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If you are injured in an accident in North Carolina and believe you were partially at fault, you may wonder if your role in the incident could harm your personal injury case.
North Carolina applies a contributory negligence standard in personal injury claims. The strict legal principle prevents individuals from recovering any compensation if they were even minimally to blame for the accident. Under the contributory negligence law, the defendant carries the burden of proving that the injured party contributed to the accident.
What Is Contributory Negligence in North Carolina?
Under the contributory negligence doctrine in North Carolina, you are barred from receiving money for your injuries and losses if you were at all responsible for the accident. In other words, even if another party was 99 percent at fault for the accident, and you were just 1 percent liable, you are ineligible to receive any money from them in a personal injury case.
However, if you believe you are responsible in part for the accident that caused your losses, you should still discuss your case with our attorneys to fully assess fault for the incident that injured you.
How Contributory Negligence Differs from Comparative Negligence
Contributory negligence differs from the more common standard of comparative negligence. Under NC contributory negligence law, if you were partially responsible for an accident (even just 1 percent), you cannot recover any money from the party primarily responsible for the accident that caused your injuries.
Under a pure comparative fault doctrine, you can share in the responsibility for the accident and still pursue money for your losses. However, the money you receive will be reduced by the percentage of fault assigned to you. For example, if you were 90 percent at fault, you could still receive 10 percent of your losses as compensation from the other party who was 10 percent at fault.
In a state that follows a modified comparative negligence standard, you can likewise pursue a portion of your losses through the legal process if you share in the fault for the accident as long as you were, in most cases, no more than 50 or 51 percent at fault. If you are found to be roughly more than half at fault for the accident, depending on the laws of the state, you are barred from receiving any money from the defendant in your case.
How Our Attorneys Can Help You Deal with Contributory Negligence Issues in North Carolina
At Poisson, Poisson & Bower, PLLC, we know that understanding your legal rights under North Carolina’s contributory negligence rule can be confusing. Rest assured, we will thoroughly investigate the facts and circumstances of your case and assess the legal responsibility of all potentially liable parties, including your possible fault.
We have the experience to evaluate the strength of your case and whether any exceptions to a contributory negligence defense apply in your case, such as age or mental incapacity, the last clear chance doctrine, or gross negligence of the defendant. It’s also important to note that failure to wear a motorcycle helmet or buckle a car’s seat belt is not considered contributory negligence in North Carolina.
You can trust an attorney from our firm to answer all your questions and advise you of your options for seeking compensation in a personal injury lawsuit.
Contact Poisson, Poisson & Bower, PLLC, for a Free Case Evaluation
If you were injured in an accident and are concerned that you may be found partially responsible, contact us to discuss your case with an experienced personal injury attorney. At Poisson, Poisson & Bower, PLLC, we offer initial case evaluations free of charge so you can learn more about your options for pursuing money to cover your losses and compensate you for your injuries.
Calls are answered 24/7
Calls are answered 24/7