If you got hurt in a car crash in North Carolina, you can file a claim with an insurance company for money for your medical expenses and other accident-related losses. But in North Carolina, contributory negligence car accidents are common. Sometimes, more than one person is responsible for the crash. This can raise the question of how your personal injury claim will be affected if you contributed to it.
What Is Contributory Negligence?
Contributory negligence is a legal rule in North Carolina that can severely impact your ability to recover compensation after a car accident. Under this rule, if you are found even one percent at fault for the accident, you may be barred from receiving any compensation, regardless of the other driver’s fault. This strict standard sets North Carolina apart from most other states, where comparative negligence allows for partial compensation depending on the degree of fault.
As one of the few states still following contributory negligence, North Carolina makes it especially difficult for accident victims to recover compensation when they are partially responsible for the incident.
How Can Someone Contribute to a Car Accident?
You could be found partially responsible for a car accident in many ways, even if your actions seem minor. Common examples of contributory negligence in North Carolina include:
- A brief distraction, like checking your phone while driving, that leads to crashing into another vehicle
- Slightly exceeding the speed limit or failing to come to a complete stop at a stop sign
- A mechanical issue, like a broken taillight, that contributed to the accident
- Driving while fatigued or not signalling when changing lanes
How Contributory Negligence Can Derail Your Car Accident Claims
Is NC an at-fault state? Technically, yes, but the North Carolina contributory negligence rule makes recovering compensation challenging. Even if another driver is primarily at fault for the crash, any contribution on your part—no matter how small or seemingly insignificant—can prevent you from being able to recover any money. This strict rule creates significant obstacles for accident victims, as even a minor mistake could result in losing the ability to seek compensation.
Why Insurance Companies Love This Rule
Insurance companies in North Carolina take advantage of the contributory negligence rule by meticulously investigating accidents. They look for any possible reason—no matter how small—to eliminate liability. A broken taillight or a momentary distraction could be enough for them to argue that you were partly to blame so they can avoid compensating you.
Insurance companies examine every detail of an accident, even those that might seem insignificant, to find any reason to dispute your claim. It’s a strategy that works in their favor but makes it difficult for victims to recover compensation they may be entitled to.
Contact Stewart Law Offices for Help
If you’ve been injured in a car accident in North Carolina, working with a law firm that understands the complexities of contributory negligence is essential. At Stewart Law Offices, our team of car accident lawyers is committed to providing the thorough legal guidance and representation needed to protect your rights and pursue the compensation you deserve.
We are available 24/7 and can visit you at home or in the hospital if necessary. Our attorneys will work closely with you throughout the process, ensuring your case is handled with the attention it deserves. We’ll handle the challenges of contributory negligence and fight for the compensation you’re owed. Contact Stewart Law Offices for a free consultation.
