Common Causes of Car Accidents and How to Prove Liability

Car accidents happen for a variety of reasons, and determining fault is often the key to securing compensation. In North Carolina, liability is a crucial factor in personal injury claims. Since the state follows a contributory negligence rule, even a small degree of fault on the victim’s part can prevent recovery. Understanding common car accident causes and how to prove responsibility can strengthen a case.

Frequent Causes of Car Accidents in North Carolina

Every crash is different, but certain factors contribute to many collisions. Identifying the cause is the first step in proving fault and holding the responsible party accountable.

Distracted Driving

One of the leading causes of accidents is driver distraction. Texting, eating, adjusting the radio, or using a GPS system can take attention away from the road. Even a brief lapse in focus can lead to a serious collision. Proving distraction often requires phone records, surveillance footage, or witness statements.

Speeding and Reckless Driving

Driving above the speed limit reduces reaction time and increases the force of impact in a crash. Reckless maneuvers such as weaving through traffic, tailgating, or running red lights put everyone at risk. Traffic camera footage, accident reconstruction reports, and skid mark analysis can help establish that excessive speed played a role in an accident.

Driving Under the Influence

Alcohol and drugs impair judgment, reaction time, and coordination. North Carolina has strict laws against impaired driving, but crashes still happen due to drunk or drugged motorists. Police reports, breathalyzer results, and witness statements are critical in proving intoxication as a factor in an accident.

Failing to Yield

Intersections and merging lanes require drivers to follow right-of-way rules. Failing to yield often leads to dangerous T-bone or side-impact collisions. Dashcam footage, traffic camera recordings, and statements from bystanders can support a claim that another driver ignored traffic laws.

Poor Weather and Road Conditions

Rain, fog, and ice make driving hazardous. While drivers cannot control the weather, they are still responsible for adjusting their driving to match conditions. Hydroplaning, loss of traction, and low visibility can contribute to wrecks. Accident reports, weather records, and expert testimony can help show whether a driver failed to exercise proper caution.

Steps to Establish Liability After an Accident

Proving fault requires evidence. Insurance companies and courts rely on solid documentation to determine responsibility. Taking the right steps after an accident can make a significant difference in the outcome of a claim.

Gather Evidence at the Scene

If physically able, collecting information immediately after an accident can help establish liability. Useful evidence includes:

Photos of vehicle damage, skid marks, and road conditions
Contact details of all involved parties and witnesses
Statements from bystanders who saw the crash occur
Dashcam or surveillance footage from nearby buildings

Obtain the Police Report

Law enforcement officers document accidents and note any violations. A police report can serve as an official record of the incident, identifying contributing factors and offering an unbiased perspective. In cases where citations were issued, they can help prove another driver’s negligence.

Work with Expert Witnesses

Accident reconstruction experts analyze crash scenes to determine what happened and who was at fault. Medical professionals can provide reports linking injuries to the collision. These expert opinions add weight to a claim and help clarify liability.

Use Medical Records

Seeking medical attention after an accident not only ensures proper care but also creates a documented connection between the crash and any injuries sustained. Medical records, doctors’ notes, and treatment plans provide evidence of the severity of harm caused by the accident.

Communicate Carefully with Insurance Companies

Insurance adjusters often look for reasons to minimize payouts. It’s important to stick to the facts when speaking with them and avoid admitting any level of fault. Any recorded statements should be reviewed carefully before providing them. An attorney can assist in handling negotiations to protect a claim.

Challenges in Proving Fault Under North Carolina Law

North Carolina follows a contributory negligence rule, which means if a person is found even 1% at fault for an accident, they may not recover compensation. This makes proving liability more difficult compared to states with comparative negligence laws. Defendants and insurance companies often attempt to shift blame onto victims to avoid paying claims.

To counter these challenges, victims need strong evidence and skilled legal representation. A personal injury lawyer can help present a compelling case that highlights the other party’s negligence while defending against any claims of shared fault.

Conclusion

Proving fault in a car accident is essential for securing compensation, especially in North Carolina, where contributory negligence laws create additional obstacles. Solid evidence, expert opinions, and careful documentation can make all the difference in establishing liability.

The legal team at Ward and Smith understands the complexities of car accident cases and can help build a strong claim. If you or a loved one has been injured in a crash, contact Ward and Smith today to discuss your options and protect your rights.