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Auto Accident – Illegal Driving Maneuvers

In North Carolina, North Carolina General Statutes Chapter 20 sets forth many rules that motorists must follow when driving. Within this statute are rules regulating everything from when vehicles must stop at railroad crossings to requirements for overtaking a vehicle.

All motorists are expected to know and follow the rules. Sometimes, however, drivers will take actions in violation of North Carolina statutes regulating safe driving. When a motorist behind the wheel does something which is prohibited, this can be considered an illegal driving maneuver.

Examples of illegal driving maneuvers can include: unlawful passing or overtaking in no passing zones; turning from the wrong lane; U-turns in prohibited areas; and traveling down a one-way street in the wrong direction. These and many other behaviors are considered a violation of safety rules.

Victims pursuing damage claims for auto accident compensation must prove the driver they are seeking compensation from caused the accident through negligence. To demonstrate negligence in a typical auto accident case, the victim must prove the motorist’s breached a duty to the victim which is generally a violation of the rules of the road set forth above.

When illegal driving maneuvers occur, accidents happen.  In the case of an auto accident caused by an illegal driving maneuver, an auto accident victim may be able to use a legal rule called negligence per se to prove a right to accident compensation. if the drive has plead guilty or been convicted of the violation.

Under negligence per se, negligence is presumed on the basis of the violated safety rule.  The illegal driving maneuver, in other words, creates a presumption of negligence, thus making it easier for a victim to prove a right to compensation. For this rule to apply, the negligent driver may have to plead guilty or be convicted of the violation in a court of law.

A Charlotte, NC auto accident attorney can help you to determine if an illegal driving maneuver resulted in an accident. If so, you may be entitled to recover for accident losses. Call an attorney today to find out more.

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