Generally, the thought of a car accident brings to mind a victim and an at-fault driver.
The at-fault driver, however, may not be the only cause of the accident. Instead, the actions and inactions of other third parties, such as government entities, road maintenance crews, and employers, may have also contributed to the accident. When a car accident happens, it is important to consider the potential liability of any such third-parties. Doing so will help ensure that compensation is available for medical bills, lost income, and other damages that an innocent victim may endure.
Whether a third party is liable for an accident depends on whether the potentially at-fault third party was "negligent." Individuals are negligent when they fail to act with reasonable care and their actions cause an injury. A party's actions or inactions may also be negligent where they fail to comply with a law, regulation, or policy. A negligent party is legally liable for the damages that their negligence causes unless a legal defense applies.
One potential defense in North Carolina is the doctrine of "contributory negligence." North Carolina is one of the few states that recognizes contributory negligence. Under this doctrine, if an injured party negligently contributed to the accident or their injuries—even in the slightest manner—the injured party's negligence completely bars them from recovery. However, exceptions to the contributory negligence...
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