North Carolina enforces a rare rule when enforcing fault in traffic accidents.
This rule means even if you didn’t cause an accident but were committing some wrongdoing at the time it occurred, you may not be able to receive the total amount of compensation you had in mind.
What Is The Definition Of Fault In Traffic Accidents In North Carolina?
North Carolina enforces a “contributory negligence” rule which means if more than one party bears responsibility for an accident, they are considered at “shared fault.”
Unfortunately, this rule means even if you contributed 1 percent to the accident, the court forbids you from receiving any compensation for the accident. This rule doesn’t just apply to judges and courts — it also applies to car insurance when settling a claim.
To envision what shared fault looks like, imagine you were speeding 10 miles over the limit and get side-swiped by another vehicle trying to merge lanes. Even though the majority of the fault rests with the other vehicle, since you were speeding, a court will find you as sharing fault for the accident.
Even if you contributed a minimal amount to the accident occurring, any fault means you will not receive any monetary compensation.
What Should I Do If I’ve Been In An Accident While Driving In North Carolina?
If you were in an accident while driving in the Tar Heel State, schedule a free consultation with the Knox Law Center right away. During our meeting, we can help guide you through the tricky laws North Carolina enforces regarding fault in traffic accidents.
If your case goes to court, we can help gather evidence to help your case. As your goal is to have a jury decide you did not fault the accident.
North Carolina also enforces a statute of limitations on car accident lawsuits. If you plan to file a civil lawsuit for injury or damage, you must file within three years.
If someone died as a result of the car accident and a family member is suing for a wrongful death claim, the statute of limitations reduces to two years.
With these time restrictions, it’s important to reach out to the Knox Law Center right away, so we can have ample time to work on your case and win you the biggest settlement possible.
Even if you hope to settle your accident with the car insurance company, reaching out to a lawyer will give you options and leverage when negotiating.
