A car accident can be a stressful experience, and it can get hard to remember what to do next. To prove you are not at fault, you must prove someone else who is. To do this right, demonstrate the legal elements of negligence.
If the party at fault blames you for the crash, an accident attorney Raleigh NC, can help you gather evidence to establish your right to collect damages. If you do not stand against false allegations, the insurance company will deny your injury claims, footing the bills for all your losses. Read on to learn how to tackle the legal scene after a car accident.
Understanding what a fault is?
In the language of personal injury law, “fault” is the concept that allows an injured person to recover compensation for their harm. It is when another person or party is to blame for the accident. So, in a car accident case, the party at fault for the crash is usually financially responsible.
During a legal trial, you’ll have to prove:
- The law required the other person involved in the accident to be more careful.
- The other person’s action/negligence caused your injuries.
- You suffered losses as the outcome.
Suppose you’ve tried to resolve your car insurance claim independently, and the insurance company is disputing a crucial point or simply needs to come to the negotiating table with a reasonable settlement offer. In that case, you must file a car accident lawsuit in court.
The “I’ll see you in court” stance will get the insurance company to handle your claim more seriously. However, continuing to do it alone without the help of an accident attorney Raleigh NC, isn’t the best strategy.
What Is Pure Contributory Negligence in North Carolina?
Let’s say you are not at fault for a car accident. North Carolina uses a pure contributory negligence rule, meaning that if the court determines you are even at 1% at fault for an accident, you cannot compensate yourself for your losses. It is one great reason to hire an attorney to prove negligence and win cases.
How to Establish the Liability for an At-Fault Party?
- Duty of care
Everyone operating a motor vehicle on public streets must drive carefully following the traffic laws.
- Breach of duty
When someone violates their duty of care, they are negligent. For example, the other driver ran a red light, which was negligent. It breaches their duty to obey traffic laws.
- Causation
The careless act results in a collision. The accident would not have happened if the other driver hadn’t run a red light.
- Damages
You must have losses like medical bills and lost wages for a claim for compensation against the party at fault. If you and your car accident attorney Raleigh NC can prove all four factors, you can easily seek monetary damages for your injuries.
Fighting False Allegations of Fault
There are many ways to defend yourself from false allegations of collision. Your lawyer can use the right techniques depending on the facts of your situation. Here are a few examples for countering false allegations against you:
- A copy of a police report filed after the accident could prove that someone else was at fault.
- Accident reconstruction experts can take measurements and make calculations. It shows the speed at which the car was running to prove what happened.
- Video footage from security cameras on commercial or residential properties can prove that you did not cause the accident.
- Vehicles, like commercial trucks, have “black box” technology. It captures data your lawyer could use to prove you were not at fault and someone else caused the accident.
Recoverable Damages After Proving the At-Fault Party’s Negligence
The injured person can seek financial compensation from the liable party, which can include:
Lost wages
You may recover your lost wages if you missed your pay when you could not work due to injuries.
Future lost wages
Sometimes, people experience lingering symptoms even after a complete medical treatment. If these ongoing conditions affect the money they earn, the injury claim can include a request for monetary compensation.
Medical bills
Injury victims are generally eligible to recover the cost of the medical expenses they incurred to treat injuries.
Pain and suffering
The physical discomfort and emotional distress involved with severe car accident injuries are compensable in addition to your healthcare expenses.
The Bottom Line
Every car accident injury case is different and the actual monetary claims will depend on the specific facts of the situation. When you hire an accident attorney Raleigh NC you’ll get the best legal assistance in proving your side. Laura Jenkins is an experienced and reliable lawyer who handles car accident cases with hard work, honesty and compassion. Contact today at (919) 241-5002 for a free consultation.
