Contributory Negligence
Proving who is at fault
Proving who is at fault in a car accident is not about finding a convenient person to blame and hiring a car accident lawyer to sue them. Insurance companies will look closely at the law enforcement department's report on your accident and the circumstances involved in it. In the state of North Carolina it is even more imperative to determine the negligent party in an accident, because of the doctrine of contributory negligence.
Contributory Negligence
North Carolina is one of only four states in the US that continues to accept contributory negligence as a defense available to bar one person's claim against another. This doctrine holds that individuals have an obligation to refrain from acts that can cause injury to others. They must also avoid exposing themselves to harm. North Carolina's contributory negligence laws can bar a victim's recovery for injuries sustained in a car accident, because the defendant can argue that if a plaintiff is even slightly to blame for the car accident he was involved in, he should not recover any damages. If one of the causes of your car accident or personal injury was your own negligence or inattentiveness, you may not be able to recover damages in North Carolina. There are exceptions to this doctrine, and a personal injury lawyer can help you understand if the doctrine of contributory negligence applies to you, and how you may be able to deal with the at-fault party responsible for your claim.
What is a Tort?
Will a Car Accident Lawyer Take My Case to Court?
A tort is a civil wrong recognized by law as grounds for a lawsuit. Wrongs resulting in an injury or harm constitute the basis for a claim by the injured person. While some torts are criminal in nature and can result in punishment, the first aim of tort law is to provide relief of the injury or harm done the injured party, and to deter others from committing the same wrongful acts. An injured person may sue for monetary damages or even an injunction to prevent the continuation of the wrongful conduct. Among the types of damages an injured person may recover for are lost earning capacity, reasonable medical expenses, permanent impairment, compensation for lost property, and pain and suffering. These damages can include both present and future expected losses.
Intentional and Negligent Torts
When a person intends to commit a wrongful act, which results in damages and personal injury, they are said to be guilty of an intentional tort. These wrongs are committed when an individual knew or should have known harm would occur. Intentionally striking another person would be an example of an intentional tort.
When a defendant's actions are unreasonably unsafe, they are said to be guilty of a negligent tort. Causing an accident by failing to avoid traffic rules, such as speeding through an intersection, would be an example of a negligent tort. A personal injury lawyer can explain tort laws that might be applicable to your specific situation and advise you of your rights and responsibilities in regards to your car accident.
How We Can Help You with Your Car Accident Tort
Studies have shown that, on average, car accident victims who hired a car accident lawyer to represent them received three and a half times more compensation for their loss than they would have on their own (Insurance Research Council, 1999).
Car Accident Case Review
Once we receive your information, we will route your inquiry to our car accident injury team. Every effort will be made to contact you within one business day. You will never be obligated to hire a car accident lawyer. For immediate help call us now, toll-free, at 1-866-780-3551.
