Contributory Negligence – What is it and why should I care?

After you have been in a car accident, there are so many things that you have to think about, deal with and worry about. Insurance companies, repair companies, doctors etc… As a North Carolina car / truck or motorcycle driver, one thing you didn’t even know that you had to worry about is contributory negligence.

Contributory negligence? What’s that?

A very basic definition of contributory negligence is “..the lack of care by a plaintiff for his own safety” (Collins Dictionary of Law © W.J. Stewart, 2006).

It was the dominant common law defense in the 19^th and 20^th centuries but has fallen by the wayside in most states. Only four states and the District of Columbia still use contributory negligence when deciding liability in an automobile accident or crash.

Unfortunately, North Carolina is one of those states.

What does that mean for you? Let’s say someone ran a red light causing you to slam into the side of their vehicle. It was the other drivers’ fault, right? They ran the red light. Well, if the other driver’s insurance company and their team of expert car crash lawyers can prove that you were driving five miles over the speed limit or were in any other way at fault, then you contributed to the accident therefore you are not entitled to any compensation.

When you get into a car accident in North Carolina or one of the other contributory negligence states it is imperative that you speak with a knowledgeable car accident attorney as soon as possible after the incident. They can assess your case, walk you through potential defenses and help you with important decisions you will have to make. Of course this applies equally to motorcycle accidents and accidents involving big trucks.

The insurance companies have powerful attorneys working for them. You should too.