How Comparative Fault Could Impact Your Bicycle Accident Case
Actually, it can’t—because North Carolina uses a different system. Instead of comparative fault, the state follows a much stricter rule: **contributory negligence**. If you're even 1% responsible for a bicycle accident, you could lose your right to compensation. Here’s how this affects injured cyclists in the Triangle.
What Is Contributory Negligence?
In North Carolina, if you share any blame for the accident, you may be barred from recovering damages. It’s one of only a few states still using this harsh legal standard, and it puts extra pressure on cyclists to prove they were completely in the right.
How It Applies to Cyclists
Insurance companies may argue that you weren’t wearing visible clothing, were riding against traffic, or failed to signal. These claims—even https://justpaste.it/h6q5d if minor—could jeopardize your case if not successfully rebutted.
Defenses to Contributory Negligence
Your attorney may use the “last clear chance” doctrine to argue that the driver had a final opportunity to avoid the accident and failed to do so. This exception can help save your case in some situations.
The Importance of Skilled Legal Representation
Bicycle accident claims are already challenging—contributory negligence makes them even more so. Our firm knows how to push back against unfair accusations and secure justice for injured cyclists across Raleigh and Durham.