When involved in a personal injury accident, many people are concerned about their ability to recover compensation for damages. In most states, an individual’s level of fault in causing the accident may reduce the amount they can recover. However, North Carolina follows a stricter standard called contributory negligence, which can prevent an injured person from obtaining compensation entirely if they are found to be even slightly at fault.
In this article, we will explain what contributory negligence means, how it works in North Carolina, and how it impacts claims, according to an experienced Charlotte injury lawyer.
What is Contributory Negligence?
Contributory negligence is a legal doctrine that prohibits an individual from recovering damages in a personal injury case if they are found to be even minimally at fault for the accident that caused their injuries. In states that follow this rule, if the injured party is deemed to have contributed in any way to the accident, they may be barred from recovering compensation from the other party, even if they were primarily the victim.
Under contributory negligence, even if you are only 1% at fault, you would not be entitled to recover any damages for your injuries. This is a harsh rule, and it can dramatically affect your case if you are found to be at all responsible for the accident.
How Does Contributory Negligence Work in North Carolina?
Under North Carolina law, a person is prohibited from recovering damages if they are found to be even 1% at fault for the accident. This makes North Carolina one of the few states that still adheres to this strict rule. Under North Carolina General Statutes § 1-139, the person claiming contributory negligence as a defense has the burden of proving it.
In practical terms, this means that even if you were injured in an accident and someone else is clearly at fault, you could still be barred from recovering compensation if the other party can prove that you contributed in some way to the incident.
How Does Contributory Negligence Affect Your Personal Injury Claim?
In a state like North Carolina, where contributory negligence applies, the burden of proof is crucial. If you are bringing a personal injury lawsuit, the defendant must demonstrate that you were at fault for the accident to defeat your case against them. If the defense can show that you were even slightly negligent, the court may rule that you are not entitled to compensation.
This can make the process of filing a personal injury claim in North Carolina more challenging than in other states. Many other states use a comparative negligence rule, which reduces the compensation based on the degree of fault.
For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%, but you can still recover 80% of the compensation. However, in North Carolina, under contributory negligence, any fault can bar you from recovery.
Examples of Contributory Negligence in North Carolina
Contributory negligence can apply in various types of personal injury claims, including car accidents, slip and fall incidents, and medical malpractice cases.
Below are a few examples of how contributory negligence might play out in North Carolina:
- Car Accidents: If you are involved in a car accident and the other driver rear-ends you, but you are found to have been speeding or texting while driving, you could be found partially at fault for the crash, even if the other driver was primarily responsible for causing it.
- Slip and Fall Accidents: In a slip and fall case, if you are injured after slipping on a wet floor in a store but were not paying attention to a visible warning sign, you could be considered partially negligent, preventing you from recovering damages under contributory negligence.
In each of these kinds of cases mentioned above, it is best to consult with a personal injury attorney for guidance on liability, recovery, and potential compensation.
Defending Against Contributory Negligence
If you are facing a personal injury claim in North Carolina and contributory negligence is a factor in your case, there are ways to defend against it. One of the most important steps is to work with an experienced personal injury lawyer who understands North Carolina’s specific laws and how contributory negligence is applied in different situations.
A skilled attorney will gather evidence to prove that you were not at fault for the accident or that your level of fault was negligible. This could involve gathering witness testimony, expert opinions, video footage, or accident reconstruction reports. Your attorney may also be able to show that the other party’s negligence was the primary cause of the accident, thus allowing you to recover compensation despite the contributory negligence rule.
Exceptions to Contributory Negligence
While North Carolina follows the contributory negligence rule, there are some exceptions that could still allow you to recover compensation despite being found partially at fault.
In certain cases, you may be able to recover damages if you can prove that:
- The other party’s negligence was more severe: If the defendant’s actions were far more negligent than yours, this might help your case. For example, if a driver was intoxicated or running a red light, their negligence may outweigh your minor contribution to the accident.
- Last clear chance doctrine: Under this doctrine (a common law doctrine upheld in North Carolina), if the defendant had a final opportunity to avoid the accident but failed to do so, you might still be able to recover damages, even if you were partially at fault.
These doctrines can help you secure the compensation you deserve.
How to Protect Yourself from Contributory Negligence Claims
To protect yourself from contributory negligence claims, it is important to follow all traffic laws, take necessary precautions in public spaces, and avoid actions that could lead to accidents.
Documenting the details of the accident as thoroughly as possible is also essential in building a strong case. This includes taking photos of the scene, getting witness statements, and seeking medical treatment immediately after the injury to ensure that your injuries are properly recorded.
Additionally, hiring a lawyer to represent you in any personal injury claim is crucial. A lawyer who is familiar with North Carolina’s contributory negligence law can provide you with the best chance of recovering compensation, even if the other party tries to argue that you were partially at fault.
Contact Our North Carolina Personal Injury Lawyers for a Free Consultation
Contributory negligence can make personal injury claims in North Carolina more difficult to navigate. The state’s strict application of this legal doctrine means that if you are found to be even slightly at fault for an accident, you may be unable to recover damages. However, with the right legal representation, you can protect your rights and increase your chances of a successful outcome.
At Elrod Pope Accident & Injury Attorneys, our North Carolina personal injury lawyers have more than 150 years of combined experience and have recovered over $100 million for accident victims. We are ready to help if you are facing a personal injury claim and need help tackling a contributory negligence issue. Contact us today for a free consultation. For more personal assistance call us at (980) 340 8620.
