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How Fault is Determined in an Auto Accident

May 7, 2020

How Fault is Determined in an Auto Accident

How Fault is Determined in an Auto Accident

When it comes to motor vehicle accidents, the state of North Carolina is a ‘fault state.’ This means that if you suffer injuries in a motor vehicle collision that is caused by another person’s negligence, you can file a claim or lawsuit directly against that negligent individual.

In order to prove fault, you must be able to demonstrate that the other driver acted in an unreasonable manner under the circumstances. For example, if the other driver violated a traffic law, such as by running a red light or speeding, that evidence is typically sufficient to establish negligence on the other driver’s part. When it comes to proving fault, there are several key pieces of evidence, including eyewitness testimony, eyewitness statements, and police reports, which are very useful.

The North Carolina personal injury lawyers at King Law Firm can assist you with proving that another driver was at fault for your auto accident. We will also help you pursue monetary recovery for the injuries which you suffered in your accident. Please give us a call today to learn more about how we can assist you with your personal injury legal matter. 

Witness Statements

Written and oral statements by eyewitnesses are key pieces of evidence in motor vehicle accident cases. An eyewitness who was on the scene at the time of the accident may be able to testify that another driver ran a red light or stop sign, was speeding or failed to yield the right-of-way to the accident victim’s vehicle. 

If you are involved in a motor vehicle collision, it is extremely important that you obtain the names and contact information for any eyewitnesses who appear at the scene. These statements will become extremely important when it comes to proving fault in your accident case.

Police Reports

Police reports are another source of potential evidence when it comes to proving fault in a motor vehicle accident case. Although police officers often arrive at the scene after the accident has already occurred, they are still in a position to speak with witnesses and make an assessment about who caused the accident. The police report will also typically state who, in the police officer’s opinion, was at fault for the accident – and whether or not a citation was issued to the at-fault driver.

Pure Contributory Negligence

North Carolina is one of only five jurisdictions in the United States that still follows the law of pure contributory negligence. Under this law, an injured accident victim is not entitled to any recovery if he or she is even one percent at-fault for a motor vehicle collision. However, if the other driver still had the last clear chance to avoid the accident, then an accident victim’s contributory negligence may not prevent him or her from recovering damages.

Speak to a North Carolina Personal Injury Lawyer Today

At the King Law Firm, our legal team can assist you with proving all of the elements of your negligence claim arising out of a motor vehicle collision. We can also file a claim or lawsuit on your behalf against the at-fault driver. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 205-9940 or contact us online today.

Rear-Ended by a Commercial Vehicle

May 6, 2020

rear end accident with commercial vehicle

Rear-Ended by a Commercial Vehicle? 

If you are rear-ended in a motor vehicle collision by the driver of a commercial vehicle, you may have a legal claim against both the vehicle driver, as well as the company that employs the driver for damages. This is because a driver who is operating a vehicle within the scope of his or her employment is acting as an agent of his or her employer. The employer, therefore, may share in some or all of the liability for the accident.

If you are involved in a motor vehicle collision that was caused by the driver of a commercial vehicle, you may be able to pursue damages by filing a claim or a lawsuit. The North Carolina personal injury lawyers at King Law Firm can assist you within bringing your claim, and if necessary, litigating your case through the court system. Please give us a call today to learn more about how we can help you with your personal injury legal matter. 

Common Causes of Rear-End Accidents

Drivers of commercial vehicles, including commercial truck drivers, are oftentimes in a hurry. Commercial drivers who arrive at their destinations sooner may be entitled to additional compensation, and these drivers are oftentimes encouraged by their companies to log as many hours as possible. However, this sometimes causes commercial drivers to operate their vehicles in an unsafe and careless manner. When people drive carelessly, motor vehicle collisions – including rear-end accidents – can occur. Some of the most common causes of rear-end accidents caused by commercial drivers include:

  • Speeding — When commercial drivers operate their vehicles far in excess of the speed limit, they increase their chances of colliding with the back of another vehicle. Since commercial vehicles are typically much larger than passenger vehicles, such a collision can bring about serious injuries.
  • Distracted driving — When the driver of a commercial vehicle is paying attention to an electronic device, such as a cell phone or tablet, instead of the road, he or she is more likely to collide with the rear end of another motor vehicle, bringing about serious injuries.

