Plaintiff’s Case Elements

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Baxter Village Auto Accident Lawyer

General Theory in Auto Accident Litigation

Legal theory for most auto accident litigation holds that negligence is on the part of the defendant.  In order for negligence to be established, your auto accident lawyer will need to prove the following:

  • There was a duty on the part of the defendant to act with care.
  • That duty was breached by the defendant.
  • The accident was caused by the breaching of that duty.
  • The result: you sustained damage.

Application of Legal Requirements

Your Charlotte auto accident attorney will condense the four requirements listed above to: duty, breach, causation, and damage.  They constitute the general requirements for any and all lawsuits with a basis of negligence, and are applied in auto accident litigation as follows:

  • DutyWhenever someone drives a vehicle, the duty of care is enacted.  This duty of care can also be applied whenever the responsibility for another person’s actions lies with a potential defendant.
  • BreachWhen a person drives a vehicle and fails to carry out that action as a reasonably prudent individual would in a comparable situation, the duty of care is breached.
  • CausationBreach of duty on the defendant’s part must be established as the cause of the injuries you sustained.  In other words, if the defendant had not breached his or her duty, you would not have been injured.
  • DamageDamages resulting from a vehicle accident may include future and past suffering and pain, future and past medical expenses, and future and past disability, including lost wages and/or income.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Car Collides With School Bus Full of Kids

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Fort Mill SC Auto Accident Lawyer

A school bus with over 30 children on board was rear-ended by another driver. There were four children who were taken to the hospital with non-life-threatening injuries.

The remaining children were transferred to another bus and transported to their after-school locations.

The driver of the motor vehicle that struck the bus was also taken to the hospital. They are expected  to be charged with a moving violation.

Motorists need to “always be careful” when traveling near a school bus.

If you don’t stop for a school bus, not to mention there’s a chance that you might run over a child, but the points that will be assessed to your driving record will be 6 points and over $1,000 dollar fine.

Officials add that always applies if you’re following a bus or headed in the same direction. In fact, it’s illegal to pass a stopped bus in all 50 states.

A two-lane roadway, one lane going one direction, one lane going coming toward you, you have to stop for the school bus that’s approaching you.

The law changes only on a multi-lane roadway. If there are four or more lanes on a roadway, then you do not have to stop for the school bus if it is in the opposite direction: two lanes going one direction, two lanes going toward you is a four-lane roadway.

The same laws also apply at railroad tracks. While buses may not be loading or unloading children, by law they are required to stop at the tracks. Officials say that means you have to follow the law, too.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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The Cost of Accidents Involving Intoxicated Drivers

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Rock Hill SC Auto Accident Lawyer

Most people know that drunk driving is a dangerous and foolish act. However, many do not know just how damaging it can be. Sadly, all of the following statistics about drunk driving are TRUE:

  • Over 10,000 people die each year in alcohol-related car accidents in the U.S.
  • One person is killed every 50 minutes in a drunk driving accident.
  • One person is injured in a drunk driving accident every minute.
  • One in three people will be involved in an alcohol-related crash in their lifetime.
  • The average drunk driver has been drunk 87 times before being caught.

The very real lesson here is that drunk driving can lead to serious injuries and, in many cases, loss of life. You should never drink and drive, and you should talk to your kids about the dangers of drunk driving.

If you or a family member has been injured or even killed by a negligent drunk driver, then you face a harsh and difficult reality. The victims of North and South Carolina drunk driving wrongful death accidents go beyond those that have been killed. The people left behind after fatal drunk driving accidents have to deal with many hardships, including:

  • Emotional pain and suffering
  • Funeral costs
  • Medical bills and permanent losses
  • Lost wages
  • And more.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Larger Vehicles Can Help Prevent Injuries in Accidents

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Rock Hill SC Auto Accident Lawyer

According to the Insurance Institute for Highway Safety, if passenger safety is a major priority for you, then you should avoid small passenger sedans. Smaller vehicles are much safer than they used to be, but when it comes to serious accidents, the occupants of larger vehicles are much more likely to help prevent injuries in accidents.

