Three Robeson, NC County residents were injured, and a man was killed in a single-vehicle accident in Hoke County. The 24-year-old man died at the scene after he failed to stop at a stop sign at the intersection of Mount Zion Church and Old Wire roads and his 2001 Pontiac struck a tree.
According to the police report, the 18 and 22-year-old all suffered serious injuries. Two were flown to UNC Hospitals and one of them was taken to Cape Fear Valley Medical Center. Further, all four people were wearing their seat belts.
North Carolina law applies the archaic contributory negligence standard, the least favorable threshold in the United States for injury victims. Contributory negligence means that you cannot collect one dollar in damages if you were negligent in any way – even 1 percent.
Many North Carolina juries are reluctant to assign blame to victims because this standard is so harsh and unfair. Therefore, It is important, in North Carolina, for the focus to remain on the carelessness or recklessness of the other driver.
South Carolina uses a more reasonable comparative negligence standard. The standard is essentially that you can still collect if you were partly at fault. However, your jury award would be reduced by the percentage of your fault. Therefore, if your claim is worth $100,000 but you were deemed to be 25 percent at fault, your compensation would be reduced by 25 percent, bringing the claim to $75,000.
If you or a loved one has been injured in a vehicle collision, call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can reach our South Carolina office at 803-548-4444, or toll-free at 877-374-5999. Further, if you are from North Carolina, call us at 704-499-9000 at our Charlotte, NC office.