Personal injury victims need compensation when they are injured due to someone else’s negligence. Unexpected costs, such as medical bills, lost wages, property damage, and pain and suffering, can pile up quickly. Sometimes, the burden feels insurmountable.
Each state has different rules for recovering damages for personal injury. Some apply a more lenient standard where victims can recover as long as they weren’t primarily at fault for their accident. In North Carolina, contributory negligence determines liability by preventing anyone who is even slightly responsible for the accident from seeking damages.
If you were injured and need help establishing that the other party was 100% to blame, contact a personal injury lawyer serving the Carolinas for representation.
Pure Contributory Negligence In North Carolina
North Carolina follows a pure contributory negligence standard to determine liability. An injured party who is found to be even 1% at fault for the incident may be completely barred from recovering damages (with some exceptions).
If you think this rule seems harsh, you’re not alone. Most states have adopted more flexible systems to compensate victims who share some blame for their accident. North Carolina remains one of only a handful of states that continue to follow this older common law rule.
North Carolina’s laws strongly favor defendants, the people who caused your injury, and insurers, the companies that typically pay for your recovery. In our state, if defendants can prove that your actions contributed to the accident, you can be barred from recovering any damages.
Insurance companies and defendants thrive in North Carolina’s legal system. If you’ve been injured in North Carolina due to someone else’s negligence, you’ll need aggressive attorneys on your side.
With Auger & Auger, you can rest assured that we will fight to maximize your personal injury claim.
The Role of Legal Counsel in Contributory Negligence Cases
Legal counsel plays a more critical role in North Carolina personal injury cases than in other states with more plaintiff-friendly rules. With virtually no room for error, your North Carolina personal injury attorney will begin strategizing from the initial consultation.
Insurance companies are fully aware of the advantages this rule gives them. They use aggressive tactics, such as wrongful denial, whenever possible. Wrongful denial happens when an insurance company denies a valid claim that’s covered under your policy. Insurance companies exist to make a profit and will gladly do so at your expense.
Our experienced personal injury lawyers protect your right to recovery. We stop wrongful denial tactics in their tracks. From gathering evidence to presenting your case, we’ll work relentlessly to demonstrate that the defendant was solely at fault for your North Carolina personal injury.
Without legal guidance, injury victims are vulnerable to sophisticated defense strategies. They may unknowingly make statements or decisions that jeopardize their claim.
In a state like North Carolina, with a contributory negligence doctrine, even everyday phrases like “I’m doing fine” can tank your chances for recovery. An attorney will handle all communications with adjusters to avoid that risk.
How Liability Is Determined Under North Carolina’s Contributory Negligence Rule
Establishing liability in a North Carolina personal injury case is two-fold.
First, the injured party must prove that the defendant acted negligently—meaning they breached a duty of care that they owed to the victim, which resulted in the victim sustaining damages.
Negligence can include actions such as running a red light, failing to maintain safe property conditions, or speeding.
If (and when) the insurance carrier raises a contributory negligence defense, they must prove it. This defense is powerful because even minor behavior, like distracted walking, can shift blame.
If proven, the plaintiff loses the right to recover compensation altogether. While the burden of proof is technically on the defendant, you want an attorney who can help prove you aren’t to blame.
Consider a collision in which one driver runs a red light and crashes into another vehicle. If the driver who was struck is found to have been speeding, even by a small margin, the insurance company may argue that the speeding contributed to the severity of the crash.
Under North Carolina law, that could be sufficient to deny the injured driver’s claim entirely, despite the other driver’s clear violation of traffic laws.
Needless to say, these cases demand a detailed approach. Investigating the facts, securing records, and anticipating potential defense arguments are all crucial to securing compensation.
Exceptions to the Doctrine of Contributory Negligence in North Carolina
There are exceptions to the Doctrine of Contributory Negligence. The two most commonly used exceptions are the Last Clear Chance doctrine and the Gross Negligence doctrine.
Basically, if you can prove that either the defendant (the person who caused you injury) could have easily prevented the injury, or if they were acting recklessly (like driving drunk), you don’t have to worry about losing your chance at recovery if you were partially at fault.
The Last Clear Chance Doctrine
The plaintiff must prove:
- That they were in a position of danger from which they could not escape;
- The defendant knew or should have known about the plaintiff’s dangerous position;
- The defendant had the time and ability to avoid the accident; and
- The defendant negligently failed to avoid the injury.
The Gross Negligence Exception
Under the gross negligence doctrine, the injured party must prove that the defendant’s actions were “grossly negligent.” Gross negligence means the defendant was willful or wanton in causing harm.
Gross negligence overrides the defendant’s contributory negligence defense. The most common application of the gross negligence doctrine is when the defendant was legally intoxicated or impaired, causing a car accident.
The Significance of Zero-Fault Findings in North Carolina
A successful personal injury claim in North Carolina hinges on establishing 100% fault on the defendant’s part. There is no margin for error.
If the defense persuades a jury or adjuster that the victim was even minimally responsible for their own harm, the case may be lost in its entirety.
This legal framework creates significant pressure during every phase of the claims process.
Insurance companies routinely search for any reason to argue contributory fault. Common examples include:
- Claiming a pedestrian was looking at their phone before a fall
- Arguing that a driver failed to brake in time to avoid a collision
- Suggesting that an injury victim failed to heed warning signs or safety instructions
Each of these allegations could end a North Carolina personal injury case. Unfortunately, the extent of the victim’s damages does not play a role in the outcome without the defendant being solely to blame.
A compelling claim must be built from the ground up and supported by a full investigation.
Steps to Take After an Accident to Protect Your Claim
If you are injured in North Carolina, your actions in the moments and days following the accident can determine your claim’s outcome.
- Seek medical attention immediately. Prompt medical care creates a clear and timely record linking your injuries to the incident.
- Preserve evidence at the scene. If you are physically able, take photographs of the surroundings, any visible hazards, the vehicles involved (if applicable), and any injuries. Try to obtain contact information from any witnesses.
- Refrain from making any statements that could be interpreted as an admission of fault. Casual remarks, such as “I didn’t see them” or “I’m sorry,” can be misinterpreted in a legal setting.
- Do not communicate with the at–fault party’s insurance company without legal representation. Insurance adjusters are trained to elicit damaging admissions that suggest contributory negligence.
- Consult a North Carolina personal injury attorney as soon as possible. Early legal involvement gives your attorney the best chance of success and lets adjusters know you mean business.
Remember, there’s a limit to how long you have after an accident to bring your legal claim. The Statute of limitations creeps up fast. You should initiate your claim as soon as possible to avoid missing strict legal deadlines.
Contact Auger & Auger for Legal Assistance
If you or a loved one has been injured in an accident in North Carolina, and you believe someone else is to blame, act fast. Even a minor misstep can jeopardize your ability to recover compensation.
At Auger & Auger, we have over three decades of experience handling personal injury claims in North Carolina. We understand how to develop and present cases that demonstrate full responsibility on the part of the defendant while defending against attempts to assign blame to our clients.
From initial investigation to final resolution, we work diligently to pursue the compensation you need to move forward.
With our A&A Zero Fee Guarantee, you will not pay any legal fees unless we win your case.
To schedule a confidential consultation, please contact us by phone or complete the form on this page. Let us fight for the justice and financial recovery you deserve.
