Car Accidents and North Carolina’s Good Samaritan Law

Car Accidents and North Carolina’s Good Samaritan Law

Car Accidents and North Carolina’s Good Samaritan Law

Charlotte, NC Personal Injury Lawyer

It is a situation no one wishes to ever be placed in. You witness a car accident. You can see that there are victims in need of immediate help.  Everyone wants to say that they would jump right in and assist the victims in anyway possible. And if you do – can the victims sue you later if your help actually causes him or her further injury? What if a victim dies because of help you administered?

It is a worst case scenario that unfortunately plays out in North Carolina and states around the nation each year – good Samaritans caught between what they know is right and protecting themselves from a potential lawsuit.

What are Good Samaritan Laws?

Generally, good Samaritan laws protect the average person who sees someone in need and extends help. A person, or “good Samaritan” who steps in to aid is shielded from liability because of they help they administer. Unless, the “good Samaritan” is completely negligent in helping, no lawsuit may be filed against the Samaritan. Good Samaritan laws are often invoked in the context of car accidents.  If you attempt to aid a victim of a car accident, you are generally protected from any lawsuit based on the care you give. In the United States there is no general duty to rescue someone in need. Further, the victim of an accident cannot sue a person who passed by the accident and did nothing to help. However, as a matter of public policy, state legislature would like to encourage citizens to help one another, and thus have written good Samaritan laws. Each state and the District of Columbia has a version of a good Samaritan law codified within their state statutes.  The laws vary greatly from state to state so it is important to know the law of the land in your particular state.

What is the law in North Carolina?

North Carolina’s Good Samaritan Act statute protects a Samaritan from liability for civil damages if that person acted without compensation and in good faith.  The statute also states that the Samaritan must have acted voluntarily; it must also have been reasonably apparent under the circumstances that prompt actions and decisions were necessary and that any delay of treatment would have caused even more harm.

How to Safely Help After a Car Accident

If you do see a car accident occur while you are driving, what can you safely do to help the victims?

  1. Park your car a safe distance away from the scene: Do not park too close to the accident or block emergency vehicles access to the victims. Turn on your bright headlights to signal to emergency responders that they are nearing the scene.
  2. Check on the victims: From a safe distance at first, determine how critical the accident was, the number and severity of the injuries, and if you can safely provide further assistance.
  3. Call 911: You are being the most help by calling authorities and alerting the proper medical professional of the accident.

Car accidents and personal injuries occur every day on the roads.  If you need more information on the good Samaritan laws or were the victim of a personal injury, the experienced personal injury attorneys at Bice Law, LLC can provide you with excellent legal information. Contact our office now to schedule an appointment with one of our seasoned professional.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share this article on Social Media!

What To Do When a Product is Recalled

What To Do When a Product is Recalled

Charlotte, NC Personal Injury Lawyer

Kiddie is recalling nearly five million fire extinguishers sold online and at several national stores like Home Depot after reports that eleven Kiddie-brand extinguishers failed to discharge properly. This can obviously pose a risk to someone attempting to suppress a fire. Unfortunately, product recalls seem to be occurring with greater frequency. Whether the recall covers automobiles or clothing, children’s toys or fire extinguishers, there are certain steps consumers should take when they receive news of a product recall:

  • Remain calm. First, fight any urge you may have to panic or worry. The vast majority of recalls are voluntary recalls, meaning that the company has voluntarily agreed to recall the product. These recalls can occur even if no injuries have been reported.
  • Follow the instructions regarding the recall. Along with the recall notice (which identifies the precise product or products that are being recalled) there should be instructions included for what to do next. This can include returning the product to a local service center, returning the product through the mail, or discarding the defective product.
  • Check with family members to make sure no one was injured by the product. Make sure no one in your family was injured by the defective product. Sometimes an individual may use a defective product without even realizing the product has been recalled. This can result in injuries to that person.
  • If you or a loved one has been injured by a defective product, contact an experienced product liability attorney. There are three main types of defects: design defects (where a product is designed in a defective and dangerous manner), manufacturing defects (where a product as designed is safe to use, but something occurred in the manufacturing process to make the product dangerous), and instruction or warning defects (where there the instructions or warnings provided to consumers on how to use the product are defective or inadequate). In any event, if you or a loved one is injured by a defective product, attempt to preserve as much evidence as possible. Document facts about the injury and how it occurred, and attempt to keep the defective product so it can be examined.

