Mitchener Law Firm Mitchener Law Firm 2026-09-19T19:12:05Z https://www.mitchenerlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1302059/2021/03/cropped-Mitchener_Law_Firm_site_icon-1-32x32.jpg On Behalf of Mitchener Law Firm <![CDATA[How do you prove who had the green light after a crash?]]> https://www.mitchenerlaw.com/?p=48099 2026-09-19T19:12:05Z 2026-09-19T19:12:05Z Why this issue can take on so much importance A dispute like that can be especially serious in North Carolina. Under the state’s strict contributory negligence rule, you are barred from recovering any of your losses if you are even the slightest bit responsible for the crash. The other party’s insurer may seize on the conflicting accounts between you and the other driver to deny your claim based on the idea that you entered the intersection while the light was still red and therefore share responsibility for the accident. Regardless of whether the other driver is mistaken or outright lying, you need evidence to support your claim. Some potential places to look include the following:
  • Traffic and surveillance cameras: Not every intersection with a light has a traffic camera, too, but many do. In addition, there may be other angles and views available from nearby businesses and homes.
  • Witness accounts: Eyewitnesses are sometimes invaluable in situations like these. Other motorists, passengers, pedestrians and onlookers nearby may have seen the whole scene unfold, and they may be able to testify about the light.
  • Dashcam evidence: Many drivers now have dashcams for just this kind of event. Depending on how the camera was angled, it may have clearly caught the traffic light signal.
Sometimes other evidence may come into play. Many newer vehicles contain event data recorders that preserve information from the moments before a collision. That won’t show the color of the traffic light, but it might show that one driver accelerated at the intersection while the other attempted to stop. Cellphone records and navigation app activity may also help show whether a driver was distracted or driving in a way that conflicts with their story. If you’ve been involved in a collision at an intersection, don’t wait to see what the insurance company will do. Speaking with an attorney can help you best protect your interests.]]> On Behalf of Mitchener Law Firm <![CDATA[5 back-to-school safety tips for drivers]]> https://www.mitchenerlaw.com/?p=48008 2026-09-07T19:57:38Z 2026-09-07T19:57:38Z some tips that may help you safely navigate this time of year.

1. Slow down in school zones

School-zone speed limits are there for a reason. Driving more slowly gives you additional time to see a pedestrian and stop your vehicle. It also reduces the force of a collision if an accident does occur. Keep in mind that a student may be hidden by a parked car, school bus or group of other pedestrians.

2. Approach crosswalks carefully

Reduce your speed as you approach a crosswalk, and be prepared to stop. Watch for crossing guards and follow their directions, even if doing so adds a few minutes to your commute. Never pass a vehicle that has stopped at one. Its driver may be waiting for a pedestrian you cannot see.

3. Give school buses plenty of room

Leave additional space when following a school bus and anticipate frequent stops. Watch for flashing lights and the extended stop arm. Children may cross from either side of the road, and some may step back into the road for inexplicable reasons.

4. Eliminate distractions behind the wheel

Distracted driving comes in many different forms, but they’re all dangerous. Put away your phone before the vehicle begins moving. Avoid eating, adjusting navigation or reaching into the back seat while traveling near a school. Morning congestion requires your full attention.

5. Don’t let your guard down in parking lots

Be particularly cautious in school parking lots and pickup lines. Children may walk between vehicles or suddenly dart from cars that have barely stopped to let them out. Check every mirror and look behind the vehicle before backing out. Back-to-school traffic can be frustrating, but impatience makes an already hectic environment more dangerous. Leave home a little earlier, expect delays and remember that every child near the road is counting on drivers to notice them. If you or your child is injured in a crash, talking to an experienced personal injury attorney can help you determine your available options.]]> On Behalf of Mitchener Law Firm <![CDATA[What you need to know about pedestrian right-of-way in NC]]> https://www.mitchenerlaw.com/?p=48004 2026-08-19T09:44:11Z 2026-08-19T09:44:11Z Whether you're behind the wheel or on a bicycle, knowing North Carolina's right-of-way laws is essential. Knowing pedestrian rules helps you prevent crashes and understand what to do in common situations. State statutes specify when a pedestrian has the right of way. If you drive or bike in NC, this is a simple way to avoid citations and, more importantly, serious injuries. Here is a breakdown of the key rules every driver and bicyclist should know.

