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When we think of car accidents, we often assume that one of the drivers involved is at fault. But determining responsibility isn't always black and white. In some cases, a driver may not be responsible for an accident at all. In this blog, we'll look at the various instances in which a driver may not be responsible for an accident, discuss North Carolina negligence law, and how injured drivers can go about seeking compensation.
Instances Where a Driver May Not Be Responsible
In some cases, a car accident may occur with no identifiable driver at fault. This could be because of a variety of factors such as road conditions, fault vehicle parts, animals crossing the street unexpectedly or any other kind of force majeure that rendered it difficult to predict the occurrence of the accident.
In such circumstances, victims need not be without recourse. Even in instances when no individual driver can be considered responsible for an accident, other parties may still be liable for damages. For example, an auto body shop that failed to properly maintain a vehicle and inspect its safety features could be held accountable should an incident occur due to its negligence. Alternatively, many jurisdictions have laws making municipalities responsible for certain types of accidents if proper safety regulations are not in place or properly enforced on public roads.
As a result, it is important to seek the advice of an experienced attorney following any car accident regardless of fault determination. With their assistance, those affected will have greater clarity about what legal options might be available and how best to go about pursuing justice and compensation from any liable party involved in the mishap.
North Carolina Negligence Law
In North Carolina, determining fault in a car accident is based on the concept of negligence. Negligence is defined as a failure to exercise reasonable care, resulting in injury or damage to another person.
To prove negligence in a car accident case, the injured party must show that another party:
- Had a duty to exercise reasonable care;
- Breached that duty;
- Caused the accident; and
- As a result, the injured party suffered damages.
North Carolina also follows a "contributory negligence" doctrine. This means that if the injured party is found to have contributed even 1 percent to the accident, they cannot recover any damages from the other driver.
Seeking Compensation After a Car Accident
If an individual has been injured in a car accident in North Carolina, it is important for them to understand their legal rights and options for seeking compensation. Depending on the specifics of the incident, this could include medical bills, lost wages or even pain and suffering.
In order to pursue any form of restitution after a car collision in North Carolina, it is essential to work with the experienced attorneys at Wallace Pierce Law who understand both state and federal laws pertaining to personal injury lawsuits. Our legal team can help build a strong case by gathering evidence such as police reports, eyewitness accounts and expert testimony when necessary.
Furthermore, we offer free initial consultations in order to provide potential clients with a better understanding of their rights and what legal steps might be taken in order to obtain fair compensation after an accident. With our assistance, those affected have the assurance that they are being properly represented throughout each phase of proceedings and ultimately receive restitution commensurate with the losses incurred due to another party's negligence.
Remember, seeking compensation after a car accident can be complicated, and it's important to have an experienced personal injury lawyer on your side. Don't hesitate to reach out for help – you deserve compensation for your injuries and damages.
Were you injured in a car accident and are now seeking compensation? Contact Wallace Pierce Law today at (919) 887-7892 for a free initial consultation.