It is generally advisable that you speak with a product liability attorney. Even in supposedly “clear” cases, holding the appropriate individuals and/or entities responsible can be difficult. Not only this, but recovering full compensation can require identifying all the parties who were responsible or contributed to the defect – some of which may not be readily apparent. A product liability attorney can help you obtain the compensation you deserve.

At Bice Law, LLC, we are committed to helping those injured by defective products recover the compensation to which they are entitled. We do this by conducting a thorough investigation into the facts of your case, identifying those who are responsible, and aggressively advocating on your behalf. Contact us at (855) 5-BICE-LAW right away for help in recovering compensation after a product-related injury.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!

Tripping at Work Can Be Compensated Through Workers’ Compensation

Even Tripping at Work Can Be Compensated Through Workers’ Compensation

Rock Hill, SC Personal Injury Lawyer

In two decisions handed down by the South Carolina Supreme Court, the court held that workers who suffer an injury at work – even if that same injury could have happened someone other than work – can receive workers’ compensation benefits.  In both cases, the injured plaintiffs had tripped and fallen while at work, suffering injuries. Both workers had their claims initially denied on the grounds that the workers’ accidents could have happened anywhere and there was nothing specific or notable about the walking surfaces or hallways that contributed to the accidents. But the South Carolina Supreme Court disagreed, holding that all that was required in order for a worker to receive benefits was a causal connection between a worker’s employment and his or her injuries.

Facts of the Cases

In the first case, an administrative assistant was walking down a hallway in order to check the e-mail of a co-worker when she tripped and fell. In the second case, a supervisor for the South Carolina Department of Social Services was walking to a meeting when she also tripped and fell in a hallway, suffering injuries. In the first instance, the administrative assistant’s claim was denied on the grounds that her employer was not to blame for her accident. The other woman’s claim was denied after a workers’ compensation commissioner found that the injury could have been sustained anywhere, and there was nothing special or noteworthy about the floor at her workplace that would have made a tripping accident more likely.

What Then Do I Need to Show to Get Workers’ Compensation Benefits?

In both instances, the South Carolina Supreme Court held that all that a workers’ compensation plaintiff must show in order to receive benefits is a “causal connection” between the plaintiff’s injuries and his or her employment. It does not matter how accident-prone the plaintiff is or whether the injury is of a kind that could also be suffered at home or at a grocery store (for instance).

In some cases, showing this connection is relatively straightforward. In each of the two cases, for example, the plaintiffs were injured while they were at their workplace and on their way to accomplish some work-related task. In other cases, however, showing the “causal connection” can be more difficult.

Do I Need a South Carolina Workers’ Compensation Attorney?

While you do not need a South Carolina workers’ compensation attorney to file for benefits, retaining one can increase your chances of recovering benefits quickly. An attorney can review the facts of your claim and help you complete the necessary paperwork. If difficulties arise in your case – if, for instance, a commissioner states your injury is not work-related – an attorney can argue for benefits on your behalf.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!

Childcare and Daycare Neglect

Share

Childcare and Daycare Neglect

Charlotte, NC Personal Injury Lawyer

NBC Charlotte reported that a daycare center in Rock Hill, South Carolina that was under investigation after a child at the center came home with unexplained scratches and marks around his nose and eyes.  The child’s mother alleges her child also had inexplicable bruising and that an employee of the daycare center caused the mystery injuries. The South Carolina Department of Social Services has launched a full inquiry into the treatment of children under the care and supervision of the center.

Unfortunately, the maltreatment of children by childcare and daycare centers does occur in this country, sometimes with catastrophic consequences for the child and their families.

What is Childcare Neglect?