The weight and bulk of the vehicle does count as much as ever, and smaller lighter cars, are still much riskier than bigger heavier vehicles.  If you’re riding in a large vehicle like a pickup truck, or a sports utility vehicle or a minivan, you’re less likely to suffer injuries in an accident.

Those injuries are much less severe when your car is involved in a head-on accident.  In such crashes, the heavy vehicle will merely push the lighter vehicle backward, increasing the risk of serious injury for the people in the smaller and lighter car.  In contrast, such impact actually helps reduce risk of injuries to people who are in the larger car. Smaller cars simply have very little space in front to absorb impact.  That means occupants have less space that can cushion their bodies from injuries during impact.  People in large cars simply have greater protection, because they absorb so much of the impact.

The verdict is clear.  Larger cars offer greater protection during an accident.  In fact, car accident lawyers will recommend that if you are looking for a first car for your teenage child, you should go with a larger car like a sports utility vehicle, because of the protection factor.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Different Parts of a Personal Injury Trial (Part 1)

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Charlotte NC Auto Accident Lawyer 

There are many components to a successfully personal injury trial. This article discusses the beginning of the trial process, known as jury selection, up until your Charlotte auto accident attorney’s opportunity to present his or her case.

Jury Selection

The first part of any personal injury trial is jury selection. This process, also called voir dire, is the process through which both attorneys question prospective jurors to determine whether they are fit to serve as jurors. An experienced attorney will ask questions that will provide specific information about the juror and will reveal any prejudices that may affect the juror’s opinion about the plaintiff or the defendant.

In some cases, the judge may also examine the jurors to elicit certain key pieces of information that may ultimately affect the outcome of the case.

Opening Statements

Once the jury has been selected, the trial will begin. The jury will enter and sit in the jury box. After a few procedural formalities are accomplished, both your Charlotte auto accident lawyer and defense lawyer will give their opening statements.

The Plaintiff’s Attorney Presents His or Her Case

After the opening statements, your Charlotte auto accident lawyer will begin by examining his or her witnesses; this is called direct examination. The defense is entitled to cross-examine each witness after your attorney has finished each direct examination. After cross-examination, your attorney will have another opportunity to ask additional questions; this is known as re-direct examination of the witness.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Seat Belt’s Save Lives

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South Carolina Auto Accident Lawyer

A 27-year-old Lexington man died in a car wreck when his vehicle went off of the road hitting a tree, he did not have his seat belt on.

The passengers, both wearing seat belts, had injuries but survived the crash.

Buckle Up South Carolina‘s facts show us that: 

  •  2010, 9,813 children under age six were occupants of a vehicle involved in a traffic collision; 8 of those children were killed. Only 5 of the 8 children were in a child safety seat.
  • Safety belts are the most effective safety devices in vehicles today, estimated to save 9,500 lives each year.
  • If 90 percent of motorists on our nation’s roads buckled up (the U.S. DOT’s goal for 2005), we would prevent an estimated 5,536 additional fatalities and 132,700 additional injuries annually.
  • Every hour, at least one person dies in this country because he or she didn’t buckle up. Failure to use a seat belt contributes to more fatalities than any other single traffic safety-related behavior.
  • Research has found that proper use of lap/shoulder belts reduces the risk of fatal injury to front seat passenger car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent (for occupants of light trucks, 60 percent and 65 percent respectively).
  • Child safety seats, used correctly in passenger cars, reduce the risk of death by 71 percent for infants and by 54 percent for toddlers. In light trucks, the corresponding reductions are 58 percent and 59 percent, respectively. Only about 15 percent of people in South Carolina use child restraints properly, however.
  • Observations conducted in 1996 showed that if a driver is wearing a seat belt, 86 percent of the time toddlers will also be restrained. If the driver is not wearing a seat belt, however, only 24 percent of the time will toddlers be restrained.
  • To get the most benefit out of your safety belt, you should wear it low over the pelvis with the bottom edge touching the tops of the thighs. The shoulder belt should be worn over the shoulder and across the chest, not under the arm and over the abdomen. Make certain that the shoulder belt is not worn so loosely that it does not slide off your shoulder. Pregnant women should wear the lap belt below the abdomen and the shoulder belt above the belly.
  • Even if your car has airbags, always wear your safety belt. Airbags are supplemental restraint systems that work with safety belts, not in place of them. They help protect adults in a frontal crash, but they don’t provide protection in side or rear impact crashes or in rollovers.
  • Fear of entrapment during vehicle fire or submersion is not a valid reason for not wearing seat belts. Only one-half of one percent of all crashes ends in fire or submersion. Most crash fatalities result from the force of impact or from being thrown from the vehicle, not from being trapped. Ejected occupants are four times as likely to be killed as those who remain inside the vehicle.
  • Safety belts should be worn at all times, even on short trips close to home. Three out of four fatal crashes occur within 25 miles of the crash victims’ home. Most crashes causing death or injury occur at speeds below 40 miles per hour.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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The Defendant in a Personal Injury Claim

