contributory negligence

Overcorrection Leads To Deadly North Carolina Car Crash

May 22, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “If I am injured in a car accident or at work what should I do?”

One person has been charged and another is person is dead after a terrible two-car crash in North Carolina took place earlier this month as a group of friends were heading to a neighborhood cookout. The accident left 22-year-old Jatara Moore dead and six others seriously injured.

Police say the crash happened just before 10 p.m. on Highway 601 in Salisbury, North Carolina. Authorities believe that the two cars involved in the crash were heading in opposite directions when one of the vehicles carrying five people lost control and veered off the road.

The driver of the car that eventually lost control overcorrected and ended up sliding across the road, leading the driver of the oncoming car to smash into the side of the skidding vehicle. Moore was a passenger in the skidding vehicle and her side of the car absorbed the brunt of the impact of the crash. The other car involved in the accident had two occupants at the time it T-boned the out-of-control car.

Emergency responders arrived at the accident scene quickly and found Moore dead, having suffered catastrophic injuries. The driver of her vehicle, a 19-year-old, is being charged with misdemeanor death by vehicle, according to officials with the North Carolina Highway Patrol.

Deadly Tractor-Trailer Accident Leaves Young Woman Dead

May 20, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

A North Carolina woman is dead after being hit by a tractor-trailer on I-95 this holiday weekend. Authorities with the Virginia State Patrol say the deadly crash took place in Prince George County, just outside Richmond.

According to police officers, the crash took place late last week at 4:40 in the afternoon near mile marker 42 on I-95. A tractor-trailer was heading south in the far right lane of the interstate when it drifted off the road and crashed directly into the back of a 2007 Hyundai Elantra. The Hyundai had pulled over on the shoulder of the road due to mechanical troubles.

Officers say that the driver of the car, 24-year-old Rachel Gradia, was sitting in the passenger side of the vehicle when the impact occurred. Emergency responders say that Gradia was thrown from the car due to the force of the collision. The accident also caused the tractor-trailer to jackknife off the side of the interstate.

North Carolina Bicyclists Face High Hurdles After Being Involved In An Accident

May 15, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A recent article by the Carolina Public Press concerned some of the difficulties injured bicyclists have when bringing a personal injury claim against those drivers who were responsible for the collision. The article explains that a combination of factors, including North Carolina’s contributory negligence doctrine and a deeply ingrained bias against bicyclists, contribute to making it difficult for cyclists to successfully sue after being involved in a car accident.

The first thing that makes it hard for bicyclists to bring personal injury cases after a car accident is the negligence system that exists in North Carolina. A handful of states, including North Carolina, use a contributory negligence standard that says that if an injured party is at all responsible for the accident that led to their injuries, then that person will not be able to recover damages in a personal injury lawsuit.

The vast majority of states in the U.S. follow a different doctrine known as comparative negligence, which apportions damages based on the percentage of responsibility of each of the parties. For example, if a bicyclist is found to be even 1 percent at fault for an accident, in comparative negligence states, they will only be able to collect 99 percent of the total damages awarded in the case. In North Carolina, that same cyclist would be barred from collecting any damages.