What is Contributory Negligence?
Contributory negligence is a legal principle that plays a significant role in personal injury and wrongful death cases in North Carolina. Under this law, if the deceased person contributed to their own death in any way, even by a small degree, it can bar the family from receiving any compensation from the responsible party. This means that if the deceased person was found to be even slightly at fault for the accident that led to their death, the family may not be able to recover damages. For example, imagine a car accident where the victim was not wearing their seatbelt. If the other driver was speeding and caused the accident, but the victim’s failure to wear a seatbelt contributed to the severity of the injuries, the victim’s family may be prevented from receiving compensation due to contributory negligence. Even if the other party was primarily at fault, the court may find that the victim’s own actions played a role in their death, which can severely impact the ability to file a successful claim.
Marcel McCrea
Attorney
James A. Noel
Attorney
Tylisa Crawford
Paralegal
How Does Contributory Negligence Impact Wrongful Death Cases?
Understanding how contributory negligence impacts wrongful death cases in North Carolina is crucial for anyone who has recently lost a loved one due to someone else’s carelessness. Unlike many other states that follow a comparative negligence rule, North Carolina is one of the few states that still upholds the contributory negligence doctrine. This means that if the deceased person is found to be even 1% at fault for the accident, their family may be barred from recovery. This can be extremely frustrating for families who are seeking justice after a tragic loss. In some situations, the fault may not be clear-cut, and there may be questions about whether the deceased person was in any way responsible for their own death. In these cases, it is essential to have a knowledgeable attorney by your side who can carefully examine all the details of the case and determine the best way forward. In wrongful death cases involving contributory negligence, the defendant will often argue that the victim contributed to the incident. This is why it is vital to have a skilled lawyer who understands how to present a case and protect the family’s rights. Our team at ClearView Legal is experienced in handling wrongful death claims and is ready to fight for the compensation you deserve, no matter how complicated the case may seem.
I have worked and referred cases to Attorney Marcel McCrea in Charlotte, North Carolina, for a number of years. His zealous advocacy, keen attention to details, and client care are particularly noteworthy. He has been especially helpful in some complicated personal injury matters that I have referred to his firm. I highly recommend Marcel McCrea and ClearView Legal for anyone looking for excellent attorneys.”
- Frantz Jacques
ClearView Legal do great work. When I had my car accident they were very diligent in showing me the process. They took care of all the necessary paperwork and negotiation in my personal injury claim. They were both passionate and determined to get me my settlement. I am eternally grateful. Definitely 5 star lawyers in my book."
- Osmund Marcellin
I was recently injured in a car accident. I hired Attorney Marcel McCrea of ClearView Legal in Charlotte, NC to help me with my personal injury matter and to recover for my medical bills, lost wages, and pain and suffering.
Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!"
- S. Jackson
How Do Courts Determine Contributory Negligence?
When determining whether contributory negligence applies in a wrongful death case, courts will look at several factors. These include the actions of the deceased person before the accident, the actions of the defendant, and any other contributing factors that may have played a role in the death. For example, if the victim was intoxicated at the time of the accident or engaged in reckless behavior, this could be seen as contributory negligence. However, contributory negligence does not automatically apply in every case. Courts will examine the evidence and determine if the deceased person’s actions were a direct cause of the accident or whether the defendant’s actions were primarily responsible for the fatal incident. If it is found that the defendant’s actions were the main cause of the death, the court may still award damages, despite the victim’s potential contributory negligence. It is important to understand that proving contributory negligence is not always straightforward. The burden of proof lies with the defendant, and they must show that the deceased person’s actions were directly linked to the cause of death. This is why having an attorney who can effectively challenge this claim is essential to achieving a successful outcome.Related Videos
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