Three people were treated for injuries, and a fourth was taken to the hospital after a north Charlotte collision. Police report that a driver ran through a red light just after 1:00 a.m., on the intersection of North Graham and West 28th street. Additionally, a fence was damaged as a result of the accident. All four people who were injured are expected to recover, and no charges have been filed at this time.
Negligence is defined as the failure of one to act as a reasonable person under the circumstances. The elements of negligence include a recognized duty (typically a statutory duty under North Carolina Common Law) to a foreseeable plaintiff, breach of that duty, causation (legal and actual), and the act or omission must result in damages.
One who is injured by the negligence of another is entitled to recover damages for both bodily injury and property damage.
In order to prove negligence, the plaintiff (or person who was harmed by the actions of a defendant) must also prove that the negligence caused the plaintiff’s losses.
In a car accident, if duty, breach, causation, and damages are proven, the injured victim may recover for his or her damages.
According to the Gaston Gazette, a car accident that occurred in Gaston County will result in the driver of the vehicle who caused the accident to be charged with DWI, felony death by motor vehicle, assault with a deadly weapon inflicting serious injury, and assault with serious injury by vehicle. The driver of the vehicle that caused the accident, is said to have been drinking previously. He was driving his vehicle on Dallas-Cherryville Highway and crossed the center line. When the vehicle driven the allegedly intoxicated man crossed the center line completely entering the opposite line of traffic he struck an oncoming vehicle head on. After he hit the first vehicle head on a, third vehicle stuck the initial drivers vehicle which was still in the center of the road. One death resulted from the accident and four others including the suspect received serious injuries.
The driver will surely be charged criminally for the foregoing events; however, the question is ever present as to whether or not he will have to pay restitution to the victims of his crimes. If the victims of a DUI case, who have been injured or killed, intend to bring civil suit, this may result in additional civil fines for the defendant if he is found to have been negligent and responsible for the plaintiff’s injuries. North Carolina adheres to the Contributory Standard for Negligence. Negligence is summed up by “the failure of a person to take the proper care in doing something.” The elements of negligence are a recognized duty, breach of that duty, causation(actual and proximate), and damages.
North Carolina adheres to the Contributory Negligence standard. This means that it is a very high threshold for a plaintiff to prove that a defendant was negligent. This standard applies to cases where plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered. If a pedestrian (for example) contributes to the accident that involves a driver, by J-walking or some other small infraction, and the driver ran a red light, the pedestrian cannot sue the driver for damages because the accident would not have occurred if it were not for the pedestrians own negligence.
A North Carolina man has just been apprehended by the authoritiesand has allegedly been accused of running over his girlfriend with his car after a heated argument. The Sheriff has reported that the defendant was arrested early Friday morning, around 10:30 on bond. He has been accused of killing his 29-year-old girlfriend of over three years.
Not too many details have been released, but we do know that the couple was in a serious argument right before the incident, as reported by eye witness who heard “screaming.” Somehow, both parties ran outside, the defendant jumping in his vehicle, and the victim running on foot. It was there that she was hit by the defendant’s car. The police found the defendant in his vehicle on N.C. Highway 88, where his car had become stuck in the mud.
The North Carolina Wrongful Death Act reads as follows:
§ 28A-18-2. Death by wrongful act of another; recovery not assets.
” (a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefor, the person or corporation that would have been so liable, and or her the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. The personal representative or collector of the decedent who pursues an action under this section may pay from the assets of the estate the reasonable and necessary expenses, not including attorneys’ fees, incurred in pursuing the action. At the termination of the action, any amount recovered shall be applied first to the reimbursement of the estate for the expenses incurred in pursuing the action, then to the payment of attorneys’ fees, and shall then be distributed as provided in this section.
The amount recovered in such action is not liable to be applied as assets, in the payment of debts or devises, except as to burial expenses of the deceased, and reasonable hospital and medical expenses not exceeding four thousand five hundred dollars ($4,500) incident to the injury resulting in death, except that the amount applied for hospital and medical expenses shall not exceed fifty percent (50%) of the amount of damages recovered after deducting attorneys’ fees, but shall be disposed of as provided in the Intestate Succession Act. The limitations on recovery for hospital and medical expenses under this subsection do not apply to subrogation rights exercised pursuant to G.S. 135-45.1. All claims filed for such services shall be approved by the clerk of the superior court and any party adversely affected by any decision of said clerk as to said claim may appeal to the superior court in term time.
(b) Damages recoverable for death by wrongful act include:
(1) Expenses for care, treatment and hospitalization incident to the injury resulting in death;
(2) Compensation for pain and suffering of the decedent;
(3) The reasonable funeral expenses of the decedent;
(4) The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected;
a. Net income of the decedent,
b. Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,
c. Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
(5) Such punitive damages as the decedent could have recovered pursuant to Chapter 1D of the General Statutes had the decedent survived, and punitive damages for wrongfully causing the death of the decedent through malice or willful or wanton conduct, as defined in G.S. 1D-5;
(6) Nominal damages when the jury so finds.
