• Coastal South Law

Is Speeding Negligence Per Se in North Carolina?

If you are facing charges for speeding in North Carolina, your situation may be complicated if you were also involved in a vehicle accident. This is because in North Carolina, speeding, or violating any of the state’s traffic laws are considered to automatically establish negligence. This can make it much easier for the other party or parties involved in the accident to bring civil claims against you to recover for any damages. Accidents can often result in hundreds of thousands of dollars in damages, which is a lot. For this reason, it is critical to consult with an experienced attorney as soon as possible. An attorney can help you contest the speeding charges, which may allow you to avoid an otherwise inevitable finding of liability for the accident.

What is Negligence Per Se?

Negligence per se, or negligence as a matter of fact, occurs when someone breaks a rule that was designed to protect the public. In most personal injury cases, the claimant must first establish negligence. This is usually accomplished by demonstrating that the other driver (you, in this case) breached the duty of reasonable care owed to other drivers on the road. The jury would then be responsible for assessing the claims and making a determination as to whether you were actually driving reasonably or not. However, it is considered unreasonable to break any of the laws designed to protect the public, so in cases where you are charged with speeding or other violations of North Carolina’s traffic laws, negligence will automatically be assumed. All the other party then has to do to establish liability for their civil claims is to establish that your speeding was the direct or proximate cause of the harm that they suffered. This is a situation that you do not want to find yourself in, and one that you will likely require the assistance of an experienced North Carolina criminal defense attorney to help you avoid.

The first step is simply challenging the charges of speeding against you. An attorney will be able to review the facts and circumstances of your case in order to determine what bases exist for challenging your charges. In some cases, your attorney may also be able to help you plead to a lesser offense. Often people do not consider a speeding ticket to be serious or even worth fighting, but as you can see, it can result in a finding of negligence per se, which can be incredibly difficult to overcome. The best time to take action is right now.

Schedule a Consultation with Coastal South Law

If you have been charged with speeding or another moving violation in North Carolina, it is important to be proactive. You may not think these charges are significant, but simply accepting them can have serious and highly regrettable consequences. The experienced criminal defense and traffic lawyers at Coastal South Law are ready to fight for you. Contact Coastal South Law today to schedule a consultation.

9 views0 comments