QUESTION
I was going the wrong way in an Arby''s parking lot when a man backing out of a space hit me in the right rear quarter panel.
Asked on Jan 05th, 2012 on Automobile Accidents - North Carolina
More details to this question:
There were no signs about traffic flow. There was one faded arrow on the ground. His insurance company denied my claim saying "I disregarded traffic direction". Is this valid? It seems to me that it is his responsibility to check both directions while backing up.
1 ANSWER
Litigation Attorney serving Raleigh, NC
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Burns, Day & Presnell, P.A.
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If you were in fact going the wrong way, he will not be liable under NC law for your claim. That is because NC still employs the doctrine of "contributory negligence," which means that if you contribute negligently to your own damages or injury (even if the other party is more at fault that you), you cannot pursue a claim against the other party. North Carolina is one of only 4 states that still has contributory negligence on the books. It is a very harsh law, but there is little you can do in this instance to get around it. I am sorry about your accident, and wish you the best of luck going forward. -Jay Mills
Answered on Jan 06th, 2012 at 1:06 PM