You can sue if you were partially to blame for a car accident if certain exceptions apply, such as when the other driver was grossly negligent or reckless. However, North Carolina’s contributory negligence rule usually prevents you from recovering damages, even if you were a little at fault for the accident.
This strict law makes it highly important to carefully examine who is to blame. A Charlotte car accident lawyer from our firm can help you understand these rules and explore ways to seek compensation, even if you share some of the blame. You can learn more during a free consultation with our team.
What Is Negligence?
Negligence occurs when someone doesn’t act as carefully as they should, and their actions (or lack of actions) harm another person. For example, a driver who speeds or ignores a stop sign is acting negligently because they’re not following the rules that help keep everyone safe.
Generally, the legal concept of negligence is a basis for personal injury cases, including those involving car accidents. However, proving negligence occurred and caused the accident is only part of what is required.
We must also show how negligence directly caused the party’s injuries. This means we must also prove the following:
- The at-fault driver owed a duty of care to the injured party under the law.
- The at-fault party violated that duty through their actions or inactions.
- Their carelessness or recklessness caused the injured party to suffer financial and non-financial losses, such as medical bills, lost income, and pain and suffering.
We can explain further what negligence is in your personal injury claim and how it affects your legal options when we talk with you about your accident.
How does Negligence Differ from Contributory Negligence?
Negligence is a general rule that applies when someone’s careless actions cause harm. For example, if a driver runs a red light and hits another car, they are negligent because they didn’t act responsibly.
Contributory negligence, on the other hand, is a specific rule used in North Carolina. It means you can’t get compensation if you were even a little bit at fault for the accident.
For instance, if you were slightly speeding when another driver ran a red light and hit you, the contributory negligence rule could prevent you from making a claim. Even if the other driver was mostly to blame, sharing any level of fault in the crash could prevent you from recovering compensation for your losses.
Are There Exceptions to Contributory Negligence?
The contributory negligence rule might not apply in certain instances, such as the following:
- Gross negligence or reckless behavior: If the other driver was very careless or did something dangerous on purpose, they might still be responsible for the accident.
- Last clear chance doctrine: This rule applies if the other driver had the final opportunity to prevent the accident but failed to do so. For example, if they saw you but failed to stop, this rule could help you.
Because even a small amount of blame can stop you from getting compensation under North Carolina’s laws, we can determine if it is possible to contest contributory negligence in court.
If someone accuses you of being at fault for the crash, our lawyers can present evidence to show you weren’t responsible for the accident.
For a free legal consultation, call (877) 333-1000
Why Legal Representation Is Critical in Partial Fault Cases
North Carolina’s strict laws make it hard to prove you weren’t at fault, even if you are responsible for the crash by a small amount. Our personal injury lawyers in Charlotte know how to collect evidence, find witnesses, and build a strong case to show you weren’t responsible.
During your free consultation, we will also explain exceptions to the rule and how we can protect your rights. Without a lawyer, it’s much harder to win these kinds of cases.
How Our Lawyers Can Help You With a Partial Fault Accident
If you were partially to blame for a car accident in North Carolina, our car accident attorneys may be able to recover damages for you.
We can:
Investigate Fault and Gathering Evidence
Figuring out who is to blame is very important in North Carolina because even a small percentage of fault on your part can stop you from recovering compensation. Our lawyers will look closely at your accident.
We will review police reports, collect photos and videos, talk to witnesses, and work with experts if needed. We will work to build your case and prove that you were not at fault.
Navigate Insurance Negotiations and Legal Exceptions
Talking with insurance companies about a damages claim after a crash can be stressful, especially if they try to blame you for the accident. Our lawyers know how to handle these situations and will speak with the insurance company for you.
We will also look at whether special rules, like gross negligence or the last clear chance doctrine, could help your case. These rules might allow you to get compensation even if you share some blame.
Provide Guidance on Whether a Damages Claim Is Possible
Not every case is simple, and North Carolina’s rules about fault can make it hard to win a claim. We will review your case and explain your options in easy-to-understand terms.
If we think you can move forward with a claim, we’ll guide you through every step. If not, we’ll be honest with you and help you explore other options.
By working with our Charlotte car accident lawyers, you’ll have someone on your side who knows the law and can advocate for you and fight to protect your rights, even if the situation seems complex.
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What if the Other Driver Admits to Being More At Fault Than You?
If the other driver admits they were more at fault, this could help your case. Their statement could be used as evidence to prove they caused the accident.
However, insurance companies and courts might still look at all the facts before deciding fault, so it’s important to have a lawyer gather additional evidence to support your claim. Insurers can review police reports, witness statements, and other evidence before making a decision.
In your case, if an insurance company tries to blame you to avoid paying your claim, our lawyers can speak with their representative on your behalf and fight against unfair blame.
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We Can Determine if You Can Sue if You Are Partially At Fault for a Car Accident – Call Us
Whether you can sue if you were partially to blame for a car accident depends on various factors in your situation. North Carolina’s contributory negligence law makes it very challenging to recover damages, even if your role in the accident was minor.
Even a small mistake could stop you from making a claim. Still, you can explore your legal options with an attorney from DeMayo Law Offices. Our team has experience with these cases, so we can review the accident and explain the next steps we can take for you.
Since 1992, we have helped many people fight for their compensation and recovered over $1 billion for their losses. Call us today for a free consultation so we can learn how we can help you.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
