How Is Fault Determined In A Car Accident In North Carolina?

North Carolina follows a fault-based system for resolving car accidents, but how is fault determined in a car accident in North Carolina? Accidents can happen unexpectedly in many different ways, and if you believe another driver is responsible for causing your recent crash, it is crucial to know how you can hold them accountable for your damages and what evidence you will need to establish liability.

How Is Fault Determined In A Car Accident In North Carolina?

Según la North Carolina Department of Transportation’s 2022 Traffic Crash Facts Report, there were 110,554 people injured and 1,784 people killed in traffic accidents throughout the state that year. Some of the leading causes of these accidents include accidentes por conducción distraída, which accounted for more than 17% of all crashes in 2022, and intoxicated driving, which is one of the most commonly prosecuted delitos penales in North Carolina each year.

Most accidents in North Carolina happen because of driver negligence, or failure to exercise reasonable care. Some of the most common examples of this include distracted driving, speeding, and moving violations. For example, running red lights or failure to yield the right-of-way can easily result in damaging collisions such as colisiones por alcance, head-on collisionso incluso un multi-car pileup accident.. Proving negligence in a accidente de tráfico case requires proving the defendant breached a duty of care in a way that resulted in the accident.

Proving fault for a car accident usually requires various forms of evidence, some of which an injured driver will not know how to obtain on their own:

• When available, traffic camera footage may show exactly how an accident happened and help to prove fault. Hire a car accident lawyer who can secure any such video evidence for you.
• Witness testimony is often invaluable for proving fault in car accident cases. If anyone saw your accident happen, your attorney can obtain their statements to support your case. It’s important to hire a car accident lawyer who can gather these witness statements for you to ensure they function as viable evidence for your case.
• If you are physically able to do so after your accident, take photos of the damage to your vehicle, your injuries, and the area around the crash while you wait for first responders to arrive. These photos could prove to be valuable evidence for establishing fault for the accident.
• Your attorney can obtain digital evidence like cell phone records and vehicle computer data to help you prove fault for your accident. For example, a vehicle’s computer could show the speed at which the vehicle was travelling the moments before the collision and prove the other driver was speeding.
• Police reports are some of the most valuable pieces of initial evidence after a car accident. Your attorney can obtain the police report from your accident, which will include the responding officers’ findings at the scene of the crash.
• When a car accident involves complex technical questions, an attorney could coordinate expert witness testimony on their client’s behalf. For example, an accident reconstruction expert could prove exactly how the accident happened and resolve disputes of liability.

Ultimately, every car accident case is unique and may require various forms of evidence for establishing fault. If you want to have the greatest chance of proving fault and ensuring accountability for the at-fault driver, it is crucial to hire a car accident lawyer at your first opportunity.

Some of the evidence you may need to succeed with your case will not be obtainable for long, and witness testimony is most reliable when it is gathered at your earliest convenience after an incident. Christina Rivenbark y Asociados can help you make sense of your legal situation after a car accident in North Carolina, so reach out to our firm at your earliest convenience so we can start building your case.

Preguntas frecuentes

When Should I Hire a Car Accident Lawyer?

You should hire a car accident lawyer right away after your accident. You have limited time to secure the evidence you will need to prove fault, and the right attorney can help you build the strongest possible case against the driver responsible for causing your accident. Hiring legal counsel at your earliest convenience maximizes your chances of success with your auto insurance claim and/or daños personales case against the at-fault driver.

What Happens if I Share Fault for My Recent Car Accident?

If you share fault for your recent car accident, you will not be able to claim compensation from the other driver with a personal injury case due to North Carolina’s contributory negligence rule, and shared fault is also likely to be used against you when filing an auto insurance claim. Consult a North Carolina car accident lawyer right away after your accident if you are worried that you are partially responsible for causing it.

What Are the Penalties for Causing a Car Accident in North Carolina?

Penalties for causing a car accident in Carolina del Norte usually include liability for the resulting damages, but the at-fault driver could face additional consequences based on how they caused the accident. For example, if they caused it due to conducir ebrio or any other illegal misconduct, they can face criminal prosecution and, if convicted, harsher penalties for causing lesiones catastróficas or death.

¿Qué indemnización puedo reclamar por un accidente de tráfico?

The amount of compensation you can claim for a car accident depends on the severity of your injuries. You may be eligible to claim compensation for your gastos médicos, lost wages, vehicle repair costs, and the pain and suffering you experienced. If you want to have the greatest chance of maximizing your compensation, it’s vital to hire a car accident lawyer at your first opportunity after the accident.

En equipo jurídico at Christina Rivenbark & Associates can provide compassionate and results-driven legal counsel when you need it most after a car accident in North Carolina. The first steps you take after any accident are crucial to your recovery, and you will need an attorney’s help to establish liability for your damages. Póngase en contacto con nosotros and schedule a free consultation with our team to learn how we can help you prove fault for your recent car accident.