Articles Posted in Motor Vehicle Accidents

If you were injured in a car accident, you can bring a claim for compensation. This process involves many different steps and it is important to know key deadlines and processes. If you fail to follow the rules or miss a deadline, you could jeopardize your right to receive damages. Working with the competent Raleigh car accident lawyers at Maurer Law is one way to make the legal process less stressful after an accident. It also allows you to focus on your recovery while we focus on asserting your rights.

A recent Court of Appeal opinion discusses how important it is to follow procedural rules in a car accident case. The plaintiff filed a complaint claiming that she was injured in a car accident caused by the defendant. The defendant filed an answer alleging that the plaintiff was contributorily negligent, which means that the plaintiff also acted carelessly and that this carelessness partially caused her injuries. During a hearing before trial, a dispute arose regarding whether the plaintiff could testify about her injuries, the accident, and medical treatment as a layperson. The defendant noted that the plaintiff had not provided a list of any expert medical witnesses who were going to testify on the plaintiff’s behalf. The defendant had moved to exclude the plaintiff from testifying about her injuries, the accident, and her bills until the plaintiff designated an expert witness.

During the same hearing and after an off-the-record discussion with the judge, the defendant moved for summary judgment on the basis that the plaintiff’s case lacked a crucial element: causation. Without medical expert testimony, the defense argued, the plaintiff could not show a causal link between the accident and the injuries that she suffered. The plaintiff objected to the motion for summary judgment for lack of notice as required under Rule 56. The trial court granted the motion for summary judgment and the plaintiff appealed. A motion for summary judgment asks the court to conclude that there are no genuine disputes of material fact in the case and that the case can be decided as a matter of law.

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One of the most challenging aspects of a motor vehicle accident is figuring out who is responsible for the damages. In some situations, there may only be two parties involved and liability is clearer. But in others, there could be several potential defendants that owe the injured party compensation. If you were hurt in a car accident, contact Maurer Law as soon as possible. Our seasoned Raleigh car accident lawyers can help you make sure that you hold everyone responsible for the injuries and damages that you have suffered.

In a recent case, the North Carolina Supreme Court considered whether the Court of Appeal correctly affirmed the lower court’s denial of a plaintiff’s claim for damages in a negligence case arising from a car accident. The plaintiff’s son was driving a car that his mother owned at the time of the crash. The defendant was driving a van. The two vehicles collided in an intersection.

The plaintiff filed an action against the defendant based on negligence and seeking damages. To prove that a defendant drove a vehicle negligently, the plaintiff must show that the defendant failed to use ordinary care and skill when driving the vehicle and that the plaintiff suffered injuries as a direct and foreseeable result. Examples of negligent driving include not yielding the right of way or engaging in distracted driving habits behind the wheel. In response to the complaint, the defendant filed an answer naming the son as a third-party defendant.

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If you are injured in a motor vehicle accident, you probably have questions about whether you are entitled to compensation. This may include questions about how your insurance policies apply to the accident and whether you are eligible for benefits. At Maurer Law, our Raleigh personal injury lawyers are available to assist you with evaluating your claim and determining whether you are entitled to compensation.

In a recent opinion, the North Carolina Supreme Court considered an appeal involving a dispute about how an insurance policy should be interpreted in a personal injury case. The plaintiff was injured in a motor vehicle accident. At the time of the crash, the plaintiff had an insurance policy that provided underinsured motor vehicle coverage subject to a limit of $250,000 per person. The defendant also had an insurance policy with a per person liability limit of $100,000.

The plaintiff filed a complaint seeking damages for the accident, alleging that the defendant’s negligence caused the crash to take place. In the complaint, the plaintiff sought compensation for past and future medical expenses, lost wages, permanent injuries, and pain and suffering. The jury returned a verdict concluding that the defendant was negligent and awarding the plaintiff $263,000 in compensation.

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Pedestrian accidents usually result in serious or fatal injuries for the victim due to the sheer size and force of most motor vehicles on the road today. If you or someone you love was injured as the result of a careless driver, then you may be entitled to compensation. At Maurer Law, our compassionate team of Charlotte pedestrian accident lawyers are prepared to assist you with all aspects of your claim, including gathering evidence, negotiating with insurance companies, and securing the settlement or judgment that you deserve.

