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How is negligence determined in a car accident?

No one starts their day with the expectation that they will be in a car accident. Unfortunately, many families in the North Carolina area are affected by a car accident every day. Some of these accidents are serious and cause injuries that may take months to recover from. If a North Carolina resident has been in a car accident it is important to find out who is at fault.

North Carolina is a contributory negligence state. In a contributory negligence state, every person has the duty to act in a reasonable way. If a person does not do this and an injury occurs, they may be held partially or entirely responsible for the accident, even if another party was involved in the accident. When an injured person files a negligence claim, the defendant may file a contributory negligence claim. That claim may state that the injured person was at least partially at fault for the accident. If the contributory negligence claim is proved, then the person may be barred from recovering damages or the amount of damages may be reduced.

North Carolina is one of the few remaining states that is a contributory negligence state. Because of the complications regarding this form of negligence, someone who has been hurt in an accident may want to get more information about their own unique circumstances. It may be necessary to visit the accident scene, interview witnesses and review police reports. Injured victims may be facing an uncertain future with medical bills, lost wages and emotional trauma.

Understanding North Carolina's negligence requirements is important for someone who has been injured in a car accident. If the accident was due to no fault of their own, victims may be able to attempt to recover damages for their injuries.

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

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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.

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  • National Association of distinguished counsel | Nation's Top one percent 2017 | NADC
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  • Nations's Premier | Top Ten Attorney Personal Injury | NAOPIA
  • 2014 | Litigator Awards | Ranked Top 1% of Lawyers
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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
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