(800)525-7111 Free Consultation

North Carolina Is an At-Fault State for Car Accidents

Dan Brian   |  April 27, 2016   |  

When you’ve been injured in a serious car accident, it may seem very clear as to who is at fault and who should pay. Unfortunately, car accident cases aren’t always so black and white. From state to state, there is a spectrum of laws on how responsibility is determined for car accident cases.

North Carolina has very specific and strict rules on whether a victim of a car accident can receive compensation for his or her injuries. So it is imperative that you have an experienced attorney who is well-versed in North Carolina’s fault laws if you want to pursue justice in your car accident case.

At Riddle & Brantley, LLP, our attorneys are completely focused on helping people who have been injured in accidents, and we have more than 160 years of combined legal experience. We love our clients, and we know this is a difficult time in your life if you were just in an accident and that’s why we’re willing to go the distance for you.

 Is North Carolina a Contributory Negligence State?

North Carolina’s strict rules on determining fault in car accidents are known as “pure contributory negligence” laws. This means that the victim has to be 100 percent free of fault for the accident in order to receive compensation.

This at-fault approach puts a major burden on victims, as the other side can try to avoid responsibility by saying the victim did just one tiny thing wrong that contributed to the car accident. The other side may say you were slightly speeding or didn’t use a turn signal, anything to try to prove you are 1 percent at fault for your injuries.

Having an Experienced Attorney can make all the Difference in North Carolina Car Accident Cases

Despite this strict law, the skilled attorneys at Riddle & Brantley, LLP, consistently win compensation for our clients in North Carolina car accident cases. That is because we know the ins and outs of the North Carolina at-fault rules, and we are aggressive in protecting our clients and refusing to allow insurance companies to use the law as a loophole.

When you put your trust in us:

  • We will thoroughly investigate all aspects of your accident to determine definitively who was at fault and who should pay for your injuries.
  • We will collect every bit of evidence and talk to every possible witness to build a strong case for you.
  • We will extensively document your injuries and the damages you have suffered to argue aggressively for maximum compensation.
  • We will go to battle with insurance companies that are trying to nickel and dime you out of the full and fair compensation you deserve.

If you had been involved in a car accident in North Carolina and need a skilled attorney to prove another party was entirely at fault, contact the dedicated legal team at Riddle & Brantley, LLP, today.

How are North Carolina at-fault laws different?

Most states are not more than as strict as North Carolina when it comes to proving fault in car accident cases. In fact, only Virginia, Alabama, Maryland, and Washington D.C. also use pure contributory negligence laws.

Many states follow what is called a comparative negligence system, which assigns a percentage of fault to each party, and then compensation is directly affected by that percentage.

For example, in a strict comparative negligence state, if it was determined that a victim suffered $10,000 worth of damages in a car accident, and the victim was determined to be 25 percent at fault for the accident, his or her compensation would be reduced by 25 percent. Therefore, the victim would receive $7,500 instead of the full $10,000.

Some states use a modified comparative negligence system. These states set a limit for when a person may be able to pursue damages from the other driver’s insurance company. For example, in South Carolina, another at-fault party must be at least 51 percent to blame for the accident in order for a victim to receive compensation through the at-fault party’s insurance company.

Still other states follow a no-fault system. In a no-fault system, drivers are always required to seek compensation for injuries through their own insurance companies first before pursuing compensation from another party, assuming the person’s injuries are serious enough to warrant a claim against another party.

Who Determines Fault in a Car Accident?

As soon as your accident is reported to the insurance company, the insurance company will launch an investigation. Remember, the insurance companies are looking out for themselves, not you. They want to show that you were somehow partially to blame for the accident, so you cannot collect compensation under North Carolina at-fault laws.

Insurance CoverageAt Riddle & Brantley, LLP, our skilled attorneys will also launch our own investigation on your behalf, where we will build a strong argument for who was at fault and why you deserve maximum compensation for your injuries. If your case ends up going to court, a judge and jury may be the ultimate deciders of who was at fault and how much you should be compensated.

Don’t Let North Carolina’s At-Fault laws Intimidate You

The dedicated car accident lawyers at Riddle & Brantley, LLP, know exactly what it means that North Carolina is an at-fault state. It means that we work extremely hard for every client we take on to make sure you receive the personalized attention and dedicated representation that you deserve.

We want you to know that we take your car accident case as seriously as you do, and you can trust that we will aggressively pursue maximum compensation from the at-fault party.