• 02
  • July
    2010

In an earlier post, we discussed a proposed bill that would make it easier for injured people to sue those responsible for causing their injuries and recover damages. The bill would have allowed those injured by another's negligence, including car or truck accidents, to recover at least partial compensation for their injuries. However, the bill now appears to be running out of steam in the Senate of North Carolina's General Assembly.

The main objective of the bill is to change the law in North Carolina from a "contributory negligence" standard to a "comparative fault" standard. The existing law, contributory negligence, has been argued to be unfair to accident victims because it essentially bars them from receiving any compensation if they are at all at responsible for their injuries. Consequently, someone that is 5% at fault for a car accident cannot recover any damages against the party that was 95% at fault for the same accident.

If passed, the bill would change this policy by allowing injured individuals to recover compensation for the portion of the accident what was not their fault. This concept is known as "comparative fault." Throughout the twentieth century, there has been shift away from contributory negligence in favor of comparative negligence, which is now the rule in 46 states.

The main opposition to this bill has reportedly come from the insurance industry and the North Carolina Chamber of Commerce. Opponents of the bill say that a change in the law will allow more individuals to sue insurance companies and will cause insurance premiums to rise 5% or more across the state.

There is also concern that the number of lawsuits filed in the state would rise dramatically as many more people would have winnable claims for damages even though they may be partially responsible for their own injuries.

Negotiations between interested parties including lawyers, medical groups, insurers and the chamber appear to have broken down this time around, but supporters of the bill say that it will likely be introduced again next year if it doesn't pass this year.

Related Resources:

Bill that would help victims sue appears stalled in General Assembly