Fighting a Comparative Fault Defense

If you were involved in an accident in North Carolina caused by a negligent driver, filing a personal injury claim should be one of your priorities. However, as North Carolina follows modified comparative fault laws, you can expect that the other driver’s legal team will work hard to show liability on your part, too.

In a modified comparative fault state, a court can assign a percentage of fault to each party involved in the accident based on the evidence presented. For instance, suppose the other driver was discovered to be driving over the speed limit at the time. In other states, 100 percent of the blame is typically placed on him or her, which means you are likely to be awarded the maximum compensation amount that you are entitled to.

Kurtz Blum, PLLC | Raleigh Criminal Lawyers

However, suppose you were revealed to have sent a text message a few seconds before the accident. If it is successfully shown that you were distracted while driving, the court can decide that you share part of the blame for the accident. In this regard, the ruling will consequently lessen the compensation amount you are entitled to, or worse, you will receive nothing at all.

Such a scenario can be avoided if you’re upfront with your lawyer from the start. Your attorney can at least prepare and tailor your defense according to your account, which could potentially improve the chances that you receive the best outcome.


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