Mitchener Law Firm Mitchener Law Firm 2026-06-12T00:36:00Z 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[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.  ]]> On Behalf of Mitchener Law Firm <![CDATA[What happens when a faulty elevator leads to a fatality?]]> https://www.mitchenerlaw.com/?p=47987 2026-05-20T01:44:56Z 2026-05-20T01:44:56Z Elevators are expected to operate safely in apartment buildings, hotels, office complexes and other commercial properties. When maintenance problems or mechanical failures are ignored, however, elevator accidents can lead to devastating injuries and fatalities. After a fatal elevator incident, investigators often examine whether the property owner, maintenance company or another responsible party failed to address dangerous conditions. If negligence contributed to the death, surviving family members may have grounds to pursue a wrongful death claim via premises liability laws. 

Property owners and managers have safety obligations 

Property owners and building operators generally have a duty to maintain reasonably safe conditions for tenants, visitors and workers. If an elevator malfunction results from poor maintenance, ignored inspections or unsafe repairs, they may face liability for the fatal accident. Investigations commonly focus on maintenance logs, inspection reports, prior complaints and whether the dangerous condition could have been prevented before the incident occurred.

Recoverable damages in a wrongful death claim involving premises liability

A wrongful death claim may allow surviving family members to pursue compensation for both financial and emotional losses resulting from the fatal elevator accident. Potential damages may include:
  • Funeral and burial costs: Families may seek compensation for funeral services, burial expenses, cremation costs and other related end-of-life expenses.
  • Medical bills before death: If the victim received emergency medical treatment or hospitalization before passing away, those healthcare expenses may become part of the claim.
  • Lost financial support: Courts may consider the victim’s income, future earning capacity and financial contributions that surviving family members depended on before the death occurred.
  • Loss of companionship: Spouses, children and close family members may pursue compensation related to the emotional loss of a loved one’s guidance, care and companionship.
  • Pain and suffering before death: In some cases, damages may also include compensation connected to the physical pain or emotional suffering experienced by the victim before death.
Fatal elevator accidents often leave families dealing with grief, financial strain and uncertainty about what caused the tragedy. Because wrongful death claims involving premises liability may require extensive investigation into maintenance failures and building safety issues, seeking legal guidance may help surviving relatives better understand their rights and possible legal options after a fatal accident.]]> On Behalf of Mitchener Law Firm <![CDATA[What senior motorcyclists can do to help stay safe]]> https://www.mitchenerlaw.com/?p=47985 2026-05-04T14:02:19Z 2026-05-04T14:02:19Z Motorcyclists come in all shapes, sizes, genders and ages. While people typically think of motorcyclists as younger people, the median age for riders in the U.S. is 50. Moreover, some 39% of those who own motorcycles are in their 50s and 60s. Some seniors who ride have been doing so for many decades. Others may have given it up when they were busy building a career and raising a family, only to get back on the bike in retirement. Just as with driving a car, there’s no specific age at which someone is required to give up the keys. As long as a person can operate their motorcycle safely, they can continue to do so well into their senior years. Older riders, however, need to take added precautions that younger riders generally don’t. Let’s look at a few.

Staying in shape

Riding a motorcycle takes more physical strength and stamina than sitting behind the wheel of a car. Strength training helps, as does keeping as limber as possible with regular stretching exercise – including before and after a ride.

Finding the right bike

Older motorcyclists generally find smaller, lighter bikes easier to maneuver. It’s important to have a bike that you can pick up if it falls over. Getting a bike that makes it easier to sit up straight and reach the controls on the handlebars is critical to safety and comfort. These bikes might not go as fast as others, but older bikers shouldn’t be racing anyway.

Practice and safety courses

Those who haven’t ridden for years or who put their bikes away for the winter can benefit from a Motorcycle Safety Foundation (MSF) or other course. They come in everything from basic to advanced.

