The Pure Contributory Negligence Law in North Carolina

There are two parts to every type of accident claim. The first part involves showing that another person or company is liable for your accident. The second part involves determining what your damages are. If you’re in a vehicle accident (car, truck, motorcycle, or any other type of vehicle), a pedestrian or a bicycle accident; you need to show that a driver was negligent. If you’re in a slip and fall accident or suffer an attack while on someone’s property, you need to show that the property owner was at fault. Likewise, you must prove fault if you have a construction accident, suffer medical malpractice, or suffer harm due to any other type of negligence.

Your damages include all your medical bills, lost income, pain and suffering, and all other financial and personal damages.

In many cases, it’s clear that one or more defendants were at fault. There are times, however, when the victim of the accident may be partially at fault. If you bear even some of the blame, your potential compensation may evaporate overnight. Some exceptions do apply.

We explore how your degree/percentage of fault can affect your right to receive damages below:

What is contributory negligence?

Most states follow the doctrine of comparative negligence, which means they will adjust a verdict by the victim’s percentage of fault.  For example, if your claim is worth $100,000 and you were 15 percent at fault, your damages would be reduced by 15 percent – down to $85,000.

Many states rule that if your degree of fault was more than that of the defendant, then your claim is barred. For example, if your claim is worth $100,000 and you are 60 percent responsible, then you receive nothing.

Some states rule that you can receive compensation, even if you were more liable, but your compensation is reduced by your degree of fault. Using the same example, if your case is worth $100,000 and you were 60 percent responsible, then your claim is reduced by 60 percent. This means you receive $40,000.

What is pure contributory negligence?

Pure contributory negligence means that if you were at fault to any degree (even one percent), you get nothing.

North Carolina uses this older, harsher standard.

Rolling through a stop sign, failing to signal, or glancing at a phone can violate that fatal one percent rule. Walking where you can easily see there’s water on the ground or crossing an intersection when your light is red can completely defeat your claim. The doctrine survives today in only five U.S. jurisdictions—North Carolina, Maryland, Virginia, Alabama, and D.C. This fact makes North Carolina an outlier whose rule often shocks newcomers.

How insurance companies weaponize contributory negligence

Insurance adjusters will aggressively work to show that you were just a little at fault because any fault will end their responsibility to pay you. Their efforts will include hiring investigators to speak with witnesses, studying accident reports, examining your social media postings for harmful comments, examining the damage to your vehicle, reviewing your phone records (to see if you were distracted), and formally questioning you about everything that led up to your accident or injuries.

They will use anything you say at the accident site or to any of their adjusters against you. We strongly recommend that you DO NOT speak with their adjusters. The one‑percent rule supplies a powerful excuse to close their file and end your case.

How North Carolina differs from nearby states

In South Carolina, you can receive damages if the defendant’s degree of fault is 51 percent or higher. In Georgia, you can receive damages if the defendant is 50 percent or more responsible. Virginia, like North Carolina, is a pure contributory negligence state.

Exceptions that may rescue a claim

There are several ways that you can still recover damages, despite North Carolina’s pure (one-percent rule). Our lawyers understand these exceptions/defenses.

• The “last clear chance” doctrine. This principle provides that you can obtain a recovery when the defendant had the final opportunity to avoid harm but failed to use it.
• Gross negligence. For example, drunk driving or reckless driving can override your negligence.
• A lack of proximate cause. If the defendant cannot show that your negligence caused your injuries, then you can proceed with your damage claim.
• Non-fault cases. Two examples where fault is not an issue are strict product liability claims and workers’ compensation claims.

The defendant has the burden of proving that you were partially responsible. If they cannot meet this burden, you can proceed with your claim.

Social media can sink your claim

Saying online that you were talking on your mobile phone at the time of the accident or just that you’re sorry for what happened can be used against you. Silence online during litigation prevents innocent updates from becoming ammunition for the opposition.

Why you need a personal injury lawyer on your side

Pure contributory negligence turns a straightforward accident into high‑stakes chess. A seasoned personal injury lawyer frames facts to show fault lies solely with the defendant, locates exceptions, and counters insurer narratives before they harden into “facts.”

Attorneys can hire investigators, enlist accident reconstruction experts, download vehicle event data, and subpoena cell‑tower logs. Depositions attach drivers and witnesses to their stories. These moves can expose the defendant’s last clear chance or gross negligence, clearing the one‑percent hurdle and restoring hope for full compensation.

Our record of results includes numerous strong recoveries. In most accident or negligence cases, the liability of a defendant (and only the defendant) is quite clear.

Common myths about fault in North Carolina

Many people believe insurers must pay something when both drivers make mistakes. Others think liability splits fifty‑fifty by default. Pure contributory negligence shatters these assumptions: unless one party is completely blameless, no damages change hands.

Jury perspectives on the doctrine

Jurors often consider the one‑percent rule harsh, yet they must follow instructions. Lawyers craft narratives that eliminate any hint of shared fault, giving juries a path to full justice without violating their oath to apply the law. Additionally, juries may hold a clearly unsubstantiated claim of a plaintiff’s negligence against the defendant.

Price Petho & Associates fights for the injured

Since 1979, Charlotte’s Price Petho & Associates has tried hundreds of cases and secured more than $250 million for North Carolina families. Insurance carriers know the firm will present your claim before a jury rather than settle cheaply. Clients can reach our firm day or night. Pay nothing upfront—let proven trial lawyers shoulder the risk. Contact us today for a free case evaluation.