Who Was at Fault in My Car Accident?
When a motor vehicle accident takes place, your first thought isn’t always the cause of the accident!
You’re concerned about if you’re physically okay – if you were traveling with passengers, are they physically okay? How badly was your motor vehicle damaged?
Can it be repaired or was it totally destroyed? Do I have the number for a tow-truck? When will the police arrive?
It’s common practice for any individual’s mind to cycle through these types of thoughts in the moments after an impact.
However, that doesn’t mean that larger issues shouldn’t be revisited quickly after you’ve answered the more immediate questions.
Understanding and proving the fault of a motor vehicle accident can be increasingly hard and should be handled by an experienced group of motor vehicle accident attorneys.
Our Team of Car Accident Lawyers Works to Prove Your Case!
Our auto accident attorneys have built a network of investigators and accident reconstructionists who are distinguished in their fields of expertise.
Click here and call Marcari, Russotto, Spencer & Balaban today!
How Does Fault Impact my Accident Case?
The most important aspect when trying to determine who was at fault is to first understand the contributory negligence laws in your state. Below, we’ve listed out the laws for North Carolina, South Carolina, and Virginia:
In North Carolina, a very strict contributory negligence standard is in play in regard to motor vehicle accidents. North Carolina states that you are unable to receive any compensation if your own carelessness contributed to the accident in any way. That means that if the court determines the other party was 99% responsible for the accident, but finds that you contributed that final 1% – the party in question can use that to derail your claim.
Often time, at-fault drivers will allege that their victims made an ‘unsafe maneuver’ while driving, which led to the accident itself.
In response, it’s key to work with your attorney to prove that everything you were doing before the accident took place was safe, but is also legal under North Carolina law. The difficulty involved with making this argument is yet another reason why you should reach out to an aggressive and committed motor vehicle accident attorney to investigate and reconstruct your case to obtain the evidence you’ll need to win.
In South Carolina, there is what’s called ‘comparative negligence’ laws that allow an injured party/parties to claim damages for motor vehicle accidents, so as they were less than 51% at fault for the accident.
As long as you and your attorney are able to prove that one or more parties are to blame, you are able to recover compensation. The court will reduce that compensation however to the proportion that is your fault. So, if you’ve suffered a total loss of $100,000 and the court determines that you were 25% at fault for the accident, you’d be able to recover $75,000 from the defendant.
With that being said, it’s quite possible that even though you were careless, your carelessness did not cause the accident at all, which would entail you receiving the full 100%. A skilled and determined accident attorney may be able to help you reassemble the evidence necessary to make a compelling case for full compensation.
Virginia states that you are unable to receive any compensation if your own carelessness contributed to the accident in any way. That means that if the court determines the other party was 99% responsible for the accident, but finds that you contributed that final 1% – the party in question can use that to derail your claim.
If you’ve been involved in a motor vehicle accident in Virginia, you should reach out to an aggressive motor vehicle accident attorney to fight for the justice and compensation you may very well deserve.
The Last Word on Negligence
Depending on the laws of your state, negligence can either reduce the total number of damages available to you in a personal injury lawsuit or entirely bar you from any recovery.
If the defense can prove you contributed to the accident through speeding, disregarding traffic signals or driving recklessly, your right to recover damages may be in jeopardy.
It is essential that you hire an aggressive and committed attorney in your area to investigate your case and assemble the evidence you need to win.
Call MRSB and Schedule a Free Consultation with Our Car Accident Attorneys
If you or someone you love has sadly sustained serious injuries in a motor vehicle accident anywhere in North Carolina, South Carolina or Virginia, Marcari, Russotto, Spencer & Balaban may be able to help.
We thoroughly investigate the circumstances of your accident and aggressively pursue the maximum compensation possible for your injuries. Call us today at (855) 435-7247 or contact us online to schedule a free consultation.
You can also contact us by filling out the form below. Once you’ve filled it out, and we’ve received it, we will make sure to reach out to you as soon as we possibly can. Thanks!