Unlike the majority of states, North Carolina is one of only four states that still follows an old common law rule of torts known as contributory negligence. Under this archaic rule, whenever a person is found to share any responsibility at all for his or her injuries, the person is barred from recovering compensation for those injuries. This means that if a plaintiff in a personal injury action is found to be even as little as 1 percent at fault, then the plaintiff will get nothing from the defendant, despite the fact that the defendant still is 99 percent at fault for the plaintiff's injuries.
At Grandy & Martin, we know how to prove who is liable for an accident, and it takes skilled counsel to combat claims or contributory negligence. Contact us today to learn more during a free consultation about how we can help you overcome this claim and still recover much-needed compensation for your injuries or loss of a loved one in a wrongful death case.
Under current state law, North Carolina contributory negligence can be used as an affirmative defense in a personal injury lawsuit. This means that the defendant has the burden of proving that the plaintiff's own actions or lack of action were a proximate cause of the plaintiff's injuries. If the plaintiff could have prevented their injuries in any way or contributed to any kind of accident, such as a
car accident, they cannot recover any compensation for their injuries, since they were also a source of the cause.
In certain cases, the contributory negligence defense can be overcome. In some cases, our
Charlotte accident attorneys can prove that the defendant's willful and wanton acts caused the injury and then the defendant cannot claim contributory negligence that bars the plaintiff from recovery. On that same note, if the plaintiff can show that the defendant had the last clear chance to avoid an accident and did not do so, then the defendant can still be held accountable even if a plaintiff is found to have been somewhat at fault for the accident. A judge can also determine that contributory negligence claim should not be considered if the plaintiff presents compelling evidence to negate this affirmative defense.
Although the North Carolina has proposed a new comparative negligence statute that would allow a plaintiff to recover damages according to the proportionate negligence of the defendant(s), even when the plaintiff is partially responsible for causing his own injury, until this new measure is passed, it is critical that you have a skilled personal injury lawyer on your side to fight allegations that you are even slightly responsible for the accident and, therefore, barred from recovering any compensation for your injuries.
At Grandy & Martin, we have over 25 years of experience handling all types of personal injury claims with an attention to detail, close client contact and exploring every legal avenue. Contact us today to set up a free consultation to learn more about how we can help you recover the compensation you deserved when you have been hurt as a result of someone else's negligence, wrong doing or carelessness.
