Injury compensation when the victim was partly at fault
The issue of liability is not always clear-cut. Even when the other driver's negligence was the primary cause of the car accident, the defense can argue that the victim was partly to blame. This is known as contributory negligence or comparative negligence.
The laws vary from state to state, but the issue of partial fault can become a major issue in your injury case. Your compensation could be reduced by the proportion of your fault or you could be completely barred from recovering compensation. This is one more reason why you should always consult an attorney before talking to an insurance adjuster.
The experienced and compassionate legal team at Greg Jones Law is committed to justice for your injuries and losses. We are knowledgeable about the different liability standards for personal injury accidents as they apply to our clients in North Carolina, South Carolina and Georgia. Contact us today to discuss your motor vehicle accident or any injury case.
Contributory negligence vs. comparative negligence
North Carolina law still applies a contributory negligence standard, the least favorable threshold for injury victims. Strictly speaking, contributory negligence means that you cannot collect one dollar in damages if you were negligent in any way — even 1 percent at fault. In reality, North Carolina juries are reluctant to assign blame to victims because this standard is so harsh and unfair. Our lawyers are skilled at fighting theories of your negligence and keeping the focus on the carelessness or recklessness of the other driver.
South Carolina and Georgia use a more reasonable comparative negligence standard. Essentially, comparative negligence means that you can still collect if you were partly at fault. However, your jury award would be reduced by the percentage of your fault. For example, if your claim is worth $40,000 but you were deemed 25 percent at fault, your compensation would be reduced by 25 percent to $30,000.
Both states use a modified comparative negligence. If your portion of fault is greater than 50 percent (South Carolina) or greater than 49 percent (Georgia), you are barred from compensation. So long as the other party shares half or more of the blame, you can sue for damages.
Don't assume you are at fault! Don't assume you have no claim!
The knowledgeable lawyers of Greg Jones Law can determine if you have a case and what your claim is worth. We are experienced at negotiating settlements and trying cases under the doctrines of contributory or comparative negligence to maximize the compensation for your injuries, lost earnings, disability, and pain and suffering.
We practice in North Carolina, South Carolina and Georgia. Call the Charlotte and Wilmington NC negligence attorneys of Greg Jones Law at 800-481-5707 or contact us online.
