Liability In A Rear-End Accident

In North Carolina, the nature of your auto accident is important. The reason for this is that North Carolina is a contributory negligence state. This means that even if you are found to be 1% at fault, a jury will be instructed to not return any damages in your favor. While this may appear an outdated method for determining fault, it does not prevent individuals injured in an auto accident from recovering from the negligent party.

Contributory Negligence

Insurance companies will often raise contributory negligence as a negotiation tactic to lower the amount being offered to the plaintiff. For obvious reasons, if you have been in a rear-end accident (the other driver rear-ended you), the liability is clear: it’s their fault not yours. Liability is more complicated when two vehicles collide in an intersection or hit each other on the side, etc. Regardless, your personal injury attorney can counter the contributory negligence argument in negotiations and still negotiate successfully in your favor.

Documenting The Scene

Documenting the scene of the accident can be critical for establishing liability in a rear-end accident or any other type of auto accident. If you’re in an accident, be sure to take numerous photos of the vehicle damage and the overall scene of the accident. This will preserve the scene in photos and also assist your personal injury attorney tremendously when it comes time to negotiate with insurance companies.

Call A Charlotte Personal Injury Attorney

If you have been in an rear-end accident or another type of auto accident in Charlotte, North Carolina, call 704.749.7747 to speak to an attorney. The consultation is free and you deserve to know your rights.