What is Contributory Negligence?

Imagine you are in a major car accident where the other person was ninety nine percent at fault, but you were one percent at fault. You may think that you would recover ninety nine percent of your damages, or at least some percentage of your damages! Unfortunately, in North Carolina, you would actually be precluded from recovering 100% of your damages. This means that even if you were one percent at fault, you would recover nothing at trial. Being partially at-fault for an accident caused by someone else is called “contributory negligence.” Understanding how contributory negligence works is vital for anyone pursuing a personal injury case in North Carolina.

What is Contributory Negligence?

Contributory negligence is a legal defense that can prevent a plaintiff (the person bringing the lawsuit) from recovering damages if they are found to have contributed to the accident in any way. In North Carolina, the doctrine of contributory negligence is strict—if an injured person is found to be even 1% at fault for the accident, they are completely barred from recovering any damages. This includes compensation for medical bills, lost wages, pain and suffering, and other damages typically awarded in personal injury claims.

How Does Contributory Negligence Affect Personal Injury Claims in North Carolina?

In a personal injury case, a defendant may attempt to use contributory negligence as a defense, arguing that the plaintiff’s own actions contributed to the cause of the injury. In North Carolina, even a small amount of fault attributed to the plaintiff can bar recovery. This makes it crucial for plaintiffs to understand the following:

1. The Role of Comparative Fault: In a typical comparative fault system, both parties’ fault would be considered, and the victim might still recover partial damages. However, in North Carolina, the court will not consider comparative fault—if the plaintiff is found to be even 1% responsible for the accident, they cannot recover any damages.

2. Defendants’ Strategy: In many personal injury cases, defendants and their insurance companies will try to minimize their liability by arguing that the plaintiff’s actions were partly to blame for the accident. This could involve claims that the plaintiff was speeding, distracted, or otherwise contributing to the circumstances surrounding the incident.

3. Barred Recovery: If the defendant successfully proves that the plaintiff was even 1% at fault, the plaintiff is barred from recovering any damages, regardless of how serious the injury is. This can be particularly detrimental to injured parties who may have only contributed in a minor way to the accident but still suffer from severe injuries and damages.

Exceptions to Contributory Negligence in North Carolina

There are a few limited exceptions to the strict rule of contributory negligence in North Carolina, where a plaintiff may still recover damages despite their own fault. Some of these include:

1. Last Clear Chance Doctrine: This legal doctrine allows a plaintiff to recover damages even if they were partly at fault, as long as the defendant had the last clear opportunity to avoid the accident but failed to do so. This means that even if the plaintiff was negligent, if the defendant had the opportunity to prevent the injury and failed to act, the plaintiff may still recover damages.

2. Gross Negligence or Recklessness: If the defendant’s actions were grossly negligent or reckless, it may be possible for a plaintiff to recover damages even if they were partially at fault for the accident. Gross negligence involves actions that show a complete disregard for the safety and well-being of others.

3. Parties Lacking Mental Capacity: Certain plaintiffs, such as young children, are considered to lack the mental capacity to avoid danger. Without this mental capacity, there cannot be a claim of contributory negligence.

Conclusion

Contributory negligence is a critical concept in North Carolina personal injury law, and it can have a significant impact on whether you are able to recover damages for your injuries. In a state that adheres to this strict doctrine, even a small degree of fault on your part can prevent you from receiving compensation, even if the other party is more at fault. 

Remember, each personal injury case is unique, and the specifics of your situation may impact the process and outcome.  If you’ve been injured in a car accident and are dealing with the complexities of the case, don’t hesitate to contact us. Give us a call or text at (919) 590-3647, our experienced attorneys at Triangle Legal are here to guide you through the process and fight for the compensation you deserve!

This article was prepared by Triangle Legal for educational purposes only and is not intended to be a comprehensive statement of the law or legal advice. North Carolina laws change frequently and could affect the information in this article.