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What is Pure Contributory Negligence in North Carolina?
Pure contributory negligence is a legal principle that prevents an injured party from recovering any damages if they are found to be even slightly at fault for the accident or injury. Unlike comparative negligence systems used in most other states, pure contributory negligence does not allow for proportional allocation of fault. If the plaintiff is deemed to have contributed to the incident in any way, no matter how small, they cannot receive compensation from the defendant.
For example, if a pedestrian is struck by a car while jaywalking, the pedestrian’s act of jaywalking, even if the driver was speeding or distracted, could be considered contributory negligence. As a result, the pedestrian would be barred from recovering any damages from the driver under North Carolina’s pure contributory negligence rule. A knowledgeable personal injury lawyer can provide information on how this rigid rule could impact your claim and provide guidance on the legal options available to you.
How Does Pure Contributory Negligence Differ From Comparative Negligence Systems?
Most states in the U.S. have adopted some form of comparative negligence, which allows for the allocation of fault between all parties involved in an accident. Under pure comparative negligence, damages are awarded proportionally based on each party’s degree of fault. For instance, if a plaintiff is found to be 20% at fault and the defendant 80% at fault, the plaintiff could still recover 80% of the awarded damages. Modified comparative negligence, used in some states, allows plaintiffs to recover damages only if their fault is below a certain threshold, typically 50% or 51%.
North Carolina’s pure contributory negligence rule is much more strict, completely barring recovery if the plaintiff bears any fault whatsoever for the incident. Critics argue that contributory negligence is excessively harsh compared to other systems, as it may lead the court to completely exonerate an obviously negligent defendant simply because the plaintiff had minor fault. In response to these criticisms, state legislators have drafted multiple bills to change this rule in the past several years. However, the proposals have yet to successfully garner the votes needed for approval.
How Does Contributory Negligence Affect Personal Injury Cases?
Unfortunately for plaintiffs, the state’s pure contributory negligence rule can significantly impact personal injury settlements in North Carolina. Proving that an injured individual was utterly free of fault for an accident is typically highly challenging. Defense attorneys and insurers are well aware of this fact. They will often try to demonstrate that the plaintiff engaged in negligent actions, no matter how small, to avoid paying any damages.
For example, in a car accident case, the defense may argue that the plaintiff was momentarily distracted or failed to check their blind spot, even if the defendant ran a red light. If the jury finds the plaintiff even 1% at fault, the plaintiff would be barred from recovering any compensation for their injuries, medical expenses, lost wages, or other damages.
Do Exceptions to the Pure Contributory Negligence Rule Exist?
The state’s strict negligence standards may sometimes discourage victims from pursuing claims against defendants who caused them serious damages. While pure contributory negligence does add challenges to the settlement process and increases the need for a careful examination of the case’s merits, it doesn’t eliminate the possibility of a full recovery. It’s vital to promptly discuss your claim with a skilled personal injury attorney, even if you believe you may have shared some fault for the accident. Fast action is critical to ensure the availability of essential evidence and witnesses. It also prevents your case from exceeding the three-year statute of limitations imposed on most North Carolina personal injury claims. Your attorney can identify whether any of the following legal exceptions may apply, allowing recovery despite contributory negligence.
Last Clear Chance Doctrine
The last clear chance doctrine provides a way for plaintiffs to overcome the complete bar of contributory negligence. It applies when the following elements are satisfied:
- The plaintiff was in a position of helpless peril or imminent danger due to their own negligence.
- The defendant discovered or reasonably should have discovered the plaintiff’s perilous situation.
- The defendant had the time and ability to avoid the accident by exercising reasonable care.
- The defendant negligently failed to utilize the last clear chance to avoid the accident.
- The plaintiff was injured due to the defendant’s failure to avoid the accident.
Essentially, if the defendant had the final chance to prevent the accident but failed to do so through their own negligence, the plaintiff’s initial contributory negligence becomes irrelevant. It’s important to note that the last clear chance doctrine has a high evidentiary burden and is narrowly applied by North Carolina courts. Plaintiffs must clearly demonstrate that all elements were met, making it crucial for an experienced personal injury attorney to evaluate the case’s unique circumstances.
Gross Negligence
If the plaintiff can prove the defendant acted in a grossly negligent manner, the defendant cannot use the contributory negligence defense to avoid liability, even if the plaintiff was somewhat negligent themselves. Gross negligence refers to a total lack of care for human life and safety, going beyond ordinary negligence. In these cases, the defendant’s egregious conduct that showed willful or wanton disregard for the well-being of others supersedes the plaintiff’s contributory fault.
Lacking Mental Capacity
Certain individuals, such as children or vulnerable adults, may be able to recover damages even if they shared some fault for the accident that would normally cause the claim to be dismissed. If the individual did not possess the mental capacity to understand the dangers or consequences of their actions, they may still be eligible to bring a lawsuit against a defendant. However, the outcome of the claim will depend upon the details of the case.
How Can Our Law Firm Assist You?
Given the profound implications of the pure contributory negligence rule, it is crucial for individuals who have experienced a personal injury in North Carolina to consult with a skilled attorney as soon as possible after their accident. At Brent Adams & Associates, our lawyers have a deep understanding of the state’s laws, built through decades of combined experience representing clients. We can help you navigate the complexities of contributory negligence and will fight to ensure you recover the compensation you are entitled to. Contact our firm today at 910-249-6891 to schedule a free, no-obligation case evaluation.
