Contributory Negligence is when a plaintiff or claimant have, through their own negligence, contributed to the harm they suffered. When someone runs a red light and causes an accident, it
should not be hard to determine who was at-fault, right? Not necessarily. North
Carolina is a Contributory Negligence State. This means that if the insurance
company can prove that you contributed to the accident in any way by not
exercising reasonable car under the circumstance, your claim against the
at-fault party’s insurance may be denied. So, in the scenario above where
another car runs a red light, if it can be proven that you were speeding or
were looking at your cell phone while going through the intersection, the
at-fault insurance can claim that you contributed. Even in this example, where
it is clearly the other driver’s fault, the at-fault driver’s insurance company
will try to deny your claim. This is why it is so important to not give any
statement to the insurance company before speaking to an experienced attorney
who can advise you.
For more information, call Hemmings and Stevens today.
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