Did you know that being just 1% at fault in a car accident in North Carolina could prevent you from receiving any compensation for your injuries? North Carolina is one of only 4 states (plus the District of Columbia) that have strict contributory negligence laws on the books.

Unlike the majority of states that follow comparative negligence principles, in North Carolina if you’re found even slightly responsible for an accident, you may be barred from recovering damages.

What Is Contributory Negligence?

Contributory negligence is a legal doctrine stating that if an injured party has contributed in any way to the incident that caused their injuries, they are prohibited from recovering any compensation. This means that even a minor fault on your part can eliminate your ability to claim damages from the other party involved.

How Does Contributory Negligence Affect Car Accident Claims in North Carolina?

In the context of motor vehicle accidents, contributory negligence can have significant implications. For instance, if another driver runs a red light and collides with your vehicle, but evidence shows you were slightly exceeding the speed limit, you could be deemed partially at fault. As a result, under North Carolina’s contributory negligence rule, you might be prevented from recovering any compensation for your injuries or damages.

Exceptions to Contributory Negligence

Despite its strict application, there are exceptions to the contributory negligence rule in North Carolina:

• Last Clear Chance Doctrine: If you can prove that the other party had the final opportunity to avoid the accident but failed to do so, you may still recover damages despite your own negligence.
• Gross Negligence or Willful Misconduct: If the other party’s actions were intentional or particularly egregious, contributory negligence may not bar your recovery.

Protecting Your Rights After an Accident

Although North Carolina’s contributory negligence laws can make recovering damages after a motor vehicle accident challenging, taking the right steps can help protect your claim. 

First, seek medical attention right away so that any injuries are properly documented by a healthcare professional. 

Next, gather evidence from the accident scene, including photographs, witness statements, and any other relevant details. Be mindful of what you say to law enforcement and insurance adjusters, as admitting any level of fault could affect your ability to recover compensation. 

Finally, contact one of our experienced car accident attorneys to help you understand how these laws apply to your case and ensure you have an advocate on your side.

How Green Mistretta Law Can Assist You

At Green Mistretta Law, located in Wake Forest, North Carolina, we understand the challenges that contributory negligence laws present for accident victims. Our team is committed to thoroughly investigating your case, gathering compelling evidence, and advocating for your rights to pursue the compensation you deserve. If you’ve been involved in a motor vehicle accident, contact us today for a free, no-obligation consultation.