In Fayetteville, North Carolina, an auto accident can happen at any time and for any reason. The cause of an auto accident will determine who pays for damages and injuries sustained by the innocent victim in the accident. Sometimes the driver at fault will want to settle a claim quickly. Other times a driver who may not admit fault and the accident victim must file a lawsuit. In either situation, it is important for an auto accident attorney fayetteville nc to represent the accident victim or at-fault party.
How is Negligence Determined in an Auto Accident?
Negligence is a driver’s failure to act as a reasonable driver would in the same and/or similar situation. For example, a reasonable driver would stop at a red light. However, a driver that caused the accident didn’t stop at a red light. This means the driver was negligent and at fault in the accident.
Fault Also Depends on if the Accident Victim Contributed to the Accident
In most states, only the at-fault driver can be negligent in an accident. In North Carolina, an accident victim may also be at fault in the accident. This means if the at-fault driver was the only driver negligent, the accident victim will receive payment. However, if both drivers were at fault, the accident victim wouldn’t receive any money.
What is Contributory Negligence in North Carolina?
Contributory negligence is a defense for the at-fault driver. They can claim the accident victim contributed to the accident. This means the accident victim didn’t cause the accident, they just did something to help the accident happen. For instance, an accident victim didn’t see a stop sign and continued driving. The at-fault driver was speeding at a high rate and hit the accident victim. The accident victim contributed to the accident.
Contributory negligence is a big help to an at-fault driver. If they can prove the accident victim contributed to the accident, they receive no money. Yes, they are barred from recovering damages like medical expenses and lost wages.
Proving Fault after a North Carolina Auto Accident
An accident victim must prove the other driver was completely at fault for the accident to obtain damages. Proving fault requires solid evidence. For example, visual evidence such as photographs and video footage from a storefront to show the other driver was at fault.
Witness testimony is also good evidence to prove fault. Written witness testimony usually comes from passengers in other cars at the time of the accident. Other types of witnesses include pedestrians and other drivers who saw the accident occur.
Getting Help for an Auto Accident in North Carolina
In many states, the driver who caused the auto accident pays for the accident victim’s damage and injury. However, in North Carolina who pays and how much is paid depends on whether the accident victim contributed to the accident. It’s important to contact an auto accident attorney to determine fault and what compensation must be paid.