How North Carolina’s Strict Negligence Law Can Affect Your Injury Claim

[00:00:00] If you’ve been injured in an accident in North Carolina, it’s crucial to understand a legal doctrine known as “contributory negligence.” Our state is one of the few that still adheres to this outdated and strict rule, which can significantly impact your ability to receive compensation.

What is Contributory Negligence?

[00:00:06] Contributory negligence means that if you are found to be even slightly at fault for the accident—even as little as one percent—the insurance company can legally deny your personal injury claim entirely.

[00:00:29] The video provides a stark example to illustrate this point: imagine you are legally crossing a street in a crosswalk and are hit by a drunk driver who runs a red light. If you were looking down at your phone at the moment of the accident, an insurance company could argue that your distraction makes you 1% at fault, giving them grounds to pay you nothing.

Critical First Steps After an Accident

[00:00:12] Because of this harsh rule, the actions you take immediately following a crash are vital for protecting your rights.

1. [00:00:15] Seek Medical Treatment: Your priority should always be your health. Seeking immediate medical care also creates an official record of any injuries you sustained.
2. [00:00:17] Contact an Attorney Immediately: It’s essential to speak with a lawyer before speaking with an insurance adjuster. Insurance companies will try to get a recorded statement from you quickly, hoping you’ll say something they can use to assign partial blame and deny your claim.

How an Attorney Can Protect You

[00:00:57] The most effective way to protect your claim from being denied due to contributory negligence is to have an experienced attorney handle all communications with the insurance company right from the start. [00:01:04] An attorney understands how to navigate this complex legal landscape and will advocate on your behalf to ensure you are treated fairly.