Mitchener Law Firm Mitchener Law Firm 2026-07-21T16:00:54Z 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[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.  ]]> 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.]]>