--- title: North Carolina Contributory Negligence Laws description: According to the the North Carolina contributory negligence law, if a person’s own negligence contributed in any way to an accident, then they can’t sue for compensation. image: https://blog.theironslawfirm.com/hubfs/Imported_Blog_Media/shutterstock_718284985-1.jpg --- - Search Search Close this search box. - Download Forms - [Make a Payment](https://secure.lawpay.com/pages/ironsandirons/trust) - [(252) 215-3000](tel:252-215-3000) [![Irons and Irons](https://blog.theironslawfirm.com/hs-fs/hubfs/irons-law-logo.png?width=178&height=46&name=irons-law-logo.png)](https://theironslawfirm.com/) - [Personal Injury](https://theironslawfirm.com/injury-law) - [Auto Accident](https://theironslawfirm.com/injury-law/personal-injury/car-accident) - [Motorcycle Accident](https://theironslawfirm.com/injury-law/personal-injury/motorcycle-accident) - [Nursing Home Abuse](https://theironslawfirm.com/injury-law/personal-injury/nursing-home-abuse) - [Rideshare Accidents](https://theironslawfirm.com/injury-law/personal-injury/rideshare-accidents) - [Slip and Fall](https://theironslawfirm.com/injury-law/personal-injury/slip-and-fall) - [Traumatic Brain Injury](https://theironslawfirm.com/injury-law/personal-injury/brain-injury) - [Truck Accident](https://theironslawfirm.com/injury-law/personal-injury/trucking-accident) - [Wrongful Death](https://theironslawfirm.com/injury-law/personal-injury/wrongful-death) - [Divorce](https://theironslawfirm.com/divorce) - [Separation Agreements](https://theironslawfirm.com/divorce/separation-agreements) - [Divorce Options](https://theironslawfirm.com/divorce/options) - [Absolute Divorce](https://theironslawfirm.com/divorce/absolute) - [Collaborative Divorce](https://theironslawfirm.com/divorce/collaborative) - [High Net Worth Divorce](https://theironslawfirm.com/divorce/high-net-worth) - [Military Divorce](https://theironslawfirm.com/divorce/military-divorce) - [Division of Pensions, 401(k) & Retirement Accounts](https://theironslawfirm.com/divorce/division-of-pension-and-retirement-accounts) - [Post Separation Support and Alimony](https://theironslawfirm.com/divorce/support-and-alimony) - [Property Distribution](https://theironslawfirm.com/divorce/property-distribution) - [5 Critical Questions For Your Initial Consultation](https://theironslawfirm.com/5-consultation-questions) - [Family Law](https://theironslawfirm.com/family-law) - [Child Custody](https://theironslawfirm.com/family-law/child-custody) - [Child Custody Modification](https://theironslawfirm.com/family-law/child-custody-modification) - [Child Support / Modification](https://theironslawfirm.com/family-law/child-support-modification) - [Collaborative Family Law](https://theironslawfirm.com/family-law/collaborative-family-law) - [5 Critical Questions For Your Initial Consultation](https://theironslawfirm.com/5-consultation-questions) - [Education Law](https://theironslawfirm.com/education-law) - [East Carolina University/Pitt Community College Disputes](https://theironslawfirm.com/education-law/ecu-college-disputes) - [Public And Private School Disputes](https://theironslawfirm.com/education-law/school-disputes) - [Malpractice](https://theironslawfirm.com/injury-law/medical-malpractice) - [Medical Malpractice](https://theironslawfirm.com/injury-law/medical-malpractice) - [Dental Malpractice](https://theironslawfirm.com/injury-law/personal-injury/dental-malpractice) - [Pharmaceutical Malpractice](https://theironslawfirm.com/injury-law/pharmaceutical-malpractice) - Attorneys - [Gib Irons](https://theironslawfirm.com/about/gib-irons) - [Ben G. 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Blog](https://blog.theironslawfirm.com) [Subscribe](https://blog.theironslawfirm.com/north-carolina-contributory-negligence-laws#popup-form) ### Subscribe via Email # North Carolina Contributory Negligence Laws February 25, 2019 Written by: Harry Albritton - Share - Share - Share - [Copy](https://blog.theironslawfirm.com/north-carolina-contributory-negligence-laws) ![](https://blog.theironslawfirm.com/hubfs/Imported_Blog_Media/shutterstock_718284985-1.jpg) Copied the Url ![north-carolina-contributory-negligence-laws](https://blog.theironslawfirm.com/hs-fs/hubfs/Imported_Blog_Media/shutterstock_718284985-1.jpg?width=375&height=250&name=shutterstock_718284985-1.jpg)Imagine your daughter was paralyzed when a careless driver smashed into her car at an intersection. Her life has been forever changed, and she wants to hold the negligent driver responsible by bringing a lawsuit. Now imagine your daughter forgot to use her turn signal right before the crash. The defendant raises this as a defense and claims your daughter’s negligence contributed to the [car accident](https://dev-harry-albritton.pantheonsite.io/cases-we-take/car-accidents/), so he shouldn’t have to pay her any compensation even though she is paralyzed. Now imagine a North Carolina court accepts the defendant’s argument. The court *dismisses* the lawsuit because the victim made a small error that contributed to her accident. This might be hard to believe, but what we described just above is the **North Carolina contributory negligence law**. If a person’s own negligence contributed in any way to an accident, then they can’t sue for compensation. ## What is