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Posts tagged "injury automobile accident"

Study: Self-driving cars will eliminate only a third of crashes

The companies developing self-driving vehicles have long pushed the notion that once their technology has been implemented, motor vehicle crashes will become relics of the past such as phone booths, typewriters and the telegraph. But a new study from the Insurance Institute for Highway Safety (IIHS) says autonomous cars will prevent only a third of all traffic crashes.

Why you should hire a trial lawyer for your injury case

Why do you need a trial lawyer for your serious injury case? On September 13, 2013 I was invited to try a mock personal injury trial to a room of approximately 100 personal injury lawyers from all over North Carolina at the North Carolina Advocates for Justice office in Raleigh. During the trial attorneys from all stages of their practice, young and experienced alike, came forward to discuss how to handle issues in their cases. The experience was very uplifting and emotional for me as attorneys whom I have idolized, one I have known and admired since long before I became a lawyer, approached me to ask advice about how to protect their clients. Nothing builds your ego like a college asking your advice. Nothing destroys your ego like not having a good answer for that attorney. This fraternity of attorneys who try their client's cases to juries and invest emotionally and financially in their clients is a rare group. This same group of attorneys shares their collective knowledge on the premise that in helping a college to assist his/her client they raise the tide for all injured persons throughout north Carolina. Why you should hire a trial lawyer. Why hire a "trial" lawyer to assist in your claim? We have earned the title by winning and quite frankly loosing cases on behalf of our injured clients and have learned the true value of cases throughout North Carolina. Often in loosing a case for a deserving client, I have learned how to assist the next client, give better advice about settlement of cases and put my next client in a better position to recover for their injuries. Post settlement the medical bills, liens and costs must be accurately accounted for and properly negotiated to give our clients the best result. Whether you have a social security disability (SSI) claim, workers' compensation injury or a serious injury from an automobile collision - think about hiring a trial lawyer and putting that experience to work for you! Joe Tunstall

Injured by a Driver without a Valid Drivers' License -- Is it even admissible at trial?

When injured by a driver that did not have a valid drivers license is the fact the defendant was not licensed admissible at trial? Meet Joe Tunstall, head of our Personal Injury Section. In Swicegood v. Cooper, 341 N.C. 178 (1995), the NC Supreme Court held that evidence of Plaintiff's poor driving record was admissible to prove contributory negligence by negligent entrustment, denying the in limine motion. In Thompson v. Three Guys Furniture Co., 122 N.C.App. 340 (1996), the court held that the status of an individual's driving credentials generated issues of material fact sufficient to withstand a summary judgment motion in a negligent entrustment action. In Dwyer v. Margano, 128 N.C.App. 122 (1997), the court again held that the status of an individual's driving credentials was a genuine issue of material fact. In this case, the fact that Margano had a up to date foreign driver's license was not sufficient to show that his rental car company should not have trusted him with the car. In Tart v. Martin, 353 N.C. 252 (2000), the NC supreme court wrote that "negligent entrustment is established when the owner of an automobile entrusts its operation to a person whom he knows, or by exercise of due care should have known, to be an incompetent or reckless driver" 353 N.C. at 254 (quoting, Heath v. Kirkman, 240 N.C. 303, 307 (1954)). In all four cases the driver's ability to operate a car, from both a skill and a licensure perspective, were admitted as evidence for a variety of reasons. Whether the fact that a defendant did not have a license appears to be fact specific as to admissibility. The courts appears to have given specific gravity to the reason for the admissibility and what it is being used to prove. Therefore, fair or not, it appears that whether a court allows the defendant's failure to even have a valid driver's license only is admissible if there are other evidence of bad driving in the past. If you have injuries from a car accident and have questions, feel free to visit our website.

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Raleigh Office
8300 Falls of Neuse Road
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Raleigh, NC 27615

Toll Free: 800-755-1987
Phone: 919-277-0150
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