After a car wreck, you might be looking to file a claim against the person who caused the crash. There are many laws that apply to car accidents, and one very important law you need to know about is the contributory negligence rule. This rule will greatly affect your North Carolina claim, so it’s imperative you learn about it.
What Is Contributory Negligence in North Carolina?
Contributory negligence is the concept that more than one party can contribute to or be responsible for the cause of an accident—in your case, a car accident. An accident is not always caused by one person, and in many instances, the fault rests with multiple involved parties.
For example, if a red light runner speeds through an intersection, they can be to blame for causing an accident; however, if you were texting while driving and might have avoided the accident had you not been looking down at your phone, you could also be considered partially to blame for the wreck.
What happens if both you and the other party are to blame for the accident? You won’t be able to submit an injury claim or lawsuit against the other person because of the law of contributory negligence.
How Does the Contributory Negligence Rule Affect Your Car Crash Claim?
The law of contributory negligence bars any party from seeking damages from another party if both were at fault for the accident. Even if the other party was more to blame than you were, you still won’t be able to seek damages in North Carolina for a vehicle wreck.
Other states follow a different rule called comparative negligence, which compares the blame of both parties. Under this rule, an accident victim can still seek damages from the other party as long as the other party was more at fault than they were.
So how does this law affect your NC claim? If you are found somewhat at fault for your accident, you won’t be able to file a claim at all. However, if you weren’t at fault for the accident at all, then you can feel confident that you should win your injury claim against the party that hurt you.
Reach Out to a Vehicle Crash Lawyer for Help
North Carolina injury laws are complex, and the injury claims process can be a challenge to navigate. In addition, you might not know whether you have a case or not; however, you shouldn’t make the mistake of believing you don’t have a case without talking to a lawyer first. Your lawyer will know more about whether your case can go forward.
Obtain a free case review by dialing Nye Law Group directly at 704-285-6319. You can also send in the form on this webpage to reach out to us. If you didn’t cause the vehicle wreck that injured you in North Carolina, then you are owed full compensation for your losses. Your attorney will work to secure a settlement for you from the party that caused your collision.