If you’re pursuing an injury claim after a car accident, one North Carolina law has the potential to upend your efforts if you’re not careful.
In fact, the state’s contributory negligence statute is one of the biggest reasons to make sure you have skilled legal representation.
The importance of contributory negligence in car accident cases can’t be understated.
At Kreger Brodish LLP, we put our energy and resources into pushing back against unfair attempts to blame injured people for the harm they’ve suffered.
To learn more about how we can help you, contact our office today for a free, no-risk initial consultation with a North Carolina car accident lawyer.
What Is Contributory Negligence?
Contributory negligence is a legal principle under which a person who contributes to an accident that injures them is barred from recovering compensation for their resulting losses.
North Carolina is one of only a few states that still follow this strict rule.
Many states have adopted comparative negligence laws that allow people to recover financially even if they’re partially at fault.
While the court will reduce their compensation in proportion to their percentage of fault, this is still preferable to walking away with nothing, as North Carolina law has it.
How Contributory Negligence Works in NC Car Accident Cases
Under North Carolina’s “pure” version of contributory negligence, this rule applies even if you’re just 1 percent at fault.
In other words, the other driver may have been 99 percent at fault, but one minor error on your part could effectively mean their overwhelming responsibility for the crash doesn’t matter.
They and their insurance company are off the hook financially, and you’re left to figure out how to pay for your medical expenses and cover your other accident-related losses.
Common Scenarios Where Contributory Negligence Is Applied
Insurance companies and defense attorneys often look for facts they can use to argue that an injured person shares responsibility for a crash.
Some of the most common examples include the following contributory negligence scenarios:
- The other driver ran a red light, but the injured driver entered the intersection too quickly without confirming it was safe to do so.
- The other driver rear-ended the injured driver’s vehicle, but the injured driver’s car had malfunctioning brake lights.
- The other driver made an unsafe lane change, but the injured driver was speeding slightly.
- The other driver turned left into oncoming traffic, but the injured driver didn’t keep a proper lookout.
- The other driver pulled out unexpectedly, but the injured driver was momentarily distracted.
Exceptions to Contributory Negligence in North Carolina
Because it’s such a harsh rule, North Carolina does make some limited exceptions to contributory negligence.
One is the “last clear chance doctrine,” which may apply if the other driver had a final opportunity to avoid the crash but failed to do so.
Another is for cases involving willful or wanton conduct, meaning the other driver acted with reckless disregard for others’ safety.
These exceptions are narrow, but they can make a huge difference in the right car accident case.
Evidence That Proves or Disproves Fault in a North Carolina Car Accident
Not surprisingly, the contributory negligence law often leads to disputes over fault in North Carolina car accident cases, because even one small detail can determine whether an insurance company argues that an injured driver shares blame.
To push back against attempts to blame you for the crash, you need strong evidence, such as the following:
- Police reports can document how the crash happened, where it occurred, and whether police issued any citations.
- Photos of vehicle damage, skid marks, debris, traffic signs, and the surrounding roadway can help reconstruct the collision.
- Video footage from dash cams, traffic cameras, or nearby businesses may capture the moments leading up to the crash.
- Witness statements can support or contradict each driver’s version of events.
- Black box data may reveal speed, braking, and other vehicle movements before impact.
- Medical records can connect the crash to your injuries and support the claimed seriousness of the harm you’ve suffered.
What If I’m Partly Blamed for the Car Accident?
If the other driver or their insurer is blaming you, all is not lost, but you do need to get a skilled car accident lawyer on your side as soon as possible.
They can gather strong evidence, prepare your claim, fight back against unfair efforts to blame you for the collision, and negotiate for the compensation you deserve.
Additionally, keep in mind that fault determinations aren’t ultimately up to insurers or attorneys, but to the courts.
An experienced attorney can file a lawsuit and argue your case before a judge or jury if that’s what it takes to prove the other driver was 100 percent responsible for the accident and liable for your losses.
Why Choose Our NC Car Accident Attorneys?
Choosing an attorney to represent you after a car accident is one of the most important steps you can take to preserve your right to pursue compensation.
At Kreger Brodish LLP, we have over two decades of combined legal experience and a successful track record of representing injured people throughout North Carolina.
Some of our recent victories include the following:
- A $300,000 settlement for a client injured in a collision with a distracted driver
- A $292,800 settlement for the family of a man killed in a crash
- A $242,000 settlement for a minor client injured as a passenger in a rear-end accident
We’re committed to providing personalized support at every stage of your case.
As our client Shante D. writes,
“I was recommended to come to this firm and I am glad that I did! They were informative and kept me up to date with my case. From the start to the finish, I have had a great experience with them.”
How an NC Car Accident Lawyer Can Help After a Crash
If you suffered injuries in a car accident caused by another driver, don’t risk making it easier for them to blame you for the crash and potentially missing out on the compensation you deserve.
When you trust Kreger Brodish LLP with your case, we’ll push back against attempts to shift blame and fight for the full compensation you need to move forward.
Contact us today for your free, no-risk, fully confidential consultation.
There are no upfront costs for us to work on your case, and you pay nothing unless we successfully resolve your matter.