At crosswalks (marked and unmarked)

A state law (N.C.G.S. § 20-173) lists situations where drivers and cyclists must yield to pedestrians. In North Carolina, pedestrians generally have the right of way in marked crosswalks where traffic signals are not present or active.  Do you know about “unmarked crosswalks”? In North Carolina, unmarked crosswalks exist at nearly every intersection where sidewalks lead to the street. When a pedestrian is within any marked or unmarked crosswalk, you must slow down or stop. It is illegal to pass a vehicle that has stopped to allow a pedestrian to cross.

During traffic control signals

Pedestrians must obey traffic control signals. When a traffic sign displays a “WALK” signal, the pedestrian has the right of way. A “DON’T WALK” or “WAIT” signal generally means pedestrians should not start crossing. If they are already walking when the signal starts flashing, they should proceed to a sidewalk or safety island.

At intersections

Many pedestrian accidents happen during turns. Even without painted lines, however, pedestrians crossing at corners generally have the right-of-way. A good rule of thumb is that if you’re turning and your path crosses a crosswalk, look for pedestrians first. Be extremely careful when turning out of driveways or parking lots.

Responsibilities and negligence

It is vital for you to understand that North Carolina follows the pure contributory negligence standard. This strict legal rule states that drivers, cyclists and even pedestrians who are even 1% liable for accidents cannot recover damages. Following the law is critical for everyone on the road. If you are dealing with legal incidents involving pedestrians, you may wish to consult a legal professional. Experienced personal injury representatives can help you navigate legal complexities. Because of strict North Carolina liability laws, it is best to assess the best strategies for your case]]> On Behalf of Mitchener Law Firm <![CDATA[Listening to music can lead to risky driving]]> https://www.mitchenerlaw.com/?p=48003 2026-08-19T02:52:56Z 2026-08-19T02:52:56Z Listening to music in the car is incredibly common. One of the first things many people do is turn on the radio or queue up their favorite playlist, even if they’re just heading out for a short commute to work. Unfortunately, studies show that this can lead to risky driving decisions. There are some significant issues with listening to music in the car, and drivers should be wary that it can make them more dangerous on the roads.

Sensory overload

For example, some studies find that loud music can create a form of sensory overload that makes it harder for the driver to process other types of information. In this sense, it is a form of distracted driving. This is often an issue with modern music, such as rock or pop music. Drivers may be better off listening to soft classical music in the car, which can be calming and less overwhelming.

Listening to their favorite music

Other studies have found that when drivers are allowed to choose music that they personally prefer, it can lead to a higher number of driving mistakes. They are just more likely to make errors. Part of the reason for this is that they are more focused on the music itself, since they emotionally connect with it. For instance, someone who is singing along with their favorite song is distracted and is not paying as much attention to the traffic around them.

Seeking financial compensation

Have you been injured by a distracted driver, perhaps because they were listening to loud music in the car? If you have, you may deserve financial compensation for lost wages, medical bills and other damages.]]> On Behalf of Mitchener Law Firm <![CDATA[Falling in a supermarket when no sign warns about hazards]]> https://www.mitchenerlaw.com/?p=48001 2026-08-05T23:36:26Z 2026-08-05T23:36:26Z Does the absence of a warning sign automatically make the store liable? Not always, but it can be an important piece of evidence. Supermarkets have a duty to keep their premises reasonably safe for customers. That includes inspecting the property, cleaning hazards within a reasonable time and warning shoppers about dangers that cannot be removed immediately. A missing warning sign may suggest the store failed to alert customers to a known hazard. However, liability usually depends on additional factors, such as:
  • Whether the store created the dangerous condition.
  • How long the hazard was present.
  • Whether employees knew about it.
  • Whether they should have discovered it during routine inspections.
  • Whether a reasonable customer could have seen and avoided the danger.
For example, if an employee mopped an aisle but forgot to place a "Wet Floor" sign nearby, that could support a claim that the store failed to exercise reasonable care.

Can the supermarket argue that you were partly responsible?

