Common Defenses in Car Accident Cases

There were a total of 284,157 traffic accidents reported in North Carolina in 2023, which was a 3.8% increase from 2022, according to the state Department of Transportation. Even worse, 115,009 people were injured, which was also higher than the previous year by 4%. The ubiquity of car accidents and the injuries associated therewith makes car accidents one of the most common bases for personal injury claims and represents a significant risk for businesses, especially those involved in the transportation industry. Businesses and other entities concerned about their exposure to liability for car accidents should consult with a North Carolina personal injury defense attorney to discuss strategies to manage their risk. 

The Defendant Did Not Cause the Accident 

Plaintiffs must establish four elements to succeed in a car accident claim based on negligence: 

1. Duty: The defendant owed them a duty of care. In a car accident case, the duty is to obey the rules of the road and drive like a reasonably prudent driver.
2. Breach: The defendant breached the duty of care, such as by breaking traffic laws or otherwise driving recklessly. 
3. Causation: The defendant’s breach was the actual and proximate cause of the plaintiff’s injury
4. Damages: The plaintiff suffered damages as a result of the defendant’s breach

Of these four elements, causation is often the most difficult for the plaintiff to prove. “Actual cause” is a “but for” test, wherein the plaintiff must show that the injury would not have happened but for the defendant’s actions. “Proximate cause” concerns foreseeability; the injury must be a foreseeable result of the defendant’s actions. A plaintiff must prove both of these types of causation. 

To illustrate, consider a situation in which a driver strikes an electric pole and causes a local blackout. During the blackout, the resident of a nearby building falls down a flight of stairs in the darkness and subsequently sues the driver for his injury. While the fall may not have happened “but for” the defendant striking the electric pole, a person falling down a flight of stairs is not a foreseeable consequence of striking a light pole, so the plaintiff in that case likely would not be able to establish causation. 

The Plaintiff’s Injuries Are Due to a Preexisting Condition 

Car accident injuries can be severe, and at-fault defendants are liable for the full scope of the injured plaintiff’s injuries. But things get a bit more complicated when preexisting conditions come into play. Generally, a preexisting condition is an injury or illness the plaintiff already has at the time an accident occurs. It’s not uncommon for plaintiffs in car accident cases to claim that their injuries are due to the accident when, in reality, they are due to their preexisting condition. Keep in mind, however, that the mere presence of a preexisting condition does not necessarily absolve a defendant of liability. If the defendant’s actions reactivate or exacerbate the preexisting condition, they can still be found liable for damages related to the reactivation or exacerbation. Determining which damages are attributable to the original condition and which are attributable to the reactivation or exacerbation is a complex undertaking and one that you should speak to a North Carolina personal injury defense attorney if you’re dealing with. 

The Plaintiff Was Also Negligent 

As we’ve established, a plaintiff may obtain damages from a defendant if they prove that the defendant was negligent (i.e., they prove all four of the elements of negligence). But not all car accidents are black and white. For example, consider a situation in which Driver A approaches a four-way stop to turn right but rolls through the stop sign instead of coming to a complete stop. Driver B, approaching from the left, blows through the stop sign and strikes Driver A. Can Driver A maintain a personal injury action against Driver B, even though they were both partially at fault for the accident? 

In most states, the answer is “yes,” as long as Driver A is found to be at least 51% at fault for the accident. However, in North Carolina, the answer is “no,” as North Carolina law prohibits plaintiffs who are negligent in any way from pursuing personal injury actions. North Carolina’s contributory negligence rule is a powerful shield for defendants in personal injury actions, and our North Carolina personal injury defense attorneys have extensive experience successfully wielding it on our clients’ behalf. 

The Plaintiff Failed to Mitigate Their Damages 

The doctrine of avoidable consequences (also known as the plaintiff’s duty to mitigate damages)   holds that injured plaintiffs must exercise reasonable care to avoid or mitigate the consequences of a defendant’s wrongful action. In a car accident case (as in most personal injury cases), that duty includes seeking prompt medical care, following doctors’ orders, and refraining from doing anything to exacerbate their injuries. Defendants in car accident cases can argue that some (or even most) of the plaintiff’s damages are due to the plaintiff’s failure to act diligently to mitigate them. While this argument does not totally get a defendant off the hook, it can substantially reduce their liability. 

The Statute of Limitations Has Run 

The statute of limitations for personal injury claims (including car accident claims) in North Carolina is three years. The statute of limitations begins running when the plaintiff’s bodily harm becomes apparent or ought reasonably to have become apparent, whichever occurs first. While in some types of legal claims the injuries may be latent (such as in medical malpractice claims), in car accident claims, the injury is usually contemporaneous with the accident. 

Fight a Car Accident Lawsuit With Help From a North Carolina Personal Injury Defense Attorney

Car accident claims are among the most common type of legal claims in personal injury law. If you are on the receiving end of a personal injury action after a car accident, you will need effective legal representation to protect your interests. To get started, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby by calling 252-638-6666 or using our online contact form.