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Beware of North Carolina’s contributory negligence law

On Behalf of | Mar 17, 2021 | Motor Vehicle Accidents

A car accident can wreak havoc on your life. It can leave you with extensive physical and emotional pain and suffering, and the financial ramifications, often seen in the form of medical expenses and lost wages, can be enormous. With that in mind, you might find yourself wondering what you can do to find accountability and recover compensation for you damages. While taking an aggressive approach to a personal injury claim to try to impose liability may be your best bet, there’s something else you’ll want to be aware of as you prepare your claim.

North Carolina’s contributory negligence law

North Carolina is one of just a handful of states that still recognizes contributory negligence. What this means is that if you’re found to be partially at fault for an accident, then you’ll be prevented from recovering compensation. This is a hardline compared to other states, many of which allow for a judgment to be reduced by the fault allocated to the recovering party. This means that you need to carefully analyze your case so that you can spot any potential issues with contributory negligence before you’re taken by surprise.

Playing defense

Even though you need to be on the attack when pursuing a personal injury claim, contributory negligence also forces you to play defense. After all, contributory negligence is probably the most common defense in these car accident cases. So you’ll want to make sure that you have a full understanding of the facts and hand and consider using an expert, like one skilled in accident reconstruction, who can give a judge and jury a clear picture of exactly how the accident in question occurred.

Find the help you need

Car accident cases can be challenging given our State’s contributory negligence law, which is why it may be best to work closely with a legal advocate. Those attorneys who have extensive experience in this field know how to anticipate defense arguments and diligently work to create counterarguments. If you want the holistic and aggressive representation you deserve, then you may want to consider reaching out to one of these legal teams.