Yes. North Carolina follows the doctrine of pure contributory negligence, one of the strictest negligence rules in the country. Under this rule, an injured person who is found to have contributed to the accident in any way, even minimally, may be barred from recovering compensation. For that reason, supermarkets can argue that the hazardous condition was open and obvious, that the customer was distracted or that the customer failed to exercise reasonable care while walking through the store. If you have been injured after slipping in a supermarket with no warning sign, speaking with a reliable legal team can help you to determine whether you have grounds to pursue compensation.]]> On Behalf of Mitchener Law Firm <![CDATA[Why do so many drivers overlook motorcycles at intersections?]]> https://www.mitchenerlaw.com/?p=47994 2026-07-11T12:01:24Z 2026-07-11T12:01:24Z Drivers focus on safety threats Situational surveillance is a key component of traffic safety. Motorists must pay attention to their surroundings to check for road hazards. They also need to observe the conduct and communication of others to respond effectively. With so much visual information to process, the brain must prioritize details that are safety critical. Drivers notice a large vehicle swerving into their lane or a truck stopped at an intersection because those environmental factors put them at risk. Drivers are less likely to notice smaller vehicles, including motorcycles. While the motorcycle may be perfectly visible, the brain doesn't recognize the smaller vehicle as a safety threat. People then make driving decisions without factoring in the presence of the motorcycle. Drivers should make a point of intentionally checking for motorcycles, as well as cyclists and pedestrians, to offset this known safety issue. When they mentally focus on looking for motorcycles, overlooking them in traffic becomes less likely. Regardless of the excuse they provide, drivers who cause motorcycle crashes are usually liable for the losses that result. Requesting compensation by filing an insurance claim or a civil lawsuit can help people reduce the long-term impact of a motorcycle crash.]]> On Behalf of Mitchener Law Firm <![CDATA[Common myths about wrongful death lawsuits]]> https://www.mitchenerlaw.com/?p=47992 2026-06-29T20:14:24Z 2026-06-29T20:14:24Z The unexpected loss of a loved one is one of the most difficult experiences a family can face. It becomes even more tragic when another person’s negligence or misconduct caused that loss.  Wrongful death claims have many purposes for the surviving family members. Unfortunately, many people misunderstand how these claims work. Dispelling some of the most common myths can help families make informed decisions during a challenging time.

Myth 1: Wrongful death lawsuits are only about money

Grieving family members often don’t pursue wrongful death claims because they don’t want to profit from their loved one’s death. While damages are an important part of these cases, the purpose of a wrongful death lawsuit goes beyond money. A wrongful death claim can hold negligent parties accountable for their actions. These lawsuits can also encourage safer practices and prevent similar tragedies from happening to others. Compensation families receive can help them manage the financial consequences of their loved one’s death, including medical expenses, funeral costs and lost income.

Myth 2: Criminal charges are required before filing a wrongful death lawsuit

Wrongful death claims are civil matters and separate from criminal cases. Therefore, a lawsuit can proceed even if no criminal charges are filed against the person responsible for the death. Furthermore, even if a criminal case ends in an acquittal, a wrongful death lawsuit may still be possible because civil and criminal cases involve different legal standards.

Myth 3: Only economic losses can be recovered

Many people believe that compensation is limited to financial losses, such as medical bills, funeral expenses and lost wages. However, the deceased’s loved ones may be allowed recovery for other damages, including pain and suffering experienced by the deceased before death, along with the loss of companionship, guidance and support that the deceased provided while they were alive. North Carolina follows the pure contributory negligence rule, meaning that if the deceased contributed to the accident in any way, even as much as 1%, the surviving family members may be completely barred from receiving any compensation. Because of that rule, it’s vital to work with a legal professional. They can investigate the facts and address any allegations of fault. Their guidance can significantly impact the outcome of a wrongful death lawsuit.  ]]> On Behalf of Mitchener Law Firm <![CDATA[When your child is hit by a car on a bike: what parents should watch for]]> https://www.mitchenerlaw.com/?p=47991 2026-06-25T19:44:11Z 2026-06-25T19:44:11Z moments are more frightening than seeing your child struck by a vehicle while riding a bicycle. Even in the best of scenarios where your child stands up and insists they are fine, they may have hidden injuries. The following will provide tips for parents who find themselves working through this type of situation.

