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Phone: (910) 341-7570
Toll Free: (877) 593-4233
Phone: (910) 341-7570

Learn How Your Wilmington Injury Lawyer Determines Fault


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10/22/2012
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Determining fault or negligence is probably the most important part of a North Carolina personal injury lawsuit. Identifying the person who is responsible for your Wilmington traffic accident controls the whole story your attorney will tell the jury. It sets limits on the possible amount you can recover for your injuries. It colors your whole case.

In fact, sometimes it destroys your case entirely. An investigation by your Wilmington vehicle accident lawyer might reveal that your misjudgment was the ultimate cause of your accident, or that it was an unpredictable series of coincidences that led to your injuries. In cases such as these, there is nobody else to blame and no lawsuit recovery is available.

In many cases, however, you will have suffered injuries that can be traced directly back to someone else’s error, casual indifference to harming others, or spiteful action. That person is considered to have behaved negligently and can be liable for paying compensation for any losses you have suffered.

Liability follows responsibility

The idea that liability goes hand-in-hand with responsibility for an accident is commonplace in the insurance and legal professions. Figuring out who is liable for your New Hanover County traffic accident requires tracing the chain of cause and effect backwards, until you identify the person (or persons) whose actions made the injuries inevitable. This can be far from simple, and even professionals regularly get the wrong answer. In particular, police reports and witness statements can often give the wrong impression about who bears responsibility for a car crash.

No two North Carolina motor vehicle accidents are exactly the same. Your attorney will use his or her experience and consult with experts as needed to reconstruct what happened at the accident scene. For many incidents, your lawyer will have to consider the possible influence of dozens of people who could potentially be liable for damages, such as:

  • The drivers;
  • Passengers in the vehicles who may have distracted the drivers;
  • The person who lent his car to the other driver, even though she was intoxicated, was ill, had a suspended license, or was otherwise unfit to drive; 
  • The tavern owner who served alcohol to a drunk driver; 
  • The repairman who improperly fixed your vehicle (or the other driver’s vehicle), which broke down at a critical moment;
  • The company that manufactured your tires or other vehicle components that failed while you maneuvered on the highway;
  • The business that owns the truck or other commercial vehicle that crashed into your car; or
  • The government agency that failed in its duty to maintain roads or road signs, leading to your accident;

Trust Speaks Law Firm to investigate your case

The trial attorneys at Speaks Law Firm stayed awake during our law school classes on personal injury litigation. We’ve added years of on-the-job experience since then, so we are highly skilled in investigating the issues of responsibility, liability, and negligence.

If you have been involved in a New Hanover County traffic accident that was not your fault, you will find that hiring an attorney greatly improves your odds of getting full compensation for your losses. Call Speaks Law Firm today at 910-341-7570 or toll-free at 877-593-4233 to schedule a free conference about your case. Ask for your FREE copy of our book for clients, The North Carolina Auto Injury Book, which will serve as an introduction to our law practice.



Category: Personal Injury Attorney


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