In some car accident cases it’s clear that another party is fully, 100% responsible for the accident. For example, the other driver was speeding and rear-ended your car because they couldn’t stop in time. That’s 100% liability.
There are other times when you may be partly at fault. Both North Carolina and Virginia and most states determine the percentage of your fault – 1%, 10%, 20%, etc.
Negligence in North Carolina and Virginia
In North Carolina and Virginia, if you’re even 1% at fault you can’t recover – anything. If you’re 1% at fault and the damages are $100,000 you don’t get 99% – you get 0. The defendant only needs to show you were slightly at fault to win the case.
There are two exceptions:
Most other states
Most states use the doctrine of comparative negligence. There are three types of comparative negligence
When an accident happens it can be brought in the state where the accident happened or in the state where the driver or owner lives. If you’re in an accident in North Carolina or Virginia and you’re partially fault, a skilled car accident lawyer will try to bring your claim in a state that has comparative negligence – a state where your partial fault won’t eliminate your claim.