Can my six (6) year old be contributorily negligent in a car accident case?
Can a Six-Year-Old Be Contributorily Negligent in a North Carolina Car Accident?
Detailed Answer
North Carolina follows the pure contributory negligence doctrine. If an injured person is even 1% at fault, recovery from the other party can be barred. The rule is harsh, but North Carolina courts have long recognized that very young children lack the maturity to appreciate danger and therefore cannot be held to the same standard as an adult.
Age-Based Presumptions for Children
Under age 7: A child is conclusively presumed incapable of negligence. No evidence can overcome this presumption. (See Walston v. Greene, 246 N.C. 617 (1957)).
Ages 7–13: The child is presumed incapable of negligence, but the presumption can be rebutted with clear evidence that the particular child appreciated the specific danger (Lovin v. Cassell, 199 N.C. 131 (1930)).
Age 14 and older: The youth is generally held to the same standard of ordinary care as an adult.
Because the child in question is six years old, the conclusive presumption applies. A judge cannot instruct a jury to weigh the child’s conduct under contributory negligence, and a defendant may not assert the defense as a bar to the child’s personal injury claim.
How This Plays Out in Practice
Consider a hypothetical: A parent is driving with a six-year-old properly buckled in a rear seat. Another driver runs a red light and causes a collision. Even if the child had been waving a toy that obstructed the parent’s view seconds before impact, the law does not recognize any fault on the child’s part. The focus remains on the adult drivers.
Related Issues to Watch
Parental Negligence: A parent’s negligence (e.g., improper child-seat installation) can reduce or bar the parent’s individual claim but will not defeat the child’s claim. North Carolina follows the rule that a parent’s fault is not imputed to a minor under Yelverton v. Lamm, 193 N.C. 159 (1927).
Seat-Belt Evidence: Under N.C.G.S. § 20-135.2A(d), failure to use a seat belt is not contributory negligence and is inadmissible to prove fault.
Claims Against the Parent’s Insurance: If the negligent driver is a family member, the child may still file a claim against that person’s liability coverage.
Court Approval of Settlements: Any settlement of a minor’s claim must be approved by the Clerk of Superior Court or a judge under N.C. Rule 17 and N.C.G.S. § 1A-1, Rule 17.
Helpful Hints
Collect medical records promptly; the insurer often requires them before evaluating the child’s claim.
Keep a pain journal: Note the child’s sleepless nights, missed school, or favorite activities that now cause discomfort.
Do not sign any release without court approval. A release signed only by a parent may be set aside later.
Photograph all visible injuries at multiple stages—initial, mid-healing, and final—to document scarring.
File the claim before the statute of limitations expires. For minors, the standard three-year period generally begins on the child’s 18th birthday, but earlier filing avoids lost evidence.
Bottom line: In North Carolina, a six-year-old cannot be found contributorily negligent in a car accident. The child’s right to compensation depends on proving someone else’s fault, not the child’s actions. If your family is coping with injuries, our team of North Carolina personal injury attorneys can help you navigate insurance adjusters, court approval, and medical liens.
Call to Action: Questions about protecting your child’s injury claim? Contact our firm today. Speak directly with an attorney by calling 919-313-2737 for a free consultation.