident

In North Carolina, establishing fault in a car accident involves examining evidence, reconstructing the accident scene, and analyzing the behavior of each driver involved. Here’s a breakdown of the main factors considered:

1. Police reports. When you’re the victim of an accident, police reports are one of the most critical pieces of evidence. Policing officers investigate, interview witnesses, and take note of what they see. They may write down any traffic tickets or ostensible carelessness, such as speeding or distracted driving, and perhaps add their own verdict on the responsible party. Police reports aren’t final proof of liability, but they can be powerful evidence in insurance claims and litigation.
2. Witness statements. Witnesses’ accounts of what transpired or other drivers who were on the road can be very helpful. Some details observed by others might have been missed by the drivers, like one vehicle running a red light or a driver texting. Remember to get witness testimony as soon as possible because memories can fade away.
3. Traffic codes and charges. North Carolina driving laws are part of determining guilt. Failure to yield, speeding, or following too closely are examples of negligence. If one driver was a violator of traffic rules at the time of the collision, then this often means that you were responsible, and it can support the injured party’s claim.
4. Accident scene and physical evidence. Even the accident site itself provides crucial information about what occurred. We can reconstruct physical testimony of what happened before the collision. Those pieces of evidence are often scrutinized by an accident reconstructionist who uses them to make a better guess as to who was at fault.
5. Video footage. You might also see the accident on roadside cameras or other security systems in most communities. This video evidence can be invaluable in trying to find the culprit, as you don’t get the subjective explanation of what happened. And drivers might even have the dashcam footage of what happened before the crash which can be powerful evidence.

The Role of Insurance Companies in Determining Fault

Insurance companies are heavily involved in determining who’s responsible after a car crash. Once a claim is made, adjusters check all the documentation, including the police report, the testimony of witnesses, and video footage. Claims adjusters might speak to drivers and other witnesses to create a story about the accident. Insurance companies in North Carolina are subject to the contributory negligence doctrine as well, and they’re meticulous about evaluating who was responsible for the accident.

If the adjuster determines that the victim is somehow partially at fault, then the insurance company might deny the claim. An attorney can bolster your claim by advising you on how to collect evidence and work with insurers to show the other person’s fault.

Why Establishing Fault Accurately Matters

Due to North Carolina’s contributory negligence law, the rightful at-fault party must be determined for an accident victim to seek compensation. North Carolina’s strict rules for partial damages keep victims from being awarded any compensation if they are at fault.

This is very different from states that have comparative negligence laws, where victims are compensated according to how much they are not at fault. With the right lawyer, your case can be handled in a way that eliminates any fault on your part.

FAQs

Can I Recover Damages if Both Drivers Are Partially at Fault?

If you are deemed contributory negligent, you cannot recover damages in North Carolina. This is a rigid rule, and in most cases, you’ll need pretty good evidence to show the other person was completely at fault. If you call an attorney, you can defend your claim for compensation by looking over all the documentation and disputing any accusations of joint negligence.

How Important Is It to Collect Evidence at the Accident Scene?

Evidence at the accident site is very important as it gives you instant details that can help in your case. Images, eyewitnesses, notes about traffic, or something help too. The fault determination might be affected by even trivial factors such as the timing of a traffic signal. That’s especially important to show in North Carolina, where contributory negligence prevents compensation if you’re found at fault even partially.

Will the Police Report Determine Fault for My Accident Claim?

While a police report doesn’t officially determine legal fault, it is highly influential. Police reports often include observations on potential traffic violations or negligence and are heavily considered by insurance companies and courts. It’s wise to review the report with an attorney to understand its impact and address any inaccuracies that may affect your claim.

How Does Fault Affect Insurance Claims in North Carolina?

Insurance companies in North Carolina carefully assess fault, especially under the contributory negligence rule. If the adjuster finds you partially at fault, they may deny your claim. Having legal representation can help present your case accurately, challenge any findings of shared fault, and maximize your chance for fair compensation.

Contact Law Office of Lyndon R. Helton, PLLC

If you were involved in a car accident in North Carolina, knowing what goes into determining fault is essential to your claim. With the strict rules of contributory negligence, there is simply no margin for error. Law Office of Lyndon R. Helton, PLLC, can walk you through these pitfalls, gather evidence, and present a case for you. Contact us today for a consultation, and let’s fight for you and fight for the compensation you deserve.