Fault plays a major role in determining liability and offering compensation in car accidents in North Carolina.
If you’ve been involved in a car accident in North Carolina, determining fault is important in your claim for compensation. Unlike other states that follow comparative negligence laws, North Carolina sticks to strict contributory negligence rules.
This means that you may lose all your compensation if you’re found to be even slightly liable for the accident. For this reason, it’s important to understand how fault is determined and all the options available to you. Read on to discover how this affects your claim in North Carolina.
How Is Fault Determined After a Car Accident in NC?
Establishing fault in a car accident in North Carolina involves evaluating evidence, rebuilding the accident scene, and examining each driver’s behavior. Several factors are usually considered when determining fault this way.
If you’ve been in a car accident in North Carolina, police reports are among the most important pieces of evidence. Police officers typically conduct investigations, interview witnesses, and collect witness statements, which are also important in establishing fault.
Traffic codes and charges are also considered. If one driver violated these codes leading to the accident, they are liable. The accident scene, physical evidence, and video footage also come in handy in figuring out who is responsible for the collision.
What Happens If You’re Partially at Fault for the Accident?
People often wonder how fault comes into play when determining liability in the state, but is North Carolina a no fault state? Remember that the state follows the contributory negligence law.
Even if you’re found partially liable for the accident, you’ll be ineligible to file a claim or lawsuit. As a result, you will not receive damages for your injury or losses. Only a few states use this contributory negligence rule.
Since you’ll lose your compensation if you make one simple mistake contributing to the accident, many people consider this law unfair. Essentially, you will not be entitled to any compensation to cover your injury, lost income, or damaged property.
However, if you can prove that the other driver had a last clear chance to prevent the accident or exhibited gross negligence, contributory negligence on your part may be waived.
What Happens If the Driver at Fault Disputes Liability?
By disputing liability in a car accident, a driver determined to be at fault challenges the finding. If this disagreement regarding negligence comes up, it must be resolved. That is why car accident cases sometimes go to trial.
During the trial, a judge or a jury examines the evidence and testimony before determining the party liable for the accident. Hire a car accident lawyer to help with the case if the other driver disputes their liability.
What to Do If There Is Third-Party Liability
If there is a third-party liability for the car accident, you can hold them accountable for their role. For instance, if your car is defective or has a broken part that caused the crash, your vehicle manufacturer or auto mechanic may be liable.
However, there must be solid proof that these parties contributed directly to the accident. If you’ve suffered a car accident involving multiple vehicles, proving your innocence can be tricky.
Endnote
Fault plays a major role in determining liability and offering compensation in car accidents in North Carolina. The state does not follow the no-fault system but adheres to the contributory negligence law. While exceptions exist, even the slightest fault often means losing your settlement.
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