How does liability for a car accident get determined?

Liability for a car accident in North Carolina is determined based on the concept of negligence. This means that one of the drivers involved must be found to have acted carelessly and caused the crash. To prove negligence, the elements of duty, breach, causation, and damages must be present. The duty is a legal obligation for one person to take care to avoid causing harm to another. Every driver has a duty to drive responsibly and obey traffic laws. Breach means the driver failed to fulfill the duty. This is typically proven when a driver violates a traffic law or fails to act in a reasonable manner. The breach must be a direct cause of an accident. Causation refers to the connection between the breach of the duty and the accident that happened. This element must be established to prove that the breach was the direct cause of the accident. Finally, the damages element requires proof that someone was harmed, either physically or financially, by the accident. If all elements of negligence are present, then the court can assign liability for the accident. The driver who was negligent may be liable for any damages that resulted from the accident. The court will also usually consider the degree of fault of both drivers involved, which may affect the amount of damages they must pay.

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How does liability for a car accident get determined?

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