What is Contributory Negligence?
Contributory negligence is a legal doctrine that bars a plaintiff from recovering damages if they are found to be even 1% at fault for their injury. This means that if you share any responsibility for the accident, you may lose the right to compensation.
How Does This Impact Your Claim?
For example, if you were in a car accident where the other driver ran a red light but you were speeding, a court might find you partially responsible. Under contributory negligence, this could mean you receive no compensation for your damages.
Exceptions to Contributory Negligence
There are a few exceptions to this strict rule:
1. Last Clear Chance Doctrine: If the defendant had the last opportunity to avoid the accident but failed to do so, you might still recover damages.
2. Defendant’s Gross Negligence: If the defendant’s actions were reckless or intentional, contributory negligence may not apply.
Why You Need Legal Help
Because contributory negligence can completely bar your claim, insurance companies often try to prove you share some fault. Having an experienced personal injury attorney can help you:
• Gather Evidence to show the other party’s full responsibility.
• Negotiate with insurers who may use this rule to deny your claim.
• Navigate Exceptions that may still allow you to recover damages.
Protect your rights by understanding how contributory negligence works in North Carolina. In personal injury cases, fault matters more than you think.
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