Breaking Down Fault In An Accident

Proving fault is an essential piece of a personal injury claim, as it affects whether or not you can recover compensation. For someone to be considered at fault, they must meet these criteria:

  • They owed you a duty of care
  • They breached that duty
  • Their negligence resulted in injury

But what does this mean?

"Duty of care" refers to an implied or statutory duty, which in the case of a car accident, would mean the caution or laws every driver needs to adhere to in operating a motor vehicle. For example, every driver is expected to follow the rules of the road. By operating a vehicle, you automatically have a duty to not behave recklessly or negligently.

When someone breaches this duty and causes physical harm to someone else, they can be held liable for their actions. This does not mean that you should give up on filing a claim if you think you are responsible though, as many factors can play into an accident.

How Important Is A Personal Injury Lawyer?

North Carolina is a contributory negligence state, which means you cannot receive compensation from a personal injury claim if you are shown to have any fault in the accident. This can make it extremely difficult to successfully file without legal help.

Our attorneys at The Law Firm of Ledbetter & Titsworth, P.A., have been helping auto accident victims for decades. We know how to make a full assessment of your situation and advocate for your right to compensation.

Once you meet with one of our skilled lawyers, we can begin analyzing the accident scene, as well as any police reports or photos that could benefit you. Witness statements are another resource that could prove helpful to your case.

Find An Attorney Who Is Right For You

North Carolina does not make the personal injury process easy, so you need to find an attorney who understands state laws and who is trustworthy and invested in your needs. At our firm, all of our clients are part of our team.

To meet one-on-one with an attorney about your case, email us or call 919-297-2372. We help clients throughout Cary, Raleigh and the Triangle.