A PETITION SEEKING TO CHANGE THE LAW OF CONTRIBUTORY NEGLIGENCE IN NORTH CAROLINA.

NORTH CAROLINA IS ONE OF FOUR STATES IN THE UNITED STATES IN WHICH THE OUTDATED DOCTRINE OF CONTRIBUTORY NEGLIGENCE IS STILL THE LAW. THIS DOCTRINE STATES THAT A PERSON INJURED AS A RESULT OF HIS OR HER OWN NEGLIGENCE CANNOT RECOVER DAMAGES FROM ANOTHER NEGLIGENT PARTY REGARDLESS OF THE RELATIVE FAULT OF EITHER PARTY. UNDER THIS LAW, ANOTHER PARTY COULD BE 99\% AT FAULT IN CAUSING INJURY TO YOU, AND YOU WOULD HAVE NO RIGHT TO RECOVER DAMAGE TO PERSON OR PROPERTY IF YOU CONTRIBUTED THE OTHER 1\% OF FAULT. FOR INSTANCE, IF YOU WERE DRIVING 40 MPH IN A 35 MPH SPEED ZONE, AND ANOTHER RAN A STOP SIGN AND COLLIDED WITH YOU, YOU WOULD NOT BE ABLE TO RECOVER EVEN THE COST OF CAR REPAIR FROM THAT DRIVER, EVEN THOUGH THE COLLISION WAS OBIVIOUSLY THE OTHER DRIVER'S FAULT.
MOST STATES USE THE DOCTRINE OF "COMPARATIVE NEGLIGENCE," WHICH APPORTIONS FAULT AMONG THE PARTIES, AND REDUCES THE DAMAGES RECOVERABLE BY THE PARTY LEAST AT FAULT BY THE DEGREE OF HIS RELATIVE FAULT.UNDER THIS LAW, IN THE ABOVE SCENARIO, IF YOU WERE 1\% AT FAULT, YOU WOULD STILL BE ABLE TO RECOVER THE OTHER 99\% OF YOUR DAMAGES FROM THE DRIVER WHO WAS MOST AT FAULT.
THE LAW OF CONTRIBUTORY NEGLIGENCE WILL ONLY BE CHANGED BY NORTH CAROLINA GENERAL ASSEMBLY. IF YOU ARE A REGISTERED VOTER IN THIS STATE, IT IS TIME TO SEND A MESSAGE TO OUR REPRESENTATIVES THAT WE ARE NOT PAYING OUR HARD-EARNED DOLLARS IN INSURANCE PREMIUMS JUST SO THE INSURANCE INDUSTRY CAN AVOID FAIR RESPONSIBLITY AND POCKET OUR MONEY.PLEASE SIGN THIS PETITION AND RETURN IT TO PETITION DRIVE, P.O. BOX 10381, CHARLOTTE, NORTH CAROLINA, 28212.PLEASE PRINT YOUR NAME AND ADDRESS.THANK YOU. ALSO YOU CAN E-MAIL IT TO ME AT [email protected]