Car accidents can be complicated, especially when police officers issue citations to multiple drivers involved in the crash.
If you’ve been in an accident where both you and the other driver received tickets, you might be wondering how this affects your ability to recover compensation for your injuries and damages. Understanding North Carolina’s approach to fault in car accidents can help you protect your legal rights. If you’ve been injured in a car accident in North Carolina, Paynter Law can help.
Understanding Citations vs. Fault Determination
When police respond to a car accident, they may issue traffic citations based on their initial assessment of what happened. These citations are for traffic violations like speeding, running a red light, or following too closely. However, it’s important to understand that receiving a citation doesn’t automatically determine fault for the accident or your ability to pursue a personal injury claim.
Citations are issued for violations of traffic laws, while fault determination for insurance and legal purposes involves a more thorough investigation of all factors that contributed to the crash. The fact that both drivers received citations simply means the responding officer believed both parties violated traffic laws, but this doesn’t necessarily mean both parties are equally responsible for the accident.
What Is North Carolina’s Contributory Negligence Rule?
North Carolina follows one of the strictest fault rules in the country called contributory negligence. Under this doctrine, if you are found to be even slightly at fault for the accident – even just 1% – you may be completely barred from recovering any compensation from the other driver or their insurance company.
This harsh rule makes North Carolina different from most other states, which follow comparative negligence systems that allow injured parties to recover damages reduced by their percentage of fault. In North Carolina, the question isn’t how much you’re at fault, but whether you’re at fault at all.
When both drivers are cited, it raises concerns about contributory negligence because it suggests both parties may have violated traffic laws. However, receiving a citation doesn’t automatically prove contributory negligence in a legal sense.
How Do Traffic Citations Affect Your Accident Case?
Citations as Evidence
Traffic citations can be used as evidence in personal injury cases, but they’re not conclusive proof of fault. The citation represents the officer’s initial assessment based on limited information available at the scene. A thorough investigation may reveal additional factors that weren’t immediately apparent.
Challenging Citations
You have the right to contest any traffic citations in court. Successfully fighting a citation can strengthen your personal injury case by removing evidence that could be used against you. Even if you don’t contest the citation, your attorney can still argue that the violation didn’t contribute to the accident or that other factors were the primary cause.
Insurance Company Investigations
Insurance companies conduct their own investigations separate from police citations. They’ll examine the accident scene, review witness statements, analyze vehicle damage, and consider other evidence to determine fault. Their conclusions may differ from what the citations suggest.
Can You Still Recover Compensation With A Traffic Citation?
Even if both drivers were cited, you may still be able to recover compensation in certain situations:
- Your violation didn’t contribute to the accident: If you can prove that your traffic violation wasn’t a contributing factor to the collision, contributory negligence shouldn’t apply.
- The other driver’s violation was more severe: When one driver commits a significantly more dangerous violation that directly caused the accident, minor violations by the other driver may not bar recovery.
- Last clear chance doctrine: In some cases, even if you were negligent, you might still recover if the other driver had the last clear opportunity to avoid the accident but failed to do so.
The Importance of Acting Quickly
North Carolina has a three-year statute of limitations for most personal injury cases, meaning you must file your lawsuit within three years of the accident date. However, it’s important to begin building your case as soon as possible while evidence is fresh and witnesses’ memories are clear.
Additionally, if you plan to contest your traffic citation, there are strict deadlines for doing so that may be much shorter than the statute of limitations for your injury claim.
Protecting Your Rights After Being Cited
Receiving a citation in a car accident where both drivers are cited doesn’t automatically end your ability to seek compensation for your injuries. While North Carolina’s contributory negligence rule creates challenges, we can help investigate the accident thoroughly and potentially build a strong case on your behalf.
If you’ve been injured in a car accident where both drivers were cited, don’t assume you have no legal options. Contact Paynter Law at (919) 245-3116 for a free consultation.
Our legal team has extensive experience handling complex car accident cases in North Carolina and can help you understand your rights and options. With our proven track record of over $500 million in verdicts and settlements, we work on a contingency fee basis, meaning you pay no attorney fees unless we win your case.