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Charlotte NC Auto Accident Lawyer 

The defendant does not have a major role in the personal injury claim process, unless the case goes to trial. In fact, chances are that you will never see the defendant again. Your Charlotte auto accident attorney can inform you about what happens to the defendant during litigation or if the case settles.

What Happens to the Defendant?

The defendant, known as the tortfeasor before the case goes to trial, provides the insurance company with the relevant information regarding the car accident. The insurance company transcribes these statements in order to preserve the details of the accident.

After the insurance company has all the information it needs, there will be little contact with the defendant for the remainder of the case, unless it goes to trial.

However, in some cases, it may be necessary for your Charlotte auto accident attorney to contact the defendant directly to obtain certain specific information.

Defendant’s Role During Litigation

If the parties are not able to reach an agreement and the case goes to trial, the suit will be brought to the defendant personally. The insurance company will not be named as part of the lawsuit, and in some cases, will not even provide counsel for the litigation. However, regardless of who is litigating the case, the defendant will need to be involved in every step of the litigation process.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Car Seat Saves Infants Life

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Charlotte NC Auto Accident Lawyer

A young mom on her way home was involved in a fatal head on crash with a pickup truck.

The young mom had her infant daughter belted into her car seat in the back of her Hyundai, which saved her daughters life.

The older man in the pickup truck was not injured in the crash and told officers that he did not see anyone driving the vehicle. The Hyundai swerved into his lane so he moved to hers, she moved back into her lane driving head on into the pickup. Neither driver was wearing a seat belt.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Fatal Auto Accident in North Carolina

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Charlotte NC Auto Accident Lawyer

The North Carolina Highway Patrol responded to a call at 2:30 a.m.

An SUV with two people inside had gone off the road, hitting a tree. The driver was speeding and had alcohol in her system, killing her friend.

The driver is facing several charges, including felony death by motor vehicle, driving while license revoked, and driving while impaired.

The SUV left a party at a home in the neighborhood shortly before the crash.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Charlotte Auto Accident Claims One and Injures Eight

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Charlotte NC Auto Accident Lawyer 

While driving on the North end of Charlotte, a husband and wife slid off of a wet road in their SUV into a tree.

Other vehicles crashed behind them, causing 8 people injuries and claiming one woman.

One person taken to CMC had life-threatening injuries, two had potentially life-threatening injuries, and five others had non-life threatening injuries, according to Medic.

Rain may not be frozen like snow or ice, but that does not mean we should throw caution to the wind. Rain by itself can cause extremely slick roads and cause situations such as hydroplaning.   The rule of thumb for driving on rain slick roads is to slowing down ten miles per hour below the posted speed limit and heightening awareness of the highway conditions.

Hydroplaning can occur at both slower speeds as well as higher speeds. In many ways, rain soaked roads are more dangerous than snow covered roads because the driver takes for the granted the ability to navigate at a speed that is consistent with driving in clear conditions.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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