A recent North Carolina car crash case arose from a car accident in 2012, involving the plaintiff and the defendants’ cars. The car driven by one defendant was owned by another person, and the only allegation of negligence in the complaint was based on vicarious liability. The investigating officer prepared…
Articles Posted in Motor Vehicle Accidents
Effect of Personal Injury Lawsuit on North Carolina Workers’ Compensation
In a recent North Carolina appellate decision, the plaintiff was awarded workers’ compensation benefits after a car accident. The appellate court reversed on the basis that the plaintiff had chosen to settle his personal injury lawsuit against a third party without the defendant’s consent and had gotten a disbursement of…
Uninsured Motorist Coverage and Arbitration in North Carolina
In a recent North Carolina car accident case, an insurer appealed from a judgment confirming an arbitration award in favor of a plaintiff in a motor vehicle collision. The case arose from a 2013 motor vehicle collision. The insurer was the plaintiff’s uninsured motorist insurer. Under his policy, it was…
No Wrongful Death Liability in North Carolina for Speed Study
In a recent North Carolina car accident decision, a plaintiff filed a claim for damages against the North Carolina Department of Transportation under the Tort Claims Act. He asked for damages of more than $1 million. He claimed that the DOT’s employees were negligent in maintaining, designing, and installing the…
Credits and Setoffs From Uninsured Motorist Coverage Payments in North Carolina
In a North Carolina car crash decision, the plaintiff appealed from a trial court’s judgment that permitted the defendant’s motion for credits and setoffs against the tort judgment received by the plaintiff through their underinsured motorist coverage insurer. The trial court found that the insurer had waived its right to…
Car Accidents and Wrongful Death in North Carolina
A 44-year-old woman was involved in a Charlotte car accident that resulted in the death of another driver. The accident happened at night on Freedom Drive. A man was making a U-turn on Freedom Drive when the woman’s white Chevy Silverado hit the passenger side of his car and sent it into…
Negligent Infliction of Emotional Distress in North Carolina
In a recent North Carolina car crash decision, the plaintiff appealed from a trial court order dismissing his lawsuit. His lawsuit alleged negligent infliction of emotional distress against a county board of education and two others. The issue was whether it was reasonably foreseeable that the plaintiff would suffer severe…
Liability for School Bus Accident in North Carolina
Recently, a county school bus was involved in a crash in Greensboro. It was headed to a middle school. A car involved in the crash overturned, and somebody inside was trapped and then taken to the hospital. The bus was full of kids, and one person was moved by stretcher…
Compensatory and Punitive Damages for Wrongful Death in North Carolina
In a recent North Carolina wrongful death case, the defendant appealed after a jury awarded the plaintiff compensatory and punitive damages for his wife’s wrongful death. The defendant was driving on a two-lane road early one morning when she lost control of the car, crossed over into an oncoming lane…
Concrete Truck Accident in North Carolina
Recently, a concrete truck driven by a 43-year-old man from Charlotte crushed a van in a North Carolina truck accident, trapping four people inside at the intersection of N.C. 49 and Zion Church Road at around 8:30 a.m. The concrete truck was fully loaded and driving north on N.C. 49.…