Negligence law needs to change

The thoughtfully written commentary “Braking News” by Tamiko Murray [Jan. 3] stirred me deeply. I, too, as a pedestrian, was hit by a turning car whose driver said he didn’t see me. At the time of the accident, I was 78 years old. DeVonte was 8 years old. No matter how old or young one may be, it is a life-changing experience. There are physical injuries. Some of them heal and others you learn to live with. It’s the psychological/emotional damages that unexpectedly tear open and rile up anxieties long afterwards. I hope time will soften DeVonte’s fears and heal his wounds. He deserves to have a safe, happy and long life ahead of him.

Unfortunately, in North Carolina the victim is made responsible for his own accident if he is found at least 1 percent negligent. This is one of the four remaining states that have the contributory-negligence clause in its motor-vehicle laws. Because of that, insurance companies try to settle claims by paying the least amount. Sometimes it’s nothing, unless the accident victim—at his expense—takes the driver to court. The bodily injury premiums on our auto-insurance policies don’t seem to count. Other states have no-fault or comparative-negligence laws.

In North Carolina’s 1983-84 legislative session, two identical bills were introduced to end contributory negligence. They were Senate Bill 145 and House Bill 319, entitled “Comparative Fault Rule.” They did not become law. Today many people in North Carolina want to end contributory negligence because they, or a relative or friend, have been affected by this law. Over 800 people have signed a “Change the Contributory Negligence Law” petition on line. Go to Google; read about the law and the people who have been hurt or killed. I hope you sign it. It’s time for a change.

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