Mitchener Law FirmMitchener Law Firm2024-03-15T20:35:13Zhttps://www.mitchenerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302059/2021/03/cropped-Mitchener_Law_Firm_site_icon-32x32.jpgOn Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=478112024-03-15T20:35:13Z2024-03-15T20:35:13ZGive cyclists ample space
In 2022, the U.S. experienced 42,795 motor vehicle accident deaths, and one contributing factor was not providing adequate space between vehicles. This is even more dangerous when you drive with cyclists on the road.
Therefore, allow at least three feet of clearance between your vehicle and the cyclist because they may swerve around impediments on the road. You do not want to accidentally clip them with your side mirror or force them off the road.
Be mindful of blind spots
Cyclists can easily disappear into blind spots, especially for larger vehicles like trucks and buses. Always check your blind spots before changing lanes or making a turn. Take a moment to ensure the coast is clear.
Avoid distracted driving
Distracted driving is a leading cause of accidents involving cyclists. Distractions can take your focus off the road and lead to disastrous consequences. A split-second distraction could result in a collision with a cyclist.
Signal your turns
Communicate your intentions to safely share the road with cyclists. Always use your turn signals well in advance to alert cyclists and other drivers of your next move. This gives cyclists time to react and adjust their position accordingly.
Respect bike lanes
Bike lanes provide cyclists with a safe space to ride away from traffic. Blocking bike lanes forces cyclists to merge into traffic, increasing the likelihood of accidents. Always yield to cyclists when crossing bike lanes.
Sharing the road with cyclists requires patience and understanding. Cyclists may not always travel at the same speed as motor vehicles, so adopt courteous driving behavior.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=478052024-03-06T10:02:46Z2024-03-06T10:02:46ZWhy semi-truck crashes cause more damage
Any collision involving a heavy vehicle, high speeds and tremendous force may cause serious damage. In the case of semi-truck collisions, the impact may trap a person in or under their vehicle, immediately crushing a limb or requiring amputation at the scene. However, traumatic amputations may come with a high risk of infections and a dangerous amount of blood loss.
Some severe injuries may lead to amputation
Not all amputation occurs upon impact. Victims who sustain crushing injuries or complex fractures may require surgical amputation if their doctor believes that standard treatment is not enough to preserve their health.
Although this may save their life, surgical amputations may still result in considerable functional limitations and lasting health conditions, such as chronic pain and phantom limb sensations. Adjusting to daily life afterward can be especially difficult.
Pursuing compensation after a semi-truck accident
Individuals who experience amputation or limb loss after a crash should approach compensation negotiations with caution. The lifetime expenses of such injuries may exceed what insurance policies can cover. However, they still have options. If the collision was due to someone else’s negligent actions, the victim may pursue legal action to recover medical expenses and other damages.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=478022024-02-22T13:48:05Z2024-02-22T13:48:05ZMedical costs
The most immediate concern is usually the cost of medical treatment. The compensation from a premises liability case can pay for healthcare services, emergency room visits and even ongoing physical therapy. These costs are typically verifiable through bills and receipts, making them straightforward to claim.
Lost wages
If your injury has kept you from working, you can claim compensation for lost wages. This includes the income you've missed out on and, in some cases, the loss of future earning capacity if your injury leads to long-term disability. You can use employment records and professional testimony to prove your losses.
Pain and suffering
Pain and suffering compensation is more subjective but no less important. It addresses the physical and emotional distress caused by your injury. While harder to quantify, the severity of the injury and its impact on your lifestyle play a significant role in determining this amount.
Punitive damages
In cases of gross negligence, a court may award you punitive damages. Punitive damages aren’t related to your losses. Instead, they’re meant to punish the negligent party and deter similar behavior. North Carolina law caps punitive damages at three times the amount of compensatory damages or $250,000, whichever is greater.
Taking note of comparative fault
It’s important to remember that North Carolina follows the contributory negligence rule. This means that plaintiffs can’t recover compensation for their injuries if they’re even slightly at fault for their injuries. Exceptions may exist, however. If you think you have a premises liability case on your hands but are unsure about your level of fault, a legal professional may be able to advise you.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=478012024-02-08T10:21:40Z2024-02-08T10:21:40ZCompensation courts can award
When families of wrongful death victims successfully make their claim, the courts usually award compensation for medical expenses, funeral costs and pain and suffering—all of which are generally applicable in most wrongful death cases.
