Motor Vehicle Accidents

November 26, 2019

North Carolina Appellate Court Reverses Summary Judgment for Defendant in Fatal Truck Accident Case

Truck accidents are a particularly terrifying type of personal injury accident due to the massive size and weight of these vehicles. Although there are laws that govern how trucking operations must run, including routine safety inspections and careful hiring of qualified drivers, accidents still happen. As dedicated North Carolina truck accident lawyers, the attorneys at Maurer Law are ready to help you determine whether you are entitled to compensation following a preventable truck accident situation.

The North Carolina Court of Appeals issued an opinion in a truck accident case involving the improper loading of freight. The case involved a truck driver who worked for a trucking company. He drove the truck to a loading facility to pick up cargo that was packed onto pallets. The driver instructed the facility on how to load the cargo including instructing them to rearrange the items. he then drove the cargo to a plant. The plant was closed so he returned the next day. Before he left, he checked the cargo and tightened some of the straps. Another driver eventually took over the delivery of the shipment. While driving on the highway, he observed sparks in his side-view mirror and pulled over to determine that one of the items had fallen off the truck.

The decedent in the lawsuit was riding on the back of a motorcycle driving the opposite direction as the truck. The driver saw the sparks and attempted to dodge debris in the road but was unable to. The collision ejected decedent from the motorcycle and an oncoming truck then struck her, causing her to sustain serious injuries. She died later that evening as a result.

November 19, 2019

North Carolina Appellate Court Affirms Dismissal of Pedestrian Injury Case based on Plaintiff’s Contributory Negligence

by Maurer Law

Pedestrian accidents can be particularly devastating due to the serious and catastrophic injuries that often result when a vehicle collides with an unprotected pedestrian. There are also often complicated legal issues in these cases regarding whether the pedestrian was walking in a permissible area at the time of the crash. If you were injured in a pedestrian accident, the experienced and compassionate Charlotte pedestrian accident lawyers at Maurer Law are prepared to help you assess your right to compensation.

The North Carolina C0urt of Appeals recently discussed a case involving a pedestrian accident. The plaintiff was walking from her apartment toward a retail store while the defendant was driving home from work at roughly 35 miles-per-hour. The plaintiff crossed two southbound lanes of the street on which the defendant was traveling and stopped at the paved median. A car in the turning late stopped to allow the plaintiff to cross, and an SUV in the adjacent lane also stopped due to backed up traffic. The SUV driver honked its horn and the plaintiff started running across the remaining northbound lanes. The defendant’s car immediately struck the plaintiff as she ran into the outermost northbound lane resulting in injuries.

The plaintiff alleged that the defendant acted negligently at the time of the crash and the defendant responded by arguing that the plaintiff was contributorily negligent in crossing a five-lane street during rush hour traffic outside of the crosswalk. The defendant moved for summary judgment and the court granted the motion. The plaintiff promptly appealed.

November 13, 2019

E-Scooter Accidents are on the Rise in North Carolina

by Maurer Law

Electric scooters have become a popular alternative to many common forms of transportation. They are often a more affordable option and provide greater flexibility in terms of navigating crowded roadways, parking, and fighting morning or evening commutes. For all their benefits, however, there are many risks involved with using an e-scooter as a form of conveyance. For starters, scooters are not as visible as regular passenger vehicles, making them difficult for other motorists to see. A knowledgeable North Carolina motor vehicle accident lawyer can help you determine if you are entitled to compensation following a scooter injury accident.

Recently, North Carolina residents have experienced an uptick in scooter-related injuries. According to an article from Charlotte Observer, there have been 35 injuries reported involving electric scooters throughout Charlotte and Raleigh between January 2018 and May 2019. With 82 total crashes reported in the broader region, e-scooter accidents represented 42% of total accidents. So far, scooter accidents have not resulted in fatalities, but there have been at least eight deaths in the US associated with using a rentable e-scooter between 2017 and now, according to Consumer Reports.

Part of the uptick in accidents may be attributable to an increasing number of companies offering scooter rentals. This makes scooters available to people who may not have the experience or skill necessary to operate the devices safely. Although scooters are far different from passenger vehicles, operators should still use caution when riding them through congested areas and should pay attention to traffic laws. Even if a scooter rider has the right of way, a passing truck or car may not see the scooter or may assume that the scooter will stay on the sidewalk. It is also important to note that scooter riders need a motorcycle license to operate the machines on public roadways and must wear a helmet at all times.

October 21, 2019

North Carolina Appellate Court Discusses Dram Shop Liability in Drunk Driver Personal Injury Accident

by Maurer Law

Motor vehicle accidents are always devastating, but when a drunk driver is to blame the injury can seem even more difficult to accept. There are certain laws that provide ways to hold restaurants, bars, and other establishments that serve alcohol responsible if they overserve someone who leaves the premises and causes an injury accident. These are known as dram shop laws. As seasoned Charlotte drunk driving car accident lawyers, we are ready to help you fight for the compensation that you and your family deserve during this stressful and painful time.

