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What To Do When Fault Isn’t Obvious In A Car Accident

Fault Isn’t Obvious in a Car Accident

Determining fault in an automobile accident isn’t always cut-and-dried. It can in many cases be very difficult to prove that the other person was negligent or the cause of the accident for which you need to be compensated. Getting the financial recompense to which you’re entitled can become very complex in these cases, and having a strong ally is important when fighting insurance companies and other parties who deny responsibility. Learn what to do when the blame for an accident isn’t clear-cut, and how a car accident lawyer can help you get the compensation you deserve.

Treating Liability

There are two concepts you need to understand when it comes to liability in a car accident. These are comparative negligence and contributory negligence. These concepts exist to handle situations where both parties are considered to have been negligent or contributors in some way or another. For example, if a person is driving down the road and hits a pedestrian who suddenly runs out into the road, there could be blame on both sides.

Comparative Negligence

Comparative negligence divides the fault between the parties involved and determines compensation based on this division. In South Carolina, this is how liability is handled. In this state, recovery can be limited if the fault of the victim is more than a certain degree. That means if you are found to bear too much fault, you may be limited in what you can recover.

Contributory Negligence

In North Carolina, the doctrine of contributory negligence is used to handle car accidents. In contributory negligence, if it can be proved that the victim contributed to the accident in any way, liability may not be established at all.

Establishing Negligence

Both contributory and comparative negligence require establishing that the victim bore some fault in the accident. Insurance agencies and the other party will pull out all the stops to make it look like you were in some way at fault for what happened to you. If you aren’t prepared to fight back and prove that the defendant was the source of the negligence, it can be a long and hard road to getting compensated for your injuries.

This is why it is so important to have a qualified North Carolina and South Carolina vehicle accident attorney in your corner, to be sure you can prove you were a victim and deserve to be paid for the damages you suffered.

Car Accident Lawyer

Having a strong car accident lawyer in your corner is vital to making sure you are compensated for your injuries, and are able to get well and get your life back under control. Fighting for damages can be stressful and tiring, and only a South Carolina personal injury attorney can help you by taking the stress on themselves, fighting for your rights, and holding accountable those who are responsible. If you’ve been in an accident, check out more information and contact us to discuss the specifics of your case today.