The South Carolina’s statutory code governs childcare centers in this state. It provides the proper practices and standards by which all facilities and centers must abide, including licensing requirements and employee hiring guidelines.

When a childcare center, or one of its employees, fails to act with the reason and responsibility of an ordinary adult with regard to a child’s care, and a child is hurt or harmed, the center may be found negligent.  Further, criminal charges may be in order based on the circumstances of the case buy levitra vardenafil.

Failure to adhere to the statutory guidelines provided by the state listed within the statute may be enough to hold a childcare center negligent in their care of children. For example, if the center creates a dangerous playground environment or unsafe napping situation for a child, they may be held liable. Further, an inadequate hiring process that places children in the care of a dangerous individual may be considered childcare neglect.

How to Recover for Suspected Childcare Neglect?

South Carolina’s statutory code governing negligence controls recovery in childcare neglect cases. In order to establish that a childcare center was negligent, all four of the follow requirements much be demonstrated:

  1. A duty of care was owed to the child from the center;
  2. The center breached that duty of care;
  3. The breach of care by the center caused the child’s injury; and
  4. Damages were incurred.

If all four requirements are met, a family may be able to recover monetarily for the injuries sustained by the child.

Tips for Securing Safe Childcare for Children

Parents who practice common sense and keep their eyes open should have no problem securing safe and adequate care for their children.  Here are a few helpful tips for spotting a safe childcare center:

  • Always take a tour of the center or facility prior to enrolling your child
  • Interview the center’s staff and ask questions about their background
  • Pay attention to the child-to-caregiver ratios at the center
  • Find out what the licensing requirements for the centers are
  • Ask your child about their day at the center and listen to how they respond
  • Ask friends or family for childcare recommendations

Childcare neglect is a very serious allegation that carries very serious consequences.  Your children are so very precious to you and the attorneys at Bice Law, LLC understand that special relationship. If you or someone you know may have experienced childcare neglect or any other type of serious injury, contact an attorney today for a free consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

 

Share
Share this article on Social Media!

Recovering Damages After a Chemical Spill

Recovering Damages After a Chemical Spill

Charlotte, NC Personal Injury Lawyer

A train derailed recently near Allendale, South Carolina, leaking some of the hazardous chemicals it was carrying. Although the spill did not result in any homes needing to be evacuated, a local plant was evacuated. In addition, two individuals on the train were injured. While this particular derailment did not appear to result in any serious injuries, these sorts of incidents can cause serious property damage, mandatory evacuations for private citizens, and lead to personal injuries and illnesses. After a train derailment, consulting with an experienced personal injury attorney can help individuals affected by the derailment recover much-needed compensation.

Train Derailment Statistics

According to preliminary data from the Federal Railroad Administration Office of Safety Analysis, there were approximately 10,804 total train accidents or incidents in 2014. This number is higher than 2013’s total of 10,524 accidents and incidents and even higher than 2012’s total of 10,175. This included a total of 1,124 instances of derailment.

There are a number of situations that can cause a train to derail. In many of these situations, the negligence of one or more parties contributes to or even causes the derailment. Common causes of derailment include:

  • Poorly maintained tracks;
  • Collisions with other trains or vehicles on the track;
  • Improper switch alignment;
  • Mechanical failures of the train engine or rail cars;
  • Failure to remove obstacles and obstructions from train tracks; and
  • Excessive speed during poor weather conditions.

Damages Following a Train Derailment

A train derailment can upend the lives of individuals and families, leaving them with significant losses. These individuals and families can receive compensation for their damages. For instance, monetary damages are available for:

Recovering Damages After a Train Derailment Can Be Difficult

Recovering compensation after a train derailment can be difficult for a number of reasons:

  • Depending on the exact circumstances of the derailment, there may be federal laws that apply and supersede state laws. This can affect things such as how a claim for damages must be brought, what would constitute negligence in the case, and what sort of recovery is available.
  • Many railroad companies and those that do business on and around railroad tracks employ dedicated lawyers tasked with limiting the liability of the company. This means that they may try to pressure victims into accepting settlements that are far less than the damages these victims suffered.
  • Because of the technical nature of these claims, important evidence and witnesses can be lost if prompt action is not taken immediately following a derailment.

Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share this article on Social Media!

Clemson University Hit with Wrongful Death Suit for Alleged Hazing

Share

Clemson University Hit with Wrongful Death Suit for Alleged Hazing
Charlotte, NC Personal Injury Lawyer

The surviving family of a Clemson University freshman who died in September 2014 has filed a wrongful death suit against the university, the Sigma Phi Epsilon fraternity; of which the deceased student was a pledge, and three other fraternity members, claiming $25 million dollars in damages. The deceased student was a 19-year-old political science major who, according to the suit, was on an early morning run with other fraternity members in 2014 when he died. His body was apparently found later that day below a bridge, and the authorities determined that he suffered severe head injuries from falling onto the rocks in shallow water. The suit claims that the death was the result of a hazing ritual that resulted in an accident.

Hazing Death

According to the lawsuit filed by the deceased student’s parents, the fraternity took the pledges for a grueling 5:30 a.m. run on the day of the incident. The suit states that one of the members, who is also a named defendant, confronted the student for not bringing the biscuits that he was told to bring. The fraternity allegedly held a tradition of requiring pledges to jump off bridges into the lake and then swim to the lakeshore. After the student jumped into the water, the fraternity members left. When the student did not appear for the fraternity breakfast that morning, the members then began to make calls and drive around to look for him. His disappearance was not reported to the authorities until 1:15 p.m. – seven hours after he had fallen into the lake. The lawsuit alleges that one fraternity member texted the deceased student’s girlfriend that he was okay, which he insisted would “help [them] buy time.” The members had allegedly attempted to delete all text messages and phone calls that occurred since that day.

The lawsuit indicates that Clemson was planning on suspending the fraternity due to “unprecedented conduct issues over the course of the first three weeks of school” and “hazing and sexual misconduct.” Earlier this year, Clemson announced that the fraternity would be suspended from campus until December of 2019, as it found the fraternity guilty of underage drinking, hazing, harm to person, failure to comply with official request, disruption of community and ethical standards, and student organization conduct.

Wrongful Death Claims

The wrongful death suit alleges that Clemson University owed a duty of care to the deceased student that it breached, causing the deceased student’s death. Under of Section 15-51-10 of the South Carolina Code, wrongful death is defined by “death of a person caused by the wrongful act, neglect or default of another and the act, if death had not ensued, would have entitled the party injured to maintain an action and recover damages in respect thereof.”

A wrongful death suit is similar to a personal injury suit but the injured person is no longer alive to seek civil remedies in court you could try these out. It is typically filed by the personal representative of the victim such as the victim’s survivors (including spouse, children, and parents), heirs, or others. Normally, a wrongful death suit must be filed within two years after the person’s death. If the claim is not timely filed, the family may lose its chance to collect damages forever.

Here, the suit claims that Clemson knew or should have known that the acts or omission of the fraternity were dangerous, grossly negligent, and were in violation of its policies and expectations. It failed to communicate with the fraternity and prohibit them from engaging in hazing activities, failed to provide education and training to the fraternity members, failed to immediately suspend fraternity activities when it knew or should have known that it was violating school policies, and failed to adequately supervise the fraternity’s activities. The suit claims that, because of the school’s gross negligence, damages in the amount of $25 million were appropriate to compensate the family for grief and sorrow, loss of companionship, mental shock and suffering, loss of the student’s society, loss of the student’s earnings and economic services, funeral and burial expenses, and punitive damages.

Educational institutions have a duty of care to its students to institute policies and take actions to ensure student safety. If you believe you or a loved one has been injured because of the negligence of others, the attorneys at Bice Law, LLC may be able to help you seek compensation. Contact us today for a free initial consultation.

Contact Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability. We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly. Call (855) 500-BICE today or submit an online request to get a free consultation with a personal injury attorney. We serve families across both North Carolina and South Carolina.

