Raleigh Personal Injury Lawyer Explains Contributory Negligence Laws and Defenses:
If you are injured in an accident, what you never expect to happen is to be blamed for causing your own injuries. Sadly, that is exactly that what the at-fault party and their insurance company will likely do. In North Carolina, the term they use is “contributory negligence,” and our Raleigh personal injury lawyers explain why you’re likely to deal with this defense in your case.
What is Contributory Negligence?
Contributory negligence means the person who was injured either did something that helped cause the accident or failed to do something that could have helped prevent the accident. The law refers to that as “ordinary care," meaning what would an ordinary person reasonably do in those circumstances. If your actions are considered to be out-of-the-ordinary or unreasonable, a jury could decide that you shouldn’t recover for your injury.
What If I Am Only Partially At-Fault for My Accident?
Unfortunately, the law states that if an injured person is even 1% at-fault for their injury, a jury could decide that they shouldn’t recover anything for their injury. For example, if you are driving on the Interstate and are cut off by another driver who did not see you, you will likely be able to establish that the other driver was at-fault. However, if the other driver proves that you were traveling 80 mph when the speed limit was 70 mph, he may be able to argue that your speeding contributed to the accident. If proven, you may not be entitled to any damages for the accident.
If the Insurance Company Denied My Claim Based On Contributory Negligence, Can I Still File a Lawsuit?
Yes. Even if you’re worried that you might be at-fault in your case, that doesn’t mean you are unable to recover any damages for your injuries. Insurance companies often threatened or attempt to deny claims on the grounds that the injured person was at-fault. It is important to not believe what their insurance company may tell you about the value or worth of your claim. When you have been injured in an accident it is important to talk with an experienced personal injury lawyer who can present you with your legal options and the strengths and weaknesses of your case.
Learn more about personal injury claims in North Carolina.
Schedule a Free Consultation With Our Raleigh Personal Injury Lawyers Near You
If you were injured in a personal injury accident, contact our experienced personal injury lawyers in Raleigh, North Carolina for a free consultation. We can help you and your family recover compensation for medical bills, lost wages, and conscious pain and suffering. Even if the at-fault party’s insurance company blames you for the accident, our attorneys have experience in these cases to help ensure that you recover the maximum amount of compensation that you deserve for your damages.