Motor Vehicle Accidents

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

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.

November 28, 2018

North Carolina Appellate Court Dismisses Appeal Regarding Discovery Order as Improperly Filed and Discusses Interlocutory Appeal Exceptions

by Maurer Law

The legal process includes many different rules that govern substantive aspects of your claim, like which evidence the other party can present and procedural aspects of your claim such as when you can seek an appeal. These rules can be complicated and it can be difficult to know whether you are proceeding in the right manner. This is why having a seasoned North Carolina personal injury lawyer can make all the difference when it comes to securing the compensation that you deserve.

In a recent appeal, the court discussed when a party can seek an interlocutory appeal. The plaintiff was operating a city bus when the vehicle was struck from behind by a regular passenger car. The plaintiff suffered injuries and filed a claim against the driver of the vehicle alleging negligence. The matter proceeded to discovery, which is the phase of litigation where the parties seek information from one another about the claim.

During discovery, the defendant filed a motion to compel seeking an order that would require the plaintiff to provide more robust answers to the defendant’s discovery requests. The court granted this order and compelled the plaintiff to provide more information about her physicians before the accident and her post-accident injuries and mental disabilities. She was also compelled to produce more information about her wage and hours worked following the crash.

October 24, 2018

North Carolina Appellate Court Upholds Decision Finding Car Accident Victim Entitled to Employer’s $1 Million Uninsured Motorist Policy Provision

by Maurer Law

Insurance policies play a big role in most car accident cases. Knowing your rights under an insurance policy and ensuring that an insurance company treats you fairly can be incredibly difficult, especially if you are dealing with severe and painful injuries as well as major disruptions in your everyday life. At Maurer Law, we proudly provide North Carolina car accident victims with compassionate and dedicated legal counsel in a wide variety of motor vehicle accident claims.

In a recent appeal, the North Carolina appellate court considered whether a plaintiff was properly an insured person for the purpose of an at-fault driver’s insurance policy following a collision. The plaintiff was an employee of a construction company when he was hit by a car while helping his co-worker back a truck and trailer onto the highway.

The plaintiff received workers’ compensation benefits for his injuries through the defendant insurer, which provided a workers’ compensation policy to the construction employer. The insurer also provided a business auto coverage policy to the construction employer with a million dollar limit for uninsured/underinsured motorist coverage. This policy provided a hierarchy indicating when an accident victim is entitled to uninsured/underinsured benefits where multiple policies are involved. The plaintiff had a personal auto policy that provided $250,000 in underinsured motorist coverage.

October 10, 2018

North Carolina Appellate Court Dismisses Interlocutory Appeal Based on Failure to Allege Appropriate Appellate Standing in Wrongful Death Car Crash Case

by Maurer Law

Knowing when and how to file an appeal after a ruling in a case is a critical step to preserving your rights. If you do not comply with the appeal procedures, you will lose your right to appeal. There are many different ways and times during the proceedings that you can file an appeal. As knowledgeable North Carolina personal injury lawyers, we have handled numerous trials on behalf of injured residents and understand how to help you protect your rights.

In a recent appellate opinion, the court considered whether the plaintiff properly appealed from a partial summary judgment order dismissing her claims against two defendants in a wrongful death action that she asserted after her husband was killed in a car crash. The crash happened when a dealership allowed a relative of a vehicle buyer to take the newly purchased vehicle from a dealership lot. The relative crashed it into the back of the decedent’s vehicle, pushing him into oncoming traffic. The decedent’s wife brought a wrongful death claim against the vehicle buyer, the relative, and the dealership. All defendants brought motions for summary judgment and the trial court granted the dealership’s motion. The plaintiff appealed this ruling while her claims against the vehicle buyer and the relative remained.

Because the plaintiff still had pending claims against other parties in the lawsuit, the appeal was classified as an appeal from an interlocutory order, which means the order only resolved some of the claims in the action and not the entire action as a whole. In most situations, there is no immediate right to an appeal from interlocutory orders. In seeking her appeal, however, the plaintiff failed to comply with N.C. Gen. Stat Section 1A-1, Rule 54(b), which requires a trial court’s certification that an order is appropriate for immediate appellate review.

October 5, 2018

North Carolina Appellate Court Concludes that Victims of Fatal Motorcycle Crash are Entitled to Per-Accident UIM Coverage Instead of Lower Per-Person Coverage

by Maurer Law

Motorcycle accidents can lead to some of the most debilitating injuries. In the worst cases, the victim loses his or her life as a result of a driver’s negligence. As competent North Carolina motorcycle accident lawyers, we have assisted countless individuals with understanding their right to compensation after losing a loved one in an unnecessary and tragic crash. One of the most challenging aspects of resolving the situation is negotiating with insurance companies, who don’t always have your best interests in mind. While you and your family are coping with the sudden tragedy, we will work with insurance companies to fight for your rights and to protect your interests.

A recent North Carolina appellate opinion discussed the applicability of insurance in a crash that involved a motorcyclist and his passenger. The driver of a passenger vehicle containing three passengers lost control of her vehicle, which then collided with the victim’s motorcycle. The motorcycle rider and his passenger died as a result of the crash.

The defendant’s policy provided liability insurance with limits of $30,000 per person and $60,000 per accident. The insurer distributed the coverage to the passengers in the passenger vehicle and to the estates of the motorcyclist and his passenger. The victims’ estates received $17,928 each. The victim also had an insurance policy that provided underinsured motorist coverage with a limit of $100,000 per person and $300,000 per accident. The policy was distributed to the victims’ estates in the amount of $82,072 each. Ultimately, each estate received a total of $100,000 for both policies, which comprised the per-person limits of the underinsured motorist policy for the victim’s insurance.

September 19, 2018

North Carolina Appellate Court Reverses Ruling Based on Venue-Related Forum Non Conveniens Doctrine

by Maurer Law

Motor vehicle accidents of any kind are a difficult experience for the victim and his or her family, but they are particularly horrendous when the victim loses his or her life as a result of the crash. Our dedicated team of North Carolina wrongful death car crash attorneys has assisted numerous families with understanding their legal rights following the sudden and painful loss of a loved one.

A recent North Carolina appellate court opinion discusses a wrongful death case involving a motorcyclist. In the action, the administrator of the decedent’s estate filed a negligence action against the at-fault driver alleging that his negligence caused the decedent’s death.

The accident occurred when a commercial truck collided with a motorcycle. Both drivers were residents of Kane County. The crash took place roughly one mile from the county line with Cook County. Paramedics from Kane County treated the motorcyclist, who was dead at the time he arrived at the hospital. The Kane County coroner performed an autopsy. Four of the five witnesses to the accident resided in Kane County. The Kane County sheriff’s department investigated the accident.

After the action was commenced, the defendant filed a motion to transfer venue from Cook County to Kane County based on forum non conveniens, which is the legal doctrine that helps courts determine whether a particular action should be located in a specific venue based on several factors. A party can seek a venue change based on this doctrine when the chosen venue would pose an undue hardship to the defendants. There are several factors involved in making this assessment.