Being in a car accident can be a traumatic ordeal that results in life-changing injuries and ongoing mental trauma. Even if the accident was minor, the results may not be. It’s vital that you hire an experienced lawyer and move forward with a legal claim to hold the right people accountable for what has happened to you. However, proving fault can be difficult. It is helpful to know how to prove you are not at fault in a car accident in North Carolina. Grimes Yeoman has a helpful Glove Box Accident Guide regarding what to do when you are in accident and you can download it here
Throughout this ordeal, it is essential to have a reliable car accident attorney as you deal with the aftermath of a car accident. If you have never been involved with a personal injury case before, you may not know what to do next. The right lawyer can help you establish a car accident claim and fight for compensation. You will want someone on your side who understands North Carolina car accident laws as they apply to your case. Our firm can help.
Why Hire a Car Accident Lawyer?
There are multiple reasons why you should hire a car accident lawyer. Ultimately, you don’t know what to expect when you move forward with any kind of legal claim. An experienced and knowledgeable car accident attorney can anticipate setbacks and will know what it takes to be successful. At Grimes Yeoman, PLLC, our legal team knows what to expect during litigation due to our considerable experience. We can bring that experience to your case.
It’s important that you recognize how common car accidents are in North Carolina. Certain areas of the interstate, such as stretches of I-85, are considered quite deadly. According to recent information from the North Carolina Department of Motor Vehicles (DMV), 2024 saw over 284,500 vehicular crashes occur throughout the state, with over 73,000 of those resulting in injuries.
If you want to make a claim, you will only have three years in which to do so; however, if the accident results in a death, then the statute of limitations for a wrongful death claim is two years. If this statute of limitations runs out before you initiate your personal injury claim, your case will likely be dismissed, and you will have missed your chance to obtain compensation to cover your damages. For an in-depth discussion on the statute of limitations for a personal injury accident, please see our earlier blog on this subject at https://grimesyeoman.com/blog/north-carolinas-personal-injury-statutes-of-limitations-what-are-they-and-how-long-do-you-have-to-file-a-claim/.
How to Prove You Are Not at Fault in a Car Accident in North Carolina
Before you can move forward with your own legal claim against the negligent party that caused your accident, you will likely have to prove that you are not the one at fault. Proving your innocence after a car accident can be difficult, but wholly necessary. Your car accident lawyer can help you gather evidence to support your claim and determine what steps to take next. Here are some reliable ways that you can prove you are not at fault in a car accident:
Gather evidence. The most important thing you can do to support your case is gather as much evidence as you can find that backs your claim up. This evidence can take many different forms, including photographs of the accident scene, police reports, witness statements, and established medical records of your injuries. You may want to look around the scene for any surveillance cameras that may have caught the accident.
- Navigate the process correctly. The process of filing a legal claim can be overwhelming. There are a lot of opportunities to make mistakes. First and foremost, you should never admit fault. Let the evidence speak for itself, and let the insurance companies use that evidence to determine fault. Apologizing can even be seen as accepting blame for the accident. Be civil and honest, but do not admit fault. Let your lawyer communicate with the insurance companies.
- Investigate the accident. An investigation will determine exactly who is responsible for causing the accident. If you are found to have any part in causing it, it is likely you will not be compensated, the insurance company may try to argue you should not be allowed to recover under North Carolina’s For a discussion of North Carolina’s law, see our earlier video blog on this subject: https://youtu.be/ntvcZ4c1xjk
FAQs
How Do I Prove the Accident Wasn’t My Fault?
There are many ways you can prove that the accident wasn’t your fault, and it is important that you prove it quickly. You need to gather as much evidence as you can find that backs up your claim, including footage of the accident, which could be from sources such as a vehicle dashcam or ring doorbell, witness statements, police reports, and medical records. Have a lawyer help you build a compelling case and never admit fault to the other driver, the police, or any insurance company.
How Is Fault Determined in a Car Accident in North Carolina?
In North Carolina, fault is determined by either a judge or jury; however, insurance adjusters and legal professionals who thoroughly analyze all the evidence at their disposal will make competing arguments concerning who was at fault for the accident. They will go through every police report, witness statement, and all the physical evidence to reach a conclusion regarding who is at fault. In North Carolina, the driver who is found to be at fault is responsible for reimbursing the other party for the damages they have suffered.
How Can I Get Proof That I Didn’t Cause the Accident?
Gathering evidence of your innocence can sometimes be easier said than done. Your lawyer can help you obtain a lot of this evidence. Make sure you take plenty of photos and videos of the accident scene right after it happened, if possible. Survey the scene of the accident to determine if there could be video surveillance available from a business, home, or an intersection camera. Obtain the contact information of any witnesses who may be willing to provide a statement. Contact the police so you can get a copy of their report. The more evidence you have that supports you, the better. Grimes Yeoman has a Glove Box Accident Guide that you can download here.
Reach Out Today to Exceptional Car Accident Attorneys at Grimes Yeoman, PLLC
At Grimes Yeoman, PLLC, we know all that is at stake and what kind of assistance you will need to be successful with your car accident claim. Reach out to us to speak to a member of our team about how we can assist you.
