DOES FAILURE TO WEAR A SEAT BELT BAR YOUR INJURY CLAIM?
April 16, 2018
North Carolina is a contributory negligence state, so being even 1% at fault can bar your injury claim. An insurance company may argue that failure to wear a seat belt is negligence that will bar your claim. However, North Carolina General Statute § 20-135.2A(d) states that evidence of failure to wear a seat belt is admissible in Court in a civil action. Thus, although you should ALWAYS buckle up for your own safety, failure to wear a seat belt does not bar your injury claim in North Carolina.
WILL DRIVING WITH A SUSPENDED LICENSE BAR YOUR INJURY CLAIM?
April 9, 2018
Driving with a suspended or revoked license when an automobile accident occurs is against the law and will likely result in you receiving a traffic citation. However, if the accident is not your fault, the fact that your driver's license was suspended or revoked at the time of the collision will not bar recovery for your injury or property damage claims in North Carolina. If the other driver's negligence caused the accident, you are entitled to recover.
HANDS-FREE NOT RISK-FREE
April 2, 2018
According to National Safety Council, “In order to stay safe, you need your eyes on the road, your hands on the wheel, and your mind on driving.”
In a study conducted by Stanford University, a virtual simulator was populated with hazards such as pedestrians, bicyclists and animals darting out into the road. The study involved 30 drivers--15 of whom used hand-held cell phones and 15 of whom were allowed to talk hands-free.
Of the drivers in the simulation using handheld cell phones, 1 passed, 5 drove into oncoming traffic and 9 crashed. Of the 15 drivers talking hands-free, 1 passed, 6 drove into oncoming traffic and 8 crashed.
What this study showed is that there is virtually no safety difference in talking on the phone hands-free versus using a hand-held cell phone while driving. According to the National Safety Council, “Drivers talking on a cell phone can overlook up to 50% of what’s around them, and activity in the area of the brain that processes moving images is reduced by up to 1/3 when talking or listening to the phone while driving.
CONSEQUENCES OF FAILURE TO REPORT AN ACCIDENT
March 25, 2018
NCGS § 20-166.1 requires parties involved in an accident to “immediately” report it to the appropriate law enforcement agency whenever there is injury, death or more than $1,000 in property damage. Failure to do so is a misdemeanor which can subject you to criminal penalties and driver’s license suspension.
In cases involving “hit-and-run” drivers whose identity is not known, NCGS § 20-279.21(b)(3)(b) states “the insured, or someone in his behalf, shall report the accident within 24 hours or as soon thereafter as may be practicable, to a police officer.” Your auto policy also requires you to promptly notify both the police and your insurance company if you have been involved in an accident with a hit-and-run driver. In Hoffman v. Great American Alliance Insurance Company, COA03-947 (2004), the plaintiff’s claim for uninsured motorist benefits under his policy was denied for failure to comply with the reporting requirements of the North Carolina General Statutes and his insurance policy.
You should always report a motor vehicle accident to the police. Don’t simply “exchange insurance information.” At-fault drivers often tell their insurance company a different version of how the accident occurred if no report was made, and your claim may be denied. Protect yourself by making a police report.
CHOOSING THE RIGHT PERSONAL INJURY ATTORNEY
March 18, 2018
Here are some tips:
1. Hire an experienced personal injury lawyer. Personal injury laws can you very complex. Make sure you hire an attorney who knows what he or she is doing.
2. Hire an attorney who offers free initial consultations. This gives you an opportunity to get to know your attorney, and it gives your attorney an opportunity to evaluate your case.
3. Ask questions before you hire an attorney. Learn what to expect and possible outcomes. Find out about the claims process. Find out if the lawyer is willing to handle your personal injury case on a contingent fee basis. It's a good idea to write down any questions you might have before your appointment, so you won't forget to ask.
4. Choose a lawyer who makes you feel comfortable and well-represented. A good lawyer will listen to you and make you feel confident that he is representing your interests and not those of insurance company.
DRIVING WITH ANIMALS IN YOUR LAP
REPLACING YOUR CHILD'S CAR SEAT AFTER AN ACCIDENT
The National Highway Traffic Safety Administration (NHTSA) recommends that you replace your child's car seat after a moderate to severe impact accident. If an accident is severe enough to bend your car's steel frame, it can certainly damage the plastic in your child's car seat--even if can't see any damage with the naked eye. Most insurance companies will cover the cost of replacement after an accident without question.
GET EYEWITNESS INFORMATION
February 7, 2018
After an automobile accident, get contact information for all witnesses. Encourage them to remain at the scene until police arrive and obtain their contact information as well. If an at-fault driver runs a stop light, he may not tell the truth for fear of getting a traffic ticket or having his premiums rise. Eyewitness testimony can be crucial in persuading the at-fault driver's insurance company to accept responsibility for your damages.