The North Carolina Court of Appeal recently handled a case involving allegations based on dram shop liability. The defendant in the case owned a series of restaurants franchised in different counties throughout North Carolina. The owner disseminated information on how to identify intoxication and prevent it. The co-defendant in the case was a regular customer at one of the locations and between six to seven hours he was served between roughly 13 to 15 alcoholic beverages. Most of the drinks came from one server who’s shift ended before the customer left. The server who replaced her eventually cut off the second defendant from ordering more drinks. The second server ordered food for the customer to eat, which he did.

The customer then left the premises and caused an injury accident on Interstate 26. The plaintiff filed a suit against the restaurant and the customer seeking compensation for his injuries. He also alleged that the restaurant was negligent in supervising its employees, the two servers who provided alcoholic beverages to the customer. The restaurant moved to dismiss the dram shop claim and negligent supervision claim. The court granted dismissal of the negligent supervision claim, but the dram shop claim went to the jury. The court concluded that the plaintiff did not provide enough evidence to show that the servers were incompetent and that the cause of action was duplicative of the dram shop act.

August 30, 2019

North Carolina Appellate Court Issues Decision in UIM Dispute Involving Fatality

by Maurer Law

As Asheville car accident lawyers, we often handle cases involving complex insurance policies and questions about whether coverage will be provided for an accident. If you have severe injuries following a crash that wasn’t your fault, you probably also have severe medical expenses, lost wages, and other expenses associated with the accident. In addition to helping you assert your right to compensation from the driver who injured you, we are prepared to help you ensure that insurance companies treat you and your family fairly during this challenging time.

A recent case from the North Carolina Court of Appeal highlights some of the key aspects of knowing your rights in an insurance policy dispute. The plaintiff in the case filed a declaratory judgment action to determine the extent of the plaintiff’s liability to the defendant for an automobile accident in which the defendant was injured and his wife was killed. The decedent had an insurance policy that provided underinsured motorist (UIM) coverage in the amount of $100,000 per person or $300,000 per accident. The other driver involved in the accident had an insurance policy providing coverage of $50,000 per person and $100,000 per accident.

The other driver’s insurer tendered the full policy limits of $100,000 per accident divided among the four parties in the accident. The decedent’s insurer paid the surviving husband $68,000, which represented the $100,000 policy limit minus the amount he received from the other driver’s insurer. It also paid a sum to the decedent’s estate. The surviving husband argued in court that he was entitled to receive UIM policy limits. The husband ultimately won this argument and the insurer appealed.

June 27, 2019

North Carolina Appellate Court Issues Decision Clarifying Key Statute Regarding a Hospital’s Right to Assert Medical Liens in Car Accident Cases

by Maurer Law

Car accident victims are almost always concerned about medical bills and if they will be saddled with extraordinary debt as a result of a crash that someone else caused. Our team of diligent Raleigh car accident lawyers has guided countless individuals through the legal system and helped accident victims understand their rights after someone else has driven carelessly and caused a crash. If you face serious medical bills and other expenses, you may be entitled to compensation. Let us help you assert your legal rights today.

Recently, the North Carolina Court of Appeal handled a case that involved an issue stemming from medical bills that a victim incurred as the result of a car accident. The victim of the crash reported to a hospital to receive treatment for his injuries. The hospital learned that another driver was responsible for the accident and instead of billing the plaintiff’s healthcare insurer, it decided to rely on medical lien statutes and any payments that the plaintiff received from the other driver. It sent the plaintiff a letter notifying him that he had nearly $7,000 in medical bills and that the hospital asserted a medical lien against any liability recovery, medical payments, or uninsured/underinsured motorist coverage.

A statute prohibits hospitals from billing patients for expenses that would have been covered pursuant to a healthcare policy. In the lawsuit that arose regarding payment of the plaintiff’s bills, the court had to consider whether this statute prohibits a hospital from relying solely on medical liens and any potential judgment that the patient receives from someone who caused the injury instead of billing the health insurer for that patient.

June 13, 2019

North Carolina Appellate Court Upholds Dismissal of Pedestrian Accident Finding that Plaintiff was Contributorily Negligent

by Maurer Law

If you are injured in a car accident or pedestrian accident it is critical for you to know your rights and to understand whether the person who caused your injuries owes you compensation. There are countless doctrines and laws that are involved in a personal injury accident, which can make the process seem incredibly overwhelming. At Maurer Law, our seasoned Raleigh car accident lawyers are prepared to help you navigate the legal system as efficiently and smoothly as possible while ensuring that you receive the fair outcome that you deserve.

A recent case involved a pedestrian accident in which the plaintiff, a pedestrian, was attempting to cross the street. The plaintiff stepped into the roadway in front of an SUV that had come to a stop in the road because of accumulating traffic in its lane. As the plaintiff stepped into the road, she peered around the front of the SUV to see if the lane was clear. The SUV driver blew its horn and the plaintiff decided to run across the road. The defendant’s vehicle, which was traveling in the lane adjacent to the lane in which the SUV was stopped, immediately struck the plaintiff.

