Determining Fault for a Rear-End Collision in Charlotte, North Carolina
While you may think the car behind you is responsible for a rear-end collision in Charlotte, North Carolina, that is not always the case. While the driver behind you may be at fault in some capacity, there are some instances when you, as the lead driver, can be considered responsible for causing the rear-end collision.
Drivers that are following another vehicle have a responsibility to leave a safe amount of distance between them and the vehicle in front of them. If they are tailgating and the car in front of them slows to avoid an obstacle or traffic backups, this can cause a Charlotte, North Carolina rear-end collision. In this instance, of course, the driver who was following too closely is at fault for the crash, and a car accident attorney can help you get compensation for your injuries and property damage.
When a Charlotte, North Carolina rear-end crash is caused by the leading vehicle, it is often because the leading driver behaved in a dangerous or careless way (e.g. reversing into the car behind them or not properly using their turn signals to alert the driver behind them that they are going to turn). Additionally, the leading driver’s failure to properly maintain their vehicle (e.g. burned out brake lights) can also cause a rear-end collision. All of these instances can put a rear following driver at risk and cause a rear-end collision in Charlotte, North Carolina.
If involved in a rear-end collision that was the fault of another driver, you need to speak to a Charlotte, North Carolina, car accident attorney to determine if you have a case. They can help you identify who was at fault in your rear-end collision and fight to get you compensation for your case.
How is Fault Determined in a Rear-End Collision in Charlotte, North Carolina?
Determining fault in a Charlotte, North Carolina rear-end collision is the responsibility of your car accident attorney. North Carolina is one of four states in the United States and the District of Columbia where contributory negligence applies. Under the doctrine of contributory negligence, if you are at fault to any degree, you may not be able to recover anything for your injuries. The defendant has the burden to prove that you have contributory negligence; however, if the defendant satisfies this burden, and the defendant did not have the last clear chance to avoid the collision or was not grossly negligent, you will be barred from recovering.
Your Charlotte, North Carolina car accident lawyer will work to establish the negligence of the other driver in your rear-end collision, assess any potential contributory negligence on your behalf, and determine whether the other driver had the last clear chance to avoid the collision or was grossly negligent in causing the collision. A car crash attorney will use tools such as the police report to build a case against the other driver in your rear-end collision. This report provides an account of the events of the accident, assesses fault in your rear-end crash, and lists potential eye witnesses to the collision.
A Charlotte car crash attorney will speak with those who witnessed your rear-end collision to get their account of what happened in the crash. Often, these witnesses can be used to support your account of the collision and help prove the negligence of the other driver, especially in a rear-end collision case.
Do I Need a Car Accident Attorney in Charlotte, North Carolina?
Working with a car accident attorney when you have been injured in a rear-end collision in Charlotte, North Carolina will help you determine who was at fault, whether you share any of the fault, and if so, whether last clear chance or gross negligence applies and permits you to still recover in spite of your own negligence.
Talk to your car crash lawyer immediately about your rear-end collision to determine fault and decide on the best course of action to take for your case. They will advise you on your legal rights, help you through the legal process, and work to help you secure the maximum settlement for your rear-end collision in Charlotte, North Carolina.
Reach Out to a North Carolina Attorney About Your Rear-End Collision
When involved in a rear-end collision in Charlotte, North Carolina, you need a car accident attorney that is on your side. The car crash lawyers at Brown, Moore & Associates, P.L.L.C. can help you with your case and work to establish the fault of the other driver. They will work to get you a fair settlement for your injuries and property damage. Contact us today to set up a consultation.