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How Will It Be Decided Who’s At Fault In An Auto Accident?

Dec 3, 2019 Brown Moore

The aftermath of a vehicle accident can be confusing. Once the initial emergency is over, one of the most important things that need to be determined is who is at fault for the crash. So much depends on determining liability, including issues of compensation. At Brown, Moore & Associates, PLLC, our Charlotte car accident attorneys are ready to help you get through this incident and secure the compensation you deserve.

How is fault determined after an accident?

In order to receive compensation after a Charlotte car accident, it will be necessary to prove that the other driver was 100% at fault for the incident (we will discuss this in a moment). In order to prove this, there are several steps you can take.

  • Gather visual evidence. In the immediate aftermath of a crash, take photographs of everything at the scene. This includes damages, causes of the crash, injuries, and more. Working with an attorney, you can gather any video footage from traffic cams or storefront cameras.
  • Speak to eyewitnesses. Get the names and contact information of anyone who saw what happened in the crash.
  • Police reports are important. In most cases, the police who respond to the crash will determine who they believe was at fault in the crash.
  • Gather your medical bills. The amount of your settlement will largely be based on the extent of your injuries. Be sure to seek medical treatment for any injuries and keep all medical records.

What if you were partially at fault?

Most states allow a person to recover damages in a crash, even if they are partially at fault for the incident. However, that is not the case in North Carolina. In this state, there is a contributory negligence system in place that determines fault after a crash. Under this system, the driver is not able to recover any compensation if they are at fault in any way, even just 1% at fault. To illustrate how unfair this is, here is one example of what could happen:

  • You are making a right-hand turn but fail to use your turn signal. An intoxicated driver with a blood-alcohol level of .16% (twice the legal limit) slams into the back of your vehicle, causing you severe injuries. Because you did not use your turn signal, you were found to be partially at fault and barred from receiving compensation.

Let us get to work on your behalf

If you or someone you love has been injured in a car accident that was caused by another person, please seek legal assistance as soon as possible. At Brown, Moore & Associates, PLLC, we are ready to get to work on your behalf. We want to secure the compensation you need, including:

  • Coverage for your medical expenses
  • Lost income if you cannot work
  • Pain and suffering damages
  • Loss of enjoyment of life damages

When you need a Charlotte car accident attorney, you can contact us for a free consultation by clicking here or calling us at 704-335-1500.