Contributory Negligence

Proving who is at fault

Proving who is at fault in an accident is not about finding a convenient person to blame. Insurance companies will look closely at the law enforcement department's report on your accident and the circumstances involved in it. In the state of North Carolina it is even more imperative to determine the negligent party in an accident, because of the doctrine of contributory negligence.

Contributory Negligence

North Carolina is one of only four states in the US that continues to accept contributory negligence as a defense available to bar one person's claim against another. This doctrine holds that individuals have an obligation to refrain from acts that can cause injury to others. They must also avoid exposing themselves to harm. North Carolina's contributory negligence laws can bar a victim's recovery for injuries sustained in a car accident, because the defendant can argue that if a plaintiff is even slightly to blame for the car accident he was involved in, he should not recover any damages. If one of the causes of your slip and fall accident or personal injury was your own negligence or inattentiveness, you may not be able to recover damages in North Carolina. There are exceptions to this doctrine, and a personal injury lawyer can help you understand if the doctrine of contributory negligence applies to you, and how you may be able to deal with the at-fault party responsible for your claim.