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Rule Of Sevens

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.

Call Wallace Pierce Law now for a free, no-obligation consultation at (919) 887-7892, or contact us online.

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:

  • Age
  • Capacity
  • 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!

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Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • $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.