10/19/09
Comparative Fault: Fairness and Justice for North Carolinians
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Did you know that in North Carolina, if your traffic signal turns green and you proceed without looking, and then a person runs the red light and injures you, you may be completely barred from recovering any damages from them for your injuries? North Carolina is only one of 4 states that still have the harsh Contributory Negligence Doctrine. 46 other states have adopted Comparative Fault.
Under the current law in North Carolina a person with any fault in their own injury, even 1%, is prohibited from recovering anything at all from the other at fault person or persons. Do you ever speed a few miles over the speed limit? Do you ever walk in a store or parking lot while not looking down specifically at where you are stepping? Do you ever move slightly out of the crosswalk when crossing the street and approaching a curb? Under certain circumstances, these actions may be held to be contributory negligence.
With contributory negligence, people and businesses injured because of someone else’s wrongdoing are denied fair and reasonable compensation for their injuries. Contributory negligence undermines principles of fairness, accountability and responsibility.
The North Carolina Advocates for Justice (NCAJ) supports enactment of the Uniform Apportionment of Tort Responsibility Act (UATRA), a model bill for Comparative Fault. UATRA is a fair compromise that draws on the experience of the 46 states that have adopted comparative fault. A bipartisan comparative fault bill passed the North Carolina House in 2009 and there is hope that in 2010 this will be considered and passed by the N. C. Senate and signed into law.
How does UATRA work? UATRA replaces contributory negligence with comparative fault. Under UATRA, the injured person can recover as long as she is not more than 50% at fault. Her recovery is reduced by the percentage she is at fault, fairly dividing fault among the parties involved.
UATRA also modifies joint and several liability. Under current law, fault is not divided among multiple wrongdoers, and the injured person can collect all her damages from any one of the responsible parties. Under UATRA, when two or more parties cause the injury, fault is allocated among those wrongdoers, based on their proportionate responsibility.
Here’s an example of how Comparative Fault works: A speeding truck runs a red light and hits Beth’s car broadside, totaling the car and fracturing her skull. Beth had the green light, but was driving 5 miles per hour above the speed limit. The jury decides that the truck driver was 90% at fault for running the red light and Beth was 10% at fault for speeding. Under the current law of contributory negligence, Beth would receive nothing. Under UATRA, Beth would receive compensation for her injuries, minus 10% for her fault in the accident.
At the NCAJ, we believe in fairness as well as accountability. UATRA is a compromise approach that strikes a fair balance between the interests of injured people and those that are responsible for the injury, fairly apportioning fault to all who are responsible.
If you would like to read more on this issue please click here:
Posted by kim at October 19, 2009 5:44 AM MDT
Welcome
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Hello and welcome to the inaugural edition of the North Carolina Advocates for Justice (NCAJ) Blog. The North Carolina Advocates For Justice is a nonprofit, nonpartisan association dedicated to protecting people's rights through professional and community legal education, championing individual rights, and protecting the safety of North Carolina's families -- in the workplace, in the home, and in the environment.
Each week we will be offering articles and commentary related to legal matters of concern to all North Carolinians. The areas of law will range among numerous categories, both civil and criminal, including consumer protection, eminent domain, civil rights, criminal law, auto torts, workers compensation, family law, employment law, disability law, medical malpractice, nursing home law, products and safety, professional negligence, other forms of negligent injury, and others. Our purpose in providing this blog is to provide current information on policy decisions, laws, and other legal matters that affect us all.
In addition to this blog we have a link to a forum to allow discussion of these topics among the NCAJ, its members and North Carolinians like you. We hope this blog and the discussion will be informative and useful in understanding the important legal policies, decisions and other related matters that affect us all in our daily lives. Thank you.
Posted by kim at October 19, 2009 5:38 AM MDT
