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Raleigh Personal Injury Law Blog

Some car accident injuries may not show up right away

Many people in the Cary area will be in a car accident at least once in their life. These accidents are usually minor fender benders, but some can be more serious. When there is an accident with injuries a person may be stressed about their injuries along with the medical expenses they may now be facing. But, it is important for those who are in a car accident to understand that some car accident injuries may not show up until later.

When a person is in a car accident, they may think that their injuries will be apparent right away. But, there are several symptoms that a person may have some time after a car accident occurs. One symptom a car accident victim should not ignore is a headache. A headache could be a sign of whiplash, a concussion, a head injury or other condition. Whiplash can also show up several days later with symptoms of neck and shoulder pain. Neck pain can also be a sign of herniated disks.

What damages can be part of a personal injury claim?

No matter how careful a Cary resident can be, an accident can occur at any time. These accidents are always unexpected and sometimes involve serious injury. Along with an injury, a person can face unexpected expenses and emotional trauma. If the car accident was the result of someone else's negligence, a victim may be eligible for compensation.

In a personal injury car accident case there are several types of damages a victim can claim for their injury. Everyone knows how expensive medical care can be, which is why medical expenses is one of the top damages for car accident victims. In car accidents, medical expenses can be from not just hospital costs, but also from ambulance expenses, medical equipment needed, cognitive therapy for a brain injury, in-home services and future medical expenses. Additional compensation can be for pain and suffering, which is mental or physical distress caused by the accident. The damages are awarded by the type of injury and the amount of pain suffered, along with the potential of future pain.

Ladder accidents are more common than you think

Many people spend a good portion of their workday climbing up and down a ladder. This holds true of roofers, painters and construction workers, among many others.

It doesn't matter if you use a ladder regularly or every so often, there are safety tips you must follow. Doing so will help you avoid an accident and related injuries. Here are seven tips to guide you:

  • Inspect the ladder before taking the first step: A ladder can have defects or damage, making it dangerous to use. If you take notice of this, put the ladder to the side and mark it "out of service."
  • Find a level surface: You should only place a ladder on firm and stable ground, as this helps you keep your balance as you climb higher.
  • Don't place your ladder by heavy traffic: This includes both foot traffic and vehicle traffic, as anyone or anything that bumps your ladder can result in a fall to the ground below.
  • Maintain three points of contact: You want to have two hands and one foot or two feet and one hand on the ladder at all times. This helps you maintain your balance.
  • Choose the right size ladder: An example of something you want to avoid is choosing a ladder that is too short to reach your desired height. If you do this, you could find yourself standing on the top rung (which is a big no-no) or reaching.
  • Don't carry heavy loads: You should never carry a heavy load when climbing up or down a ladder, as a slight lean could pull you to the ground.
  • Be careful on the last step: When climbing down a ladder, it's easy to lose track of where you are. If you don't know when you're taking your last step to the ground, you could attempt to dismount too soon.

How do you prove distracted driving a cause of a car accident?

Despite a driver's best efforts in the Cary area, an accident can still occur. Lately, many of these accidents have been caused by a distracted driver. With almost everyone owning a smart phone and having a social media account, texting, checking social media platforms, and even emailing have caused drivers to take their attention off the road. Any time a driver takes his eyes off the road, even for a second, there is a risk for a serious car accident.

If a car accident victim believes the accident was caused by a distracted driver, there are some ways that can be proven. Distracted driving is illegal and if a person causes an accident while they are distracted they can be held liable. First, the police report is an important document that can contain a lot of useful information. The report spells out the circumstances of the accident and can list what caused the accident.

Man struck by speeding car near Cary; dies at local hospital

No one expects their loved one will be involved in a car accident. These accidents can happen in the blink of an eye. Lately there seems to be more car accidents that are caused by negligence of another driver. Whether it's because the other driver is using their cell phone, texting, speeding or engaging in other negligent behavior, these kinds of accidents are oftentimes entirely preventable.

