Understanding North Carolina’s Negligence Laws

Establishing negligence is a priority when you’re looking to recover damages in a North Carolina personal injury claim successfully. That evidence is key in proving you’re due compensation for the damages you suffered.

This legal concept has different interpretations depending on the circumstances that led to a personal injury. Understanding its basics and how it’s applied to your local laws will put you one step ahead. Talk to the lawyers at The Nye Law Group for help with the laws impacting your personal injury case, and read on for a better understanding of North Carolina’s negligence laws.

What Is Negligence?

Negligence is defined as the failure to use reasonable care that a person would have exercised in the same scenario. It’s a common mistake to only consider actions as negligent, as inaction or omissions can also lead to liability for injuries. 

A common example of negligence is distracted driving. It’s reasonable for all drivers to respect basic traffic laws and focus on the road, which is why they’re liable for a collision if they were using a smartphone or eating food when it took place. 

Comparative Negligence Laws in North Carolina

Every state follows different negligence rules that determine the amount of compensation you can receive if you manage to win. If you’re found partially at fault for your injuries, these laws can impact the compensation you may still be eligible to receive.

North Carolina follows a pure contributory negligence rule, which prohibits a victim from recovering any damages if they contributed at all to the accident. This means that if your percentage of fault is anything other than zero, your claim will immediately lose all value. 

The Future of Your Case

Contributory negligence means that everyone who has an interest in avoiding the payout you deserve will do anything to try and put the blame on you. Even a small mistake could result in losing your rights to compensation. 

Insurance companies are aware of this and unless you provide a sufficient amount of evidence, they’ll use negligence rules to deny your claim. That’s why it’s vital to talk to a lawyer about your case and seek a strong defense. 

When seeking to recover damages when both parties are liable for a personal injury, the last clear chance doctrine is an exception to contributory negligence rules. When applied, it considers which party had the last opportunity to avoid an accident. 

If you’re able to prove that a defendant willfully caused harm or failed to utilize their capabilities to prevent your injuries until the moment they happened, you can still receive a fair settlement. 

Get the Legal Help You Need in North Carolina

Negligence rules are difficult to deal with, especially when you don’t have extensive knowledge of the legal system. It’s easy to say the wrong thing, and when you’re injured, defending your case becomes even more difficult.

Personal injury attorneys from The Nye Law Group can use their experience and knowledge to defend your case. We want you to be compensated fairly, as you should never pay because of someone else’s mistakes. Call us at 912-200-5230, or fill out the online contact form to talk with our legal team. We also offer a free case evaluation.