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Fayetteville Side-Impact Car Accident Lawyer

Fayetteville Side-Impact Car Accident Lawyer

Fayetteville Side-Impact Car Accident Lawyer

Although most of us consider ourselves to be safe drivers, accidents do occur every day in Fayetteville. Some of those car accidents involve side-impacts, more commonly known as being “T-Boned.” These accidents can cause major injuries or even death.

If you or someone you know has been involved in such an accident, it may be prudent to contact a Fayetteville side-impact car accident lawyer so that your rights may be protected. A skilled car accident attorney can evaluate your claim to help you understand your options.

Contributory Negligence in Fayetteville

If someone were told they were one-percent responsible for something, they probably would not think much of it. And that would be a mistake in North Carolina, because of the state’s contributory negligence law, which bars recovery in many cases where an injured party is as little as one percent responsible for an accident. Sorrells v. MYB Hospitality Ventures, 332 N.C. 645 (1992). A Fayetteville side-impact car accident attorney may be able to explain the law and its implications in a case of a side-impact accident.

Although the contributory negligence law can be harsh, it is important to know there are significant exceptions, including:

  • Causation: Even if an injured claimant was negligent in connection with a side-impact accident, their claim may only be barred where said negligence actually contributed to the accident. Ellis v. Whitaker, 156 N.C. App. 192 (2003).
  • Last Clear Chance: Even where an injured claimant’s negligence contributed to an accident, if the other driver had a reasonable opportunity to avoid the accident and failed to do so, the claim might not be foreclosed. Watson v. White, 309 N.C. 498 (1983).
  • Wanton or Willful: In circumstances where an injured claimant’s negligence contributed to their injury, the contributory negligence rule might not apply to bar a claim where the other driver’s conduct is found to be intentional or reckless. Yancey v. Lea, 354 N.C. 48 (2001).

A Fayetteville side-impact car accident lawyer may be useful in explaining to an injured claimant the implications of these exceptions in a given matter.

Bringing a Claim

Like most negligence claims, a claim arising out of an automobile accident must be brought within three years under North Carolina law, or it may be time-barred. N.C.G.S. §1-52. It might therefore be advisable to speak with a Fayetteville side-impact car accident lawyer as soon as possible.

If an injured party otherwise has a viable claim for damages arising from a side-impact collision, they may be entitled to damages for the medical expenses they incur being treated for their injuries, the wages they lose as a result of being unable to work, the damage to their vehicle, and the pain and suffering they endure after the accident. A Fayetteville side-impact accident attorney might explain the potential for recovery in a given case.

Let a Fayetteville Side-Impact Car Injury Attorney Assist You

No one wants or expects to be in an automobile accident. Sadly, they happen all the time, and the resulting physical and financial impacts can be devastating. If you have been involved in an automobile accident, it might behoove you to speak as soon as possible with a Fayetteville side-impact car accident lawyer so that your rights may be explained to you.

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