How Does Contributory Negligence Affect My Car Accident Claim?

How Does Contributory Negligence Affect My Car Accident Claim?

Direct Answer: If you are found even 1% at fault for your car accident in North Carolina, you cannot recover any compensation from the other driver, regardless of how seriously you were injured or how much the other driver was at fault.

North Carolina's Contributory Negligence Rule

North Carolina is one of only a few states that follows the harsh contributory negligence rule. Under this legal doctrine, any degree of fault on your part—no matter how minor—completely bars you from recovering damages. This means if a jury determines you were 99% innocent and the other driver was 99% at fault, you still receive nothing if you bear any responsibility for the crash.

Common Examples of Contributory Negligence

Insurance companies aggressively look for ways to blame accident victims to avoid paying claims. They may argue you were:

• Speeding, even slightly over the limit
• Distracted or not paying full attention
• Failing to use turn signals properly
• Not wearing a seatbelt (in certain circumstances)
• Violating any traffic law, however minor

How We Protect Your Car Accident Claim

At The Law Offices of John M. McCabe, we understand how insurance companies use contributory negligence to deny valid claims. We thoroughly investigate accidents to prove the other driver's complete fault and counter any allegations that you contributed to the collision.

Our car accident lawyers gather evidence, interview witnesses, and work with accident reconstruction professionals to demonstrate that your actions did not cause or contribute to the crash.

Don't let insurance companies use North Carolina's strict contributory negligence rule against you. Contact our personal injury lawyers to discuss your case and learn how we can protect your right to fair compensation.