Determining Fault in a Car Accident

Determining Fault in a Car AccidentOne unfortunate feature of our roadways is the virtual inevitability of car accidents. Often these accidents are caused by unexpected dangers, such as hazards on the roadway, reckless drivers, fatigued drivers, or simply bad judgment. Regardless of the reason, when a car crash happens, one of the first priorities among those who were injured is to determine fault. However, this can be a challenging process, especially when the circumstances of the crash and who caused it are not so clear.

For victims, it is important to determine fault because it moves the process forward for recovering damages that will help pay for lost wages, medical experiences and other damages resulting from the crash. The state of North Carolina operates under the legal doctrine of contributory negligence to determine and assign liability for an accident. Under this legal concept, a driver who bears any responsibility for the accident is unable to obtain compensation from the other party involved in the accident.

Assigning liability for a car accident involves a process of determining who was negligent or careless on the road.  Sometimes it is very difficult to establish the at-fault party. Therefore, car accident attorneys utilize investigative teams to search out and evaluate all the evidence available. This evidence can include police reports, eyewitnesses, medical records, personal testimonies, accident reconstruction and other information essential to proving the claim and pinpointing the responsible party.

In addition, if a driver on the road has violated traffic laws, that driver will likely bear liability for the crash. Some of these violations may include cutting across lanes of traffic recklessly, running a stop sign or red light, speeding, or performing an illegal turn.

Establishing fault for your car accident case

While you are at the scene of the crash, it is important to collect evidence if you can do so safely. Any evidence you can collect when the accident scene is fresh could make the difference in your claim. Some important pieces of evidence to remember to collect at the time of the collision include:

  • Verbal or written statements from witnesses at the scene
  • Filing a police report
  • Your personal statement and the statement of the other driver(s)
  • Photos of the crash scene, including vehicle damage and other property damage, position of the vehicles, etc.

Other important evidence needed for the claim will be gathered later, including medical bills and medical treatment records. Personal injury attorneys and insurance adjusters depend heavily on these pieces of evidence when handling car accident claims.

Were you injured in a car accident? If so, our experienced Charlotte car accident attorneys at Warren & Kallianos, PLLC are ready to help you build your case. We fight for your right to compensation under the law, helping you cover  losses and damages due to your injury. To setup up a free case review, call us today at 704.377.7777 or complete our convenient contact form.


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