Understanding North Carolina's Contributory Negligence Rule
Key Takeaways:
- North Carolina follows a pure contributory negligence rule, meaning victims found even 1% at fault cannot recover compensation.
- Insurance companies often use this rule to deny or undervalue claims, making negotiations challenging for injured victims.
- Any statement that hints at fault — even a simple “I’m sorry” — can be used against you to argue contributory negligence.
- Avoid giving recorded statements to insurers without legal guidance; minor inconsistencies can hurt your case.
- An experienced attorney can gather evidence, refute blame, and build a strong case showing you did not contribute to the accident.
- Kornbluth Ginsberg Law Group has the experience needed to protect your rights and fight for fair compensation under NC’s strict system.
Fighting for fair compensation after an accident can be challenging. North Carolina rules can make the process even more confusing and frustrating for injured accident victims. The state follows a strict pure contributory negligence doctrine in personal injury cases that many accident victims find unfair.
Under the pure contributory negligence rule in North Carolina, when a victim files a personal injury lawsuit, if the court finds that the victim’s own negligence was in any way a proximate cause of the accident, the injured victim is barred from recovering any compensation for their injuries. If a contributorily negligent plaintiff is even 1 percent responsible for causing an accident, the injured party cannot recover damages for any of their losses.
That differs from states that follow the comparative negligence doctrine, where a percentage of fault decreases the injured person’s compensation by the same percentage. Many states with comparative negligence systems bar compensation only for individuals whose percentage of fault is 50 percent or more.
With so much at stake, you should never try to handle your personal injury claim on your own. You need an attorney who has experience in establishing that their clients bore no share of the fault for their own accident. The lawyers of Kornbluth Ginsberg Law Group, P.A., are those kinds of attorneys.
Contact us today or call us 24/7 at 919-980-9895 for a free consultation about how we can help you deal with North Carolina’s contributory negligence rule.
Visit us at 3400 Croasdaile Drive, Suite 300, Durham, NC. For your convenience, we provide multiple parking options, including on-site parking, free street parking, and access to a free parking lot. We also offer wheelchair-accessible parking to ensure everyone can easily visit us.
How North Carolina’s Contributory Negligence Rule Works
In North Carolina, when more than one party is at fault for an accident, the contributory negligence law comes into play. The court reviews a case, each attorney’s arguments, and the available evidence. The court then determines liability and assigns a percentage of fault to each individual involved.
If an accident victim’s percentage of responsibility for causing an accident is anything other than zero, they are barred from recovering compensation for their medical expenses, lost income, pain, suffering, property damage, and other accident-related losses.
Although the contributory negligence rule is binding only in court cases, insurance companies use it to guide how they value claims. Often, insurers evaluate a claim as they believe a court would with the same information. If the court would bar someone from recovering compensation for their role in causing the accident, the contributory negligence rule would give the insurance company the excuse it needs to diminish the value of a claim or outright deny it.
How Contributory Negligence Affects Your Injury Claim
It is easy to see how insurance companies may use the contributory negligence rule to their advantage to reduce a plaintiff’s payout for an injury. They can offer pennies to accident victims or deny claims entirely, knowing that a court case in which an individual is found to bear any liability will yield the victim zero compensation. It becomes a “take it or leave it” situation where accident victims may feel they have little leverage or negotiating power.
While pursuing fair compensation for your injuries may feel like an uphill battle, there are things you can do to improve your position. Even a small admission of fault, a minor mistake, or an omission of details could hurt your claim. An insurer can and will use any statements you make against you to help them save money and avoid a claim payout. For that reason, you should speak with our experienced personal injury attorneys right away and avoid giving the insurer a recorded statement.
Insurance adjusters can use discrepancies in a recorded statement to diminish or deny your claim. An individual in pain due to injuries or under intense pressure after an accident may not think clearly enough to offer an insurer a complete and detailed statement. Insurers know that and may exploit that knowledge to their advantage and your detriment.
Do not let them get away with it. Get help from our attorneys to stand up for your rights and interests.
How Our Lawyers Address Contributory Negligence in Personal Injury Claims
Involving our attorneys as soon as possible following an accident could help you clear the hurdles presented by contributory negligence in North Carolina. The linchpin of contributory negligence is placing some level of liability on the victim. Our knowledgeable North Carolina injury attorneys understand how to counter an insurer’s efforts to shift blame and work to build an evidence-based claim that offers the best chance of a favorable outcome.
Our lawyers are prepared to gather evidence that substantiates your position and refutes fault, showing that you acted reasonably under the circumstances and that your actions did not contribute to causing the accident. Our attorneys can also work to collect evidence that can help prove sole negligence on the part of the opposing party.
Overall, a skilled attorney from Kornbluth Ginsberg can work to undermine the other side’s claims of shared fault. The key is presenting a persuasive and compelling case in the courtroom or at the negotiating table.
Why You Need an Experienced North Carolina Personal Injury Lawyer
You need our experienced North Carolina personal injury lawyers because too much is at stake. One misstep is all it takes for an insurer or opposing attorney to pounce on the contributory negligence defense and claim you shoulder some liability for causing the accident. Even saying “I’m sorry” at the incident scene can be enough for an insurer to claim that you were admitting responsibility.
The first step in protecting your rights and fighting for the money you deserve is to contact a skilled lawyer at Kornbluth Ginsberg. You need a lawyer who understands how the North Carolina contributory negligence system works and how to build a claim that counters the arguments insurers and opposing attorneys use to prevent you from recovering fair compensation. At Kornbluth Ginsberg, we have that knowledge. Our legal team treats clients like we would want to be treated and works toward the most positive outcomes possible.
Speak With Kornbluth Ginsberg Law Group, P.A., Today
Many accident victims feel overwhelmed and intimidated after an accident, and these feelings prevent them from taking steps to recover the compensation they deserve. At Kornbluth Ginsberg Law Group, P.A., we are ready to fight for you. Our legal team knows how to counter the arguments used to unfairly shift blame onto you and limit your ability to pursue compensation.
Contact our office online today or call us 24/7 at 919-980-9895 for more information and to request a free consultation with a North Carolina personal injury lawyer at our law firm.
