How Can We Help?

Who Is At Fault In A Rear-End Fender Bender In NC?

You are here:

Determining Fault In A Rear End Vehicle Accident

The concept that the driver in the rear is at fault for an auto accident is not necessarily applicable in all cases. While it is common that the law of vehicular control does come into play in many rear-end accidents, Car Accident Lawyers NCthere is no hard rule that this will be the final result. All auto accidents in North Carolina will include an assessment for comparative negligence, which is the legal doctrine that multiple drivers may be at fault for causing a collision. This always works to the benefit of insurance providers in North Carolina due to the state’s restrictive contributory negligence law in auto accidents. Our North Carolina car accident attorneys realize they have to investigate accident cases diligently when representing clients.

Insurance Company Role in Determining Causation

One of the primary issues in North Carolina car accidents is that the respondent insurance companies make the initial decision regarding fault. And North Carolina contributory negligence law holds that any driver with even 1% of assigned comparative negligence fault can be denied any financial compensation for injuries received in an accident. This includes rear-end accidents. It also means that a driver who strikes another vehicle but is only 99% at fault will not be required to pay damages. This is an antiquated law, and it is in place to protect the very insurance company that will be attempting to spread fault among any and all drivers.

Competing Versions of Events

Luckily for North Carolina drivers, the determination of the insurance companies is not the final say in how the case will be settled. Each driver has the right to retain legal counsel who can also conduct an Kellum Law Firm - Injury and Car Accident Lawyers in New Bern NCindependent investigation into what transpired in defending their client from any comparative negligence assignment. North Carolina car accident attorneys can craft a version of events protecting their client while pinpointing weaknesses or questioning the judgement of the determining insurance provider that may be compromised by alleviating themselves from payment responsibility. This is assuredly a problem in North Carolina accident claims. The jury makes the final call on fault and reasonable duty of care between involved drivers.

Understanding the Law of Vehicular Control

All motorists on the highways are required to maintain forward control of their vehicle. This is the essence of the rear-end collision accident investigation. Those in the rear are typically at fault to some degree. This is also why it is important to follow several car lengths behind vehicles while in transit. However, this is also difficult to do in congested traffic when other drivers are moving in and out of traffic in an offensive fashion. Driving defensively is imperative in North Carolina because many other drivers do not. Staying as much as 4-5 car lengths behind the vehicle in front is a good guideline. In addition, braking regularly can help as well, and especially when the vehicle in front is braking regularly. Many drivers will attempt to stop much too late to help the following driver maintain distance, so sometimes fault could rest on the front driver as well. This is exactly what the investigating insurance adjuster may claim in any case because it alleviates both insurance companies from liability for settlement payments.

Never think your accident injury claim is moot due to contributory negligence concerns. North Carolina car accident attorneys understand how to craft cases against insurance companies when accidents happen, and the accident attorney you choose can make a major difference in the case outcome.

Contact Kellum Law Firm Here
Was this article helpful?
3.5 out Of 5 Stars
5 Stars 0%
4 Stars 50%
3 Stars 0%
2 Stars 50%
1 Stars 0%
How can we improve this article?
Please submit the reason for your vote so that we can improve the article.
Table of Contents