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What Factors Are Examined to Determine Fault in Rear-End Collisions at Unmarked Intersections?

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Rear-end collisions can quickly occur at unmarked intersections. Generally, fault is assigned by determining which driver ignored the right of way. However, in other instances, the driver found to have engaged in reckless or careless driving may be at fault.

However, fault for all rear-end collisions is not always so easily determined. This is often true when a rear-end collision occurs at an unmarked intersection. For this reason, hiring an experienced car accident lawyer is always best if you have been involved in a rear-end collision.

An experienced lawyer can thoroughly evaluate the accident to determine who is liable. North Carolina has strict pure contributory negligence laws that may prevent you from obtaining any type of financial compensation if you are found to have any liability in causing the accident.

If you have questions about how fault is determined in rear-end collisions at unmarked intersections, contact our law office and ask to schedule a free consultation to discuss your case.

What is Contributory Negligence?

North Carolina is an “at-fault” state regarding auto accidents. At fault means the driver responsible for the motor vehicle accident must pay the other motorist all property damages and personal injury expenses.

Furthermore, North Carolina’s laws also have provisions that include a “pure” contributory negligence rule. Other states with contributory negligence laws on the books allow a plaintiff to recover damages if it is determined they contributed less than 50 or 51% to the accident. However, North Carolina law strictly prohibits individuals from recovering damages if they contributed in any way to the accident, even if their degree of fault is only one percent.

That being the case, if you have been in an accident where who is at fault is being disputed, you must hire a skilled attorney who can provide strong legal representation. If you have been injured, it is even more vital that you obtain legal counsel so they can assist you in obtaining financial compensation.

How Can I Prove Who is At Fault For a Rear-End Collision?

North Carolina’s contributory negligence laws being what they are, it is crucial to determine which driver is at fault for an accident. An unmarked intersection, also called an uncontrolled intersection, often exists in rural areas or residential neighborhoods. These uncontrolled intersections have no stop sign, traffic light, or other traffic control device.

In many cases, rear-end collisions are caused by the second driver following too closely and being unable to stop to avoid an accident. However, there are other common reasons why a rear-end collision may occur, including:

  • Distracted driving
  • Driver cell phone use.
  • Speeding
  • Defective brakes or balding tires.

A highly trained auto accident attorney can work to collect evidence to prove who is at fault for the accident. Some of the evidence that an attorney can use to determine fault includes:

  • Official accident reports from law enforcement agencies.
  • Eyewitness testimony
  • Dashcam footage
  • Video evidence from any cameras that may have captured the accident
  • Visual evidence such as property damage, skid marks, or debris.

Our law firm has attorneys with extensive experience collecting and analyzing data recovered from accident scenes. Contact our law offices to learn more about how we may be able to help.

What Are Common Rear-End Collision Injuries?

Even if a rear-end crash occurs at an intersection, the vehicle that caused the accident could be going at a rate of speed significant enough to cause severe injuries. Some of the most common injuries sustained in rear-end collisions include:

  • Whiplash
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Concussions
  • Soft tissue damage

If you have suffered injuries in a rear-end collision, you may be entitled to recover economic and non-economic damages.

Economic Damages

Economic damages are granted to the accident victim to repay them for money they spent out of pocket due to injury. Although the damages an individual ultimately may receive will vary from case to case, some that are commonly awarded include:

  • Past and future medical bills
  • Lost wages
  • Loss of earning potential
  • Property damage

In cases where the accident victim has sustained permanent life-altering injuries, economic damages may be awarded to help pay for skilled nursing care, ongoing medical treatments, or prescription drugs.

Non Economic Damages

Non-economic damages are based on intangible losses the victim has experienced and are very subjective. Non-economic damages often include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium
  • Permanent disfigurement and scarring.

If you are still trying to determine what damages you may qualify for, you must speak with a well-trained personal injury attorney who can accurately assess your claim.

How Can a Personal Injury Lawyer Help Me With a Rear-End Collision Claim?

One of the most essential elements in any motor vehicle accident claim is determining which driver is at fault for causing an accident. Moreover, in cases that involve multiple parties, individuals must have an experienced lawyer who can determine liability issues.

Unfortunately, in many rear-end collision cases, the insurance provider will try to assign the victim some liability to avoid paying out claims. Our attorneys are fearless when it comes to standing up to the insurance company to help victims get the justice they deserve.

If you have been involved in a rear-end collision at an unmarked intersection, you will need an attorney to gather evidence and protect your legal rights.

Contact Brent Adams & Associates of North Carolina at 919-781-7590 to schedule a free initial consultation to discuss your case.

Our legal team is passionately committed to helping clients obtain fair compensation after being involved in rear-end collisions. We strive to make our clients feel like family, not just a number. You will only pay us money if we win your case.

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