If you contributed even slightly to causing your own accident or injuries, you may have no right to collect for your medical bills and other losses. Former claims adjuster Carl Nagle encourages you to speak with an experienced injury and accident lawyer before you contact insurance companies. Remember, insurance companies are for-profit businesses, and they are always looking for defenses that allow them to minimize or avoid paying accident claims.
Contributory negligence is the behavior of the victim that contributed to their own injury. Historically, under the pure contributory negligence system, if contributory negligence was established, it was a complete bar to any and all recovery on the part of the victim, even if negligence was slight in comparison to that of the defendant. Currently, only five states — including the District of Columbia, Alabama, Maryland, North Carolina, and Virginia — follow the pure contributory negligence rule.
The Impact of Contributory Negligence
The idea behind the concept of contributory negligence is that an accident victim who causes their own injury should not be able to collect for the resulting damages. Most states say that a victim who is only partially at fault can still collect from the other parties who caused the injury. The claim is simply reduced by the amount/percentage of fault that the victim had. In North Carolina, slight fault (even just 1% responsibility) ends the case.
Former insurance company lawyer Carl Nagle knows the importance of establishing fault after a motor vehicle collision. Please understand that insurance adjusters represent their employers, and they are working to place blame with the victim so they can avoid payment obligations. Friendly adjusters are the most dangerous, as they are trained to bring you into conversations and motivate you to admit slight fault. Once this occurs, they close the claim file and refuse payment for vehicle damage and all medical claims. Further, if you make admissions to adjusters that can be later used in trial, you may lose your right to a fair trial on the issue of crash causation.
Do You Have Questions Regarding Contributory Negligence? Contact Our Skilled Raleigh Personal Injury Attorneys Today
Were you injured in an automobile accident that you may have been at least partially responsible for? Discuss your case with an experienced Raleigh personal injury lawyer at Nagle & Associates, P.A. Contact our firm online or call (800) 411-1583 and secure your free initial case evaluation today.