Be aware of increasing limitations

Just as with driving, senior motorcyclists often find that they need to accept limitations as they age. That may mean not riding at night, not going long distances, staying off busy roads and maybe not riding alone. Motorcyclists tend to get blamed for crashes that weren’t their fault simply because they have a reputation for taking risks and not obeying the law. Older motorcyclists have the added disadvantage of people thinking they’re too old to ride. If you’ve been injured in a motorcycle crash caused by someone else, you shouldn’t have to fight for compensation because you’re being unfairly blamed. Getting legal guidance as soon as possible can make all the difference in protecting your rights and getting a fair outcome.  ]]> On Behalf of Mitchener Law Firm <![CDATA[A driver can be distracted even without a hand-held phone]]> https://www.mitchenerlaw.com/?p=47984 2026-04-29T02:26:50Z 2026-04-29T02:26:50Z Attending to pets or passengers The woman in the other vehicle seemed more upset about whether her dog was injured than whether you were. Consider whether her focus on her pet was perhaps the cause of the collision. One study found that 91% of those who drove with dogs said they interacted with them while driving. If she leant over to stroke it, feed it a treat or retrieve the toy it had dropped, then that might have been all it took. If the driver had young children in their vehicle, then there is no end to the possible demands their kids might have placed on their attention. Even adults can be distracting.

Eating or drinking as they go

Some people only eat at meal times while sitting at a table. Others take advantage of any time they have available, including while driving.  Handling food or drink reduces a person’s ability to drive safely, as it demands at least one hand plus a portion of their attention. There are many other possible explanations that could explain how someone was distracted without using their phone. With legal guidance to explore more, you can improve your chances of getting any compensation you are due.]]> On Behalf of Mitchener Law Firm <![CDATA[Hit by a car while walking? Five signs you have a valid legal claim.]]> https://www.mitchenerlaw.com/?p=47983 2026-04-27T20:12:47Z 2026-04-27T20:12:47Z headed to work or simply trying to get some exercise, a walk across town often feels routine. Unfortunately, a split second can change everything. One minute you are stepping into the crosswalk and the next you find yourself looking up at the sky and wondering how you got there.  Pedestrian accidents are more than just shocking, they are often avoidable. As such, victims of these accidents may have a legal claim to help hold the driver financially accountable for the costs that result from the crash.  But how do you know if you should move forward with legal action? The following will discuss five signs that often signal the need to file that claim and take legal action to hold the driver responsible for the cost of their mistake.  

1) A driver violated a traffic rule

Drivers must yield at crosswalks and obey signals. The law requires they follow speed limits. As such, a citation for speeding, failure to yield, distracted driving or impairment strengthens a claim. North Carolina, like most states, requires drivers to stop after an accident like this. If the driver did not, they can face additional repercussions. 

2) You used a crosswalk or had the right of way

Right of way matters. Pedestrians who are in a marked crosswalk, obeying a walk signal or otherwise at a protected intersection are taking actions to better ensure their safety. These facts support liability.  If this is the case, it can help to take photos of lane markings and note signal timing. Check to see if there are nearby cameras and see if they have any footage from the accident. These details can help you to prove the story.

3) You suffered injuries that required medical care

Legal claims are important if there are significant financial costs that result from the accident. If you need emergency treatment or urgent care and require additional physical therapy you will likely have high costs associated with treatment. Although surgery is a relatively clear signal of high cost, even soft-tissue injuries can warrant action. Treatment for a traumatic brain injury, for example, can quickly become very expensive. Keep copies of medical records to connect the crash to the harm.

4) You lost income or work capacity

Time away from work is a form of financial damage. This can include missed weeks, days or even a need to reduce hours. In some cases, lost contracts or missed deadlines can also qualify. Documentation to build this argument can include copies of pay stubs, employer letters and records from your work calendar. A claim can also include future limits on earning ability.

5) Evidence exists beyond your memory

Strong claims rely on proof. Testimony from witnesses, security or dash cam footage as well as photos of the scene and injuries can help to establish the severity of the accident.

