In most states in the nation, the negligence of an accident victim might diminish the damages he or she can be awarded from another negligent party, but North Carolina is one of the few states in the country that adheres to the standard of contributory negligence. In short, contributory negligence is a defense that can be raised by a defendant in which the plaintiff will be barred from recovery if he or she was even the slightest bit at fault for his or her injuries.
Contributory negligence also makes it critical for victims to avoid speaking about their accidents to any insurance companies until they have legal representation. If you were injured or your loved one was killed in a motor vehicle crash in North Carolina, you should contact the Nye Law Group as soon as possible. Our skilled personal injury lawyers can handle phone calls from insurers on your behalf.
North Carolina Contributory Negligence Law
The North Carolina Supreme Court held in Newton v. New Hanover County Board of Education, 342 N.C. 554, 564 (1996) that a plaintiff is contributorily negligent when he or she fails to exercise the degree of care an “ordinarily prudent person” would in order to avoid injury. An important distinction that applies to many car collision cases, however, concerns whether a victim’s negligence contributed to the cause of the crash.
For example, a driver who was speeding could still possibly recover damages from another driver if the other driver was at fault for causing the collision. Children under 7 years of age are also presumed to be legally incapable of contributory negligence.
North Carolina General Statute § 20-135.2A.(d) further provides that evidence of failure to wear a seat belt cannot be used as evidence of contributory negligence. It is also important to keep in mind that contributory negligence defenses may not be allowed for defendants who the court finds to be grossly negligent—meaning that they have engaged in a form of will or wanton misconduct, such as driving under the influence (DUI) of drugs or alcohol.
Avoiding Contributory Negligence Traps in North Carolina
When you have been involved in a car accident in North Carolina, you should make sure to not discuss your crash with anyone until you have retained legal counsel. Be especially careful to avoid speaking to any representatives from insurance companies for the other drivers.
Agents for such insurers will frequently express concern and seem genuinely willing to take care of you, but they are often trying to get you to make incredibly damaging recorded statements that the insurance company will later use to reduce your payout. Any admission of fault in one of these conversations can be devastating.
You should also be mindful of what you say to other drivers following that accidents. Do not sing any kind of agreement presented to you until you can have it reviewed by an attorney.
Find a Car Accident Lawyer in North Carolina
Did you sustain serious injuries or was your loved one killed in a car crash in North Carolina? You will want to contact the Nye Law Group for an aggressive pursuit of justice.
Our experienced personal injury attorneys can provide an honest and thorough evaluation of your case when you call 855-636-9277 or contact us online to receive a free consultation.