Contributory Negligence in NC? North Carolina negligence law allows a person to sue when they are injured because another person did not use sufficient care. The person who sues is the plaintiff, and her job is to show that the defendant she sues was insufficiently careful, which led to injury. We tend to think of accidents in black-and-white terms—someone made a mistake and injured someone else who was blameless. But many accidents are more complicated than that. Often, both parties made mistakes or were careless, and each contributed to the accident in some way. If the plaintiff was negligent, then she was contributorily negligent, and a defendant can raise that as a defense. *If the plaintiff was even 1% responsible for the accident, she can’t sue*. ## The Approach Taken by Other States Once upon a time, every state permitted contributory negligence as a defense to defeat a lawsuit. Over the past 40 years, however, most states began to change their laws. Now, states take different approaches: - Some states allow a plaintiff to sue if she was up to 49% responsible for an accident (but not 50% or more). - Other states allow a plaintiff to sue if she was up to 50% responsible for an accident (but not 51% or more). - Still more states allow a plaintiff to sue regardless of fault, which means she can sue even if she is up to 99% responsible. There are pluses and minuses to each approach. But one important consideration is fairness. Is it really fair to prevent an injured victim from suing if she was only 1% at fault? ## North Carolina: Sticking with Contributory Negligence North Carolina is 1 of only 4 states that continues to allow contributory negligence as a defense. The results can be shocking. A recent [Fox 8 news story](https://myfox8.com/2018/08/08/greensboro-mom-starts-petition-to-change-law-after-driver-hits-kills-daughter/) described the frustrations a Greensboro mom experienced after her daughter was struck and killed by a driver. Because the daughter was wearing dark clothing at night and walking with her back to traffic, lawyers told the mother a lawsuit would be fruitless, as the daughter bore some of the blame for the accident. In a different state, the mother could probably bring a lawsuit for wrongful death and receive compensation. In North Carolina, her daughter’s negligence will defeat any attempt to hold the driver responsible in a civil suit. ## Negligence Attorneys You Can Trust If you were injured in an accident, it is vital that you establish you are not to blame in any way for what happened. Attorney Albritton with Irons & Irons P.A. has years of experience bringing personal injury lawsuits based on negligence. Our experience is deep, and we can help you obtain a favorable settlement or jury verdict. Call [252-752-2485](tel:2527522485) to **schedule a free consultation** or [complete our contact form](https://dev-harry-albritton.pantheonsite.io/contact-us/). ### [Harry Albritton](https://blog.theironslawfirm.com/author/harry-albritton) Harry H. Albritton, Jr. is a passionate attorney representing victims of negligence and malpractice, with deep roots in eastern North Carolina. A graduate of East Carolina University, he returned to practice law in Pitt County after obtaining his law degree from Ohio Northern University. Throughout his career, he has successfully handled a diverse range of cases, from minor car accidents to multi-million dollar catastrophic injuries, and has been recognized for his legal abilities by Super Lawyers and The National Trial Lawyers. When not practicing law, he prioritizes spending time with his wife and three sons, engaging in outdoor activities such as hiking, biking, and kayaking. ### Related Posts [Personal Injury](https://blog.theironslawfirm.com/tag/personal-injury) 3 min read #### [What Is The Statute of Limitations on Wrongful Death in North Carolina?](https://blog.theironslawfirm.com/north-carolina-wrongful-death-statute) [Read more](https://blog.theironslawfirm.com/north-carolina-wrongful-death-statute) [Personal Injury](https://blog.theironslawfirm.com/tag/personal-injury) 3 min read #### [Soft Tissue Injuries: What's The Maximum Settlement?](https://blog.theironslawfirm.com/soft-tissue-injury-maximum-settlement) [Read more](https://blog.theironslawfirm.com/soft-tissue-injury-maximum-settlement) [Car Accidents](https://blog.theironslawfirm.com/tag/car-accidents) 2 min read #### [NC Uninsured Motorist Law](https://blog.theironslawfirm.com/nc-uninsured-motorist-law) [Read more](https://blog.theironslawfirm.com/nc-uninsured-motorist-law) [![IRONS & IRONS P.A.](https://blog.theironslawfirm.com/hs-fs/hubfs/Irons%20and%20Irons/Pillar-Graphic.png?width=134&height=67&name=Pillar-Graphic.png)](https://theironslawfirm.com/) Irons & Irons P.A. 620 Lynndale Ct Suite A Greenville, NC 27858 Monday-Friday 9am-5pm Phone: [252-215-3000](tel:252-215-3000) PRACTICE AREAS - [Personal Injury](https://theironslawfirm.com/injury-law) - [Medical Malpractice](https://theironslawfirm.com/injury-law/medical-malpractice) - [Divorce](https://theironslawfirm.com/divorce) - [Family Law](https://theironslawfirm.com/family-law) - [Education Law](https://theironslawfirm.com/education-law) ATTORNEYS - [Gib Irons](https://theironslawfirm.com/about/gib-irons) - [Ben G. 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