However, if a claim proves that the deceased was a primary income provider for their household, the court may consider awarding additional types of damages, such as the following:
Loss of income: The victim’s surviving family may claim the loss of the victim's future earnings, which would have supported the family if the incident had not happened. This may include not only the salary at the time of death but also any expected future raises, bonuses and benefits.
Loss of benefits: In some cases, the family may also lose out on the benefits the deceased provided during their lifetime, such as health insurance, pension plans and retirement income. Hence, the courts may consider this during their determination.
Ultimately, the courts will base what type of damages a family can recover on the unique facts and circumstances of each wrongful death case.
Securing stability for the victim's family
The emotional and financial consequences of a loved one’s death last for years. Nevertheless, while no amount of compensation can ever replace the loss of a loved one, receiving damages to support a wrongful death victim’s surviving family can help them move forward and secure their financial future.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=477752024-01-29T10:11:41Z2024-01-29T10:11:41Zoccupants of other vehicles on the road are more likely to die in an accident involving a large truck than the occupants of the truck itself. The disproportionate size of the truck versus an SUV or sedan can explain this likelihood.
The immediate victims of a truck accident
First and foremost, the direct victims of truck accidents are the drivers and passengers of the other vehicles involved in the accident. When a commercial truck, often weighing 20-30 times more than a passenger car, crashes into a smaller vehicle, the laws of physics are not in favor of the latter. The immediate victims of truck accidents could suffer from the following:
Severe injuries: Ranging from broken bones and lacerations to life-altering spinal cord or brain injuries
Emotional trauma: Accompanying the physical injuries and can manifest as post-traumatic stress disorder (PTSD), anxiety or depression
Financial strain: Including medical bills, rehabilitation costs and potential loss of income during recovery
Each of these repercussions can turn a person’s life upside down, leaving them to navigate a new reality that may include chronic pain or disability. However, they are not the only ones affected by the accident.
The effect on their families
The aftermath of a truck accident does not stop with the individuals in the other vehicles because they also have family members and loved ones. The ripple effect extends to their families, who find themselves forced into roles they are unprepared for. The families of truck accident victims must cope with the following:
The loss of companionship and support or changes in relationship dynamics due to the stress and demands of recovery
Financial hardship, especially if the victim was the primary breadwinner and can no longer work
The emotional burden of caring for a loved one with new and extensive needs
These challenges can strain any family immensely and push the limits of emotional and financial resilience. When truck accidents lead to severe injuries and even wrongful death, the surviving loved ones and family members suffer the most.
It is not just about the immediate physical damage but the enduring toll these accidents take. Those who have suffered due to the catastrophic damages caused by truck accidents have all the right to seek financial relief and get the compensation they need.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=477742024-01-16T14:42:35Z2024-01-16T14:39:42ZThink before you sign
North Carolina is one of the few states with a strict contributory negligence law that bars recovery if the victim is partially at fault. This rule means that even if you are only 1% liable, you still cannot receive financial relief for your injuries and losses.
So, to protect their profit, insurers do everything they can to prove that you bear a percentage of fault for the collision. They may request you to sign a medical authorization form only to turn the case in their favor by:
Using medical history dating back from birth to show that injuries, illnesses or complications result from your pre-existing health conditions instead of the accident.
Using doctor’s notes to find loopholes or contradictions in your statements to cast doubt on your integrity or devalue your claim, without considering that it is normal for symptoms to take time to manifest.
Using doctor’s appointments to demonstrate that the frequency of your visits dictates how your physical well-being is already at risk even before the crash occurred.
The state upholds the confidentiality of patient information. So, you do not have to give up your privacy for your claim. Instead, before signing any document, seek legal guidance to learn your options.
Do not submit any document without legal supervision
The insurance company still needs a copy of your medical records relevant to the case, but not your entire medical background. You can benefit from working with a legal team to coordinate the insurer’s required paperwork and walk you through what you need to submit. Doing so can prevent the insurer from limiting their payouts at your expense.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=477732024-01-11T17:06:20Z2024-01-15T17:06:14ZPools and water features
One of the most obvious and alluring attractive nuisances is a swimming pool or any water feature. The gleaming water and the promise of a refreshing dip can be irresistible to children.
4,000 Americans die because of unintentional drownings every year. Unsecured pools can lead to serious accidents for people of any age, making it important for owners to install proper barriers and safety measures.
Abandoned structures and machinery
Old buildings, abandoned cars or unused machinery may hold a certain allure for adventurous children. Exploring these structures is exciting, but it also poses significant risks. Decaying structures may collapse, and machinery might have sharp edges or moving parts that can cause harm.
