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If I’m in an Accident That Is Partly My Fault, Can I Still File a Claim?

police and ambulances blocking a road after a car accident in the winterAccidents are often caused by a number of factors. For example, someone may have hit you because of running a red light, but you may have been speeding when you passed through the intersection. It could be argued that you are partially responsible since you may not have passed through the intersection at that moment if you had not been speeding.

You may think that you do not have a claim if you were found to be partially responsible for the accident. As North Carolina Personal Injury Attorney Mike Jordan explains, in North Carolina, that is usually true, though there may be some exceptions. North Carolina recognizes “contributory negligence,” which says that if you are at fault even 1 percent in an accident, you cannot recover damages from the other driver.

However, North Carolina also allows for some exceptions to this rule. The “Last Clear Chance” doctrine states that if a driver had an opportunity to avoid the accident but did not take advantage of that opportunity, then that person is truly at fault. The Last Clear Chance doctrine assigns fault even if it could be argued you may have contributed in part to the accident.

Even if you were determined to have potential contributory negligence in an accident, the Last Clear Chance doctrine may make it possible for you to pursue a claim to recover damages from the at-fault driver.

North Carolina Personal Injury Lawyers

If you have been in an accident and you have any questions about whether you have a claim, a North Carolina personal injury lawyer at the Law Offices of James Scott Farrin may be able to help you determine what your legal rights may be. Call 1-866-900-7078 or contact us online for a free evaluation of your case. Don’t let a misunderstanding of the law keep you from getting the compensation that you may deserve.