What to do next

Those considering moving forward with legal action are wise to begin to gather documents to help support your case. It is often advantageous to seek legal counsel with experience in these cases. Counsel can review your case and provide guidance on the best course of action.  Pedestrian accidents can leave you dealing with pain, expenses, and uncertainty — but you do not have to guess whether the driver should be held accountable. If a driver broke a traffic rule, you had the right of way, you needed medical treatment, you missed work, or there is evidence beyond your own recollection, those are strong indicators you may have a valid legal claim. Focus first on your health, then preserve whatever documentation and proof you can. An experienced attorney can evaluate the facts, explain your options, and help you pursue compensation for the full impact of the crash.]]> On Behalf of Mitchener Law Firm <![CDATA[How contributory negligence can affect your car crash claim?]]> https://www.mitchenerlaw.com/?p=47980 2026-03-27T14:15:11Z 2026-03-27T14:05:03Z you have been in a car crash in North Carolina, you may feel surprised to learn that even a small mistake could affect your ability to recover damages. North Carolina follows a strict contributory negligence rule, so understanding how it works may help you prepare for challenges after a collision.

What contributory negligence means for you?

According to North Carolina law, contributory negligence means that if you share any fault for a crash, even a small amount, you may not recover compensation. Many people find this rule harsh because it does not weigh degrees of fault. As a result, insurers often look for ways to argue that you contributed to the crash. For example, another driver might rear end you at a stoplight but point to a broken taillight as a contributing factor. In intersection crashes, someone might claim you rolled through a stop sign or drove slightly over the speed limit. These details may seem minor, yet they could still affect your claim.

How insurers look for shared faults?

Insurance adjusters often review every detail when contributory negligence might apply. They may try to identify small actions that could shift part of the blame onto you. For instance, they may review:
  • Skid marks or vehicle positions that suggest improper braking
  • Traffic camera or dashcam footage that shows a rolling stop
  • Vehicle condition, such as broken lights or worn tires
Because of this approach, careful documentation may help support your version of events.

What evidence may support your position?

Strong evidence may help counter claims that you contributed to the crash. You might consider gathering:
  • Witness statements that describe your cautious driving
  • Photos that show road conditions or another driver’s actions
  • Repair records that reflect proper vehicle maintenance
Even small details could help reduce arguments about shared fault.

Details matter in North Carolina injury claims

North Carolina’s contributory negligence rule can make car accident claims more complex than many people expect. Even so, paying attention to details and collecting evidence early may help protect your ability to recover damages. A careful and informed approach could make a meaningful difference as you move forward.]]> On Behalf of Mitchener Law Firm <![CDATA[How insurance affects wrongful death claims in North Carolina]]> https://www.mitchenerlaw.com/?p=47979 2026-03-18T12:17:02Z 2026-03-18T12:17:02Z Losing a loved one is painful. It can feel even harder when someone else’s actions may have caused their death. In these times, insurance often plays a big role in seeking compensation. Knowing how coverage, limits and claims work in North Carolina can make the process easier. It also helps protect your family’s future.

Insurance as the first line of recovery

In North Carolina, the at-fault person’s insurance is usually the first place to look for compensation. This could include auto liability, homeowner, business liability or professional malpractice insurance. Although each type works differently, all can help cover funeral costs, lost income and other damages. However, remember that insurance policies have limits. This can determine how much the insurance company pays. If damages go over those limits, underinsured coverage or extra policies may provide more protection. Now, having an attorney can help find all possible sources of insurance. They can also make sure your claim uses every available coverage. Knowing this step first helps you deal with insurance companies more confidently.

Spotting common insurance hurdles

Insurance companies often try to limit what they pay. They may ask for many documents, challenge who is at fault or offer settlements that do not cover all losses. Some common hurdles families face include:
  • Adjusters requesting repeated documentation that slows the claim
  • Disputes over whether the deceased had any responsibility
  • Low settlement offers that do not cover all damages
Seeing these patterns early helps you respond better. Notifying all relevant policies and working with the estate’s personal representative ensures every available coverage is considered.

