If you’ve been injured in a car accident in North Carolina, you may be shocked to learn that you could be denied compensation—even if the other driver was mostly at fault. This is due to a harsh legal rule called contributory negligence, which is different from the laws in most other states. Understanding this rule is crucial if you’re involved in a personal injury case.
What Is Contributory Negligence?
Contributory negligence is a legal doctrine that prevents someone from recovering damages if they are found to be even 1% at fault for an accident. That means if the other driver was 99% responsible but you were just slightly negligent, you may be completely barred from receiving any compensation for your injuries, medical bills, lost wages, and pain and suffering.
North Carolina is one of only a handful of states that still follows this strict rule. Most other states have moved to a comparative negligence system, where an injured party can still recover damages even if they were partially at fault. In those states, compensation is reduced based on the percentage of fault, but it is not entirely eliminated.
How Contributory Negligence Hurts Injured Victims
Because North Carolina’s contributory negligence law is so strict, insurance companies often use it to deny claims. Even if you have serious injuries and strong evidence that the other driver was at fault, the insurance company may argue that you were slightly responsible—just enough to prevent you from getting any compensation.
Here’s how this unfair system can negatively impact car accident victims:
- No Compensation for Medical Bills or Lost Wages
If you’re even slightly at fault, you may be left to cover the costs of your medical treatment, lost wages, and other expenses on your own. - Insurance Companies Use It Against You
Insurance adjusters know how to exploit North Carolina’s strict negligence law. They may try to shift even a tiny percentage of blame onto you to avoid paying your claim. - Unfair to Injured Victims
In many cases, an accident victim is left without any financial help simply because they were accused of a minor mistake. This can be devastating for those facing costly medical bills and long recoveries.
What Can You Do If You’re Injured in an Accident?
Since North Carolina’s contributory negligence law is so strict, it’s essential to protect yourself from the start.
Here are some steps to take if you’ve been injured in an accident:
- Don’t admit fault at the scene, even casually.
- Gather evidence, including photos, witness statements, and a police report.
- Speak with a personal injury attorney as soon as possible. An experienced lawyer can fight against unfair blame and help you pursue compensation.
Conclusion
North Carolina’s contributory negligence law makes it incredibly difficult for injured victims to receive the compensation they deserve. Unlike most states that allow for partial recovery, North Carolina’s outdated rule can leave accident victims with nothing. If you’ve been hurt in a car wreck, don’t let the insurance company take advantage of you—reach out to a skilled attorney who can fight for your rights.
If you have questions about your case, contact a North Carolina personal injury lawyer today to discuss your options or call 24/7 at 919-980-9895 for a free consultation with a skilled attorney from our firm to discuss your specific situation. Our office is conveniently located at 3400 Croasdaile Drive, Suite 300. Durham, NC. We are ready to help you understand your legal options.