The North Carolina Court of Appeal discussed a pedestrian accident in a recent appellate opinion. In the case, the plaintiff left her apartment and began walking to a local shopping center in Goldsboro. The defendant was driving in the northbound lane on her way home from work at roughly 35 miles per hour. The lane on which the defendant was traveling was a five-lane road featuring two lanes on either side, a turn lane, and a paved median. The plaintiff crossed the two southbound lanes of this road and stood on the paved median. There was a vehicle in the turn lane that had stopped to allow the plaintiff to cross.

An SUV in one of the northbound lanes had also come to a stop to allow the plaintiff to stop and traffic was backing up as a result. The plaintiff walked in front of the SUV and peered around it to see if the way was clear, but the SUV driver blew its horn and the plaintiff began running across the road. As she ran across the second northbound lane, the defendant’s vehicle struck the plaintiff.

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One of the most challenging parts of bringing a civil claim for damages is understanding the various procedural rules that apply to your case. When it comes to filing an amended complaint, for example, there are rules governing how and when an amended complaint can be filed. Discovering new evidence can be incredibly helpful for your case, but only if you are allowed to amend the complaint to add a new claim or new allegations. At Maurer Law, our Charlotte car accident lawyers are prepared to assist you with seeking compensation after suffering injuries in an accident. This includes handling all phases of the legal process and protecting your rights.

Recently, the North Carolina Court of Appeal was asked to consider whether a lower court properly denied a defendant’s request for leave to amend their answer to the plaintiff’s complaint. The case arose from a car accident in which the defendant’s vehicle struck the plaintiff’s vehicle. When the accident happened, there was a red flashing light pointed at traffic from the road on which the defendant was traveling. There was also a stop sign five to ten feet back from the intersection. The lane of traffic in which the plaintiff was traveling was facing a yellow flashing caution light. The defendant drove across the plaintiff’s lane of travel when attempting to make a left turn.

In answering the complaint, the defendant denied the allegations but did not raise contributory negligence as a defense. This is a theory that holds a plaintiff accountable where the defendant can show that the plaintiff also acted negligently at the time of the crash. If the defendant can show that the plaintiff was also negligent, then the plaintiff is barred completely from recovering compensation. A few days later after filing the answer, the defendant filed an amended answer.

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If you are injured in a car accident, the civil justice system allows you to bring a case against the person who caused your injuries to recover compensation. This sounds straightforward, but the process can be incredibly complex. There are countless procedural and substantive rules that apply to how the parties both provide evidence, communicate with the court and communicate with one another. At Maurer Law, our Charlotte car accident attorneys are available to provide competent and diligent legal advice to accident victims throughout the region. We will ensure that your case complies with all of the applicable rules and that you are treated fairly throughout the process.

In a recent case, the North Carolina Court of Appeal was asked to consider whether the procedures that a trial court used to grant the defendant’s motion for summary judgment were appropriate. The plaintiff filed a lawsuit against the defendant alleging that she was injured in a car accident as a result of the defendant’s negligent driving. The defendant responded by alleging that the plaintiff was contributorily negligent and filed a counterclaim against the plaintiff seeking damages.

Prior to the case coming up for trial, the court heard pretrial motions by both parties. At this time, the defendant noted that the plaintiff had not listed any expert medical witnesses in her disclosures. On this basis, the defendant moved to exclude the plaintiff from testifying about her injuries and medical bills unless she provided an expert witness who could provide an opinion about the injuries and their relation to the car accident. The plaintiff argued that she could testify based on her layperson experience undergoing treatment and that medical bills providing information about treatment and cost would be introduced into trial.

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Scooters and mopeds are a popular choice with some people when it comes to a mode of transportation. Students on college campuses or people living in bustling metropolitan areas are especially fond of opting for these two-wheeled vehicles. They are affordable, easy to park, and provide a way to get to and from class. But they also bring serious dangers especially considering that they fail to protect the rider from the elements and other dangers. If you were involved in a moped or scooter crash, contact our diligent team of Asheville personal injury lawyers today to learn more about your potential rights.

Recently, the North Carolina Court of Appeal considered a case arising from a moped accident in which one party tragically died. The administrator of the decedent’s estate filed a claim alleging that the defendant was responsible for the decedent’s death and that she had the last clear chance to avoid the accident. The decedent was leaving his job at a bicycle shop on his moped before the crash. The headlight on his moped had been broken in a previous accident and he attached a bicycle light in its place. A witness testified that she was traveling on North Carolina Highway 115 and saw a “very, very faint little light” on the road ahead. She believed the light belonged to a pedestrian. She passed the light and saw nothing because it was dark that evening.

