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Accident, Fault

Accidents & Fault: Here’s What to Know!

Feb 24, 2022 | Blog

Accidents & Fault: Here’s What to Know!

Whenever a motor vehicle accident takes place, one of the first things to cross your mind or leave your lips is who was at fault.

Maybe it’s the realization that what you were doing contributed towards you hitting another vehicle, or maybe it’s a few choice words towards a motorist whose negligence caused them to barrel into you.

After you’ve checked to see if you’re physically okay and if you were traveling with passengers if they’re physically okay – your mind will inevitably go right back to thinking about who was at fault – it’s human nature and it’s also one of the largest components of a motor vehicle accident claim.

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.

 

Accident, Fault

Proving fault after a motor vehicle accident is an essential part of receiving compensation. Looking to speak with an attorney? Call us now! (855) 435-7247.

 

 

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 CarolinaSouth Carolina, and Virginia:

 

 

• North Carolina:

In North Carolina, a very strict contributory negligence standard is in play regarding motor vehicle accidents.

North Carolina states that you are unable to receive any compensation if your 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 times, 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.

 

 

• South Carolina:

In South Carolina, there are 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 can prove that one or more parties are to blame, you can 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:

In Virginia, much like North Carolina, a very strict contributory negligence standard is in play regarding motor vehicle accidents.

Virginia states that you are unable to receive any compensation if your 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.

 

 

Our Motor Vehicle Accident Attorneys Work to Take The Burden Off Your Shoulders

An experienced motor vehicle accident attorney recognizes that although an accident can occur within seconds, the serious injuries, pain, disability, and financial losses that result can last a lifetime. 

Every year, innocent victims are severely injured and sometimes killed in automobile accidents caused by negligent and reckless drivers. Before you agree to a settlement with an insurance company, obtain knowledgeable legal advice from hard-fighting motor vehicle accident lawyers at Marcari, Russotto, Spencer & Balaban

We understand how important it is to ensure that you are compensated for both today and tomorrow, and we are ready to stand up for your rights.

  

 

Schedule a Free Consultation Today! Sign Up Below!

If you or a loved one has been injured in a motor vehicle accident anywhere in North CarolinaSouth Carolina, or Virginia please use the form below to sign up for a free consultation with our law firm.

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.

We look forward to hearing from you!

 

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