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Raleigh Personal Injury Law Blog

Landlords have a responsibility to keep Cary apartments safe

By law property owners have a responsibility to keep their premises in a reasonably safe condition. When a landlord fails to do so and a resident of an apartment building is injured as a result, the landlord can be held financially responsible for damages in a premises liability claim.

We read recently of a two-year-old girl who fell three stories from a Cary apartment window. She was rushed to WakeMed, but doctors were thankfully able to release the toddler a couple of hours later with no apparent physical injuries.

Cary woman killed by teenage driver

Teenage drivers in the Cary area and across the United States often have a reputation for bad driving. Teenage brains are not fully developed until they are in their 20s, which can result in teens making bad decisions. A tragic fatal accident recently occurred in Cary caused by a teen driver.

According to reports, a Cary woman who was taking out her garbage can was struck by an SUV driven by a 16-year-old boy. The woman had just dropped her can off at her curb when the SUV rounded the corner on Castalia Drive and hit the woman. The teen driver has been charged with misdemeanor death by motor vehicle, failure to maintain lane control and careless and reckless driving.

Tips to avoid pitfalls of highway driving with commercial trucks

Driving on the highway is inherently dangerous. Automobiles of all sizes whip around at blinding speeds and many drivers become nonchalant or complacent behind the wheel. Countless distractions are engaged, despite most of us knowing that texting while driving is a "no-no", or applying make-up, or groping for that bag of salted cashews at the bottom of our briefcase.

We seek to interrupt what can become mind-numbing boredom commuting to work every day or spending hours on the roads when a phenomenon called "highway hypnosis" sets in. Throw in hulking commercial vehicles that virtually make your car vibrate in the currents as they sail past, and it's a recipe for disaster and tragedy that is far too prevalent on the roads.

Man charged in fatal crash near Cary

The importance of driving safely at all times is a value that is emulated by most Cary area drivers. Drivers understand that engaging in reckless activities can cause significant injuries or even death. An accident that occurred in the Cary area recently has resulted in the driver being charged for the death of another driver.

A tragic accident recently occurred on Highway 540. A man pulling a trailer with his son was driving northbound when their trailer came loose. They stopped to try and retrieve their trailer. Another driver came up behind them at a high rate of speed and slammed into the trailer. The driver of the truck and trailer was killed and his son was injured. The driver who hit the trailer and truck has now been charged with death by vehicle and failure to reduce speed.

Can I file a personal injury claim against the government?

If you have been injured in an accident caused by the negligence of another party, you can file a lawsuit to hold the other party liable for the damages you suffered, including medical expenses, lost wages and pain and suffering. This is the legal principle behind most personal injury lawsuits, including those involving commercial vehicle accidents.

In a typical car accident case, you might file suit against the driver who caused the accident by running a stop sign. If the driver was working for a trucking company, you might also hold the driver's employer liable under the legal principle of respondeat superior, which can hold employers liable for negligent acts committed by their employees.

Yet another pedestrian injured in an accident in a crosswalk

It is unfortunate but true that pedestrians are often the victims of negligent and dangerous drivers, especially within city limits. While pedestrian accidents often have the potential to be deadly, matters can be worse if the victim is a minor and the accident takes place near a school area, which should ideally be a safer place for pedestrians than other roads, as those areas always frequented by children.

A series of accidents involving apparently school-going children near Raleigh are noteworthy. According to news reports, a 17-year-old girl was injured in the early hours of the morning after she was struck by a vehicle in a crosswalk in front of Apex High School. The victim was rushed to a hospital for necessary treatment and the crash is currently under investigation. This was the third pedestrian accident in Apex that has occurred in front of a school. The other two accidents were in October of 2017.

Wake County teen injured in hit and run crash

Hit and run cases are often the accidents between running cars, however it can also entail a car hitting a bicyclist, a pedestrian, a stationary vehicle, or property. Any accident is shocking, but when it is a hit and run, it is worse because you don't know the person commits negligence and whom to charge for the damage.

In a recent hit and run case, a Wake County teen injured seriously while travelling home from work riding her bike. According to police reports, the crash occurred while the teenager who works as a cashier at Zaxby's in Fuquay-Varina was returning home from work and an SUV struck her then fled the scene of crash. The teen suffered life-threatening injuries and admitted in a nearby hospital. Reportedly, police charged two women involving with the accident.

Duty of care in car accidents and premises liability cases

Negligence is the legal theory that forms the basis for most personal injury lawsuits. Put simply, the theory means people have a duty to others to exercise reasonable care so as to avoid the risk of hurting someone else in a foreseeable accident. If they breach that duty by acting carelessly, and someone else is hurt as a result, the injured may hold the careless person liable for their damages.

When we apply this theory to a car accident case, we see that every driver has a duty of reasonable care to avoid injury to others on the road. When they look at a smartphone instead of at the road ahead of them, they are breaching that duty. If they cause an accident because of this breach, they can be held liable for the damages they caused.

Cary Lawyer McCabe Honored as Attorney of the Month

If you have recently seen a copy of the North Carolina Triangle edition of Attorney at Law magazine, you undoubtedly noticed that the founder and namesake of The Law Offices of John M. McCabe, P.C., adorned its cover. The publication's Attorney of the Month profile titled "A Lawyer in Full" delves into how McCabe's life and career were shaped by his heroes and mentors.

McCabe is quick to lavish praise on others when asked to recount important moments in his legal career. Even when he's talking about coaching a boys recreational basketball team to an undefeated season and championship, he puts the focus on those who helped mold him. He says that though he appeared outwardly calm and confident to his team even as they trailed late in the come-from-behind win, that ability to keep cool and composed is "a byproduct of the really good coaches I had as a kid."

Yet another injured in a crosswalk pedestrian accident

It is unfortunate but true that pedestrians are often the victims of negligent and dangerous driving, especially within city limits. While pedestrian accidents often have the potential to be deadly, matters can be worse if the victim is a minor and the accident takes place near a school area, which should ideally be a safer place for pedestrians than other roads as those areas always frequented by youngsters.

Here's what other attorneys are saying...

"John is a great lawyer who works super hard for his clients. The results he obtains for his clients are phenomenal." - Brian Davis

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John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

  • Rated by | Super Lawyers | John M. McCabe |
  • Avvo Rating 10.0 superb | Top Attorney Personal Injury
  • National Association of distinguished counsel | Nation's Top one percent 2017 | NADC
  • The Verdict Club | VC | Premier Trial Lawyers
  • Best Law Firms in North Carolina 2018
  • Nations's Premier | Top Ten Attorney Personal Injury | NAOPIA
  • 2014 | Litigator Awards | Ranked Top 1% of Lawyers
  • Best Lawyers | Best LAw Firms | 2019

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The Law Offices of John M. McCabe, P.A.
1130 Kildaire Farm Road
Suite 230
Cary, NC 27511

Toll Free: 877-320-1851
Phone: 919-899-9852
Fax: 919-833-3371
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