Automobile accidents occur on a daily basis for numerous different reasons. When a person is involved in an automobile accident they will either be responsible for the injury or be entitled to restitution. This is typically determined by which motorist in question was at fault under the tort law of negligence.
In North Carolina to establish a prima facie negligence, the plaintiff must show:
- That a duty was owed
- That the duty owed was breached
- That the breach was the legal cause of the accident
- That as a result damages were incurred
Once the plaintiff meets all of these elements he or she will be entitled to compensatory damages that are both economical and non economical. However, North Carolina is a contributory negligence jurisdiction. What this means is that if the court finds that the plaintiff contributed so much as 1 percent of the negligence they will be completely barred from any recovery. This is an affirmative defense for the defendant who can show facts and circumstances where the plaintiff was at fault as well.
Each case surrounding the accident is different and might call for a specified investigation of the facts. It is important to consult with an attorney as soon as the accident occurs for the proper steps to be taken and your rights to be protected. Furthermore, it is crucial not to discuss the accident with any insurance representative or admit liability at the outset of the accident. Our perception at times can be hazy as to who or what might have caused the collision especially after experiencing an impact.