If you’re partially at fault in a car accident in North Carolina, state law generally bars you from recovering compensation for your losses.
But even if you’re worried you may have contributed to the crash, that doesn’t mean you can’t seek justice.
That’s because whether you’re at fault or not isn’t up to you — and it’s not up to the other driver, either.
What “Partial Fault” Really Means in a Car Accident
In many cases, one driver is 100 percent responsible for causing a car accident.
However, this isn’t always how it goes. Sometimes, multiple drivers or parties may share some of the blame.
In these cases, the parties are said to each bear “partial fault,” or less than 100 percent of the fault.
This matters because partial fault can prevent an injured person from recovering compensation.
Understanding North Carolina’s Contributory Negligence Rule
North Carolina follows a “pure” version of the legal doctrine of contributory negligence.
Under the North Carolina contributory negligence rule, a person who bears even as little as 1 percent of the fault for an accident cannot recover compensation for their resulting losses.
This is a very strict rule, one that many people believe is overly punitive to victims.
North Carolina is one of a small number of states that still follow this strict rule.
Many states have moved toward modified versions of this standard that allow victims to recover compensation if they’re partially at fault, even if they sometimes limit the right to financial recovery to people who bear less than 50 (or in some cases 51) percent of the fault.
How Can the “1% Rule” Hurt You After a Car Accident Claim?
The so-called “1 percent rule” (the rule that bars you from financial recovery if you’re just 1 percent at fault) can have a significant effect on your ability to move forward after a crash.
If you can’t recover compensation from the other driver, you may find yourself having to pay out of pocket to cover your medical expenses and other losses.
If you’re unable to work due to your injuries or have suffered catastrophic, permanent harm, being unable to recover from the other driver can be devastating.
Exceptions to Contributory Negligence in North Carolina
Are there contributory negligence exceptions in North Carolina?
There is one, which is the last clear chance doctrine. Under this rule, if you’re partially at fault but the other driver had the last clear opportunity to avoid the crash and failed to do so, you may still be able to recover compensation.
When to Call a Durham Car Accident Lawyer for Help
Determining fault in a car accident case is ultimately the job of the insurance companies or, if your case goes to trial, the court.
That’s why you shouldn’t see a dispute around fault as a reason to abandon your attempt to pursue justice and compensation. Reach out to a North Carolina car accident lawyer at Kreger Brodish LLP as soon as possible after a collision to discuss your legal rights and options.
We’ll focus on preparing a persuasive claim and pushing back against unfair attempts to blame you for your injuries.
Contact us today for your free, no-risk, fully confidential consultation.
There are no out-of-pocket costs for us to get started on your case, and you pay nothing unless we successfully resolve your matter.
