One of the most common legal processes is the determination of fault. Despite how common this is, determining who is at fault in a car accident can be a deeply complex procedure. Even a minor accident can have significant twists and turns, with several parties having a stake in the case.
Sometimes, one person is clearly at fault in a car accident. Other times, two drivers share fault. Government bodies may be at fault. Trucking companies may be at fault. Car manufacturers may be at fault. With so many potential faulty parties, how can you easily navigate this process?
With a trustworthy car accident lawyer by your side, the convoluted landscape of fault can be simplified. At Payne Law Firm, we’re serious about protecting your rights in a car accident case. Our personal injury lawyers in Texas and North Carolina will guide you through the process, earning you proper compensation and making your voice heard.
In the following blog, we’ll discuss the intricacies of car accident law, along with how fault is determined. Who determines fault? Who might be at fault? How can you be compensated for someone else’s fault? We will answer all your questions below.
How to Determine Fault in a Car Accident
The United States does not have nationwide guidelines for determining fault. Each state has the choice to abide by certain systems. Payne Law Firm’s practice areas of Texas and North Carolina share different laws regarding fault. Let’s take a look at each state’s system.
Texas Fault Laws
Texas, like much of the United States, is an at-fault state. This means that the guilty party is responsible for compensating the injured party after an accident.
North Carolina Fault Laws
North Carolina uses a system called contributory negligence when determining fault. This means that if a driver can be blamed for the accident in any way, no matter how insignificant, they cannot receive compensation from a party at greater fault.
We will further discuss the differences between these laws later in this blog, but first, let’s discuss the conditions that make a driver fully at fault.
- It was the driver’s responsibility to keep the victim safe.
- The driver failed to protect the victim’s safety (whether by colliding with their vehicle, driving their vehicle off the road, or otherwise).
- The victim suffered injury and property damage solely because of the faulty driver’s actions.
Why Fault Matters
Identifying the at-fault party allows you to file a compensation claim against them. When you file a claim, you have an avenue to be reimbursed for injuries, property damage, lost wages, and more after a car accident. An experienced car accident attorney can identify what you deserve to be compensated for and will help you develop a claim, lawsuit, or criminal case, depending on the circumstances.
As we’ve discussed, fault is determined state by state, but knowing who is at fault in an accident is equally important nationwide. Fault can fall on parties you would least expect. Examples include road officials, auto manufacturers, repair shops, and more. In some cases, multiple parties will be at fault after a car accident.
Determining who is at fault in a car accident can be complicated, but this process is critical to earning you proper compensation. A skilled car accident lawyer will guide you every step of the way.
What Evidence Is Used to Determine Fault in a Car Accident Case?
The last thing an insurance company wants to do is compensate you for injuries. An insurance adjuster will examine heaps of evidence, including:
- Accident reports from police
- Witness testimony
- Photos/videos of injury and property damage
- Traffic citations
- Security and stoplight footage
Once all evidence has been investigated, the insurance company will determine who is at fault. They may accept your claim and pay you fairly, accept your claim and pay you unfairly, or deny your claim outright. If you are denied or offered unfair compensation, this is where we come in.
At Payne Law Firm, we earn our clients the compensation they deserve. If you’ve been denied payment or were offered an insignificant sum for your injuries, our expert car accident attorneys will make things right.
Elements of Negligence
Each state examines negligence differently. Most use the modified comparative negligence model, which means you can recover damages even if you are partially at fault. Under this model, you can receive compensation if you aren’t over 49 percent at fault.
Pure comparative negligence is the second most common model, and it is the most lenient. If you bring charges or file a claim, you can earn compensation reduced by your percentage of fault. So, even if you were 80 percent at fault, you can still recover 20 percent of the damages.
The least common model is contributory negligence, where a plaintiff cannot earn compensation if they are at fault in any way. Even if you were only 1% at fault, an insurance company can legally deny your claim.
Comparative Negligence in Texas
Victims must prove another party’s negligence to receive compensation from their insurance company. We briefly discussed the conditions that make a driver at fault earlier in this blog, but let’s refresh:
- The at-fault driver had a duty to carefully operate their vehicle and drive sensibly.
- The driver failed to drive sensibly, instead acting recklessly.
- Because of this recklessness, the at-fault driver caused the accident and its resulting injuries.
- The victim suffered injury and loss because of the accident and is entitled to just compensation
Payne Law Firm’s skilled car accident lawyers in Houston can help you receive proper compensation after an accident. You are entitled to physical, emotional, and financial damages, and we are serious about recovering your losses.
Contributory Negligence in North Carolina
North Carolina’s contributory negligence laws can bar you from receiving the justice you deserve. How so? Well, if you file a claim against an at-fault driver and they argue that you are even 1% responsible for the accident, you are at risk of losing the entirety of the compensation you are owed.
This may sound like a hopeless situation, but Payne Law Firm’s expert car accident attorneys in Charlotte know contributory negligence law inside and out. Insurance companies know that we fight tirelessly for our clients, using every possible resource to deliver justice. In an unfair system, you need serious representation.
Our Texas & North Carolina Car Accident Lawyers Are Ready to Help!
If you have been injured because of another driver’s actions, you won’t have to fight for your rights alone. Payne Law Firm has been a dependable car accident attorney in North Carolina and Texas since 2004, taking insurance companies to court and negotiating massive settlements.
Negligence laws vary by state, so you need a lawyer who knows the intricacies of each system. Car accident cases can be complex, but we do the heavy lifting. When you have Payne Law Firm on your side, you can relax and focus on your recovery.
We are serious about earning you fair compensation, and we’ll proudly fight alongside you. We don’t charge fees unless we win your case, so contact our team for a free consultation today.
