If you’ve been in a motor vehicle accident in North Carolina, understanding the state’s contributory negligence law is essential. This law could impact your ability to recover compensation for injuries.
What is contributory negligence?
Contributory negligence is a legal principle that means if you’re found to be even slightly at fault for an accident, you may be barred from receiving compensation for your injuries. In North Carolina, this law is strict compared to other states that use comparative negligence. Comparative negligence allows you to recover some damages even if you share fault. Here, any degree of fault on your part could result in a complete loss of your claim.
How does it affect your claim?
What if you’re in an accident and it’s partly your fault? If the other driver can prove that your actions contributed to the crash, you could be denied any compensation, even if your injuries are severe. This rule places a heavy burden on individuals involved in accidents, as they must demonstrate that they were not at fault in any way.
What if you’re not at fault?
If you’re not at fault, proving this is key to recovering damages. You’ll need strong evidence, such as police reports, witness testimony, and dashcam footage, to support your case. If the other driver’s actions clearly caused the accident and you didn’t contribute in any way, then you’re more likely to get the compensation you deserve.
Protecting your rights under contributory negligence
Despite the strictness of contributory negligence, you can still protect your rights. Being careful at the scene, gathering evidence, and understanding your legal options will help make a difference in how your case plays out.