 

  • Weaving — In an attempt to arrive at their final destinations sooner, many commercial drivers, including truck drivers, try to weave in and out of traffic in order to get ahead. When this happens, they increase the chances that they will cause a serious motor vehicle collision.

Filing a Claim or Lawsuit for Damages

In addition to filing a claim or lawsuit against the negligent commercial driver, you may be able to also bring a claim or lawsuit against the driver’s employer. In order to do so, the at-fault driver must be operating his or her vehicle within the scope of employment. If the driver is operating the commercial vehicle for work purposes, then the employer may also be vicariously liable for the driver’s negligent actions or inactions while on the road.

As part of any negligence claim, the accident victim may be able to pursue damages for his or her medical bills, lost earnings, pain, suffering, inconvenience, and other damages. 

Speak to a North Carolina Personal Injury Lawyer Today

The experienced legal team at the King Law Firm can assist you with filing a claim or lawsuit for damages in a rear-end motor vehicle accident that involved a commercial truck. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 206-0052 or contact us online today.

North Carolina Personal Injury Damages

May 5, 2020

North Carolina Personal Injury Damage

North Carolina Personal Injury Damages

People can suffer personal injuries in a variety of ways. In some cases, a person may be injured if he or she is involved in a motor vehicle collision. At other times, a person can be injured in a pedestrian accident or a slip and fall accident. Still others are injured when they are using a product which turns out to be defective in some way.

If you suffer an injury in an accident that is caused by someone else’s negligence, recklessness, or carelessness, you may be in a position to make a claim or file a lawsuit for personal injury damages against the at-fault individual or entity. Our North Carolina personal injury lawyers can help you pursue the damages you by filing a personal injury claim on your behalf. Call our office today to schedule a consultation with an experienced attorney.

Proving that You Are Entitled to Recover Damages in Your Personal Injury Case

As a plaintiff in a personal injury case, you have the burden of proving that you are entitled to recover damages. In order to meet this burden of proof, you must first demonstrate that the at-fault individual or entity was negligent.

In order to prove negligence, you must demonstrate that it is more likely than not that the at-fault person acted in an unreasonable manner. For example, in a motor vehicle accident case, you must demonstrate that the at-fault person violated a traffic law or engaged in some other unreasonable conduct, resulting in the accident. Moreover, you must be able to show that you suffered one or more physical injuries in your accident and that your injuries occurred because of the accident.

Economic and Noneconomic Damages

If you can demonstrate that someone else caused your accident, you may be entitled to a variety of economic and noneconomic damages. Economic damages are used to compensate you for the out-of-pocket costs and losses associated with your accident. For example, you may be able to recover compensation for the medical treatment which you incurred as a result of your accident. Moreover, you may be able to make a claim for lost wages, so that you can be compensated for missed work time.

In addition to these economic damages, you may be able to make a claim for noneconomic damages. Noneconomic damages are used to compensate accident victims for the out-of-pocket costs resulting from their injuries. For example, an accident victim may be able to make a claim for pain and suffering, inconvenience, loss of earning capacity, emotional distress, mental anguish, and loss of spousal and family support related to an accident.

An experienced personal injury attorney in North Carolina will do everything possible to help you pursue the monetary damages that you need so that you can be made whole after your accident.

Speak to a North Carolina Personal Injury Lawyer Today

At King Law Firm, our legal team can help you pursue the damages that you need after an accident. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 205-9940 or contact us online today.

What You Should Do If You Get Hit By A Car

Oct 12, 2019

what to do if you have been hit by a car

Being hit by a car is without a doubt a terrifying experience and a potentially life-threatening situation. Unfortunately, you still need to take the proper steps to protect yourself. By doing so, you will ensure your financial protection and most importantly, your safety.

 

In this article, we’ll review what you should do if you are hit by an automobile or any other type of moving vehicle.

 

Your first priority is to ensure you are safe.

