Car accidents can leave you with physical injuries, financial burdens, and legal headaches. One of the most important things to understand in these cases is comparative negligence, the system that determines how fault is split between all parties. Knowing how this works is crucial because it directly affects how much you can get.
In this post, we’ll go over the basics of comparative negligence, how fault is determined in car accidents, and how working with a Raleigh car accident lawyer can help protect your rights and get you fair compensation.
Comparative Negligence
Comparative negligence is applied to personal injury cases to determine how fault is split between all parties. The concept allows an injured party to recover even if they are partially at fault for the accident. However, the amount of damages is directly affected by the amount of fault assigned to each party. There are two types of comparative negligence in the US: pure comparative negligence and modified comparative negligence.
Pure Comparative Negligence
Under pure comparative negligence rules, a plaintiff can recover damages no matter how much they were at fault in the accident. Even if the injured party was 99% responsible for the accident, they can still get 1% of the total damages. This system allows a party to recover based on their actual share of fault but also means a very at-fault party can still get damages, just reduced by their percentage of fault.
Modified Comparative Fault
In the modified comparative fault model, the limits are based on the degree of fault. In most states that have this system, a plaintiff can only recover if they are 50% or less at fault. Some states are even stricter, implementing the 51% bar rule, where you can’t recover if you’re 51% or more at fault. If your percentage of fault is above these thresholds, you get nothing. This approach is meant to balance out by allowing partial recovery for victims but not for very at-fault parties.
North Carolina and Contributory Negligence
North Carolina does not follow pure or modified comparative negligence. Instead, it follows contributory negligence, which is one of the strictest in the country. Under this rule, contributory negligence bars a plaintiff from recovering anything for their injuries or damages if they are 1% at fault for the accident. This means even a minor fault on the part of the injured party can mean no recovery at all.
While some states have moved to more lenient comparative negligence systems, North Carolina’s contributory negligence law is still a big obstacle for plaintiffs. Those involved in car accidents need to know this rule because it can make a big difference in being able to get compensation. But there are exceptions like the “last clear chance” doctrine, which can sometimes allow a plaintiff to recover even if partially at fault, but these are rare and need to be evaluated with an experienced lawyer.
Fault in Car Accidents
Determining fault in a motor vehicle accident is the first step in determining liability and damages. It involves evaluating all the factors to see how much each party is responsible for. This affects how damages are split especially in states where fault affects damages.
Fault and Percentage
In most car accident cases fault is determined by looking at the circumstances of the accident. For instance, if a driver exceeds the speed limit, this can significantly impact the determination of fault. Insurance adjusters, law enforcement, and attorneys will review police reports, accident scene evidence, and any traffic violations. Based on this analysis fault is assigned as a percentage. For example, one driver may be 70% at fault and the other 30%. This percentage is used to calculate the amount of damages each party is entitled to under comparative negligence rules.
Evidence and Witness Statements
Evidence is key in car accident cases. Evidence can also highlight an individual’s negligence, which can affect their ability to recover damages. Photos of the accident scene, damage to the vehicles, and surveillance footage can provide concrete facts of what happened. Witness statements can provide unbiased accounts of what happened which can support or refute the claims of the parties involved. The more evidence and the more comprehensive the better the determination of fault and the easier to assign responsibility.
Damages
Comparative negligence affects the amount of damages a car accident victim can recover after a car accident. The amount awarded is reduced by the percentage of fault assigned to each party. If you’re involved in an accident you need to understand how this works because it can make a big difference in the final settlement.
How Comparative Negligence Reduces Damages
In a comparative negligence system, the damages an accident victim gets are reduced by their percentage of fault. For example, if a plaintiff is awarded $100,000 in damages but is 30% at fault in the accident, their damages will be reduced by 30%, leaving them with $70,000. This way, parties only get damages for the part of the accident they weren’t responsible for.
The Role of the Law Firm
In comparative negligence states, the law firm plays a key role in making sure fault is determined fairly and damages are maximized. An experienced attorney can provide the expertise and resources to navigate the legal process and protect their client.
Gathering Evidence for the Case
One of the main responsibilities of a law firm in an auto accident case is to gather and analyze evidence. Attorneys will collect police reports, witness statements, accident scene photos, and any other relevant information. They may also work with accident reconstruction experts to get a clear picture of what happened. This comprehensive approach helps to build a strong case so the fault is determined correctly and the client’s role in the accident is minimized as much as possible.
Fighting for Fair Fault Determination
Attorneys are crucial in advocating for their clients during negotiations with insurance companies or in court. In comparative negligence cases, the percentage of fault can make a big difference in the outcome of the claim. A good attorney will challenge any unfair allocation of fault and try to reduce their client’s liability. This advocacy ensures their client gets the damages they deserve based on the correct assessment of responsibility, especially in states with the pure contributory negligence rule.
Navigating Comparative Negligence Cases
Comparative negligence can be tricky to navigate especially when dealing with insurance adjusters or opposing counsel. Having an experienced law firm means the injured party won’t be taken advantage of during the process. The law firm’s knowledge of local laws and ability to advocate for their client makes a big difference in comparative negligence states.
Involved in a Car Accident? Contact an Experienced Raleigh Car Accident Lawyer ASAP!
If you’ve been involved in a car accident and need help navigating the complexities of comparative negligence, don’t leave your case to chance. Our team at Mogy Law has the experience and dedication to fight for your rights and secure the compensation you deserve.
Contact us at (901) 443-9133 for a free case review!