The National Highway Traffic Safety Administration has developed an online search tool where drivers can find out if their car has been recalled and why. To find out if your car has been recalled or to sign up for notifications about future recalls, visit www.safercar.gov or call (888)327-4236. Recalls can help keep you and your loved ones safe on the road.
Uninsured and Underinsured Motorist
June 19, 2017
One out of every seven drivers on the road is uninsured. Protect yourself, your passengers and resident family members by purchasing uninsured and underinsured motorist coverage today.
Mandatory Backup Cameras Required by May 1, 2018
December 17, 2016
The National Highway Traffic Safety Administration (NHTSA) will require all vehicles under 10,000 pounds manufactured on or after May 1, 2018 to include backup cameras as standard equipment. According to the NHTSA, an average of 210 people die every year as a result of backup accidents. Of those, 31 percent are children ages 5 and younger. Vehicles will be required to have rear visibility technology as of May 1, 2018 to ensure that drivers have a clear view of the area behind their vehicle in the hopes that this will reduce the number of deaths that occur annually in backup accidents. At Quinn Law Firm, PLLC, we applaud this dedication to increase the safety of both drivers and pedestrians!
Pedestrians, Bicyclists or Motorists: Who Has the Right-of-Way?
August 22, 2015
When not using a marked or unmarked crosswalk at an intersection, pedestrians must yield the right-of-way when crossing the road. When a sidewalk is available, pedestrians must use the sidewalk instead of walking on the road. When sidewalks are not available, pedestrians walking along or on the highway should walk on the extreme left of the road or shoulder facing traffic and must yield the right-of-way to traffic.
Unlike pedestrians walking outside of crosswalks, pedestrians in crosswalks do have the right-of-way at marked and unmarked crosswalks in residential and business areas except where there is a traffic or pedestrian signal. Also, whenever any vehicle is stopped at an intersection crosswalk to permit a pedestrian to cross, any other motorist or bicyclist approaching from the rear is not permitted to overtake and pass the stopped vehicle.
When riding a bicycle on a road, the bicyclist must ride in the same direction as other traffic. Also, the bicyclist must travel in the right-hand lane and should ride as close as practicable to the right-hand edge of the highway. Exceptions to this law are provided when the bicyclist is:
• Passing another vehicle traveling in the same direction
• Avoiding a dangerous obstruction
• Riding on a one-way street
• Preparing to make a left turn
At intersections, both motorists and bicyclists must yield the right-of-way to pedestrians and other traffic when making a right turn on red.
Being struck as a pedestrian or while riding a bicycle can cause catastrophic injuries and even death. If this happens to you or a family member, call Quinn Law Firm to help recover the compensation to which you or your family member is entitled.
GRACO Recalls 3.7 Million Car Seats:
Is Your Child's Car Seat Safe?
March 6, 2014
Car seat safety is of the utmost importance for parents. If you’re involved in an automobile accident, your children could be severely injured if not properly restrained. If you’re unsure whether or not your car seat is safe, you can go to one of the National Highway Traffic Safety Administration's inspection stations and have your child's car seat inspected for free. Nothing is more important than the safety of our children!
You Are Entitled to Claim Lost Wages Even if You are Paid by Your Employer!
November 1, 2013
If you are unable to work due to injuries sustained in an automobile accident or if you lose time from work for doctor's appointments, you are entitled to compensation for the time you missed from work even if you've already been paid by your employer. You may receive sick leave benefits or use vacation time. However, those are your benefits, and evidence of those benefits is not admissible in Court. If you lose a vacation day, you have suffered a loss. Being paid by your employer for missing time from work because of the pain you are suffering from an automobile accident does not make up for the vacation time you could have spent with your family. Your time is valuable.
Let us help you recover compensation for the time you missed from work and for the other damages to which you are entitled! Call Quinn Law Firm, PLLC today!
August 30, 2013
Dog bite victims may be able to recover compensation for their injuries from irresponsible dog owners under several legal theories. Under one theory, there may be liability for violation of a safety statute, ordinance or regulation. For example, when a dog owner ignores a leash law and simply lets his dog roam the neighborhood, that person could be held accountable for making such a foolish choice.
In North Carolina, dog owners are also generally held liable under basic negligence principles if they knew or should have known that their dog had vicious propensities or was dangerous and failed to take adequate precautions for the protection of others.
Also, if the dog has previously bitten anyone or been declared dangerous by the authorities, then the owner becomes responsible under the theory of strictly liable for any future bites. Homeowner's or renter's insurance may provide coverage for the negligence of their insured which results in a dog bite. If you or a family member has been bitten by a dog, call Quinn Law Firm, PLLC today!