If you get injured in an accident in North Carolina, you will need to navigate many complex personal injury laws in the pursuit of justice and fair financial compensation for your losses. When determining who is liable, or legally and financially responsible, for an accident, North Carolina may use what is known as the contributory negligence law.
What Is the Contributory Negligence Law?
The concept of contributory negligence allocates percentages of fault among multiple parties involved in a personal injury claim for a total of 100 percent. North Carolina is one of only four states that uses a strict contributory negligence law.
Under this law, if a person is found to be any percentage at fault – even just 1 percent – it bars him or her from recovering any financial compensation from other parties. North Carolina’s doctrine of contributory negligence stems from a case known as Sorrells v. M.Y.B. Hospitality Ventures, 332 N.C. 645, 648 (1992).
In this case, the courts determined that “[A] plaintiff’s contributory negligence is a bar to recovery from a defendant who commits an act of ordinary negligence.” Today, state courts continue to use this case precedent to bar anyone who contributes to an accident from collecting financial compensation.
Determining Liability for an Accident in North Carolina
Liability for a harmful accident in North Carolina will generally go to the person or party most at fault for causing the accident. If someone was negligent, or did not act with a reasonable amount of care, this can be proof of that party’s fault or liability.
The doctrine of negligence can be used against an injured party or plaintiff in a personal injury case if the opposing party is attempting to deny liability and uses the defense of contributory negligence to avoid paying a claim.
Newton v. New Hanover County Board of Education, 342 N.C. 554, 564 (1996), states: “A plaintiff is contributorily negligent when he fails to exercise such care as an ordinarily prudent person would exercise under the circumstances in order to avoid injury.”
How to Protect Your Rights Under North Carolina’s Contributory Negligence Laws
If an insurance company is trying to avoid paying you based on the defense of contributory negligence, the insurer must prove that you caused or contributed to the accident. “A party asserting the defense of contributory negligence has the burden of proof of such defense.” (North Carolina General Assembly § 1-139.)
You can protect yourself by submitting evidence to an insurance company that proves that its policyholder is at fault for your accident. A personal injury attorney in Wilmington can help you with this task. An attorney can take over communications with an insurance provider to ensure that you do not accidentally hurt your chances of recovering compensation.
Your lawyer can conduct a comprehensive investigation of the accident and collect evidence against the other party, such as a police report, eyewitness statements and expert testimony. Then, your lawyer can submit this evidence to an insurance claims adjuster on your behalf or bring your case to trial, if necessary, to combat a contributory negligence argument and protect your right to recover.
For more information about how a lawyer can help you with a personal injury case involving contributory negligence laws in North Carolina, contact Shipman & Wright for a free case review.