Proving the Injury Victim Was Not At-Fault
North Carolina is one of the few states that have a contributory negligence law. What this means is that if injury victims are found to be responsible for the accident — even 1 percent liable — then they are prohibited from recovering funds through the other person’s liability insurance.
As a result, insurers almost always try to prove that injury victims are at-fault. In both head-on and rear-end collisions, insurance adjusters routinely argue that the victim did not take sufficient evasive action to avoid the accident. Unfortunately, when there are no witnesses to testify about what happened, it can be difficult for individuals to prove what happened.
Working with Accident Reconstructionists to Prove Fault: At David & Associates, Attorneys at Law, PLLC, we know it’s our responsibility to help ensure accident victims receive the compensation they need. Serving in Wilmington and throughout the region, we work to prove exactly what happened during and before the accident. When liability is in question, we work with accident reconstructionists who can analyze the evidence and show how the accident occurred and who was at fault. In some cases, evidence that may seem straightforward can be misleading. For example, with a rear-end accident case, it’s common for the damage to the front car’s bumper to be minimal, while the front of the at-fault car looks considerably worse. We know that insurance companies try to compare the damage of the two cars to prove negligence or to draw conclusions about the severity of the injuries suffered. It is important to analyze all the factors that can cause injuries to that specific person. We work aggressively to prove the negligent driver was completely at fault, regardless of the state of his or her vehicle or the number of witnesses available.
Be Wary of Insurance Company Representatives: Almost everyone knows that it’s important to call the insurance companies after an auto accident. However, many people in Wilmington and throughout southeastern North Carolina have misconceptions about how soon the insurance company should be called and what information they’re required to disclose. When you contact our law firm, David & Associates, Attorneys at Law, PLLC, we can help ensure the insurance adjuster gets all the correct information.
What You Say Can Be Used Against You: You may think the insurance company is working for you, but that’s not quite right. The insurance company can use anything you say against you, and it may twist your words to use them against you. One of the most efficient ways to ensure you don’t jeopardize your case is by letting an experienced professional do the communicating for you. The attorneys at our firm have more than 120 years of combined experience advocating on behalf of our clients; we can help you, too.
- What You Don’t Say Can Be Used Against You, Too: It’s also important to know that the things you fail to mention to insurers can also be used against you. For example, if you talk with the insurance company and say your neck hurts, but you do not mention your back pain, the insurance company may try to prove later that any back pain you claim to experience is made-up. Insurance companies often record conversations, and if you do not provide an exhaustive list of everything that hurts, they may use your account in an attempt to lower the value of your case.
- We’ll Protect Your Rights: The things you do after a car wreck can have a big impact on the outcome of your personal injury case. We can help ensure you take the right steps to maximize your right to compensation.