Is North Carolina a No-Fault State for Auto Accidents? 2024

Car accidents happen every day throughout the state, and anyone who experiences a car accident is likely to face many pressing legal issues in the aftermath. One of the most important issues to resolve after an accident is fault. It is vital to prove liability for your recent car accident before recovering any type of compensation for your damages in the state. While some states uphold no-fault rules that require drivers to use their own insurance to pay for damages regardless of how an accident happens, this does not apply in North Carolina.

Proving fault is an essential first step in your recovery from a car accident, and an experienced attorney is an invaluable asset in this situation. Your recovery is likely to begin with an auto insurance claim against the at-fault driver, and if your insurance settlement does not fully cover your losses, you will need to proceed with a personal injury claim against them. For both of these legal matters, proving fault is crucial to your success.

An experienced attorney is a helpful asset for every stage of your recovery process after an accident, especially when it comes to proving fault. The right attorney can help firmly establish liability for your accident, guide you through the insurance claim process, and help build a compelling personal injury claim against the at-fault driver if necessary for your recovery.

Determining Liability for a Car Accident

Most of the car accidents reported each year result from negligence, or failure to exercise reasonable care in a given situation. A few of the most common types of negligence that cause car accidents include distracted driving, speeding, and moving violations. Your car accident attorney can help obtain the evidence you will need to prove that another driver violated their duty of care to drive responsibly so you can hold them accountable for the damages they inflicted.

Alternatively, it is possible for illegal misconduct behind the wheel to cause a serious accident. Driving under the influence (DUI) of alcohol or drugs is the most common example of this, and it is also possible for reckless driving or aggressive driving to cause catastrophic accidents. Whenever a driver causes an accident in this manner, proving fault is more straightforward for the injured driver. The at-fault driver will face criminal charges from the state along with civil liability for the victim’s damages.

Proving fault can be more challenging in some car accident cases than others, and it is also possible for fault to be disputed. If you intend to pursue any type of compensation from another motorist in response to your recent accident, you must understand that if you bear any partial fault for the accident, this will negate your ability to seek compensation from the other driver. Ultimately, any car accident case can raise complex questions of liability, and legal counsel you can trust will be invaluable no matter what your recovery efforts may involve. Seek legal counsel you can trust as soon as possible after your accident to have the greatest chance of maximizing your recovery.

FAQs About North Carolina being a No-Fault State for Auto Accidents

How Do You Prove Fault for an Accident?

Proving fault for your recent car accident could require several types of evidence. You may need physical evidence from the scene of the crash, digital evidence such as vehicle computer data and cell phone records, traffic camera footage, and testimony from eyewitnesses. If liability is disputed, your attorney might try to arrange expert witness testimony on your behalf to clarify the complex details of how your accident happened and help you firmly establish fault for your damages.

Can I Still Claim Compensation if I’m Partially at Fault for an Accident?

No, if you bear any partial liability for your recent accident, you cannot claim compensation from the other driver. North Carolina enforces the contributory negligence rule, so any fault on the part of the plaintiff completely negates their ability to seek compensation from the defendant. If you have any concerns about bearing partial liability for your recent accident, you need to consult an attorney as soon as possible.

Will My Insurance Premium Increase After a Car Accident That Was Not My Fault?

Auto insurance carriers base their premium rates on their policyholder’s level of risk. When a driver causes an accident, it increases the perception of risk from their insurance carrier and may lead to them paying higher insurance premiums. However, if you did not cause your recent car accident, your insurance company is unlikely to increase your premium rate. Review the terms of your insurance policy to check for the situations that would cause your premium rate to increase.

Will the Other Driver Go to Jail for Causing My Accident?

An at-fault driver will face full liability for the damages they inflicted in the accident they caused, but they will only face criminal prosecution if they were excessively negligent or caused the accident through any illegal misconduct. For example, if they were driving under the influence (DUI) of drugs or alcohol, they will face criminal charges, and their penalties for conviction are likely to increase if they caused serious bodily harm or death in an accident.

What Does It Cost to Hire a Car Accident Attorney?

Christina Rivenbark & Associates offers legal representation on a contingency fee basis in the state. This means that when you choose our firm to represent you in a car accident claim, we will only collect a fee if we win compensation on your behalf. Additionally, this fee will be a percentage of the total compensation we secure from the defendant, and you pay nothing if we cannot secure a settlement on your behalf for any reason.

Christina Rivenbark & Associates routinely represents victims of car accidents throughout the state, and we have successfully secured many substantial case awards for past clients. We excel at handling challenging cases, and we are ready to put our resources and experience to work for you in your recovery efforts. Contact us today to schedule a free consultation with a car accident attorney you can trust.