Articles Posted in Motor Vehicle Accidents

Bicycle accidents are particularly stressful because of the serious injuries that often result when a vehicle collides with a bicyclist. At Maurer Law, we have provided numerous injury victims with assistance after they have suffered a Raleigh car accident, including individuals who were on a bicycle at the time of the crash. While you focus on your recovery and healing your injuries, we will focus on representing your interests and asserting your rights to the fullest extent. Contact us today to start learning more about your potential right to recovery.

Recently, the North Carolina Court of Appeal issued an opinion in a case involving a bicycle accident. The plaintiff was riding his bike on a road at the same time that the defendant was driving his vehicle after drinking multiple alcoholic beverages. Both parties were traveling in the same direction. There was also a passenger in the defendant’s vehicle. According to the plaintiff’s complaint, the defendant struck the plaintiff from behind as he attempted to drive past the plaintiff. The plaintiff alleged that he did not adjust his path at the time and that he was thrown from his bike as a result of the impact, leading to several serious injuries.

The plaintiff also alleged that the defendant did not stop to render aid to the plaintiff, call law enforcement, or check on him in any way. The defendant was eventually charged with a felony hit and run among other charges. The defendant answered the plaintiff’s complaint and asserted the defense of contributory negligence, which states that the plaintiff also acted negligently at the time of the crash and that this contributed to his or her injuries. North Carolina follows the pure contributory negligence standard which prevents a plaintiff from recovering compensation if the jury concludes that he or she is even 1% at fault. The plaintiff denied the contributory negligence defense.

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In some car accident cases, a question can arise regarding whether the defendant can be sued in the state where the accident happened or in another jurisdiction. There are rules that require a person to have minimum contacts with a jurisdiction in order for him or her to be sued in its courts. This can become an issue in situations where the defendant was traveling through a particular area or wants to sue the defendant in a jurisdiction closer to his or her home state. The diligent Raleigh car accident lawyers at Maurer Law are prepared to make sure that your case is filed properly and that you can defend against any issues the defendant raises regarding jurisdiction.

In a recent appellate opinion, the North Carolina Court of Appeal was asked to consider whether a Texas resident was properly sued in North Carolina following a two-car accident that happened in Austin, Texas. The plaintiff filed a complaint for negligence in Wake County, North Carolina and the defendant answered with a motion to dismiss on the basis that the defendant was a resident of the State of Texas and did not have any contacts with North Carolina. The court eventually concluded that because the defendant did not maintain any contacts with North Carolina, the court there did not have jurisdiction over the defendant. The defendant did not run a business in the state, have bank accounts there, visit regularly, or own property in North Carolina.

The plaintiff appealed the lower court’s decision to dismiss the case based on the lack of personal jurisdiction over the defendant. First, the court noted that to fall within North Carolina’s jurisdiction, the party must have “engaged in substantial activity within the state. The appellate court rejected the plaintiff’s argument that because the defendant exchanged a series of text messages with the plaintiff, the defendant could properly be sued in North Carolina. The appellate court noted that the plaintiff instigated these text communications. The conversations were limited to the cost of repairs and the status of insurance claims. There was one phone call between the parties for the purpose of discussing the same information.

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If you were injured in a car accident, you may have already had discussions with your insurance company or the other party’s insurer to learn about whether you are entitled to benefits. Unfortunately, many insurance companies do not play by the rules and take advantage of insureds or people making claims during their time of need. The Raleigh car accident lawyers at Maurer Law are prepared to help you defend your rights against an insurance company so that you can receive the financial compensation that you need and deserve.

Recently, the North Carolina Court of Appeal considered a claim in which the plaintiff, an insurance carrier, filed an action for declaratory judgment seeking an interpretation of insurance policies. In the claim, a minor was injured when a truck that her cousin was driving ran off the road and into a ditch. The minor was ejected from the vehicle. Her guardians filed a complaint seeking damages for the accident totaling over $81,000. The complaint also included a claim for underinsured motorist coverage against the minor’s grandfather. In the meantime, the cousin’s insurance carrier tendered $30,000 in benefits.

The plaintiff insurance carrier argued in the declaratory judgment action that the minor was not covered under the insurance policy. The plaintiff filed a motion for summary judgment, which the court eventually granted. It concluded that because the minor was not a member of the grandfather’s household, insurance coverage was not available under the policy. The minor’s guardians appealed the decision.

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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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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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