Legal Question in Personal Injury in North Carolina
Contributory negligence
If a passenger is injured in a motorcycle accident where the driver of the motorcycle (her husband) was intoxicated, lost consciousness, veered into oncoming traffic, and was killed, can the passenger recover despite contributory negligence?
Asked on 11/13/07, 8:57 pm
1 Answer from Attorneys
John Kirby
Law Offices of John M. Kirby
Re: Contributory negligence
If the passenger was negligent in riding with the operator of the motorcycle, then he can not recover. This usually depends on whether the passenger knows that the operator of the vehicle is intoxicated or otherwise impaired. You probably want to consult with an attorney and provide him or her with more facts.
Answered on 11/13/07, 9:06 pm
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