Keeping your family protected

Dealing with insurance after a wrongful death can be complicated. Each policy and liability claim for death can affect what your family receives. Paying attention to details helps make the process clearer.  With careful steps, you can move forward with more confidence. This can also bring a sense of closure, knowing your loved one’s life is respected.]]> On Behalf of Mitchener Law Firm <![CDATA[What Charlotte commuters should know after a rear-end crash]]> https://www.mitchenerlaw.com/?p=47978 2026-03-16T15:41:43Z 2026-03-16T15:41:43Z Charlotte sees tens of thousands of traffic crashes every year, and commuters are among the most exposed. With so many drivers on the road each day, rear-end collisions are especially common. If someone hits you from behind, knowing what to do next can make a real difference in how your case unfolds.

Check for injuries first

Your immediate priority is the safety of everyone in the vehicle. Even if a crash feels minor, injuries like whiplash often take hours or days to appear. Call 911 right away if anyone is hurt. A police report creates an official record of what happened, and that record can be critical if you file a claim later.

Document the scene

Before police arrive, start building your record of the crash. Photograph both vehicles from multiple angles, capturing damage, skid marks and the surrounding road conditions. Exchange insurance and license plate information with the other driver, and make note of exactly where and when the collision occurred. Any bystanders who saw what happened are worth approaching for their contact details.

Seek medical attention promptly

See a doctor as soon as possible, even if you feel fine. Rear-end crashes frequently cause soft tissue injuries that take time to surface. Waiting too long gives insurance companies grounds to question whether the crash caused your injuries at all. A same-day or next-day medical visit creates a timeline that is much harder to dispute.

Understand how fault works in North Carolina

North Carolina is one of the few states that still uses a contributory negligence rule, and it is one of the strictest liability standards in the country. Under this rule, any finding that you shared blame for the crash, even a small amount, can eliminate your ability to recover damages. One exception is the "Last Clear Chance" doctrine, which may still allow recovery if the other driver had the final opportunity to avoid the collision. Rear-end collisions typically point to the trailing driver, but that does not stop insurers from looking for reasons to shift responsibility, especially if brake lights were out or you stopped abruptly. Knowing how car accident claims work can help you push back on those tactics.

After the crash, act quickly

Insurance companies move fast after a collision, sometimes with a settlement offer before you fully understand your injuries. Before agreeing to anything, make sure you have a clear picture of your medical costs, lost income and long-term effects. North Carolina gives most personal injury claimants three years from the date of the crash to file a lawsuit, but building a strong case takes time. In a contributory negligence state, even small gaps in your documentation can give insurers the leverage they need to challenge your claim.]]> On Behalf of Mitchener Law Firm <![CDATA[2 common mistakes when filing a bicycle accident claim]]> https://www.mitchenerlaw.com/?p=47976 2026-02-24T08:44:18Z 2026-02-24T08:44:18Z Not documenting the accident and evidence early When you prepare a claim days or weeks after a crash, you may rely on records to explain what occurred. Without organized documentation, key facts may remain unclear. You may consider gathering and organizing information such as:
  • Photos of vehicle positions, roadway conditions and visible injuries
  • A law enforcement report from responding officers
  • Witness names with contact details
  • Damaged gear with related written communications
North Carolina applies strict contributory negligence rules. Even a small share of fault may affect whether you recover compensation. Clear records may help you address questions about responsibility if they arise later.

Delaying medical attention or poorly tracking injuries

You may not notice every injury right away. Some symptoms can appear hours or days later. When you delay evaluation, gaps in treatment records may create uncertainty about the cause or timing of symptoms. Medical visits can also create documentation that links your condition to the collision. Consider seeking evaluation if you notice new pain or changes in mobility. You may also want to keep copies of visit summaries, prescriptions and billing records. Writing down symptoms as they change may help you describe your recovery in a more complete and organized way.

What to weigh as you evaluate your bicycle accident claim

You may still feel uncertain after a bicycle crash, and that is understandable. North Carolina generally allows about three years from the accident date to file a personal injury lawsuit, so timing may matter as you consider your options. If another party may share responsibility, you could explore a potential accident claim to address losses connected to the incident. Taking time to review your situation and available choices may help you decide what steps feel appropriate next.]]>