Understanding Contributory Negligence
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In the case of personal injury in North Carolina — such as a car accident or commercial truck accident — it is important to realize that North Carolina is a Contributory Negligence state. This means if the insurance company can prove you in any way contributed to the accident by not exercising reasonable care under the circumstances, you may be completely barred from obtaining compensation for your injuries. The Contributory Negligence Doctrine can be contrasted with the Comparative Fault Doctrine of many other states. Under Comparative Fault, damage payments are allocated in proportion to each party's responsibility for causing the accident. Typically, there is a threshold and the other vehicle must be majority at fault. Let's say, for example, that you were hit by a drunk driver that runs a red light. As a result, you suffer a traumatic head injury. However, you were driving 10 mph over the speed limit at the time. In North Carolina, a Contributory Negligence State, you may not be able to recover any compensation for your injuries. Under Comparative Fault, you may receive compensation for your injuries, minus an amount for your fault in the accident. This is one reason why insurance companies work hard to get people to admit that they had a role — minor though it might be — in causing their own injuries. Remember, insurance adjusters are trained professionals who are employed to negotiate favorably for the insurance company. When they interview you, they are seeking information that may allow their company to reduce or deny your right to recover. For that reason, it is important not to sign anything or give any kind of statement to the insurance company without first speaking with a personal injury attorney who may be able to advise you. The Law Offices of James Scott Farrin has helped more than 20,000 injured North Carolinians. It offers a Personal Injury Department in which more than half of the attorneys have at least 10 years of experience and several have 15 years or more. The team also has several members who formerly worked as defense attorneys for insurance companies, so they have seen the law from both sides. Our firm is also proud to employ many bilingual staff members and attorneys. Our Spanish-speaking clients usually speak directly to Spanish-speaking staff members or attorneys, rather than relying on translators. North Carolina is one of only four states that still follow a Contributory Negligence doctrine. Forty-six other states have adopted the concept of Comparative Fault. In 2009, a Comparative Fault bill called the "Uniform Apportionment of Tort Responsibility Act (UATRA)" passed the North Carolina House of Representatives. There is hope that the North Carolina Senate will follow suit in 2010. |
