North Carolina's Contributory Negligence Law and How It Affects Your Claim
If you’ve been injured in an accident in North Carolina, you may assume that you’re entitled to compensation if someone else was responsible for your injuries. However, North Carolina follows one of the strictest negligence rules in the country—contributory negligence—which can completely bar you from recovering damages if you’re found even 1% at fault for the accident.
Understanding this law is essential if you’re pursuing a personal injury claim, and working with an experienced North Carolina personal injury lawyer can significantly improve your chances of securing compensation.
How Does Contributory Negligence Work in North Carolina?
North Carolina is one of only a few states that still use the pure contributory negligence rule. Under this law, if a person is found to have contributed to their accident in any way—no matter how minor—they are completely barred from recovering any compensation from the other party.
For example:
If you’re in a car accident where the other driver ran a red light but you were slightly speeding, the insurance company could argue that your speed contributed to the accident—even just a little—and deny your claim entirely.
If you slip and fall in a store but the defense proves that you were looking at your phone instead of watching where you were walking, your case could be dismissed.
In most other states, a system called comparative negligence allows injured individuals to recover partial compensation even if they were partly at fault. Unfortunately, North Carolina does not follow this system.
Exceptions to Contributory Negligence in North Carolina
Although the contributory negligence rule is strict, there are some key exceptions that might allow you to still recover damages:
The Last Clear Chance Doctrine
If the defendant had the last clear opportunity to avoid the accident but failed to do so, you may still be able to recover damages.
Example: If a driver saw a pedestrian in the road and had time to stop but didn’t, the pedestrian might still have a valid claim—even if they contributed to the situation.
Intentional or Gross Negligence by the Defendant
If the other party acted with reckless disregard or intentionally caused harm, contributory negligence may not apply.
Example: A drunk driver hitting a pedestrian may not be able to use contributory negligence as a defense.
Certain Cases Involving Children
Minors under the age of 7 are generally not considered capable of being negligent under North Carolina law.
Older children may also receive exceptions depending on the circumstances of the case.
The Importance of Proper Legal Representation
Because contributory negligence is often used by insurance companies to deny claims, having an experienced personal injury lawyer in North Carolina is crucial. Here’s why:
Insurance companies will try to shift blame
They will look for any excuse to claim you were partially responsible to avoid paying compensation.
Legal strategies can challenge contributory negligence claims
A skilled attorney can gather evidence, secure witness statements, and prove the other party’s fault to counteract contributory negligence defenses.
Understanding the exceptions
Attorneys are well-versed in the Last Clear Chance Doctrine and other exceptions that might apply to your case.
Don’t Let Contributory Negligence Prevent You from Receiving Compensation
If you’ve been injured in Cary, NC, or surrounding areas, don’t face North Carolina’s contributory negligence laws alone. Insurance companies will look for ways to deny your claim, but with the right legal representation, you can fight for the compensation you deserve.
Don’t let contributory negligence stop your claim. Speak with our knowledgeable attorneys today.
Legal Disclaimer:
This blog post is for informational purposes only and does not constitute legal advice. Consult an attorney for legal guidance regarding your specific case.
