Proving fault in a North Carolina accident

Proving fault in a North Carolina accident
Jul 13 2021

If you were injured in a car accident in North Carolina, you may be entitled to economic damages for medical expenses, lost wages, and other expenses related to the crash, as well as non-economic damages for pain and suffering, emotional distress, and other intangibles.

Filing a car accident claim against the parties responsible for your accident and resulting injuries may be one way for you to recover these damages. But how do you establish a party was at-fault? Generally, negligent parties will be found at least partially at-fault for the accident and therefore will be liable for some or all of the injuries and damages caused by the accident.

Evidence necessary to prove fault

In order for a party to be found negligent, they must have breached a duty of care owed to you as the victim that directly and proximately caused your accident and the injuries and damages you suffered. To prove that a party was negligent, and therefore liable for your accident, you may present the following evidence:

  • Physical evidence – Damage to the vehicle, skid marks on the roadway, and other physical evidence can help show how the accident occurred.
  • Photos and video footage – Photos and videos of the accident itself, the scene of the accident, and injuries and damages suffered can also be helpful when proving fault.
  • Eyewitness testimony – Bystanders or other travelers on the roadway who saw the accident can explain how the accident occurred, which can help establish who is at-fault.
  • Expert testimony – Medical professionals, accident reconstructionists, and other experts can testify as to how the accident occurred and the nature and extent of the injuries suffered.

North Carolina is a contributory negligence state

Unfortunately, North Carolina accident victims who are even partially liable for their own accident will not be able to recover damages, pursuant to North Carolina’s contributory negligence laws. That is why it can be so beneficial to have a personal injury attorney to help show that other parties were negligent and therefore are liable for your accident-related damages.

Recent Posts