What If I Was Partially At Fault in a Truck Accident?
Truck accident cases can be extremely complicated. There is often a lot of evidence to sift through, multiple witnesses may need to be interviewed, and proving liability can be difficult. In many cases, liability may be contested. If you’ve been involved in a truck accident, you might wonder, “What if I was partially at fault in a truck accident?”
In the state of North Carolina, if you’re even partially at fault for a truck accident, you cannot recover compensation in an injury claim or lawsuit. That’s because in North Carolina, the law of contributory negligence applies. However, there are certain exceptions and if you’ve been injured in a truck accident and found partially at fault, you should consult with a truck accident lawyer immediately to evaluate your options.
In this blog post, we’ll discuss what to do if you were found partially at fault in a truck accident, how the law of contributory negligence applies in North Carolina, and what you can do to seek justice and compensation for your injuries.
Remember, just because contributory negligence applies in North Carolina doesn’t mean that you don’t have a claim for compensation if you were found partially at fault in a truck accident. Every outcome depends on the unique facts and circumstances of the particular case.
What is Contributory Negligence and How Can It Affect Your Truck Accident Case?
If you’ve been found partially at fault for a truck accident, in the state of North Carolina, the law of contributory negligence applies in most cases.
Contributory negligence is a legal principle that means that if you are even partially at fault for an accident, you are barred from recovering compensation. North Carolina is one of just five states (including Washington, D.C.) in which contributory negligence applies.
Most other states use a legal principle called “comparative fault,” in which damages can be awarded proportionally based on the percentage of a party’s fault as determined by a court.
Contributory negligence in North Carolina means that for those who are found to be partially at fault in a truck accident, they cannot recover compensation.
But… there are exceptions to contributory negligence, and you may be able to recover compensation for injuries even if you’re found to be partially at fault in a truck accident.
Have Your Claim Investigated Immediately
Because truck accidents are often extremely complicated, it is critical that the accident be investigated immediately after it occurs. At Riddle & Brantley, we have an on-staff team of experienced accident investigators who can help collect and preserve important evidence, identify and interview witnesses, coordinate with law enforcement and more. We can also bring in outside experts like accident reconstructionists when necessary in order to prove liability and help strengthen your case.
Even if you are determined partially at fault, there may still be opportunities to seek justice and compensation for your injuries.
Exceptions to Contributory Negligence in Truck Accidents
Keep in mind, if you are found partially at fault for a truck accident, you may still be able to seek compensation for your injuries.
Just because claimants in North Carolina are subject to the law of contributory negligence, does not necessarily mean that you don’t have legal options for pursuing justice and compensation.
Certain exceptions to contributory negligence may apply and an experienced truck accident attorney can help evaluate your potential options.
Potential exceptions to contributory negligence include:
- “The Rule of 7s” — In general, children age 7 or under are not subject to the law of contributory negligence.
- Cognitive Impairment — In cases in which an injured party suffers from cognitive impairment, the law generally holds that contributory negligence does not apply
- Gross Negligence — When a party’s conduct constitutes what is called “gross negligence,” the law of contributory negligence does not apply. Gross negligence is defined to be “willful” or “wanton” conduct, such as drunken driving, speeding, or reckless driving.
- “Last Clear Chance” — If a plaintiff can prove that the defendant had the “last clear chance” to avoid an accident, contributory negligence may be waived. This concept can be very difficult to prove, however.
Successfully arguing for an exception to the law of contributory negligence in a truck accident case can be very difficult, however, but an experienced injury lawyer can help. (see disclaimer below).
We can evaluate your claim and help determine whether or not there may be an exception to the law of contributory negligence.
You may be entitled to compensation, and you deserve justice. You don’t have to go through this alone, and we would love to help however we can. In recent truck accident cases, our experienced personal injury attorneys have negotiated millions of dollars in compensation for truck accident victims (see disclaimer below).
Please call 1-800-525-7111 to discuss your truck accident injury case with an experienced truck accident lawyer serving clients across North Carolina, including:
- Raleigh
- Durham
- Greensboro
- Winston-Salem
- Fayetteville
- Goldsboro
- Jacksonville
There are no upfront costs and you won’t pay any attorney fees unless we win your case and you receive financial compensation.
At Riddle & Brantley, we believe Justice Counts for those injured in truck accidents and we fight tirelessly to get our clients the justice and compensation they need and deserve.
You may be entitled to compensation and we would love to help however we can.
Please call 1-800-525-7111 today and let’s review your case.
*** Disclaimer: An attorney must meet certain requirements to join these organizations or receive these awards. For more information on Membership Criteria for Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, Super Lawyers, The National Trial Lawyers Top 100, The National Association of Distinguished Counsel, AV Preeminent by Martindale-Hubbell, and the Litigator Award, please visit our Membership Criteria page. These awards and memberships should not be construed as a promise or guarantee of a similar result. Each case is different and must be evaluated separately.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.