North Carolina Injury Lawyer Blog

One of the most important issues in any car accident case is whether the plaintiff was partly at fault for the accident and his or her injuries. Under North Carolina law, a plaintiff who is deemed 51% or more at fault for the crash is barred from receiving compensation. Because of this, many defendants try to prove that the plaintiff was primarily responsible for the crash as a way to avoid paying compensation. At Maurer Law, our Raleigh car accident lawyers may be able to assist you with protecting your rights and proving that the other party is to blame for your injuries. Contact us today to learn more about your potential right to compensation.

In a recent civil lawsuit, the North Carolina Court of Appeal considered whether the plaintiff was partially at fault for her injuries. The plaintiff and defendant were involved in a car accident in Clayton. Plaintiff was approaching the intersection from the north while the defendant was approaching from the west. The plaintiff testified that she saw the defendant traveling at a high rate of speed. There was a stop sign controlling the intersection from the direction that the defendant was approaching, but the defendant did not stop. The plaintiff entered the intersection because she had the right of way, at which point the defendant’s vehicle collided with her vehicle in a T-bone accident. A police report prepared regarding the crash showed that neither party attempted to brake due to the lack of brake marks on the road.

During the trial, the plaintiff moved for a directed verdict on the issue of whether she was contributorily negligent. The court denied the motion on the basis that the jury should be instructed regarding the last clear chance doctrine. This doctrine states that whichever party had the last clear chance to avoid an accident will be held ultimately responsible for the injuries that result.

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