North Carolina is an“at-fault” state for vehicle accidents and bases awards on contributory negligence to determine that fault. Under contributory negligence, a person who is found to be responsible for the accident must pay damages to the other driver, passenger, or property owner if they need repairs or medical treatment. Typically, the injured driver will receive monetary compensation from the insurance company of the at-fault driver. North Carolina follows a pure contributory negligence rule, which means that if a person contributed to a car accident in even the slightest way, he or she cannot recover compensation.
File a claim.
There are different ways to file your insurance claim based on how quickly you need funding: 1) file an insurance claim with your insurer and your insurance company will seek the compensation from the insurance company of the at-fault driver; 2) contact the other driver’s insurance company directly to ensure you receive the compensation you need to recover by giving them a call and providing a written notice of your intent to file a claim afterward, or 3) file a lawsuit: Taking the other driver to court may seem like an extreme measure, but it could yield the best outcome.
Claims of Negligence.
Truck accidents often stem from the negligence of drivers, and other factors affecting driving patterns on busy North Carolina roadways. Negligence is a “cause of action whereby a person’s conduct falls below the standard established by law for the protection of others against unreasonable risk of harm” according The Restatement (Second) of Torts. When a person’s actions, or omission to act, violate negligence standards, the law requires the violating person to compensate the injured parties.
Elements of Negligence.
- An owed duty of care between parties;
- a breach of duty;
- causal connection between the defendant’s conduct resulting in the harm;
- proximate cause;
- measurable damages due to defendant’s conduct.
Loss of life.
North Carolina imposes laws regarding loss of life caused by a car accident through the wrongful death statute. Compensation for any loss sustained because of the car accident, due to partial or full negligence of another party, may be available through a legal settlement to pay significant damages. medical expenses, loss of wages, or other life-altering events that can negatively affect your
To receive compensation after a car accident in North Carolina, it is necessary to prove the other driver was 100% at fault for what happened. To prove fault, the following reports will be needed.
- Visual evidence: photographs taken at the scene and pictures of injuries.
- Witness testimony: If there were any people at the scene, including passengers, their testimony can be valuable.
- Police reports: When police arrive at the scene or when you file a police report, officers will be taking notes. They have an objective perspective and will document the events of the accident more precisely than the drivers after a collision. Their version of events could help your case.
- Medical bills: The amount of your settlement is largely contingent on the extent of your injuries. If you were severely injured, go to the doctor and keep records of the treatment, tests, prescriptions, and bills you receive.
Call an attorney.
If you have been involved in a truck accident in Harnett County NC, contact a professional truck accident attorney at the law offices of Kelly & West .
Phone: (910) 893-8183
Toll Free: (800) 936-3133
Restatement (Second) of Torts § 402A cmt. b (Am. Law Inst. 1965). Citing to the Second Restatement and the comment to a specific section.