Finding Fault in a North Carolina Car Accident
What Does At-Fault vs. No-Fault Mean?
States' laws around auto accidents determine how personal injury claims are paid. No-fault states allow you and your passengers to recoup damages for loss of income and medical expenses in the event of a covered accident, regardless of who is found at fault. At-fault states only allow you to be reimbursed for damages if you were determined to be the party not at fault in the accident. As an at-fault state, North Carolina car accidents will require determining who is at fault before any claims can be paid.
But there's even more to be aware of when pursuing compensation. North Carolina is one of just three states that deal in contributory negligence-- meaning that a driver whose actions contributed to a collision in any way is unable to receive compensation. Even if you are deemed 1% responsible, you could be ineligible.
North Carolina Car Accidents and Contributory Negligence
Contributory negligence laws make it challenging to claim another driver was at fault for a North Carolina car accident, but it's important to do just that. A knowledgeable attorney will have the resources to help you prove the other driver's negligence, including but not limited to photo or video footage of the accident, witness testimonials, police reports, and medical records and bills for treatment of your injuries. These resources can also prove that the other driver had the last clear opportunity to avoid the crash, which will shift the responsibility for the accident onto them.
Strict time limits also apply to claims for personal injuries resulting from auto accidents. The statute of limitations for most personal injury claims is three years in North Carolina. If you don't file your claim within three years after the date the injuries were caused, you will likely be unable to proceed with your suit.
Whether your injuries were mild or severe, remember that contributory negligence will be a critical factor determining whether you receive compensation for your injuries. Your goal should be to present as much objective evidence as possible during your insurance claim and any litigation that follows.
How The Law Offices of Estwanik & May Can Help
Our team of professionals keeps your case moving forward toward a just resolution. To help us build your case, we may consult with top experts, including medical professionals, accident reconstructionists, and economists. We have the resources and experience to handle even the most challenging cases. If you or a loved one has been injured in an accident due to someone else's negligence, we're here to help. Call for your free consultation today, (704) 817-2004, or (704) 900-2850 for Spanish speakers.