Personal Injury Defense

Contributory Negligence Lawyers in Chapel Hill, North Carolina

North Carolina is one of only four states that follow the Doctrine of Contributory Negligence. Under this doctrine, individuals who are injured in an accident, but were partially at fault (who "contributed" to the accident) are barred from recovery against another party who was involved in the accident, even if the other party was primarily at fault for the accident.
Therefore, if you are badly injured in a car accident which another person was primarily responsible, but it is determined that your actions "contributed" to causing the accident (you were found to be contributory negligent), you would not be able to recover from the individual who was primarily responsible for your injuries.

Due to the severe results of the application of this standard, most states have adopted a Comparative Negligence standard whereby the person who is primarily responsible for the accident would be liable for the proportionate amount of damages caused by their negligence. Unfortunately for those who are injured in North Carolina, contributory negligence is still the law.
Be advised that insurance companies who represent drivers and others are very familiar with the Doctrine of Contributory Negligence. Frequently, it will not make sense to give any statements to the insurance companies without having consulted with or having hired an attorney or lawyer. However, if you decide to speak with responsible party's insurance company, be aware of the contributory negligence issue.

Free personal injury legal consultations are available.
The attorneys and lawyers at Everett Law Firm, P.A. understands the issues of contributory negligence in North Carolina.  Please feel free to email us or call our Chapel Hill law office, conveniently located in Chapel Hill, to discuss your contributory negligence case. Our toll free phone number is (800) 942-8048.