Daisley Law Offices, P.C.

Experience And Results Are What Matter

Even in a contributory negligence state, we fight to win

As a previous post on this blog explained, North Carolina is what is called a "contributory negligence" state. The bottom line is that, because there is no compensation available when an accident is even partially the fault of an injured person, it can be harder to for injured Charlotte, North Carolina victims to get a financial recovery.

This is even true in cases of serious bus accidents or other commercial vehicle accidents, which, because of size and weight differences, often leave a smaller car and that car's occupants worse for the wear.

Even though "Contrib" (as "contributory negligence" is often called) can be a harsh rule leading to unfair results, there are definite strategies that can be explored to overcome that challenge. Our office thoroughly examines all available options in order to ensure that our injured clients get the best chance for compensation for their losses. One of the keys to helping injured victims get the help to make up for the harm done to them is investigating the crash carefully and studying the results thoroughly. Further investigation and analysis may show that what initially appears like a mutual fault accident was in fact the responsibility of a negligent truck driver or truck company. This is why our office will visit the scene of an accident often and take careful documentation. We also pore over police reports and will make sure we talk to all identifiable eyewitnesses.

One example of how our law office's approach to accident investigation can help our injured clients involves trucking logs. Unfortunately, some drivers have the habit of keeping two books, one for regulators and law enforcement and the other for the driver's employer or customer. The first log will almost inevitably show absolute compliance with the federal rest rules, while the other log will show that a driver was probably on the road too long and perhaps quite fatigued.

While we certainly hope that trucking companies do not engage in these sorts of practices, we do take all reasonable steps to uncover and obtain all documentation of how long a driver was on the road prior to the wreck. This thorough approach to investigation can mean the difference between a good argument that a trucker was fatigued and a case which is likely not going to yield compensation at all.

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  • North Carolina Advocates for Justice Protecting People’s rights
  • NOSSCR National Organization of Social Security Claimants’ Representatives
  • American Association for Justice formerly the Association of Trial Lawyers of America ATLA
  • ABA American Bar Association
  • NOVA
  • North Carolina State Bar
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