Yes, though they’re somewhat limited. One recognized exception is the “last clear chance” doctrine. If the defendant had the final opportunity to avoid the accident but failed to act, they can’t use your partial fault to escape liability. Another scenario is if the defendant’s conduct was willful or reckless, making contributory negligence less relevant. However, these exceptions can require strong, if not overwhelming proof, that’s why it’s smart to consult an attorney to see if those legal doctrines apply.

At Teddy, Meekins & Talbert, we help clients determine whether these exceptions might shield them from a contributory negligence defense. A thorough examination of the facts can reveal important details that insurers may overlook or minimize. 

How Can I Protect My Claim From Contributory Negligence Arguments?

First, gather thorough documentation. Take photos of the scene, collect witness info, and get a copy of any police report. Second, avoid making statements that could be twisted into an admission of partial fault. Phrases like “I’m sorry” or “I might have looked away for a second” can haunt you later. Third, speak with an attorney early-on. Legal counsel can help you navigate insurance communications and counter contributory negligence tactics with evidence (assuming such exists) that the other driver bears responsibility for their negligent actions and failure to exercise due care.

Do I Still Need to Prove the Other Driver Was Negligent?

Absolutely. Even though contributory negligence shifts focus onto the plaintiff’s behavior, you still need to establish the defendant was negligent in causing the crash. Evidence such as eyewitness accounts, traffic camera footage, and physical proof of driver error can demonstrate negligence and therefore fault and “legal liability.” If you can clearly show the other driver ignored a traffic control device or was drunk driving, it could reduce the likelihood that they’ll successfully shift blame onto you.

Does This Rule Apply to Passengers?

Generally, passengers are less susceptible to contributory negligence unless they engaged in behavior that contributed to the wreck, like distracting the driver excessively or encouraging unsafe speeds. Typically, passengers have stronger grounds to pursue claims since they weren’t operating the vehicle. That said, the defense might still attempt to find some form of contributory negligence, so it’s wise for passengers to gather evidence to protect their best interests.

How Do Courts in Shelby and Cleveland County Treat Contributory Negligence?

Local courts abide by North Carolina’s statutes, so the doctrine is applied consistently. The party alleging “contribu” carries the burden of proof to prove contributory negligence. However, judges and juries tend to carefully scrutinize evidence to see if the plaintiff truly contributed to the crash. If there’s insufficient proof of contributory negligence, the plaintiff may still recover. Each case hinges on its unique facts and how convincingly each party presents their arguments.

What Role Does an Attorney Play in These Claims?

An attorney investigates the accident, consults experts if needed, and anticipates arguments that you may have been partially responsible for the wreck. Obviously, that’s handled on a case-by-case basis. No two accidents and fact patterns are exactly the same. At Teddy, Meekins & Talbert we also handle situations involving severe injuries—like a traumatic brain injury—where medical evidence can prove critical. A meticulous approach can make it harder for insurers to allege contributory negligence.