Short Answer

Sometimes, but North Carolina is strict. In most negligence-based car accident cases, if you were even 1% at fault and your fault helped cause the crash, you can be barred from recovering compensation under North Carolina’s contributory negligence rule. There are limited exceptions, and the other side has the burden to prove you were contributorily negligent.

Understanding the Problem

In North Carolina, can you still recover money for injuries from a car wreck if you did something that may have contributed to the crash, even if the other driver also did something wrong? This question matters because you reported being involved in a car accident, and “partial fault” is often the first argument an insurance company raises to reduce or deny a claim.

Apply the Law

North Carolina generally follows a rule called contributory negligence. In plain English, that means if the defense proves you were negligent and that your negligence was a cause of the accident, you may be barred from recovering damages from the other at-fault party in a typical negligence claim. The dispute is usually handled through an insurance claim first, and if it cannot be resolved, it is decided in North Carolina state court (typically Superior Court) through a personal injury lawsuit.

Key Requirements

• The other driver was negligent: You still must show the other driver failed to use reasonable care and that failure caused your injuries.
• Your own negligence is a defense: If the defense proves you also failed to use reasonable care, that can defeat your claim if it contributed to the crash.
• Causation matters: It is not enough that you made a mistake; the defense must tie it to causing the collision (or your injuries) in a meaningful way.
• The defense must prove contributory negligence: The burden is on the defendant/insurer to prove you were contributorily negligent.
• Some exceptions may still allow recovery: Certain fact patterns can overcome contributory negligence (for example, doctrines like “last clear chance” in appropriate cases), but they are narrow and very case-specific.
• Evidence rules can affect “fault” arguments: For example, failure to wear a seat belt generally cannot be used against you in a civil trial in North Carolina (with limited exceptions).

What the Statutes Say

• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Puts the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 20-135 (Seat belt use; limits on admissibility) - Requires seat belt use and generally makes seat belt non-use inadmissible in civil cases.
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not an admission; effect on injury claims) - Explains that settling vehicle property damage usually is not an admission of liability and does not automatically release injury claims unless the written agreement clearly says so.

Analysis

Apply the Rule to the Facts: Because you were involved in a North Carolina car accident and are considering an injury claim, the key issue is whether the other side can prove you did something careless that helped cause the crash. If they can, contributory negligence may bar recovery even if the other driver was also careless. If they cannot prove your negligence (or cannot connect it to causing the collision), contributory negligence should not defeat the claim.

Process & Timing

1. Who files: Usually the injured person starts with an insurance claim; if needed, the injured person (plaintiff) files a lawsuit. Where: North Carolina state court in the county where the crash happened or where the defendant lives (often Superior Court). What: A civil complaint alleging negligence and damages; the defendant typically answers and may plead contributory negligence as a defense. When: As early as possible while evidence is fresh; specific filing deadlines depend on the type of claim and can be strict.
2. Investigation and proof: The parties gather evidence (photos, witness statements, vehicle damage information, medical records). The defense often looks for facts to argue you contributed to the crash (speed, following distance, distraction, lane position, failure to yield).
3. Resolution: Many cases resolve through settlement; if not, a judge or jury decides fault and whether contributory negligence applies.

Exceptions & Pitfalls

• “Last clear chance” arguments: In some situations, even if you were negligent, you may still recover if the other driver had a clear final opportunity to avoid the harm but failed to do so. This is narrow and depends heavily on timing and what each driver could actually do.
• Confusing “insurance fault” with legal fault: An adjuster’s opinion is not the final word. Legal fault is proven with admissible evidence and decided under North Carolina rules.
• Accident report and other “non-evidence” items: Some items people assume will decide the case may not be usable in court the way they expect. For example, certain financial responsibility information tied to accident reports is not evidence of negligence in a civil damages trial.
• Seat belt misunderstandings: People often worry that not wearing a seat belt automatically ruins the case. North Carolina generally does not allow seat belt non-use to be used against you in a civil trial (with limited exceptions), but you should still discuss the facts candidly with your attorney.
• Signing the wrong paperwork: Accepting a payment for vehicle repairs does not automatically settle an injury claim, but a written settlement agreement can release more than you intended if it is drafted broadly.

Conclusion

In North Carolina, you may be blocked from recovering compensation if you were partly at fault and your negligence contributed to the accident, because North Carolina generally follows contributory negligence. The defendant has the burden to prove that defense, and narrow exceptions may apply depending on the facts. A practical next step is to gather and preserve evidence quickly and file your claim (or lawsuit, if needed) before the applicable North Carolina deadline expires.

Talk to a Personal Injury Attorney

If you’re dealing with a North Carolina car accident where the insurance company is arguing you were partly at fault, an attorney can help you understand how contributory negligence may apply, what exceptions might fit your facts, and what deadlines you need to meet. Reach out today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.