Start with safety and the obvious, then look deeper

Call 911 if there is any loss of consciousness, confusion, severe pain, heavy bleeding, vomiting, trouble breathing or suspected neck or back injury. Even “minor” collisions can involve significant forces, especially when a child is thrown from the bike. Before you leave the scene check for these immediate concerns:
  • Head impact, helmet damage, dizziness or headache  
  • Limping, refusal to bear weight or guarding an arm  
  • Abdominal pain, chest pain or unusual bruising  
  • Cuts that may need stitches and road rash that can become infected
These signs justify prompt evaluation, but they are not the whole story.

Do not overlook the following medical realities 

Some of the most damaging injuries are the ones that evolve. Parents should monitor closely for changes and seek re-evaluation if symptoms appear or worsen. Commonly missed issues that deserve special attention can include:
  • Concussion symptoms that appear later: irritability, light sensitivity, nausea, slowed thinking, trouble concentrating or new headaches  
  • Dental and jaw injuries: chipped teeth, loose teeth, jaw pain, bite changes or difficulty opening the mouth  
  • Growth plate injuries: pain near a joint, swelling or reduced range of motion even when X-rays look normal  
  • Internal injuries: increasing belly pain, vomiting, faintness, pale skin or unusual fatigue  
  • PTSD and anxiety: fear of riding, clinginess, panic, mood swings or avoidance of the crash location  
  • Sleep changes: nightmares, insomnia, sleeping far more than usual or waking frequently
If any of these appear, contact your pediatrician or return to urgent care or the emergency department. 

Why documentation and follow-up matter

Thorough documentation helps doctors track symptoms over time and it is important if you later need to show the full impact of the crash. Keep a simple log of pain levels, sleep, school difficulties, emotional changes and missed activities. Save discharge papers, referrals, prescriptions and receipts. Take photos of injuries as they heal and of damaged equipment like the helmet and bicycle. After a bicycle collision with a car, do not rely on first impressions. Watch for delayed symptoms, insist on appropriate follow-up and document the recovery. The goal is straightforward: protect your child’s health now and preserve a clear record in case you pursue legal action later.]]> On Behalf of Mitchener Law Firm <![CDATA[When are transportation companies liable for semi-truck wrecks?]]> https://www.mitchenerlaw.com/?p=47990 2026-06-12T00:36:00Z 2026-06-12T00:36:00Z Employers have vicarious liability Many semi-truck drivers are employees, not owner-operators or independent contractors. Trucking companies are typically liable for collisions caused by their employees while they are on the clock performing job functions. Vicarious liability for employee negligence can make the business responsible even in cases where the truck driver did something clearly unsafe that caused a crash.

Companies can have negligent or unlawful policies

Businesses can also be liable for trucking collisions that occurred due to insufficient vehicle maintenance. Failing to inspect and repair trucks regularly is an actionable form of negligence. Even improper trailer loading can lead to a driver losing control and a preventable collision. Additionally, employment practices, ranging from demands that workers drive longer than the law allows to a failure to review a driver's background adequately, can make the company responsible for crashes. If trucking companies cause crashes with improper employment practices, they may be liable for collision expenses. Reviewing the cause of a semi-truck crash or a police report detailing the factors that may have contributed to the wreck with a skilled legal team can help affected parties understand who is liable. A lawsuit against a transportation company or a commercial insurance claim could provide financial relief if a trucking company is technically liable for a commercial truck crash.]]> On Behalf of Mitchener Law Firm <![CDATA[When a business ignores a leak or a spill before a slip-and-fall]]> https://www.mitchenerlaw.com/?p=47988 2026-06-01T16:48:52Z 2026-06-01T16:48:52Z Deferred maintenance and cleaning could be negligence Failing to promptly address safety concerns that increase the risk of people slipping and falling is potentially a form of negligence. If other reasonable adults recognize a safety hazard and can identify simple ways to address or reduce those risks, the failure to take appropriate action can constitute negligence. Ignoring spills or delaying repairs when a roof leaks or equipment produces condensation that puddles on the floor could constitute negligence and might make a business vulnerable to premises liability claims brought by injured visitors. The injured party may have grounds for a premises liability lawsuit. They can request compensation for their medical expenses, property damage losses and other economic setbacks directly related to the unsafe property conditions. Reporting a slip-and-fall, documenting unsafe property conditions with a mobile phone and consulting with an attorney are all valuable steps for people to take when they get hurt due to improper facility maintenance. If cleaning or repairs could have prevented a slip-and-fall, a business or property owner may be liable for the injuries people sustained due to their inadequate facility maintenance.  ]]>