Share
Share this article on Social Media!

South Carolina Supreme Court Reinstates Verdict Against Ford

Share

South Carolina Supreme Court Reinstates Verdict Against Ford

Charlotte, NC Personal Injury Lawyer

Earlier this month, the South Carolina Supreme Court reinstated a $900,000 award of damages in a wrongful death suit involving a defect in a Ford pickup truck. The initial lawsuit claimed that an off-duty sheriff was driving the truck in question when a teen pulled out in front and the driver swerved to try to avoid a collision. However, the collision occurred and the crash caused the driver-side door of the pickup truck to swing open. The crash caused the sheriff to be ejected from the vehicle through the door and caused his death.

Trial Verdict and Award

The deceased sheriff’s family filed a wrongful death suit, alleging that Ford, the vehicle manufacturer, was liable for the defective design of the door latch system of the truck. Because of the defect, the door opened upon impact and allowed the deceased sheriff’s ejection, causing his death. The suit went to trial, and the jury returned a verdict in the amount of $300,000 in actual damages but declined to award any punitive damages although it found clear and convincing evidence of willful, wanton, or reckless conduct on Ford’s part special info. Under a South Carolina statute, punitive damages may be awarded if the plaintiff proves by clear and convincing evidence that the harm was the result of the defendant’s willful, wanton, or reckless conduct.

In South Carolina, a party can ask a court for a new trial challenging that the verdict is either excessive or inadequate, and trial judges have to distinguish between awards that are merely unduly liberal or conservative and awards that are capricious or prejudicial. Here, the plaintiff asked for a new trial because the verdict was inadequate, and the trial judge granted an additional $600,000 in damages. The trial judge considered testimony and evidence showing the damages suffered by the family. Ford appealed, and the court of appeals set aside the new award and reinstated the original verdict. However, the South Carolina Supreme Court agreed with the trial court’s additional award of damages and reversed the court of appeals’ decision.

Damages

Under South Carolina law, damages from a wrongful death action may include expenses for care, treatment, and hospitalization, compensation for the victim’s pain and suffering, funeral expenses, monetary benefits that the victim provides to other persons, such as dependents, that may include the net income of the victim, services, protection, care, companionship, and guidance, and punitive damages if the wrongful act that caused the death was malicious, willful, or wanton.

Here, the trial judge stated that the testimony at trial established the deceased individual’s support, both moral and economic, of his family as well as the genuine love, affection, esteem, and regard held by the beneficiaries of his estate. Testimony also established grief, emotional turmoil, and loss suffered by family and non-family members. Therefore, the additional award of damages were warranted.

If damages are awarded, the damages are applied in the following order: first to pay the estate for the expense of pursuing the wrongful death claim, then to pay reasonable attorney’s fees and any outstanding funeral and medical bills, and finally to the decedent’s beneficiaries directly.

If you or a loved one plan to bring a wrongful death suit due to a defectively designed product, the attorneys at Bice Law, LLC can help you navigate the complexities involved in wrongful death cases. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share
Share this article on Social Media!

Investigations of Deadly Collisions in South Carolina

Investigations of Deadly Collisions in South Carolina

Charlotte, NC Personal Injury Lawyer

According to The State, new technologies employed in investigations of deadly automobile collisions in South Carolina allow far fewer errors, increase efficiency, and allow more thorough investigations. Because departments across the state may not be equipped to investigate accident scenes, the South Carolina Highway Patrol has formed the Multi-Disciplinary Accident Investigation Team, or MAIT, to assist in these cases.

Process of Elimination

The MAIT details each collision site and goes over every detail to determine how the wreck occurred and goes much deeper than a standard crash site investigation. According to the article, it takes longer to rule out possible causes than it does to pinpoint what actually occurred since the team has to rule out things like mechanical problems and natural causes. Investigators compile crash site data and run it through specialized software that reconstructs the layout of the crash in computer animations, which permits investigators to see the sequence of events and where the actual impacts took place.

