Who should be held liable for your car accident?

Who should be held liable for your car accident?
Aug 27 2021

Even the most seemingly minor North Carolina car accidents can result in major injuries and damages. In addition to the physical injuries suffered, victims may experience emotional trauma and financial distress due to an inability to work. Filing a personal injury claim against the parties responsible for your accident is one way to recover damages to provide financial support during your recovery.

Who is liable for my accident?

There are several parties that could be held liable for your car accident. Many personal injury claims are based on the negligent actions of the defendant or defendants named in the lawsuit. If you are filing a claim, consider the following parties as possible defendants:

  • The other driver – If another driver was driving negligently by speeding, following too closely, texting and driving, or otherwise failing to follow traffic laws.
  • The owner of the other vehicle – If the owner of the vehicle negligently entrusted their vehicle to a reckless or unlicensed driver,
  • The other driver’s employer – If the other driver was within the course and scope of his or her employment while driving, the employer may be vicariously liable for their employee’s negligence.
  • Insurance companies – If an insurance company fails to pay the benefits owed to you under its insurance policy, they may be named as a defendant.

What if I am partially at fault for my own accident?

Unfortunately, under North Carolina’s contributory negligence laws, you will not be able to recover damages from another party if you were partially at fault for your accident. However, many accident victims are not at all at fault for their own accidents and will therefore be able to recover damages from other parties. A personal injury attorney can carefully evaluate the facts of your case and help determine if you are entitled to damages after your accident.

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