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How To Prove Fault In A North Carolina Car Accident

  • By: Randy Emory, Esq.
People signing documents after a car accident

In this article, you can discover…

  • The role of witness statements in your personal injury case.
  • Whether North Carolina has comparative negligence laws.
  • How an attorney can help you prove negligence.

What Role Do Traffic Laws In Charlotte, NC, Play In Proving Negligence?

In North Carolina, most traffic laws are common laws that are not codified. Other violations, however, such as speeding or driving under the influence, are violations of a criminal code and can bring serious civil charges.

If the person who hit you violated either common law or civil law, these factors can be crucial to proving their negligence and liability. Your attorney will review accident scene evidence to help determine if this was the case.

How Can Witness Statements Impact Proving Negligence?

Witness statements are very important, as they provide an objective, independent view of what happened. It’s similar to a sports game; when you have a tie in the game, an independent witness can be very valuable.

If a witness statement supports your description of the accident, this gives you quite a bit more credibility with the insurance company, a jury, or a judge. This helps determine that it is more likely than not that the other party caused the accident, something needed to meet the burden of proof.

Witnesses can be either independent (such as a pedestrian walking by when the accident occurred) or someone you knew who was with you in the vehicle. An independent witness is typically better for your case, as they don’t know you, have nothing to gain, and won’t receive any damages from the accident.

Can I Still Recover Compensation If I Was Partially At Fault?

No, you can not. North Carolina has something called contributory negligence. This states that in order to receive compensation for an accident, you must prove that you had absolutely no responsibility for the accident, not even 1%.

If you had any role to play at all in the accident, for example, if you were turning left in a no-turning lane as the other party ran a red light, you would not receive compensation.

How Can An Attorney Help Me Prove Negligence In A Charlotte, NC, Car Accident Case?

Your attorney will begin by examining the police report. They will also look through accident scene photos, medical records, dash cam footage, and any other types of available evidence.

Your attorney will also reach out to any known witnesses and take statements from them. All of these factors will help determine the other party’s negligence and present evidence of this to an insurance carrier or a jury.

Your attorney can also reach out to accident reconstruction experts and engineers to help establish the train of events at the accident scene. At The Emory Law Firm, we’ll spare no expense to verify the other party’s liability and back you up if we feel your claim is credible.

Still Have Questions? Ready To Get Started?

For more information on North Carolina Car Accident Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 324-8500 today.

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