The Law Offices of John M. McCabe, P.A.
Free Initial Consultations
Toll Free: 877-320-1851 | Phone: 919-899-9852
Call Us Now

Do car accident victims investigate the accident themselves?

When a loved one has been injured in an auto accident, one of the first things a Cary, North Carolina, family might want to know is whether the other driver involved got a ticket or is facing some sort of criminal charge. Whether the driver was doing something as common as speeding or was dangerously driving under the influence, a citation or charge against the other driver implies the other driver is financially responsible for the accident.

Indeed, a ticket is a sign that another driver was negligent and should compensate anyone injured in connection with the accident for lost wages, medical bills and pain and suffering. However, North Carolina victims and their families should resist the urge to assume the case is a slam-dunk, and, therefore, just deal with the other driver or his insurance company directly.

For one, North Carolina still follows the traditional doctrine of "contributory negligence." This means that even if another driver got charged or faces a traffic ticket, the injured person cannot recover compensation if he or she was even partially at fault for the accident. While this is subject to change, for now, accident victims must demonstrate that they had no legal responsibility for the accident.

Moreover, even if North Carolina does eventually change its law, an investigation after an accident is still important, even after another driver gets a ticket. For example, an injured person must still prove the dollar amount lost as a result of the injuries because neither a court nor an insurance company will usually accept dollar figures on one's say-so. Moreover, the injured person must still prove that the injuries were caused by the other driver's negligence and were not pre-existing or more appropriately attributable to something else.

No Comments

Leave a comment
Comment Information

Here's what other attorneys are saying...

"John is a great lawyer who works super hard for his clients. The results he obtains for his clients are phenomenal." - Brian Davis

Read More
Book

John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

  • Rated by | Super Lawyers | John M. McCabe | SuperLawyers.com
  • Avvo Rating 10.0 superb | Top Attorney Personal Injury
  • National Association of distinguished counsel | Nation's Top one percent 2017 | NADC
  • The Verdict Club | VC | Premier Trial Lawyers
  • Best Law Firms in North Carolina 2018
  • Nations's Premier | Top Ten Attorney Personal Injury | NAOPIA
  • 2014 | Litigator Awards | Ranked Top 1% of Lawyers

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Office Location

The Law Offices of John M. McCabe, P.A.
1130 Kildaire Farm Road
Suite 230
Cary, NC 27511

Toll Free: 877-320-1851
Phone: 919-899-9852
Fax: 919-833-3371
Cary Law Office Map