Every traffic collision is different from the next. The type of vehicles, the way they collide and various other details influence what occurs during a collision. If a crash results in significant property damage and injuries for the people involved, they may need to pursue compensation.
Typically, the motorist at fault for the crash is culpable for any costs generated. They defray their financial liability with insurance coverage. Their liability coverage can pay for property damage and the costs associated with injuries. If they lack insurance or their policy is insufficient due to the major expenses generated by the wreck, then the people harmed by the crash may pursue a personal injury lawsuit. In such cases, the party at fault for the collision may try to avoid responsibility, possibly by blaming the plaintiff. They might insist that the other party involved in the crash is partially responsible.
How can partial fault affect compensation claims after collisions?
Partial fault prevents successful litigation
Every state has different policies regarding contributory negligence or comparative fault. These legal terms refer to the partial responsibility that parties may have for crashes and other incidents that result in injuries.
North Carolina has a pure contributory negligence statute. This unfortunately means that any degree of personal responsibility prohibits a plaintiff from securing compensation through a personal injury lawsuit. However, the burden of proof is on the defendant to show that the contributory negligence rule applies.
They must convince the courts that a preponderance of the evidence shows that the plaintiff helped cause the crash through misconduct or negligence on the road. They may make such claims in response to a pending personal injury lawsuit. The courts can review their allegations and determine what degree of fault the plaintiff may have. Even 1% of fault for the crash can be enough to eliminate the option of pursuing a lawsuit.
Those hoping to take legal action after a motor vehicle collision may need to review the situation carefully with a skilled legal team and prepare to respond assertively to allegations of contributory negligence. Getting the right support when seeking compensation after a car crash can help people pursue the compensation they deserve following a major wreck.