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When you purchase underinsured motorist coverage, most drivers assume that it will help them cover any gaps in the event that they are injured in an accident involving a driver who doesn’t have enough insurance to cover the damages. Insurance claims can be very complicated, however, and insurance companies do not always honor the terms of the policies provided. In other cases, an insurance company may delay providing payment or point to other provisions of the policy in an attempt to avoid having to pay benefits under the policy. At Maurer Law, our compassionate and knowledgeable team of Charlotte car accident lawyers are available to help you assert your right to insurance benefits after an accident.

The North Carolina appellate court issued an opinion in a case recently where an insurer and insured disputed whether or not the insurer was entitled to underinsured motorist benefits. The insured was a passenger in her sister’s vehicle when they were involved in an accident. The sister lost control of the vehicle, ran over a median, and collided with an 18-wheeler in the opposite lane of traffic. The sister tragically died in the crash and the insured suffered devastating injuries.

At the time of the crash, the decedent and the insured carried policies. The decedent’s policy was issued in Tennessee while the insured’s policy was issued in North Carolina. Both policies provided coverage for personal injuries up to $100,000 per occurrence and for injuries involving underinsured or uninsured motorists up to $100,000 per occurrence.

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People who are injured in a car accident can bring a civil lawsuit against the person who caused the crash to recover compensation for their injuries and damages. This may sound straightforward, but the process can be complex and requires following countless procedural and substantive rules. This includes affirmative defenses, which the defense can use to argue that he or she should not be held liable for your damages. The seasoned Charlotte personal injury lawyers at Maurer Law are available to assist injury victims with evaluating their claims and making sure that they are treated fairly throughout the process.

In a recent case, an appellate court considered whether the lower court properly entered a judgment based upon the jury’s finding that the plaintiff was contributorily negligent. This doctrine stands for the idea that a plaintiff who contributed to his or her injury should not be allowed to recover compensation from another party involved in the situation. North Carolina follows a version of this doctrine that bars the plaintiff from recovering any compensation if the defendant can show that he or she was even a bit at fault for the accident.

The plaintiff’s complaint alleged that she was injured when the defendant failed to stop at a stop sign at an intersection crossing causing his vehicle to collide with the plaintiff’s vehicle as she passed through the intersection. The officer who responded to the scene prepared a report stating that there were no braking marks, which suggested that the plaintiff had not attempted to stop. The plaintiff testified that she saw the defendant’s vehicle “a little bit before” he entered the intersection and that it did not look like he was going to stop. Based on this, the jury concluded that the plaintiff contributed to her injuries by not paying closer attention and identifying the defendant’s approaching vehicle sooner.

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When you are injured in a car accident, you can bring a personal injury claim against the driver of the vehicle that caused the crash. This may seem like a fairly straightforward process, but lawsuits can be incredibly complicated. The North Carolina civil court system also has countless procedural rules that must be followed in order for you to receive compensation. One of the best things you can do to protect your rights following a personal injury accident is to seek guidance from an experienced Charlotte car accident lawyer. At Maurer Law, our team has assisted numerous individuals with understanding their rights and the best way to proceed after an accident.

Recently, the North Carolina Court of Appeal considered whether the trial court made a reversible error when it granted a motion for a new trial in a case involving a car accident. The plaintiff in the lawsuit alleged that he was rear-ended by the defendant while his car was stopped at a red light. The jury concluded that the defendant was the proximate cause of the plaintiff’s injuries and awarded $500 in damages. The plaintiff filed a motion for a new trial on the issue of damages. More specifically, the plaintiff challenged statements made to the jury asking it to consider the financial impact of a verdict on the defendant’s finances and statements indicating that the defendant did not have liability insurance to assist with paying a judgment. The court granted the motion for a new trial and the defendant appealed.

Before the appellate court can review the merits of an appeal, however, it must first determine whether it has jurisdiction to hear the appeal. The defendant in this case acknowledged that his appeal was interlocutory. This means that it was an appeal coming before a final disposition in the case. The appellate court noted that because the motion for a new trial only granted a new trial on the issue of damages, it was not appealable. N.C. Gen. Stat. Section 7A-27(b)(3) specifically provides that motions granting partial new trials are not eligible for appeal.

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