How is fault determined in an auto accident?

When it comes to auto accidents, fault is determined by North Carolina’s law of contributory negligence. This law states that if an individual is found to be even 1% at fault for the accident, then that person cannot recover any of their damages from the other driver. This means that both drivers involved in the accident must take responsibility for their roles in the accident. The first step in determining fault in an auto accident is determining which driver breached their legal duty of care. Generally, this means each driver must act as a reasonably prudent person under the circumstances. In order to decide who was more at fault for the accident, the court will look at what actions each driver took or failed to take before the accident occurred. The court may also look at any evidence from the accident, such as skid marks, vehicle damage, and witnesses. This evidence can help determine which driver was responsible for the accident, and by how much. In North Carolina, the court will also look at any comparative negligence or contributory negligence that may have occurred. Contributory negligence means that a person’s negligence contributed to the accident even if they were not primarily at fault. Comparative negligence means that both parties were partially at fault for the accident. Ultimately, determining fault in an auto accident can be a complicated and lengthy process. It is important to have an experienced and knowledgeable attorney by your side if you find yourself in this situation. An attorney can help ensure that your interests are protected every step of the way.

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