North Carolina is an at-fault state, meaning the person who caused the car accident is responsible for the damages. If you were recently involved in a collision, you can file a personal injury claim against the at-fault driver and their insurer. However, the state follows a strict legal doctrine that can undermine your claim.
What the pure contributory negligence rule means
North Carolina is one of the few states that uses the pure contributory negligence rule for auto accidents. Under this doctrine, being 1% at fault for the crash can forfeit your right to file for receiving compensation. If an insurer finds that your own actions contributed to the collision, you may lose your right to recover medical expenses or lost wages.
For example, you are driving beyond the speed limit when a drunk driver runs a stop sign and collides with you. While they may bear the majority of the fault, the fact that you are speeding removes your eligibility for compensatory damages.
How to act after a car accident
Your actions following an incident matter. To safeguard your health and livelihood, consider this checklist:
- Notify law enforcement officers to report an accident.
- Seek immediate medical care to prevent a gap in treatment and establish causation between the collision and your injury.
- Take photos of the scene and exchange information with the other driver, but never admit fault or apologize.
- Collect pay stubs, an employment letter and other documents for proving lost wages.
In North Carolina, you must act quickly to preserve evidence. Moreover, you must meet the state’s deadline for personal injury lawsuits. Generally, you have three years from the date of the injury. Failing to meet this can bar you from compensation.
Navigating the landscape with support
A sudden car accident can change your life in an instant. The frustration of pausing your career and the pain from your injuries can be emotionally and mentally taxing. Additionally, you also worry about your eligibility to recover damages.
The legal landscape for injuries in North Carolina can be strict, but you do not have to face it by yourself. Seeking legal counsel can help you move forward.
