How Fault is Determined in an Auto Accident

How Fault is Determined in an Auto Accident

When it comes to motor vehicle accidents, the state of North Carolina is a ‘fault state.’ This means that if you suffer injuries in a motor vehicle collision that is caused by another person’s negligence, you can file a claim or lawsuit directly against that negligent individual.

In order to prove fault, you must be able to demonstrate that the other driver acted in an unreasonable manner under the circumstances. For example, if the other driver violated a traffic law, such as by running a red light or speeding, that evidence is typically sufficient to establish negligence on the other driver’s part. When it comes to proving fault, there are several key pieces of evidence, including eyewitness testimony, eyewitness statements, and police reports, which are very useful.

The North Carolina personal injury lawyers at King Law Firm can assist you with proving that another driver was at fault for your auto accident. We will also help you pursue monetary recovery for the injuries which you suffered in your accident. Please give us a call today to learn more about how we can assist you with your personal injury legal matter. 

Witness Statements

Written and oral statements by eyewitnesses are key pieces of evidence in motor vehicle accident cases. An eyewitness who was on the scene at the time of the accident may be able to testify that another driver ran a red light or stop sign, was speeding or failed to yield the right-of-way to the accident victim’s vehicle. 

If you are involved in a motor vehicle collision, it is extremely important that you obtain the names and contact information for any eyewitnesses who appear at the scene. These statements will become extremely important when it comes to proving fault in your accident case.

Police Reports

Police reports are another source of potential evidence when it comes to proving fault in a motor vehicle accident case. Although police officers often arrive at the scene after the accident has already occurred, they are still in a position to speak with witnesses and make an assessment about who caused the accident. The police report will also typically state who, in the police officer’s opinion, was at fault for the accident – and whether or not a citation was issued to the at-fault driver.

Pure Contributory Negligence

North Carolina is one of only five jurisdictions in the United States that still follows the law of pure contributory negligence. Under this law, an injured accident victim is not entitled to any recovery if he or she is even one percent at-fault for a motor vehicle collision. However, if the other driver still had the last clear chance to avoid the accident, then an accident victim’s contributory negligence may not prevent him or her from recovering damages.

Speak to a North Carolina Personal Injury Lawyer Today

At the King Law Firm, our legal team can assist you with proving all of the elements of your negligence claim arising out of a motor vehicle collision. We can also file a claim or lawsuit on your behalf against the at-fault driver. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 205-9940 or contact us online today.