Unlike most other states, which have a no-fault system in place, North Carolina is an at-fault state when it comes to car accident claims. Therefore, drivers who are responsible for a car accident are expected to pay damages to any passenger, driver, or property owner who sustained injuries from the crash.
North Carolina, along with a few other states, still uses a contributory negligence system. Under this particular doctrine, an accident victim cannot recover any compensation if he or she is even 1% at fault for the accident’s occurrence. Unfortunately, this law is hard on victims who are only slightly responsible for an accident. To prove you were partially at fault for the accident, the other party’s attorney could easily argue that you were driving above the speed limit or failed to use your blinker. Any misstep could cost you the compensation you need during this difficult time.
Motorists, bicyclists, and pedestrians are all expected to exercise reasonable care to protect their wellbeing and the wellbeing of others. When a car accident victim fails to do so, he or she can be found negligent and at fault for this or her own injuries, no matter how small that fault might be.
Here are some examples of actions that might be deemed negligent:
- Driving a car you know is defective
- Speeding or driving recklessly
- Disobeying the rules of the road
- As a pedestrian, making unexpected movements or jaywalking
- As a passenger, interfering with the driver’s ability to operate the car
If the other party can only prove that you made your injuries worse, but cannot prove that you contributed to the accident, he or she might not be able to keep you from receiving compensation for your injuries. For example, if the driver that hit you was distracted because he or she was using a cell phone, it might not matter that you hit the brakes too suddenly. The accident would have happened regardless of your actions since the other driver was not paying attention.
Given the difficulties North Carolina presents to accident victims, it is essential to hire an experienced personal injury attorney to ensure you recover the compensation you deserve.
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If you sustained injuries in a car accident, North Carolina’s at-fault system makes it incredibly difficult for victims to recover compensation. To increase your chances of a successful outcome, reach out to the team at Price, Petho & Anderson P.L.L.C. for the exceptional representation and legal advice you need. Our team has tried over 300 cases to juries and decades of experience. Moreover, we want you to take this time to focus on recovering from your injuries, so you will not owe us any legal fees unless we win your case.