Construction sites
Construction sites, with their towering cranes and heavy machinery, can be fascinating for young and curious minds. However, the allure of these sites comes with considerable dangers. Unattended construction sites may lack proper safety measures, making them hazardous for children.
Understanding the risks associated with attractive nuisances is important for fostering a safe environment for children. Property owners should make sure that the charm of certain elements does not compromise the well-being of the youngest members of society.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=477722024-01-05T15:42:57Z2024-01-05T15:42:57ZUnderstanding vicarious liability
Injured parties often sue the person who directly harmed them. But per the vicarious liability principle, they can also go after who is in control of the negligent individual. In this context, the business owner must also answer to their security guard’s negligence.
The security guard may have left their post or slept on duty when a threat or attack occurred. In some cases, the security guard may have worsened a situation they were supposed to resolve.
Regardless of a victim’s reasons to pursue a claim, property owners may be vicariously liable if:
The security guard was on duty or acting within the scope of their role when the incident happened
The security guard directly caused the victim’s injuries while performing their job
The employer benefits from the security guard’s job performance that eventually caused the unfortunate event
Claimants may argue that property owners must have done due diligence to check if a potential candidate is someone skilled to address various scenarios without excessive force. Also, victims may contend that property owners must have been aware of foreseeable risks yet failed to prevent them.
Seeking compensation through vicarious liability
Victims must not pay for someone else’s negligence. So, they can fight back and gather proof to establish their claim. However, proving vicarious liability also requires a thorough grasp of the law. Victims can benefit from a North Carolina legal team to guide them through their options and pursue damages.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=477712023-12-20T20:02:44Z2023-12-20T20:02:44ZNorth Carolina’s Good Samaritan law
What if something goes wrong because of your help? North Carolina’s Good Samaritan law protects those who provide assistance to a car crash victim from facing liability. In other words, the victims cannot sue you for damages unless they can prove wanton conduct or intentional wrongdoing.
How can you help?
Sadly, many Good Samaritans end up becoming victims of theft, scams or dangerous accidents while trying to help. Busy roads or nighttime makes pulling over even riskier.
Of course, there are people who genuinely need aid. If you see someone, take a moment to assess the surroundings before exiting your vehicle. Don’t do anything that may endanger you.
If you’re unsure about the situation, park a safe distance away from the scene and call the police. Emergency responders are equipped to redirect traffic from the area and move any injured parties.
Otherwise, you can approach carefully to check if anyone is hurt. It is not advisable to provide first aid yourself as it might worsen their condition. Instead, you may comfort the victim by talking to keep them conscious and reassuring them that help is on the way.
If you're the sole witness, you can choose to wait until the police arrive and provide your statement. This can help the victim with their claim later on.
Don’t let your guard down
While it is not your responsibility to stop if you did not cause the accident, seeing a person in need can tug at your heartstrings. It may seem cynical, but practicing caution before offering assistance is crucial for you and their safety. If you get into a car accident yourself, a lawyer can guide you through your next steps.]]>On Behalf of Mitchener Law Firmhttps://www.mitchenerlaw.com/?p=477582023-12-12T08:09:34Z2023-12-12T08:09:34Zpersonal representative or collectors can file a wrongful death claim.
Why a wrongful death claim?
A wrongful death is a civil lawsuit that enables surviving loved ones to seek compensation for their loss and retrieve a sense of justice. The personal representative who files the claim can be a close family member or the named executor in the will. Because it is not a criminal suit, the burden of proof is much lower; thus, it will be easier to recover damages. Here are the types of damages the claimant can recover:
Medical expenses incurred from the accident
Burial expenses
Funeral expenses
Compensation for the pain and suffering the victim experienced before death
Income loss due to the death
Compensation for the care, protection, services and assistance provided by the deceased
Loss of companionship, comfort, guidance, and society from the deceased
It is a matter of holding the driver liable for their negligence or wrongful actions, not necessarily about punishing them. Although, one unique aspect of North Carolina’s wrongful death laws is the potential to sue for punitive damages.
Understanding punitive damages
Should the driver's actions be deliberately harmful or display a blatant disregard for safety, the claimant may be able to obtain punitive damages. The court's assignment of punitive damages serves to reprimand the driver and deter similar conduct in the future.
Though no lawsuit can truly compensate for the loss of a loved one, filing a wrongful death claim can offer some financial alleviation and hold the driver accountable for their actions.]]>