Contributory Negligence in North Carolina – All You Need to Know

While many states in the U.S. follow some type of comparative negligence doctrine when it comes to personal injury cases, North Carolina follows a contributory negligence framework instead. Whether you have been hit by a distracted driver along South 17th Street in Wilmington or suffered in a boating accident along the Brunswick River, understanding contributory negligence in North Carolina is essential, and a personal injury lawyer is here to help.

Understanding Contributory Negligence in North Carolina

In 2024, across the United States, personal injury cases surged by 78% and injured victims suffered around $1.3 billion in costs. In North Carolina, when personal injury cases arise, the legal doctrine of contributory negligence applies and, depending on the percentage of fault in the accident that led to your injury, can greatly impact the outcome of your case.

Under contributory negligence law, even as little as 1% of fault could prevent you from recovering damages in a personal injury case. Insurance companies often will implement this rule to deny your claim, so evidence and witness testimony often become an essential piece of the legal puzzle.

Over the past several years, preventable deaths have increased by 157%, highlighting the need for a skilled attorney who can provide the necessary support and evidence for personal injury victims.

Defending Against Fault in a Personal Injury Case

For example, if you suffered a traumatic brain injury in a car crash that was caused by another driver, you would have the legal right to pursue compensation from the at-fault party. However, if it is determined that you were speeding when the accident took place or were using your cell phone, then you could be denied compensation due to sharing a portion of fault.

However, despite the strict nature of contributory negligence law, there are certain defenses available that can be implemented should a victim be accused of any share of fault. These defenses can include:

• Using evidence to prove you shared no actual fault in the accident that resulted in your injuries
• Challenging any incomplete or inaccurate assessments made by the involved insurance companies
• If appropriate to your case, your attorney may be able to apply the last clear chance doctrine, showing that the defendant should have understood that their actions would cause harm to the victim and did not stop it.

In other circumstances, your attorney may be able to prove that the at-fault party’s actions were wanton and willful, meaning that at the time of your accident and injury, they were demonstrating reckless behavior or a complete disregard for the safety of others.

While the contributory negligence laws of North Carolina can be tricky when it comes to personal injury cases, a seasoned attorney is here to gather evidence, interview witnesses, and build a compelling case on your behalf that minimizes any suggestion you shared fault in the accident.

How Negligence Is Determined in Personal Injury Cases

Understanding how negligence is legally determined in a personal injury case can prove helpful when facing the contributory negligence law. In any personal injury case in the Tar Heel State, establishing negligence is crucial, and to be successful in a compensation claim, your lawyer needs to be able to prove four key elements, which include:

• Duty of care. The at-fault party held a legal obligation to act in a safe manner in order to prevent others from suffering harm.
• Breach of duty. The at-fault party failed to meet this obligation through an act of recklessness or negligence.
• Causation. The breach of duty acted upon by the at-fault party was the direct cause of the accident.
• Damages. You, the victim, suffered actual injuries and other losses as a result.

In a North Carolina personal injury case, establishing these four elements is critical to proving the liable party’s fault and preserving your rights to full damage recovery. At Christina Rivenbark & Associates, our team is here to gather and preserve any evidence available to keep the case focused on the liable party and their share of fault and negligence.

FAQs

Can I Recover Punitive Damages in a North Carolina Personal Injury Case?

In a personal injury case in North Carolina, yes, you may be able to recover punitive damages. Awards of this nature are very rare; however, when they are involved in a case, they can add a significant amount of value to your claim. For punitive damages to be recovered, it must be proven that the liable party acted with gross and egregious negligence and disregard for your safety.

What Should I Say if the Insurance Company Calls Me?

If the insurance company calls you following a personal injury accident, it is wise that you say as little as possible to them. Most insurance adjusters are trained in conversation tactics that lead you to make a statement that can later be used as proof of contributory negligence. In most cases, should you receive a call from an insurance company, you should simply say nothing and refer them to your attorney.

When Do I Need to Hire a Personal Injury Lawyer?

You should hire a personal injury lawyer as soon as possible following your accident and injury. The earlier you hire a lawyer, the earlier evidence can be preserved, your rights can be protected, and insurance companies can be prevented from using your statements against you. It is especially important to hire a lawyer who can protect you from the contributory negligence law.

What Does It Cost to Hire a Personal Injury Lawyer in North Carolina?

In North Carolina, the costs to hire a personal injury lawyer are entirely subject to the circumstances of your case and the education and experience of your attorney. In more complicated cases, where it is more difficult to determine fault or where the insurance company or liable party refuses to settle, the costs of retaining legal services may be more expensive than in a simpler case.

Hire a Personal Injury Lawyer Today

When the time comes to hire a personal injury lawyer in North Carolina, Christina Rivenbark & Associates is here to serve you. Contact our offices today to learn more and to book an initial consultation.