When it comes to car collisions, North Carolina is classified as an “at-fault” state, meaning that if you were injured in a car collision due to the negligence of another driver, the at-fault driver can be held liable for any damages that you incurred due to the accident. If you have been injured in a car collision in North Carolina due to the negligent actions of another driver, you may be entitled to compensation for your damages. Contact our experienced team of car accident attorneys at Tatum & Atkinson, ‘the Heavy Hitters’, to receive your free, no-obligation consultation by calling (800) 529-0804 or contacting us online.
At-Fault v. No-Fault States
Each state within the U.S. holds its own car insurance laws and will typically operate on either an “at-fault” or “no-fault” system. At-fault states will hold a driver found at fault for an accident liable for any damages they caused due to their negligence. In an at-fault state, after sustaining injuries in an accident, you will file a personal injury claim against the at-fault driver’s liability insurance company and/or the driver to receive compensation for your damages. Damages can include medical expenses, lost wages, pain and suffering, property damage, and more.
Conversely, in a no-fault state, drivers who become involved in an accident will need to turn to their own insurance policy to cover damages such as medical expenses or lost wages relating to the accident and will not be able to pursue compensation from another driver, even if they caused the accident. If you reside in a no-fault state, you will likely be required to hold PIP (personal injury protection) coverage. In some specific circumstances, no-fault states may allow victims to pursue compensation from an at-fault party if medical expenses are exceptional.
Is North Carolina a No-fault State for Auto Accidents?
No, North Carolina is not a no-fault state regarding car collision claims. North Carolina is an at-fault state, and the party responsible for the accident will be responsible for the damages they incurred. However, North Carolina also applies a rule known as contributory negligence. Contributory negligence provides that if a party contributed to a crash, they would no longer be eligible for compensation for their injuries. The contributory negligence rule can make car accident claims complex. In the U.S., only three other states utilize this system. Under contributory negligence laws, if you have been injured in a car accident, you will need to prove that the other driver caused your injuries due to their negligence and that you did not contribute to the accident in any way. Having an experienced personal injury lawyer fight for your right to fair compensation is the best way to protect your claim.
No-Fault Insurance
Does North Carolina Have No-Fault Auto Insurance?
As North Carolina is an at-fault state, it does not offer no-fault (PIP) insurance as no-fault states require. However, North Carolina offers MedPay coverage, which will be available for car accident injury victims to cover their car accident-related injuries immediately after an accident, regardless of who was at fault.
How Can an Attorney Prove Who Was at Fault in North Carolina?
In order for a car accident injury victim to receive compensation for their injuries in North Carolina, the victim will be required to prove that the other driver was responsible for the victims and was behaving negligently. Fault can be challenging to prove, especially if the other party denies negligence or claims you are at fault. A car accident attorney can help guide you through the personal injury claim process and help establish fault in a case.
To prove fault, your attorney must demonstrate that the other party behaved negligently by failing to use the caution and care that a reasonable person would use. You will also need to show that the other driver’s actions directly lead to sustaining damages, such as property damage and injuries. Your lawyer can help you prove fault by conducting an accident investigation and gathering evidence such as camera footage, police reports, medical records, witness statements, and more.
If you have been injured in a car collision due to the actions of another driver, you may be eligible to receive compensation for your damages, such as:
- Present and future medical expenses
- Lost wages
- Lost future earnings
- Pain and suffering
What Types of Evidence Can Prove Fault in a North Carolina Car Collision?
Various types of evidence may be used in a personal injury claim to indicate that a driver is at fault in a car crash. Evidence can include:
Police Report
Police reports can be very valuable evidence in a personal injury claim. They can provide important details surrounding the event that may be used later to supplement testimony.
Surveillance Footage
Surveillance footage may be available for nearby businesses, home security systems, or dash cams depicting the events of the accident.
Witness Testimony
Witness testimony can be a very valuable piece of evidence in a personal injury accident claim.
Expert Witnesses
Expert witnesses such as accident reconstructionists, medical experts, and more may help determine the events surrounding the accident and assist with determining fault of an accident.
North Carolina Car Accident Attorneys
If you have been involved in a collision and have sustained injuries due to another driver’s negligence, our experienced personal injury attorneys at Tatum & Atkinson ‘the Heavy Hitters’ are here to help. With over 65 years of collective experience, our lawyers may be able to help you receive compensation for your lost wages, pain and suffering, medical expenses, and more related to your accident.
Call us today at (800) 529-0804 or contact us online to discuss your case with an attorney by receiving a free and confidential case evaluation. We know how stressful the aftermath of a car accident can be and pride ourselves in being able to take some of the pressure off of our client’s back and allowing them to rest and recuperate while they can rest assured that we will fight tirelessly until we receive the best possible outcome for your case. If we take your case, you will pay no attorney’s fees out-of-pocket, and we will only get paid if we win your case.