(c) All evidence which reasonably tends to establish any of the elements of damages included in subsection (b), or otherwise reasonably tends to establish the present monetary value of the decedent to the persons entitled to receive the damages recovered, is admissible in an action for damages for death by wrongful act.” N.C. Gen Stat. § 28A-18-2.(2013.)
Accidents happen all the time. Sometimes people are not injured, but sadly, this is not always the case. Other times, incidents that may “appear” as an accident may not be. Whatever the case maybe, you do not have to go at it alone.
A late night accident resulted tragicially for four residents of Charlotte, NC, when they were involved in a multiple vehicle crash that left all of them seriously injured.
According to medics, the four Charlotte residents were taken immediately to the hospital to mitigate the life-threatening injuries sustained. Although multiple vehicles were invloved, medics were unable to provide details on the cause of the accident and the current status of the victims involved.
The accident occurred on Brookshire Boulevard between Ford Road and Interstate 85.
When a car accident occurs, and someone or a group of people are injured, there are some serious implications that may occur. First, the injured have to deal with injuries sustained, and the costs to fix property damage, medical expenses, and pain and suffering. Then, there is the question as to who is at fault for these injuries. Here is where the idiosyncrasies of the law get involved. An attorney will help you figure out the damages to your property and additional damages, and figure out whether there is a potential injury claim. Then, it will be brought before a judge or jury to decide the outcome of the case.
The Charlotte-Mecklenburg Police Department has just released that one person was pronounced dead in a motorcycle/car collision this past Thursday night on Monroe Road.
The driver of the vehicle and the motorcyclist were travelling on Monroe Road, near Dunn Avenue, when the 22-year-old motorcyclists collided with a Toyota Camry at the intersection of the two roads.
It was right past 9:00 p.m., when the deceased defendant sped through the aforementioned intersection. It was there that he essentially “T-boned” the side of the Camry, injuring the driver.
The motorcyclist was pronounced dead on scene at 9:33 pm., when the Charlotte Medics arrived.
The driver of the Camry was transported to Carolina’s Medical Center with only minor injuries, luckily.
The investigation thus far has yielded that speed was certainly a main factor in the crash. The Charlotte-Mecklenburg Police Departments Major Crash Division Unity has not yet said, however, if alcohol was also a contributing matter.
This crash is still being currently investigated, and more details will then follow.
When you are a motorcyclist, it is important to understand that you may be exposed to more inherent dangers on the road. The major issue is that a motorcyclist is more exposed to dangers than vehicles because they do not have a protective structure around them. Further, it is more difficult to see riders.
A two-vehicle car crash took the life of one Charlotte resident when he was driving on Interstate-77, near Fort Mill, South Carolina.
The accident occured Saturday night, around 9:30 p.m.
The resident was barely over the boarder of the two states, when he collided with South Carolina driver.
According to the official reports, the fatality occurred when the Charlotte resident was driving his 1999 Ford F-150. Apparently when the crash occurred, both drivers were wearing their seatbelts.
However, for the victim, the seatbelt was either not secured properly, or faulty in some other manner, because the 51-year-old victim was ejected from his vehicle at the time of the incident.
The other driver involved in the accident walked away unscathed; the same can be said for her passenger as well. They were both reported to of been wearing their seatbelts at the time of the crash.
She was driving a 2000 Toyota sedan. No further details have been released, and the crash is still under investigation.
A resident and commercial truck driver from Lincolnton, North Carolina has recently been charged with a DUI in Claiborne County, Tennessee.
Apparently, the charges were to follow after the man was driving his tractor-trailer on U.S. 25E, when he was not able to keep the truck stable while taking a sharp turn. In the midst of the turn, the tractor-trailer overturned; blocking both lanes of the highway and backing traffic up for several hours.
According to the police reports, the Lincolnton man had to be transported to the hospital immediately. It was there that the police had the man’s blood drawn to establish his intoxication.
There was also a passenger in the tractor-trailer at the time of the accident, but only suffer minor injuries and did not need to be hospitalized like the driver.
The police have since charged the man with a DUI, possession of alcohol in a commercial vehicle and failure to maintain due care of his commercial vehicle.
The laws of Tennessee maybe different, but in the state of North Carolina, a person driving with a commercial driver’s license (for example, a tractor-trailer) can be charged with a DUI (DWI in NC) if his BAC reading is anything over 0.4. This is half the amount as the usual .08. Most importantly, commercial truck drivers are held to a higher standard when it comes to driving while intoxicated.
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e been filed at this time.
weapon inflicting serious injury, and assault with serious injury by vehicle. The driver of the vehicle that caused the accident, is said to have been drinking previously. He was driving his vehicle on Dallas-Cherryville Highway and crossed the center line. When the vehicle driven the allegedly intoxicated man crossed the center line completely entering the opposite line of traffic he struck an oncoming vehicle head on. After he hit the first vehicle head on a, third vehicle stuck the initial drivers vehicle which was still in the center of the road. One death resulted from the accident and four others including the suspect received serious injuries.
The Charlotte-Mecklenburg Police Department has just released that one person was pronounced dead in a motorcycle/car collision this past Thursday night on Monroe Road.