Injured in an accident but worried you might share some of the blame? Many people face this exact situation. You’re dealing with pain, medical bills, and lost wages, and now you’re wondering if a small mistake on your part could cost you everything.
In many accidents, fault isn’t clear-cut. Multiple parties often share responsibility for what happened, and understanding how your state handles shared fault can make the difference between recovering compensation and walking away with nothing.
Comparative negligence determines how fault is divided when more than one party contributes to an accident. The rules vary dramatically across Alabama, North Carolina, Virginia, and South Carolina, and knowing which rules apply to your case is critical.
Call (334) 845-1177 in Montgomery, (704) 377-9157 in Charlotte, (804) 531-6706 in Richmond, or (803) 991-7687 in York for trusted legal help when you’re hurting.
Understanding comparative negligence (and why it matters)
Comparative negligence is a legal principle that determines how fault is divided when more than one party contributes to an accident. Instead of placing all the blame on one person, the court or insurance company looks at everyone’s actions and assigns a percentage of fault to each party. This division of fault directly affects whether you can recover compensation and, if so, how much.
The critical issue: fault rules vary dramatically from state to state. Some states allow you to recover damages even if you were mostly at fault. Others bar you from recovering anything if you share even 1% of the blame. Hunter | Everage serves clients in Alabama, North Carolina, Virginia, and South Carolina, and each state handles fault differently.
The harsh reality in Alabama, North Carolina, and Virginia
Alabama, North Carolina, and Virginia all follow what’s called contributory negligence. This is one of the strictest and most unforgiving fault rules in the country. Under contributory negligence, if you’re found to be even 1% at fault for the accident that injured you, you cannot recover any compensation. Not a reduced amount. Nothing.
Consider this scenario: you were rear-ended at a stoplight by a driver who was texting. The accident wasn’t your fault, right? But what if you had a brake light out? Insurance companies in contributory negligence states will seize on any small mistake you made and use it to deny your entire claim.
This rule is incredibly harsh. Only a handful of states still use it, and Alabama, North Carolina, and Virginia are three of them.
In North Carolina, contributory negligence is governed by N.C. Gen. Stat. § 1-139. The defendant has the burden of proving you were contributorily negligent, but if they succeed, you’re barred from recovery.
In Virginia, Va. Code § 8.01-34 codifies contributory negligence. Like North Carolina, even the smallest amount of fault on your part can eliminate your right to compensation.
In Alabama, the rule is just as strict. If your actions contributed to your accident in any way, you may not recover damages from the other party.
These states recognize limited exceptions, such as the “last clear chance” doctrine (where the defendant had the final opportunity to avoid the accident but didn’t) and instances involving children or wanton conduct. But these exceptions are narrow, and insurance companies know how to fight them.
First, get the medical treatment you need. Then call Hunter | Everage at (334) 845-1177 in Montgomery to discuss your rights.
South Carolina takes a different approach.
South Carolina follows a more forgiving system called modified comparative negligence with a 50% bar. You can still recover compensation even if you share some fault, as long as your percentage of fault doesn’t exceed 50%.
If you’re found to be 30% at fault for an accident, you can still recover damages. However, your total compensation will be reduced by 30%. So if your case is worth $100,000, you’d recover $70,000.
But there’s a catch. If you’re found to be 51% or more at fault, you can’t recover anything. South Carolina’s modified comparative negligence rule draws a hard line at the 50% mark. If you’re exactly 50% at fault, you can still recover half of your damages. But cross that line to 51%, and your claim is barred entirely.
This system is governed by the South Carolina Contribution Among Tortfeasors Act. It’s fairer than the contributory negligence rules in our other service states, but it still places significant importance on proving that the other party was primarily responsible for your injuries.
Call (803) 991-7687 in York County to speak with our South Carolina team about your case.
Real-world example: car accident
Two drivers collide at an intersection. Driver A was speeding by 10 miles per hour. Driver B ran a red light. After investigation, the jury finds Driver A was 30% at fault for speeding, and Driver B was 70% at fault for running the red light.
In South Carolina, Driver A can recover 70% of their damages. If their total losses are $50,000, they’d receive $35,000.
In Alabama, North Carolina, or Virginia, Driver A would recover nothing. Even though Driver B was primarily at fault, Driver A’s 30% share of the blame completely bars recovery under contributory negligence.
