How is fault determined following a car crash in North Carolina?

On Behalf of | Mar 10, 2023 | Motor Vehicle Accidents |

Most car accidents are generally attributable to someone’s negligent, reckless or unlawful actions. If you are involved in a car crash that is not your fault, you may be entitled to financial restitution for any resulting medical bills, lost income and other related losses.

To successfully pursue your claim, however, you must prove that the other party was at fault. In other words, you must prove that they owed you a duty of care and that their breach of that duty of care led to your injuries.

Understanding North Carolina car accident rules

Every state has its own laws regarding car accident claims. Basically, you need to understand the following doctrines when pursuing a car accident claim in North Carolina:

Fault state approach – North Carolina is a fault-based state. This means that if you suffer damages due to another party’s negligence, you can generally pursue them for compensation for your medical bills, vehicle repair, lost income, pain and suffering and more.

Pure contributory negligence – North Carolina applies the doctrine of pure contributory negligence. Per this doctrine, you may not be eligible for compensation if you are partly to blame for the accident (even if your contribution was only 1%).

Statute of limitations – Like all other states, North Carolina has a time limit within which you can pursue a liable party for damages. This is known as a statute of limitations. Per the North Carolina statute of limitations for civil claims, you have up to three years from the date of the accident to file a lawsuit in civil court.

Protecting your rights

If you or someone you love is hurt in an accident that was caused by someone else’s negligent, reckless or intentional actions, do not sit back and do nothing about it. Knowing your legal options can help you protect your rights while pursuing damages following a car wreck.