How Is Fault Determined in a Car Accident in North Carolina?
After a car accident, one of the most important questions to be resolved is who is at fault. In North Carolina, the determination of fault in a car accident takes on a critical role in settling an accident claim. The state follows a system called contributory negligence for car accident claims. Under this legal doctrine, if you are found to bear any fault for an accident, you cannot recover any money for your injuries and losses.
When you have been involved in a car crash in North Carolina, you need seasoned legal representation to protect your interests. The knowledgeable legal team at The Law Offices of John Drew Warlick, P.A., will work vigorously to identify who was at fault for the car accident that injured you. Our attorneys will fight attempts by insurance companies to blame you.
For three generations, our attorneys have represented accident victims in Jacksonville and throughout North Carolina. The members of our legal team live and raise their families in Onslow County. We are committed to serving our neighbors and community. When the other driver or the insurance company tries to pin fault for the accident on you, let us stand up for you and help you seek fair and full compensation for your losses.
Contact the Law Offices of John Drew Warlick, P.A., today for a free case evaluation. Learn about how an experienced Jacksonville car accident lawyer can help you pursue just compensation and hold accountable those at fault for your injuries.
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What Are Car Accident Fault Laws in North Carolina?
Car accident claims in North Carolina follow the state’s contributory fault rules. These rules state that an injured person is barred from recovering compensation for a car accident if he or she shares any degree of fault for the accident.
For example, if you are involved in a car accident where the other driver is determined to have been 95 percent at fault for the accident, you cannot recover anything if you bear the remaining 5 percent of the fault for your injuries.
Is North Carolina an At-Fault State?
North Carolina is considered an at-fault state. That means that if you are injured or suffer expenses or losses due to a car accident, you may seek compensation and reimbursement from the driver or party at fault for the crash.
In an at-fault system, you may pursue a claim for financial recovery from the party or parties responsible for the car accident and their insurance providers. In certain situations, you may file a claim against your own uninsured/underinsured motorist insurance coverage if the at-fault driver doesn’t have insurance or doesn’t have sufficient coverage to fully compensate you for your losses.
You may also choose to file a claim with your own insurer if you have purchased optional coverages, such as medical payments coverage or collision/comprehensive coverage.
How Is Fault for a Car Accident Determined?
The fault for a car accident is determined by reviewing all the available evidence from the crash to try to piece together what happened in the accident and identify who may have caused the crash. The evidence commonly used in car accident claim investigations include:
- Police accident reports
- Accident scene photos or video documenting details of the scene
- Eyewitness testimony
- Information from the electronic data recorders equipped to any vehicles in the crash. EDRs, which function like an airplane’s “black box,” record aspects of a vehicle’s performance, including speed, engine operation, and driver inputs
- Footage from surveillance cameras, traffic cameras, or dashcams
- Vehicle damage inspection reports and repair records
- Medical records from the treatment of injuries sustained in the crash
In many car accident cases, injured parties and their attorneys will hire accident reconstruction specialists to review the evidence from the accident and offer a reasoned opinion as to how the accident occurred and who caused the crash.
How Do Insurance Companies Determine Who’s At Fault?
Most car accident claims are resolved through negotiations between your insurance company and the insurance company for the other driver or drivers involved in the crash. As a result, how insurance companies determine fault for a car accident will have a significant impact on the amount of compensation you receive or whether the insurance company pays anything on your claim.
After an insurance company receives notice of a claim arising from a car accident, the insurer will assign an adjuster to the case. The adjuster will conduct their own independent investigation of the crash to determine fault. They will obtain documents related to the accident, visit the crash scene, if necessary, and obtain statements from the drivers and other relevant witnesses. The adjuster will rely on their training and experience in investigating car accident claims to come to a determination of fault for the crash.
If the adjuster determines that you have some share of fault for the accident, the insurance company will deny your claim based on North Carolina’s contributory fault laws. Of course, the insurance company has an interest in finding any reason to assign some of the blame for your injuries to you so they can avoid having to pay you any compensation. That’s why it is critical to have skilled legal representation on your side to negotiate with the insurance representatives on your behalf and present evidence to support your claim for compensation. Having an experienced lawyer on your side shows that you are serious about being taken seriously and treated fairly. Insurance companies are more likely to offer a fair settlement if they recognize they may be sued otherwise.
Talk to a Car Wreck Attorney Today
If you have been injured in a car accident in North Carolina and you believe another driver was at fault, contact The Law Offices of John Drew Warlick, P.A. for a free, no-obligation consultation. Discuss your legal rights and options for pursuing compensation with a knowledgeable and compassionate attorney who can help you determine your best path forward. Call us or get in touch with us online today.
