Being involved in a car accident is a traumatic experience, especially when you suffer injuries like chest contusions, neck strains, facial injuries, or dental damage. The situation becomes more complicated when both drivers receive traffic citations. If your ticket was ultimately dismissed, you may wonder how this affects your ability to seek compensation for your injuries in North Carolina.
North Carolina follows the strict doctrine of contributory negligence. This means that if you are found to be even 1% at fault for the accident, you could be barred from recovering any compensation from the other party involved. This doctrine makes it crucial to establish that you were not negligent in any way that contributed to the accident.
Receiving a traffic citation does not automatically determine fault in a personal injury claim. A dismissed ticket can actually work in your favor. Dismissal suggests that the court did not find sufficient evidence to hold you responsible for the violation. However, insurance companies may still attempt to argue that you were partially at fault to avoid paying out your claim.
Due to the stringent contributory negligence laws in North Carolina, proving that you were not at fault is essential. An attorney can help gather necessary evidence, negotiate with insurance companies, and advocate on your behalf. They can also help you understand your rights and the best course of action for your specific situation.
Keep in mind that North Carolina has a three-year statute of limitations for personal injury claims resulting from car accidents. This means you have three years from the date of the accident to file a lawsuit. Missing this deadline can forfeit your right to seek compensation.
Having your traffic citation dismissed can positively impact your personal injury claim. However, the contributory negligence doctrine in North Carolina makes it imperative to prove you were not at fault in any way. Legal assistance is invaluable in such cases to help ensure you receive the compensation you deserve.
If you've been injured in a car accident in North Carolina and are unsure about your rights, the experienced attorneys at Wallace Pierce Law are here to help. We understand the complexities of contributory negligence and are dedicated to assisting clients like you. Email us today or call us at (919) 313-2737 to schedule a free consultation.