This may seem obvious but often a person with a serious injury does not realize it due to shock and adrenaline.

If at all possible, move out of the way of other traffic away from the street. Try to collect yourself, breathe slowly and do your best to remain calm. You will more than likely experience various emotions such as fear, anger, as well as pain and adrenaline. Calming down will better help you evaluate yourself for injuries you have suffered. It will also make it easier for you to communicate with by standards who witnessed the accident as well as when talking to the police and describing what happened.

If you are seriously injured, please make sure you receive treatment as soon as possible by calling 911 and requesting an ambulance.

 

Do not leave the scene of the accident.

It’s very important the incident is documented and you are there to control the circumstances if at all medically possible. Keep in mind you may not feel injured at the time of the accident but you may in the future. You want to make sure you have the drivers, driver license information and insurance information and most importantly, the accident is documented by the police.  Never under any circumstance leave the scene of the accident without following the above guidelines.

 

Do everything possible to make sure the driver does not leave the scene of the accident.

Very often an injured person may feel as if they are okay and not injured but as we discussed earlier, this is often due adrenaline.  Make every effort possible to call the police immediately and request an ambulance if one is needed. Often drivers will tell injury victims, “you look okay” and try to persuade them to dismiss the accident so they can be one their way. Do not ever say you are okay and insist they remain until the police arrive. Do not be afraid to inconvenience the driver, you’re not wasting anyone’s time. If they insist on leaving the scene of the accident if at all possible, write down the license place number of the car or take a picture of it with your mobile phone.

 

Being hit and injured by any type of motor vehicle is considered a serious accident and if injured you are entitled to a fair legal process to be compensated for your injuries and damages. If you or a loved have been hit by a motor vehicle, contact the experienced injury lawyers at King Law Firm today.

North Carolina Dui Car Wrecks On The Incline

Sep 18, 2019

North Carolina Criminal Lawyers

United States statistics shows that the number of fatal accidents that happen in the United States due to drunken driving is comparatively high. In a single year, there were more than 7,850 fatal crashes involving DUI throughout the United States. On average, this is about 25 car accidents every day. North Carolina is a state that ranks high, where a car wreck is most likely to happen due to DWI.

Other states that are considered to be the deadliest with regard to DWI crashes are in various parts of the country.  According to authorities, these types of accidents are most likely to happen between the hours of 2 a.m. and 3 a.m. Primarily because this is the time most bars close.

However, there are other time periods that are dangerous as well. Around 7 p.m. is also a period with a higher incidence of DWI accidents, likely because restaurants and bars often quit serving happy-hour drinks at reduced prices. The study further documented a higher increase in accidents at about 3 p.m., which suggests that drinking during lunchtime might be increasing.

Those in North Carolina who are injured in drunk driving accidents have the right to file personal injury claims against the driver or drivers believed to have been at fault. If you or a loved one have been injured due to a someone operating a motor vehicle while impaired, contact the King Law Firm for a free Case Evaluation.

Car Accident Leads To Death, Injury In North Carolina

Sep 18, 2019

North Carolina Personal Injury Lawyers

A tragic motor vehicle crash in North Carolina sadly cuts an individual’s life short. The two-car incident took place on a recent Saturday evening. The victim’s family members and friends are left to grapple with how and why the auto accident occurred.

The car accident happened around 7:40 p.m. along North Carolina 61 at an intersection. According to police, the drivers of both of the vehicles involved in the accident suffered injuries in the accident. One individual had to be extricated by rescue workers prior to being taken to a local hospital.

The person who was extricated from his automobile is reported to be in stable condition. However, the other motorist was pronounced dead at the scene of the accident. This driver was a minor, under the age of 18. Authorities will continue to investigate the cause of this fatal accident.

If police have confirmed that the injured man caused the accident due to negligence — for example, speeding — then the surviving family members of the individual who died in the crash may file a wrongful death claim against him.

Liability must be established, based upon a showing of negligence before claims for damages will be determined.  The King Law Firm has over 30 years’ experience helping those injured due to the negligence of another. If you have been injured in an auto accident, seek legal representation immediately and call the King Law Firm for a free case evaluation.