One of the core legal principles in North Carolina personal injury cases is the concept of negligence. The idea of negligence is that someone who fails their legal duty to use reasonable care to avoid injuring others is responsible for the harm they cause. Many North Carolina personal injury cases involve one clearly negligent party, but liability isn’t always so clear-cut. So what happens when it appears someone is partly responsible for their own injuries in an accident?
These situations are where the concepts of contributory and comparative negligence come into play. They are two similar but distinct methods for considering each party’s fault and awarding compensation when someone is partially to blame for their own injuries. Understanding contributory negligence vs. comparative negligence is critical in North Carolina to recover fair compensation for your injuries. But what is the difference between contributory negligence and comparative negligence?
Understanding Contributory Negligence
To start, what is contributory negligence? The contributory negligence doctrine is a legal standard that North Carolina and a handful of other states use to determine who may obtain compensation in personal injury claims. Under this rule, a person who contributes to their own injuries in an accident in any way, no matter how slight, can’t recover compensation. This strict approach can make it difficult for injured parties to secure financial relief, even if the other party bears most of the blame.
For example, imagine that a speeding driver hits a pedestrian crossing the street. The driver was obviously negligent by going over the speed limit. But suppose the pedestrian was also distracted by their phone and stepped off the curb outside the crosswalk. In this case, the pedestrian’s minor fault – failing to use the crosswalk – could prevent them from recovering damages under the pure contributory negligence rule, even though the driver’s speeding was a significant factor in causing the accident.
North Carolina’s pure contributory negligence rule highlights the importance of carefully proving fault in personal injury claims. If you’ve been injured in an accident, it’s crucial to work with an attorney who can help demonstrate that the other party is entirely responsible for your losses or you might not secure any compensation.
Understanding Comparative Negligence
Comparative negligence is a legal doctrine that allows injured parties to recover damages even if they share some fault for the accident. Unlike contributory negligence, comparative fault considers the degree of each party’s responsibility when determining compensation. There are two main types of comparative negligence systems: pure and modified comparative negligence.
Pure Comparative Negligence
With the pure comparative negligence rule, an injured party can recover damages regardless of their level of fault. However, their compensation is reduced by their percentage of blame. For example, if a driver is awarded $100,000 in damages but is found to be 40 percent responsible for a collision, they would receive $60,000. Even someone who is 99 percent at fault can still obtain 1 percent of their damages in pure comparative negligence states.
Modified Comparative Negligence
On the other hand, modified comparative negligence limits recovery based on a threshold of fault, typically 50 or 51 percent depending on the state. If the injured party’s fault exceeds the threshold, they cannot collect any compensation. For instance, in a 50 percent modified comparative negligence state, a slip-and-fall victim found to be 50 percent or less at fault can still obtain damages reduced by their percentage of fault. However, if they are 51 percent or more to blame, they wouldn’t be allowed any financial recovery from the other party.
Consider this example of modified comparative negligence law: Suppose a cyclist runs a stop sign but is hit by a speeding driver. If the cyclist is found to be 40 percent at fault and the driver 60 percent, the cyclist could get 60 percent of their damages. However, if the cyclist were found to be 52 percent at fault, they would receive nothing.
How Negligence Doctrines Affect Personal Injury Claims
Whether a state uses a comparative vs. contributory negligence system has a huge effect on personal injury claims, particularly when it comes to someone’s ability to obtain compensation. In the handful of states that use contributory negligence, any level of fault by an injury victim can prevent them from recovering compensation for their medical bills, lost income, and other effects of an accident.
By contrast, victims in comparative negligence states have more leeway if they played a role in causing their injuries. While they might see their compensation reduced, they can usually secure some compensation for their injuries if they don’t bear most of the blame for an accident.
North Carolina’s Use of Contributory Negligence Explained
Unfortunately for accident victims in North Carolina, the Tar Heel State is one of the handful across the country that uses the pure contributory negligence model. Accident victims who file insurance claims or personal injury lawsuits against the at-fault party must not have contributed to their injuries in any way. This tough legal standard means people need airtight evidence demonstrating the other party’s complete responsibility for an accident. Insurance companies are also more likely to dispute claims in North Carolina because they know that the slightest shred of evidence in their favor can help them avoid paying a claim.
Contact Hardison & Cochran for Legal Guidance
If you sustained injuries in an accident in North Carolina because of someone else’s negligence, call Hardison & Cochran immediately for legal assistance. Our attorneys know the state’s negligence laws inside out and can gather and organize critical evidence showing you played no role in causing your injuries. We can also represent you and handle communication with the insurance company so you don’t accidentally say something they can use against you.
With over 40 years of experience and millions of dollars recovered for our clients, you can trust us to guard your rights and help you demand fair compensation. Here’s what one client said about their experience with us:
“Ben Cochran is the absolute most genuine, honest and sincere person you will ever meet. He treated me with respect and dignity throughout this entire process. His professionalism is unmatched! Hopefully I won’t ever need this firm again, but if I do, I know I’m in good hands!” – Polo D.
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