How does Fault Work in North Carolina Car Accident Cases?
Initially, to prove fault against a defendant, victims will need to establish negligence. There are two ways to prove negligence against a defendant. The first is through the common law, or judge-made law, which requires showing that the defendant owed a duty of care, breached that duty, and was the proximate cause of the victim’s damages. The second way is through the doctrine of negligence per se, which automatically establishes fault against a defendant who has violated a traffic law and caused damages to a victim that the law was meant to protect.
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