Who Is at Fault in a North Carolina Car Accident?

A car accident can be a devastating event with severe consequences. Your car can suffer catastrophic damage, costing thousands to repair. A vehicle may even be totaled, requiring you to get a new car. You and the other people in the vehicle can be injured, sometimes in severe or life-threatening ways. With injuries, you could incur thousands in medical bills.

It is often frustrating to endure this financial, emotional, and physical hardship after an accident. The difficulty of this situation can be compounded by the fact that the crash may not have even been your fault.

How Is Fault Determined Following a Car Accident?

After you are involved in a car accident, you file an accident report with your insurance company. This should be your first move after a car accident. It is important to keep in mind that you are not required to pay anything in the immediate aftermath of an accident. The other party cannot demand you to pay them without getting the law involved.

Following the filing of your accident report, you will be assigned a claims adjuster by the insurance company. This individual will review police reports, medical records, photos of the accident scene, and any other evidence that was obtained right after the accident. With the amount of evidence available from the scene, it is essential to never admit fault right after the crash. If this is documented after the crash, the claims adjuster could use what you said in their decision about who is at fault in the accident.

Different Types of Liability

In the event of a car accident, there are different types of liability. No-doubt liability will mean that it is almost always the fault of the other driver, and it is often impossible to argue against this fact. A rear-end collision, except for a broken turn signal or brake light, is almost always the other driver’s fault. If a car making a left turn strikes your car as you are driving straight down a road, this is usually the fault of the driver making a left turn. If the other person was driving under the influence of drugs or alcohol, they would be determined to be at fault for the car accident.

Negligence is also a big part of determining who is at fault for a car accident. There are several types of negligence, but not all state laws cover all types of negligence. An example of one of these types of negligence is contributory negligence. This type of negligence means that you are blameless in the event of an accident.

Determining Fault in North Carolina

Every driver in North Carolina must have liability insurance. Often, these insurance policies do not protect a driver against the number of damages that result from a car accident. You will need a lawyer at your side after an accident. Contact The Nye Law Group to discuss your accident with us.