Contributory Negligence Laws In North Carolina
Contributory negligence is an important legal principle in North Carolina that affects personal injury claims, including car accidents, and our Raleigh, NC car accident lawyer can help you understand if contributory negligence applies to your case . Unlike most states that follow a comparative negligence system, North Carolina follows a strict contributory negligence rule. This means that if an injured party is found even slightly at fault for an accident, they may be barred from recovering compensation.
Our firm has assisted hundreds of clients in recovering millions of dollars in compensation after accidents. With decades of combined experience, our attorneys have the knowledge necessary to provide the dedicated legal assistance that you deserve. If you have been in a car accident, contact our team at the Burton Law Firm today to schedule a consultation.
How Contributory Negligence Affects Car Accident Claims
In many states, an injured party can still recover damages if they are partially responsible for an accident, with their compensation reduced based on their percentage of fault. North Carolina takes a different approach. Under the contributory negligence rule, if a person is even one percent at fault, they may not receive any compensation for their injuries or damages.
Insurance companies often use this rule to deny claims. If they can show any evidence that the injured party contributed to the accident in some way, they may argue that no compensation should be awarded. This makes it critical to have strong evidence supporting the claim that the other driver was entirely at fault. Our team will investigate your case and help you gather evidence that supports your claim and fights back against any bad-faith claims made by the insurance company asserting that you were at fault.
Exceptions To The Contributory Negligence Rule
While contributory negligence can be a significant hurdle, there are exceptions that may allow an injured party to recover compensation even if they share some level of fault. Discussing your case with our team can help you understand these exceptions and how to pursue your car accident claim.
- Last Clear Chance Doctrine – If the other driver had the final opportunity to avoid the accident but failed to do so, the injured party may still be able to recover damages.
- Defendant’s Willful or Wanton Conduct – If the at-fault driver acted recklessly or intentionally caused harm, contributory negligence may not apply.
- Minors and Certain Individuals – In some cases, children under a certain age or individuals with limited mental capacity may not be held to the same legal standard.
Defense Strategies Used In Contributory Negligence Cases
Insurance companies and opposing parties often focus on proving some level of fault on the injured person’s part to avoid paying a claim. Some common arguments include:
- The injured party was speeding or driving distracted at the time of the crash.
- They failed to signal or follow traffic laws, contributing to the accident.
- There was an opportunity to avoid the accident, but they did not take it.
Because of this, it is important to build a strong case with clear evidence, including police reports, witness statements, and traffic camera footage when available.
Why Legal Representation Matters In These Cases
Contributory negligence laws in North Carolina make it difficult for injured individuals to recover damages on their own. Insurance companies are quick to deny claims, and even minor details can be used against a claimant. Having our experienced and dedicated attorneys on your side can make a significant difference in gathering evidence, handling negotiations, and presenting a case in court if needed.
Contact Our Raleigh Car Accident Lawyer Today
Our firm helps those injured in accidents understand their legal options and fight for fair compensation. If you have been involved in a crash and need guidance, reach out to the Burton Law Firm for a consultation to discuss your case and potential next steps.