A recent accident near Cary claimed the life of a man from Moncure. A man driving a Volkswagon at more than 100 miles per hour southbound on US-1 near 64 in Cary was spotted by a Wake County Sheriff deputy. The deputy tried to pursue the vehicle, but due to the speed and traffic volume he determined there was no way to safely pursue and pull over the vehicle. The driver of the Volkswagon lost control of the vehicle and hit another car that was driven by the man from Moncure. The injured victim was taken to Wake Med, where he died a few days later. The negligent speeding driver is facing multiple criminal charges, including eluding arrest.

ATV accidents can be serious

Many people in the Cary area own an ATV and enjoy using them on their property and ATV trails. ATVs are wonderful vehicles that can be used in many ways, from having fun to getting chores done. Most of the time people are able to use ATVs safely, but occasionally a serious accident occurs.

An ATV accident can be a serious affair. In 2015, the Consumer Product Safety Commission estimated that nearly 98,000 people went to the emergency room because of an injury caused by an ATV. One of the more serious injuries a person can suffer because of an ATV accident is a traumatic brain injury. Many times, during an accident, a person is thrown from an ATV and hits their head. A person can also be thrown from an ATV or pinned underneath one. Besides a brain injury, a person can suffer broken bones, internal injuries, neck injuries and spinal cord injuries, among other injuries.

How is negligence determined in a car accident?

No one starts their day with the expectation that they will be in a car accident. Unfortunately, many families in the North Carolina area are affected by a car accident every day. Some of these accidents are serious and cause injuries that may take months to recover from. If a North Carolina resident has been in a car accident it is important to find out who is at fault.

North Carolina is a contributory negligence state. In a contributory negligence state, every person has the duty to act in a reasonable way. If a person does not do this and an injury occurs, they may be held partially or entirely responsible for the accident, even if another party was involved in the accident. When an injured person files a negligence claim, the defendant may file a contributory negligence claim. That claim may state that the injured person was at least partially at fault for the accident. If the contributory negligence claim is proved, then the person may be barred from recovering damages or the amount of damages may be reduced.

Make changes to your driving style to prevent a truck accident

When driving in close proximity to commercial trucks, you'll want to adjust your style to enhance your safety. Neglecting to do so can result in an accident that causes serious injury or even fatality.

Here are some of the many things you can personally do to prevent a car-truck accident:

  • Don't become distracted: You should avoid distractions at all costs, as taking your eyes off the road for even a second can cause an accident. Common forms of distractions include texting, talking on the phone and conversing with passengers.
  • Don't drive in a trucker's blind spot: This is an easy mistake to make, especially on a crowded highway when you don't have a lot of room to move around. Even so, you shouldn't stay in a trucker's blind spot for an extended period of time.
  • Dangerous lane change: For example, leave as much space as necessary to pull back in front of a truck after passing. If you don't leave enough space, the truck may not be able to slow down in time, thus striking you from behind.
  • Illegal passing: It's tempting to pass a slow moving truck in the right lane, but this greatly increases the chance of an accident. If you need to pass a truck, do so in the left lane and be careful about when you move back into the right lane.

The basics of negligence in car accidents

Being injured in any serious way is a traumatic experience to navigate. Dealing with the physical, emotional, and financial stress of the situation can take its toll on even the strongest of individuals. While any type of accident is difficult, being injured because of the negligence of another party can be an even more-stressful event. In these types of cases, it's crucial that an injured individual receives the justice they deserve. When it comes to car accidents, proving negligence is a major element of this justice.

There are four main components of negligence. First, there must have been a "duty of care" to the plaintiff owed by the defendant. Next, that duty must have been broken in some way, with that breach being a definitive link to the injury in question. Lastly, there must be "proximate cause," which deals with whether or not the incident was foreseeable. Finally, there have to be damages resulting from the offending conduct.

Motorcyclist killed in accident

For both pleasure and for transportation needs, motorcycles are a great way to get around. Unfortunately, a motorcycle accident can occur, leading to tragic results.

That was the case in a recent accident that occurred, in which a motorcyclist was killed in Harnett County. The motorcyclist was traveling west on Shady Grove Road when a truck that was traveling east tried to pass another car. The truck struck the motorcyclist head on and the motorcyclist was pronounced dead at the scene. Authorities are still investigating the accident and charges may be possible.

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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The Law Offices of John M. McCabe, P.A.
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Cary, NC 27511

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