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Proving Negligence Is Critical — But It Cuts Both Ways
In any personal injury case, receiving fair compensation comes down to establishing negligence or wrongful acts. In car and truck accidents, this typically involves showing that the defendant engaged in reckless or illegal behaviors while driving. However, it’s important to remember that the actions of both parties are considered in these cases. Even worse, contributory negligence can significantly affect your North Carolina auto accident claim.
In personal injury law, states either recognize comparative negligence or contributory negligence. With comparative negligence, courts compare each party’s level of fault and assign damages proportionally. This means car accident victims will receive reduced compensation if they contribute to their own injuries. However, contributory negligence states completely bar plaintiffs from compensation if their own negligence was involved in any way.
This is a harsh reality for North Carolina auto collision victims — and it’s why these individuals must understand their rights.
Understanding North Carolina Contributory Negligence in Car Accidents
The most important thing to understand about contributory negligence is that it could completely derail your case. For instance, envision a scenario where you’re driving down a highway and crash into a vehicle that runs a red light. It probably seems straightforward that the other driver was at fault. However, what if you were speeding? Could you have avoided the accident had you been driving the speed limit?
This and similar questions are what makes contributory negligence in North Carolina auto accidents such a complex issue. In a comparative negligence state, the courts may look at this case and decide that you were 10% at fault because you were speeding. In turn, they would reduce your eventual compensation by 10% to ensure fairness. However, North Carolina law simply states that you aren’t entitled to compensation.
This is a tough pill to swallow, but it’s absolutely critical that you don’t make assumptions about your case. Even if you believe you contributed to your own accident, do not admit this to an insurance adjuster. These are complex matters — and insurance companies are hoping you’ll make inaccurate assumptions. Since most personal injury attorneys offer free consultations, there’s no need for you to assume anything.
The Burden of the Defendant
There are many complex issues to understand regarding how contributory negligence affects compensation in North Carolina auto accidents. However, the first thing you should recognize is that the burden of proof is completely on the defendant. In the previous example of a driver running a red light, the defendant may fully believe that your speeding contributed to the accident. However, this belief is not enough.
Put simply, contributory negligence is a legal defense. If the liable party in your auto accident claims you were partially at fault, it’s not your responsibility to prove otherwise. This gives you a slight advantage in a court of law — and that’s why personal injury lawyers are often able to negotiate fair settlements without going to court. However, litigation may become necessary in order to secure financial recovery.
Keep in mind that insurers can use anything you tell them during negotiations as evidence in court. This is why you should only have a legal professional handle settlement negotiations on your behalf. It’s an unfortunate fact, but one simple misstep or confused answer can decrease your odds of securing fair compensation.
Mitigating the Effects of Contributory Negligence in North Carolina
North Carolina is one of the worst possible states to suffer an injury, and this is completely due to contributory negligence laws. However, there are some ways that these strict rules are mitigated. Contributory negligence in North Carolina auto accidents often results in unfair outcomes, but the following legal doctrines may help:
- “Last Clear Chance”: Courts will review whether the defendant had the last clear chance to avoid an accident and negligently failed to do so.
- Proximate cause: If a plaintiff’s actions do not meet the threshold of “proximate cause” — meaning injuries were a foreseeable result of their actions — they may not be barred from recovering compensation.
- Gross negligence: Even if an injured victim contributed to their own harm, they can still recover damages if the defendant’s actions were “willful or wanton.” This means they were essentially indifferent to the safety of others or intentionally caused harm.
Everyone in the legal and legislative communities understands that contributory negligence is a strict legal doctrine. This is why there are mitigating factors considered even in states that recognize this outdated concept. Still, the ideal way to secure fair compensation in your case could vary based on the unique circumstances of your claim.
How to Ensure You’re Fairly Compensated for Injuries
Even with potential mitigation strategies, contributory negligence in North Carolina still creates significant challenges for auto accident victims. Many within the legal community see this approach as unfair, and this helps explain why only four states still used this approach by 2024. However, this strict legal doctrine does not have to derail your case. In many instances, working with a legal professional will prove beneficial.
Whether you suffered minor cuts and bruises or catastrophic injuries, you should never speak with an insurance company on your own. They will try their best to have you admit any level of fault — because in North Carolina, this will be disastrous for your case. By having an attorney handle settlement negotiations and any potential litigation, it’s easier to avoid mistakes that could prove costly.
Contributory negligence affects North Carolina auto accident claims in unfortunate ways, but at Rowland & Yauger Attorneys & Counselors at Law, we’ll fight to help you secure a favorable outcome. Contact us at 910-947-2280 to schedule your free consultation.