The plaintiff filed a complaint alleging that the defendant was negligent in hitting the plaintiff. The defendant moved for summary judgment on the basis that the plaintiff was contributorily negligent by running out into the road. The lower court agreed and granted the motion. The plaintiff appealed, arguing that there were questions of fact regarding whether she was contributorily negligent and whether the doctrine of last clear chance applied.

March 27, 2019

North Carolina Appellate Court Upholds Defense Verdict in Motorcycle Accident Claim due to Plaintiff’s Failure to File Appropriate Motions

by Maurer Law

Car accidents can happen at any place and time, even if you are operating your vehicle as safely as possible. Although you may not be able to avoid being involved in a collision with a careless driver, you can retain a seasoned and diligent North Carolina personal injury lawyer to help you seek the compensation that you deserve for your injuries and damages. A seasoned attorney understands the substantive law that applies to your claim, as well as key procedural rules that can help ensure that you receive a fair and efficient resolution of your claim.

A recent claim underscores the importance of retaining an attorney who has experience in the courtroom. The plaintiff, a motorcyclist, alleged that she was involved in a collision with a vehicle that was parked along the side of the road and that pulled out in front of him without using a turn signal. The plaintiff testified that as he approached the vehicle and realized it was too late to avoid a collision, he “laid down” the bike and collided with the driver’s side of the defendant’s vehicle. At trial, the defendant testified that she was driving slowly and preparing to turn left into the parking lot of a restaurant when the plaintiff attempted to pass her on the left side of her vehicle. According to the plaintiff, she had engaged her turn signal prior to preparing to turn into the parking lot.

The plaintiff moved for a directed verdict, which asks the court to enter judgment in the moving party’s favor based on the evidence presented at trial. The court denied the motion and the jury concluded that the plaintiff did not suffer any damages as the direct and foreseeable cause of the defendant’s conduct. The plaintiff next filed a motion for judgment notwithstanding the verdict, which asks the judge to set aside the jury’s conclusion as being against the manifest weight of the evidence. The plaintiff also filed a motion for a new trial. The plaintiff based both motions on the assertion that the jury disregarded the trial court’s instructions and that the verdict was clearly inappropriate. Both motions were denied and the plaintiff appealed.

February 20, 2019

North Carolina Appellate Court Affirms Award of 15% Disability in Knee Injury Claim

by Maurer Law

A key aspect of a workers’ compensation claim is to determine the severity and scope of the injury to assess whether the worker will be paid partial or total injury benefits as well as permanent or temporary injury benefits. This is a complicated process that involves a thorough examination of the employee’s work history, physical assessment, and other factors. As seasoned North Carolina work injury lawyers, we can help you ensure that you receive the amount of benefit payments that you deserve.

In a recent case, the North Carolina appellate court discussed the process for assessing whether a worker has sufficiently proven that he or she lost wages as a result of the work injury. The plaintiff owned a stump grinding business and fell while he was working in October 2012. He was diagnosed with a rupture to his quadriceps and required surgery. He had a second rupture in February 2013 that also required surgery.

Eventually, the plaintiff’s doctor concluded that he’d reached maximum medical improvement and that he had a 15% permanent partial disability in his left knee. A second opinion from another doctor concluded that it was a 20% permanent partial disability. An independent medical examiner concluded that the plaintiff could continue working in the same capacity.

December 19, 2018

North Carolina Appellate Court Issues Opinion Stating that Underinsured Motorist Coverage Payments are Deemed Collateral and Cannot be Credited Against Civil Judgments

by Maurer Law

Car accidents often involve multiple auto insurance policies, which can lead to confusion and headaches for injury victims. It’s also important to remember that insurance companies are for-profit entities who don’t always have the best interests of injured persons in mind. At Maurer Law, our dedicated team of North Carolina personal injury lawyers has aided numerous residents in interpreting insurance policies and ensuring that they receive the full amount of compensation that they are owed.

Recently, the North Carolina appellate court considered whether a trial court committed a reversible error by crediting payments made to the plaintiff under his own insurer’s underinsured motorist coverage against the judgment that the plaintiff obtained from the other driver in a civil suit. At the time of the accident, the plaintiff had an insurance policy that provided an underinsured motor vehicle coverage up to $250,000 per person. The defendant had an insurance policy that provided a personal liability limit of $100,000 per person.

The case proceeded to trial and the jury returned a verdict in favor of the plaintiff finding the defendant negligent and awarding the plaintiff $263,000 in compensation. A few months later, the plaintiff’s insurance company sent him a check for $145,000 which it claimed represented the amount of underinsured motorist coverage that the plaintiff was owed under the policy. The defendant filed a motion asking the court to determine the amount of set-off that should be credited against the jury award based on the payment as well as other payments that the plaintiff received, including $3,000 from the defendant’s insurer as well as $30,000 from the settlement of a medical negligence claim the plaintiff asserted against the medical professionals who treated him following the accident.