If you’ve been in a car accident, determining fault can be complicated. The more cars involved in the accident, the more complicated it becomes.
Determining responsibility for an accident comes down to cold hard facts, and each state interprets and emphasizes those facts differently. The key to determining who’s at fault in your car accident is understanding the law of the state where your accident took place and knowing how that state might look at the facts.
Certain states, like Virginia and North Carolina, make this even trickier. Let’s take a closer look.
Can multiple people be responsible for a car accident in Virginia?
Some states allow drivers to receive compensation proportionate to their liability. For example, if you were in a car accident resulting in $100,000 in damages and you were found to be 20% at fault, you would hypothetically receive $80,000 in compensation. Unfortunately, this is not the case in Virginia.
Under Virginia law, an injured driver is barred from pursuing money damages against the other driver or their insurance company if that injured driver is found to have any blame for the accident. This is sometimes referred to as the 1% rule, because if the injured driver is even 1% at fault, they cannot recover damages for the car accident.
This rule is great for defendants and terrible for plaintiffs. So, if you’ve been injured in an accident, it’s important that you use a skilled car accident lawyer who knows the ins and outs of Virginia law and can help you collect important facts to prove that you are not at fault.
The Virginia statute of limitations for personal injury claims, such as claims made in connection with a car accident, is generally two years. This means that you have a two-year clock following the accident in which to file your personal injury claim in court.
Can multiple people be responsible for a car accident in North Carolina?
Like Virginia, North Carolina follows the 1% rule. The North Carolina statute of limitations for personal injury claims, such as claims made in connection with a car accident, is generally three years.
Just as in Virginia, having a knowledgeable North Carolina personal injury lawyer will be important in getting you the compensation that you deserve.
Can multiple people be responsible for a car accident in Alabama?
Unfortunately for plaintiffs, Alabama also follows a strict contributory negligence rule. So, if you’re at fault for an accident in Alabama, you won’t be able to recover any damages.
Keep in mind that you’ll need to file any claims related to your car accident within two years of when it occurred in Alabama.
Need help with a personal injury claim resulting from a car accident?
The majority of personal injury cases don’t go to court and are settled well before a formal lawsuit is filed. This means that getting a good lawyer is imperative to recovering at all under Alabama, North Carolina, or Virginia law.
If you haven’t already asked a lawyer for help, you’ll benefit from bringing in a specialist to strengthen your case, help you gather compelling evidence, and understand the specifics of the state law. The experienced team of personal injury lawyers at Hunter & Everage can help ensure that you are heard and that your case is handled properly. Give us a call or send us an email today.