Why insurance companies love contributory negligence
Insurance companies in Alabama, North Carolina, and Virginia know exactly how to use contributory negligence to their advantage. They don’t need to prove you were mostly at fault. They just need to prove you made one small mistake, and your entire claim gets thrown out.
They’ll investigate every detail, looking for any action you took (or didn’t take) that contributed to the accident. Were you wearing your seatbelt? Did you have your headlights on? Were you looking at your phone? Did you brake in time?
In contributory negligence states, insurance adjusters are trained to find that 1% of fault and use it to deny your claim entirely. Having experienced legal representation is critical. We know how to build cases that anticipate these arguments and protect your right to compensation.
How evidence determines fault
Whether you’re in a comparative or contributory negligence state, evidence is everything. The more documentation you have proving the other party was at fault, the better your chances of recovering compensation.
Key evidence includes:
- Police reports documenting the accident scene and the officer’s initial assessment of fault
- Photos and videos from the accident scene, including dashcam footage, security cameras, or smartphone pictures
- Witness statements from people who saw what happened
- Medical records showing the extent and cause of your injuries
- Expert testimony from accident reconstruction specialists or other professionals who can analyze what happened
We gather all available evidence and use it to build the strongest possible case. In contributory negligence states, this means showing you were not at fault in any way. In South Carolina, it means proving the other party was primarily responsible.
Why you shouldn’t talk to insurance companies alone
After an accident, the at-fault party’s insurance company will contact you quickly. They’ll sound friendly and concerned. They’ll ask you to give a recorded statement about what happened. They may even make a fast settlement offer.
Don’t fall for it. Everything you say can and will be used against you. In contributory negligence states, one wrong word can sink your entire case. Insurance adjusters are trained to ask leading questions designed to get you to admit fault.
Even innocent statements like “I didn’t see them until the last second” can be twisted into an admission that you weren’t paying proper attention. Before you talk to any insurance company, talk to us.
Call (704) 377-9157 in Charlotte before speaking to any insurance adjuster.
How Hunter | Everage helps
With more than 35 years of combined experience handling personal injury, workers’ compensation, and Social Security disability cases, Hunter | Everage understands how to navigate the complex fault rules in Alabama, North Carolina, Virginia, and South Carolina. Our attorneys know what it takes to prove the other party was responsible while protecting you from unfair accusations of fault.
We fight for the struggling, the hard-working, the little guy. When insurance companies try to shift blame onto you, we push back with evidence, legal experience, and a commitment to getting you the compensation you deserve. Our team handles everything, from investigating your accident to negotiating with insurance companies, so you can focus on healing.
Hunter | Everage is a Black-owned business with offices in Montgomery, Alabama, Charlotte, North Carolina, Richmond, Virginia, and York, South Carolina. We’re more than paperwork. We provide trusted legal help when you’re hurting.
Your health comes first. Get the medical treatment you need, then contact Hunter | Everage for a free consultation.
Frequently asked questions
What if I don’t know if I was at fault?
Don’t assume you were at fault based on what happened. Insurance companies will try to convince you that you share blame even when you don’t. Call us for a free consultation, and we’ll review the facts of your case to determine whether you have a valid claim.
Can I still recover damages if the accident was partly my fault?
It depends on which state you’re in. In South Carolina, you can recover as long as you’re 50% or less at fault. In Alabama, North Carolina, and Virginia, any fault on your part can bar recovery entirely. Having an attorney who understands your state’s specific laws is critical.
How much does it cost to hire Hunter | Everage?
We work on a contingency fee basis, which means no fee unless we win. Your consultation is completely free, and you don’t pay us anything unless we recover compensation for you.
How long do I have to file a claim?
Alabama: 2 years for personal injury cases, North Carolina: 3 years for personal injury case,s Virginia: 2 years for personal injury cas,es South Carolina: 3 years for personal injury cases
Don’t wait. The sooner we can start building your case, the better your chances of success.
Get trusted legal help when you’re hurting
If you were injured in an accident in Alabama, North Carolina, Virginia, or South Carolina, don’t let confusing fault rules keep you from seeking the compensation you deserve. Hunter | Everage has the experience and dedication to handle complex fault disputes and fight for your rights.
Contact us today for a free, no-obligation consultation. We’re available to answer your questions and help you understand your legal options.
Montgomery, AL: (334) 845-1177 Charlotte, NC: (704) 377-9157 Richmond, VA: (804) 531-6706 York, SC: (803) 991-7687
We fight for people like you. Let Hunter | Everage provide the trusted legal help you need when you’re hurting.
