Short Answer

North Carolina follows pure contributory negligence: if you are even slightly at fault and your negligence helped cause the crash, you generally cannot recover money from the other driver. Two main exceptions may still allow recovery—if the other driver acted willfully or wantonly (egregiously unsafe) or had the last clear chance to avoid hitting you. Insurers often raise this defense, but a police report is not the final word; you can challenge fault in court within the standard three-year deadline.

Understanding the Problem

You want to know whether you can still get compensated in North Carolina when a police report says you and the other driver share fault. As the injured driver seeking payment for injuries after a left-turn crash, the key issue is whether any fault assigned to you will block recovery under North Carolina’s contributory negligence rule.

Apply the Law

North Carolina uses contributory negligence, a defense that bars recovery if the injured person’s own lack of reasonable care helped cause the injury, even by a small amount. The at-fault driver must raise and prove this defense in court. Two major safety valves exist: (1) last clear chance—where the other driver had a clear opportunity to avoid the collision after your negligence put you in peril and failed to do so; and (2) willful or wanton conduct by the other driver—behavior so reckless it goes beyond ordinary negligence. Personal injury lawsuits are filed in North Carolina state court, and most injury claims have a three-year filing deadline from the crash.

Key Requirements

• Plaintiff fault: You failed to use reasonable care for your own safety (even slightly).
• Causation: Your negligence was a proximate cause of your injuries (it helped bring about the harm).
• Affirmative defense: The defendant pleads and proves contributory negligence.
• Exceptions: The bar may not apply if the defendant had the last clear chance to avoid the crash or acted willfully or wantonly.
• Forum and timing: Claims are brought in North Carolina state court; most personal injury claims must be filed within three years of the collision.

What the Statutes Say

• North Carolina Gen. Stat. § 20-155 (Turning; yielding when turning left) - A left-turning driver must yield to oncoming traffic that is an immediate hazard.
• North Carolina Gen. Stat. § 20-141 (Speed restrictions) - Sets lawful speed limits and requires speeds that are reasonable and prudent for conditions.
• North Carolina R. Civ. P. 8(c) (Affirmative defenses) - Contributory negligence must be pleaded as an affirmative defense.
• North Carolina Gen. Stat. § 1-52 (Limitations of three years) - Most personal injury claims have a three-year filing deadline.

Analysis

Apply the Rule to the Facts: The police report assigns shared fault in a left-turn collision followed by a secondary impact. If your turn placed you in the lane of travel when it was unsafe, that can be contributory negligence; if the other driver was speeding, that is negligence against them. You are barred from recovery only if your negligence proximately contributed to the crash and no exception applies. Evidence that the speeding driver had a clear chance to avoid you, or drove so recklessly it was willful or wanton, can overcome the bar.

Process & Timing

1. Who files: Injured driver. Where: File a Complaint with the Clerk of Superior Court in the North Carolina county where the crash occurred or where the defendant resides. What: Civil Summons and Complaint alleging the other driver’s negligence and addressing contributory negligence. When: File within the general three-year statute of limitations.
2. After filing: The defendant files an Answer and often pleads contributory negligence. Discovery follows (documents, witness statements, crash data). This phase typically takes several months and can vary by county.
3. Resolution: Mediation is common. If unresolved, a judge or jury decides liability, including contributory negligence, and enters judgment on damages if the defense does not bar recovery.

Exceptions & Pitfalls

• Last clear chance: If the other driver had a clear opportunity to avoid the collision after you were in peril and failed to act, contributory negligence may not bar recovery.
• Willful or wanton conduct: Extremely reckless behavior by the other driver can defeat the contributory negligence defense.
• Police report is not final: Fault assignments in reports are not binding; independent evidence can change the outcome.
• Recorded statements: Off-the-cuff comments to insurers can be used to argue contributory negligence; keep statements accurate and brief.
• Deadline risk: Waiting too long to file suit can forfeit your rights regardless of fault arguments.

Talk to a Personal Injury Attorney

If you’re facing a shared-fault car crash and insurers are using contributory negligence to deny payment, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 or email us to get started.

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.