To recover damages after a car accident in Charlotte, North Carolina, you must establish that the other driver was liable for the accident. This can be done by showing that the other driver was negligent somehow.
For example, if the other driver was speeding or failed to yield the right of way, this would likely be considered negligence. However, if you contributed to the accident or your resulting injuries in any way, you cannot recover damages. This is due to contributory negligence.
Contributory negligence is a common law doctrine that prohibits an injured party from recovering damages if their actions contributed to the cause of their injury. The doctrine applies in cases where the plaintiff's negligence was a contributing factor to the accident, and as a result, the plaintiff cannot recover damages from the defendant.
The doctrine of contributory negligence is often criticized for being unfair to plaintiffs, as it can prevent them from recovering damages even if their actions were not the leading cause of the accident. However, the doctrine is still applied in many jurisdictions and can be a potent defense for defendants in personal injury cases.
Contributory negligence is also called the one-percent rule. This is because if the plaintiff is found to be even one percent at fault, they will be 100 percent barred from financial recovery.
The one-percent rule is often applied in car accidents, slip and fall injuries, and other accidents where the fault is difficult to determine. While the practice may seem unfair, it is designed to protect defendants from having to pay for injuries they did not cause. If you have been injured in an accident, it is crucial to speak with an experienced personal injury attorney to help you navigate the contributory negligence rule and maximize your chances of recovery.
Examples of Contributory Negligence
The plaintiff must have been partially at fault for the accident for contributory negligence to apply. For example, if a driver fails to yield the right of way and causes an accident, they may be contributorily negligent. If the plaintiff was also speeding at the time of the accident, contributory negligence may bar them from recovering damages. In some cases, even seemingly innocent actions like jaywalking can be used as evidence of contributory negligence.
Charlotte, North Carolina Motor Vehicle Accident Attorneys
Benoit Law Firm, PLLC has successfully represented many car accident victims and recovered full compensation for their injuries. If you have been in a car accident, our knowledgeable and experienced legal team can help you recover the compensation you deserve.
If you’ve been involved in a car accident, call the team at Benoit Law Firm, PLLC today at (877) 909-4088 or fill out our form online for a free consultation.