Rule of Sevens
Many personal injury cases, especially those involving automobile accidents, focus on the issue of negligence. Negligence can be understood as the failure of one party to exercise a reasonable degree of care owed to a second party, which results in injury to that second party’s person or property. Reasonable care is the degree of caution that a rational person would exercise in a given situation.
However, in North Carolina, the at-fault party’s negligence does not necessarily mean recovery for the injured party. North Carolina negligence law follows the common law doctrine of “contributory negligence,” whereby the injured party may not recover for injuries sustained if their own negligence contributed to the injury.
Under this doctrine, if the injured party is at fault at all, he or she cannot recover for their injuries, no matter how negligently the other party acted.
Minors Held to Different Standards
Minors are held to a different standard than adults when determining whether they are contributorily negligent. North Carolina law measures a minor’s capacity for contributory negligence by their age and ability to discern and appreciate the circumstances of danger.
Understandably, many minors cannot be held to the same degree of care as adults who have been able to garnish more life experiences.
The standard of care for a minor varies with the:
- And experience of the child
In addressing the contributory negligence of a minor, there are three so-called age categories/ranges in which a minor may fall within.
Under the Age of Seven
Legally, a child under seven years of age is conclusively presumed to be incapable of negligence, meaning the child cannot be held liable for any contributory negligence regardless of how intelligent the child might be.
Take, for example, a child playing with a ball that rolls into the street. The child then chases the ball into the street and into the path of an oncoming vehicle. As long as the child is under the age of seven, the law conclusively presumes that the child is incapable of negligence.
Reach out today to get started on your case with our Durham accident attorneys!
“When my 4-year old son and I were involved in a terrible head-on collision, I wasn't sure where to turn. Wallace Pierce has been great showing me the way!”- Mary P.
“Richard Dingus is a great attorney! And I think the best, serving in the state of North Carolina. I would recommend him for injury and bodily claim any day.”- Isaac B.
“They were concerned not only about getting our vehicle replaced, but more importantly my kid’s full recovery.”- Coral M.
“I retained this law firm to fight my case. I was completely shocked at the amount I received once the case was won.”- Schjuana S.
“Mr. Pierce gave me practical advice and was very thorough in guiding me through the process. I left with a strong and positive impression of him.”- Audria L.
“Was able to either point me in the right direction or answer any questions I had regarding the accident I was in. Thank you!”- Steven L.
“Great Law Firm, Friendly Staff, Amazing Service. Willing to help you every step of the way.”- Caleb M.
“I could not recommend anyone any higher than I recommend Wallace Pierce Law, they get the job done and they do it quicker and better and keep you informed along the way.”- Debby L.
$1,900,000 Wrongful Death
The at-fault driver failed to reduce speed and collided with our client's vehicle. Our client passed away shortly after the collision.
$900,000 Wrongful Death
Our client was thrown from his motorcycle and was pronounced deceased on the scene.
$122,000 Car Accident
Vehicle made a left-hand turn, failing to yield the right of way.
$104,000 Serious Injuries
Client was a passenger in a vehicle that was driving through an intersection when another vehicle ran a stop sign and t-boned the vehicle our client was in.
$104,000 Severe Injury
We were able to not only receive policy limits for our client but were able to negotiate her medical bills and liens to ensure that she was able to keep a good portion of the settlement.
$102,000 Serious Injuries
Elderly client was a passenger in a vehicle that was t-boned in an intersection where a driver failed to yield the right of way.