One law dictionary defines fault as “An improper act or omission, injurious to another, and transpiring through negligence, rashness, or ignorance.” Another defines it as “an error or mistake; all conduct falling below a certain standard.” When you are at fault for an event, and it causes harm, you are responsible for that harm, absent a defense. So, if you are driving on say Independence Blvd., or 277 or 485 in Charlotte NC and you are fiddling with your radio and fail to see traffic ahead of you has stopped and you hit the stopped car in front of you causing damage to that other vehicle. You are at FAULT and responsible for all of the harm (injuries and property damage etc.) that you cause.
Understanding Negligence in Charlotte Car Accidents
Negligence is the failure to exercise the same degree of care and caution as a reasonable person. In our example above, the question is would a reasonable person have spent the same amount of time fiddling with the radio if they were driving on the same road at the same time of day with similar traffic. Well, who answers that question, what would a reasonable person do? In theory, nobody really answers the question unless the case is denied, and it goes to a jury. The jury would have to decide if the conduct of the defendant, driver of the car that hit the car ahead, was reasonable or fell below the reasonable person standard of conduct.
The Four Elements of Negligence in a Charlotte Car Crash Case
Because we always to complicate things, there are actually four elements to negligence. In short, and as I tried to remember it in law school: duty, breach, cause and harm. The at fault party must owe a duty to the other party. In our example, drivers on the road owe a “duty” to pay attention and keep their vehicles under control so as to not make contact with other drivers on the road. So, we have a “duty” in our example. To be negligent you must “breach that duty”, as the driver did in our example when he/she ran into the car ahead which was stopped in traffic. The breach of the duty must be the “proximately cause” of the final element “harm.” In our example we know the “harm” was property damage. We have the four elements of negligence, sounds easy right? Well, does the driver have any defenses?
Contributory Negligence: A Harsh Rule for Charlotte Drivers
Contributory negligence is the type of negligence we have in North Carolina which means we have it in Charlotte. Honestly it is awful and a holdover from the very old days. Most states have matured and realized it is a bad law and changed their form of negligence. Contributory negligence basically says that if you contribute at all to the event that caused the harm, you are barred from any recovery. This is very different than say South Carolina which has comparative negligence so in the same example of being 1% at fault you would be entitled to 99% of the value of your claim, instead of Charlotte’s 0% value of your claim. It is an affirmative defense so if the jury finds that the defendant was negligent and the plaintiff was contributorily negligent, the plaintiff gets zero.
Assumption of Risk in Charlotte Car Accident Claims
Assumption of the risk is another affirmative defense often raised when the plaintiff is involved in an inherently dangerous activity. The argument is that by participating in the dangerous activity you assumed that you might get harmed and therefore you assumed responsibility for the harm to yourself. A skier assumes the risk they might fall and get hurt while skiing. Another example is saying you are out drinking at a bar in Charlotte with some friends. You watch your designated driver do 6 tequila shots with beer chasers and then you get in the car with them, and they wreck. The defense is you assumed the risk of an accident an injury when you got in the car with someone you knew or should have known was impaired. The defense if successful bars your claim.
Statute of Limitations for Car Accident Lawsuits in Charlotte
What if you take your sweet time to try and resolve your case? The statute of limitations is another affirmative defense. Different types of causes of action have different statute of limitations. There can even be differences based on who you are bringing the claim against or even who is making the claim. It can be complicated. A statute of limitations works to time bar a claim. Why, you may be wondering? Apparently, we don’t want claims lingering forever so you need to bring it or lose it. Generally, you must resolve your claim before the time to bring your claim expires or file a lawsuit (and service) before that time expires (and if you have not gotten service keep the summons alive). Your lawsuit (with proper handling of the summons) will toll the statute of limitations. The length of time you have before the statute of limitations expires can be different for the type of case, say a tort action versus a contract action. It can also be different for a minor bringing the cause of action versus an adult or a deceased person. It can also be different if you are suing an individual versus a state entity. Sound complicated enough.
Investigating Fault in a Charlotte Rear-End Collision
So, you were driving down Park Road in Charlotte, You were approaching the light at Park Road shopping center, maybe thinking about a fish and chips at Sir. Edmund Haileys, when the cars ahead of you begin slowing for a light change, you do to and end up coming to a complete stop in traffic. The driver behind you, in the F150 pickup truck, is thinking about Good Food on Montford, but with his eyes closed. He drives right into the rear of your car pushing you into the car ahead. How do we determine fault. It Looks simple, but let’s walk through it. “Determining fault” really means “proving fault.”
What Evidence Helps Prove Fault in Charlotte Car Accidents?
The parties involved have their statements about what they believe happened, and of course they are a little biased as they are involved in the event. An investigating officer will have a theory of what caused the collision. He or She may or may not share with others their opinions, they have become almost worthless when it comes to collisions and police reports and investigations. I am sorry, I have friends who are state Troopers, and I am not blaming them but rather their leadership. The police report, which is the officer/trooper’s investigative report frequently lacks relevant information. You also have witnesses who often are the best evidence of fault. Since you can’t trust an investigating officer to get the witnesses’ name or information, it is important to get that information yourself at the scene, don’t rely on the state investigating agency, ever. Pictures of the vehicles, the parties and the scene can prove very helpful in later understanding what happened. Skid marks and vehicle position tell A story. In our example did the driver of the car ahead say he felt two impacts or one? This is relevant to determine whether he/she is going to say you hit them first and then when you were hit by the car behind you, you hit the car ahead a second time? Anyone get a traffic ticket? If so, and the party pays it or is found guilty that can be evidence of fault, if the ticket is relevant for fault, like following too close etc. Frequently these get dismissed or negotiated to a nonmoving violation. In our office, whenever we see the other party has been issued a ticket, we send a letter to the district attorney’s office asking that it not be dismissed and suggest possible resolutions.
Accident Reconstruction and Expert Testimony in Charlotte Cases
Sometimes, the accident is so severe the parties are not able to tell us what happened. Sometimes there are no witnesses, or they have an incomplete understanding of what happened. In cases like this, accident reconstructionists are often employed to try and recreate what happened based on the evidence like the amount and type of property damage, location of vehicles and internal vehicle data. These are very expensive experts who still need access to as much accident data as possible to be accurate in their conclusions.
Why You Need an Experienced Charlotte Injury Lawyer
Frequently it is the experienced injury lawyer whose investigative team uncovers much of the relevant evidence. The insurance company is quick to investigate to try and prove their insured is innocent or the other driver was contributorily negligent. It is important you hire an experienced injury lawyer as soon as possible so they have access to the information the insurance company is collecting and that which the insurance company is ignoring. It is the experienced injury lawyer who fights for your rights, the sooner you let them get started the better. Contact us for a free consultation.
