North Carolina is one of only four states that follows a system of “contributory negligence” – five if you count the District of Columbia.
One of the most interesting things about the United States is that each individual state has considerable freedom when it comes to legal matters. Some would argue that this is one of the things that makes the United States such an incredible country. After all, when local state residents have the power to decide how they’d like to live, it can lead to many benefits. However, this also means that some states have dramatically different laws for the same situations. A clear example is North Carolina, which has a different way of dealing with auto accidents compared to most states.
If you’ve been involved in a semi-truck accident and you’re struggling with injuries, it’s important that you understand how this system works before filing a lawsuit. You can do this by getting in touch with a qualified, experienced truck accident attorney in North Carolina and booking a consultation. During your consultation, you can learn more about how these lawsuits work, and what you need to do in order to strive for the best possible outcome. It’s best to book your consultation as soon as possible.
North Carolina Still Follows a System of Contributory Negligence
North Carolina is one of only four states that follows a system of “contributory negligence” – five if you count the District of Columbia1. So why is this such a big deal? Well, all other states follow some variation of a completely different system called “comparative negligence.” Under this system, victims can still sue if they were partly to blame for their own injuries. Some of these states follow a “modified” system, and some follow a “pure” system. Modified comparative negligence states typically limit a person’s ability to sue if they are more than 50% to blame for their own injuries, while “pure” comparative negligence states allow victims to sue even if they are 99% to blame for their own injuries.
North Carolina rejects this system entirely, and victims cannot sue even if they are just 1% responsible for their own injuries. This system is seen as somewhat controversial, and states like North Carolina and Alabama are often criticized for continuing to keep it in place2. However, the law is the law, and this system isn’t changing anytime soon.
What Does This Mean for Truck Accident Victims?
This all means that it is much harder to sue if you’re injured in a North Carolina truck accident. Basically, the defendant simply needs to show that you were slightly at fault, and your lawsuit will fail. For example, you might have been driving with a broken tail-light, or perhaps you were driving two miles over the speed limit.
Where Can I Find a Truck Accident Lawyer?
If you’ve been injured in a truck accident, you might be thinking to yourself: “Where can I find truck accident attorneys near me?” The answer is simple: You don’t have to look far. There are plenty of truck accident attorneys in Raleigh alone, and these legal professionals can guide you towards a fair, adequate settlement in a confident manner. Book your consultation as soon as possible, and you can approach this situation efficiently.
Sources:
- https://www.investopedia.com/terms/c/contributory-negligence.asp
- https://www.bikelaw.com/2021/05/end-contributory-negligence/
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