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Raleigh Personal Injury Law Blog

5 ways motorists can keep their bicyclist road companions safe

It's common to see bicyclists riding alongside motor vehicles on North Carolina roadways. This annoys and frustrates many motorists who wonder why bicyclists can't just ride on sidewalks or trails. Many drivers, including you, may think bicyclists just slow down traffic.

Driver charged with involuntary manslaughter in woman's death

A 55-year-old woman who was struggling for life out of grave injuries she suffered after a driver struck her in a busy Charlotte road died last week at a local medical center. After the death of the victim, law enforcement officials charged the driver with a new charge involuntary manslaughter.

Reportedly, the woman was hit by the SUV driver while crossing the 3300 block of The Plaza. The victim was transported to a nearby hospital with life-threatening injuries. The driver of the SUV fled from the accident scene after striking the victim. However, law enforcement officials soon tracked the damaged vehicle a few blocks away and arrested the driver. He was charged with multiple charges, including misdemeanor hit-and-run causing damages to properties, felony hit-and-run causing serious injury and driving without a valid license. According to reports, he was released from jail on $12,000 bail.

Motorcyclist injured after being hit by van in Raleigh

Road casualties are common across the nation, and North Carolina is no exception to it. A large number of people are killed or suffer serious injuries due to negligence on the part of other drivers. Examples of such negligence would include speeding, distracted driving, drunk driving, disregard to traffic rules and other similar acts.

In a recent incident, a 25-year-old motorcyclist suffered severe bodily injuries after being struck by a van on Fayetteville Road while he was on his way to Raleigh. According to police, the incident happened when the victim's motorcycle was struck by the van, which was being driven by an 84-year-old driver. Apparently, the driver of the van failed to yield the right-of-way to the victim, who was driving in the left lane and was about to turn left onto Maxwell Drive.

Helping our clients understand their rights

On this blog, we often discuss the legal principles behind personal injury cases that involve car accidents. It's important to note that these principles apply to other types of personal injury cases as well.

The key legal concept in most personal injury cases is negligence. In layperson's terms, negligence means basically the same thing as carelessness, but in legal terms it has a more specific meaning. A person acts negligently when they owe a duty of care to avoid causing injury to others, and they breach that duty. If their breach of duty is the actual and legal cause of another person's injury, then the negligent party can be held liable for the injured person's damages.

Safety tips every cyclist should follow

After a long uphill climb, there is nothing quite like flying down the other side of the hill at 35 miles per hour on your road bike. The thought of hitting a rock the wrong way or crack in the road at a bad angle is not fun to contemplate. Part of what makes cycling exciting but also makes it dangerous is that you are sharing the road with motor vehicles that are much larger, heavier and going much faster. Even when riding in the city, at slower speeds, you still face a constant threat from cars and trucks. Even pedestrians, motorcycles and other cyclists can pose a threat.

Part of being a responsible cyclist is acknowledging that you cannot trust anyone else on the road to make your safety a priority. This does not mean that they are not responsible for their reckless or negligent actions. On the contrary, taking your own safety and that of others seriously and practicing safe riding habits can help if do have a collision with a motor vehicle. Here are a few cycling safety tips that every cyclist should follow.

Negligence and the standard of proof

A man was killed near Raleigh recently when he was struck by another vehicle after he stepped out of his pickup truck. According to police, the man and his son were driving on North Carolina Highway 540 when the trailer they were pulling came unhitched. The man got out of the truck to reattach the trailer when he was struck by another vehicle on the roadway.

The man's son, who had also stepped out of the truck, was treated for minor injuries. Police said they had no plans to charge the driver of the other vehicle with a crime.

How much time do I have to file a personal injury claim?

After you have been injured in an accident, your first priority is getting medical attention. That can take a lot of your time and energy. After you return home, you may find it overwhelming just trying to return to something resembling your pre-injury life. In cases involving serious, permanent injury, it may actually be impossible to return to what you used to consider normal.

With all that you're dealing with, it's certainly understandable if you don't feel in a hurry to talk to a personal injury attorney. However, it's wise to start learning about your legal rights and options as soon as you can.

Who can be held liable for a commercial vehicle accident?

A typical motor vehicle accident case involves holding a negligent driver liable for damages he or she caused to another person. However, there are many cases where another party may be held liable as well.

This legal concept is sometimes known as vicarious liability, and it can come into play in cases where parents are held liable for damages caused by a minor child who caused an accident while driving the family car. Vicarious liability is very important in personal injury cases involving commercial vehicle accidents.

Can a property owner be held liable for inadequate security?

Can property owners be held liable when someone is injured in a crime committed on their property? The answer, as is so often the case in the law, is "it depends." There are cases where a property owner can be found liable for injuries after failing to provide reasonable warnings or adequate security. To explain how, first we must discuss the basics of premises liability law.

Premises liability is the legal theory that can hold property owners liable after someone else is injured in a preventable accident on their property. A common use of premises liability is in a case where a customer is injured in a fall after slipping on a spill at a restaurant or grocery store.

Just how dangerous are those electric scooters?

Perhaps you've seen the electric scooters that have been landing on street corners everywhere. Light, sleek and fast, they offer many a convenient alternative to Uber and other forms of downtown transportation. However, they're also dangerous.

There's not yet a national databank for e-scooter accidents like there is for car accidents, but two recent studies have started to explore just how much these vehicles put riders at risk.

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.

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