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Shapiro, Appleton & Duffan, P.C.

Is it necessary to prove that the other driver was at-fault in causing the accident to recover for an injury from the insurance company in North Carolina (NC) after a car wreck?

Yes.  It is necessary to prove that the driver of the other vehicle caused the wreck by being negligent.  Negligence is the failure to use ordinary care.  Negligence in a car wreck in North Carolina means the failure to obey the rules of the road that we are all familiar with including not following too close, not making an improper lane change, yielding the right of way when required, not speeding, keeping a proper lookout, and keeping your car under proper control.  In addition, the law of North Carolina that applies to automobile accidents in the law of contributory negligence which says that if the person who was hurt was even 1 percent at-fault in causing an accident, then they are not entitled to recover anything. 

This harsh law is not the rule in most states in the United States but is the law of Virginia, North Carolina, Maryland, Washington, D.C. and the state of Alabama.  In these states, in order to recover compensation, it is necessary that the person who is hurt show that they were free from fault themselves in causing the car accident.

About the editors: The motto at Shapiro, Appleton & Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

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