Contributory Negligence

North Carolina has an All or Nothing Fault Rule called the doctrine of contributory negligence, which generally bars an injured person from recovering compensation if their own negligence contributed to the accident and resulting injuries. But here is what most articles or the insurance company don't tell you; the burden of proving your fault falls on the defendant, not the Plaintiff.  G.S. 1-139.   Under this strict rule, even a finding that you were just 1% percent at fault may prevent you from recovering damages from a party who was 99 percent at fault. However, exceptions may apply, and whether contributory negligence bars recovery depends on the specific facts of the case. Find out what evidence is needed to prove fault and how Jordan Legal Services, PLLC can help with your injury claim.