Some local police forces have, through grants, purchased equipment to be able to do the kind of investigations that the MAIT team conducts without calling on them. The technology provides for accurate investigations that can be performed more quickly, allowing roadways to be normalized much more quickly after a collision.

Forensic Evidence in Crash Lawsuits

Advances in forensics allows investigators to put together a clear picture of what occurred during a car accident. This is crucial for determining if one driver was at fault for ignoring speed limits or driving recklessly because evidence can determine the force of the collision as well as the speed the cars were traveling before and after. Forensic evidence may include measurements of skid marks, debris at the scene, flaws in the road, close-up images of the scene, analysis of the vehicles and the damage they incurred, time-distance calculations, and the collision ratings and braking systems of the vehicles involved. Investigators can also get footage from traffic cameras, store surveillance cameras, and even from private individuals who took videos or photos of the crash through subpoenas.

When initiating a suit after a car crash, attorneys will often rely on experts who will testify regarding the evidence gathered at the scene. These experts are witnesses who, because of their education or profession, have special knowledge that enables them to provide an opinion regarding the accident.

In order to preserve evidence for investigators, individuals involved in car accidents should take certain steps. They should ensure that they get a police report from the responding police officer at the scene of the crash. They should also be able to produce car maintenance records that may either show the crash was not caused by vehicle failure or that, in fact, vehicle failure was a contributing factor in the accident. Medical records and receipts relevant to injuries will also be important for determining damages, as well as work absence and pay records.

If you or a loved one was involved in an automobile collision and are seeking compensation for your injuries, the attorneys at Bice Law, LLC can help you navigate the complexities involved in crash cases that may involve extensive analysis of forensic evidence. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!

Tractor Trailer and Bus Collision in North Carolina

Share

  Tractor Trailer and Bus Collision in North Carolina
Charlotte, NC Personal Injury Lawyer

According to a news report, a tractor-trailer rear-ended a bus carrying migrant workers near Tarboro, North Carolina, last September. The accident injured twenty-six people, two of whom suffered serious injuries and were flown to Vidant Medical Center in Greenville. According to the authorities, the tractor-trailer was traveling east when it crashed into the rear of the bus, causing the bus to overturn and land in the left freeway lane. Then, the tractor trailer veered onto the right shoulder, straight into an embankment, and rested along a wood line.

                                              Failing to Reduce Speed

Investigators indicated that the driver of the tractor-trailer was driving sixty to sixty-five miles per hour and the bus was traveling at around forty-five miles per hour when the crash occurred. Therefore, the tractor-trailer driver was charged by the police for failing to reduce speed.

According to recent studies, one of the reasons for failure to reduce speed is that a truck may be overweight. An overweight truck has far less maneuverability and may have loss of steering control. A truck’s excess weight can damage its various components and cause serious defects such as tire blowouts and brake failure. Extra weight may cause a truck to jack-knife and roll over if a truck requires to make a sudden stop. Additionally, overweight trucks take longer to brake to a complete stop and are more prone to collisions.

The <a href="http://ops their website.fhwa.dot.gov/Freight/sw/overview/index.htm”>Federal Highway Administration regulates the maximum gross vehicle weight on interstates at 80,000 pounds. According to the Truck Safety Coalition, a group dedicated to increasing truck safety, the chances of a large truck accident resulting in deaths and serious injuries increase with each extra ton of weight over 80,000 pounds, and that  a 100,000-pound truck takes 25% longer to stop than an 80,000-pound truck.

                                                 Licensing Requirements

According to the article, the bus driver will be charged with failing to have a Class B driver’s license, which is required to transport sixteen or more passengers.

Carriers have the duty to take steps to help prevent injury to the driving public by ensuring that its drivers are competent to operate commercial vehicles. If a company that operates commercial motor vehicles knowingly entrusts the use of a vehicle to a person who is incompetent, reckless, irresponsible, or otherwise unqualified to safely operate a commercial vehicle, the company may be held liable if an accident occurs as a result. Companies have an affirmative duty to investigate the drivers that they hire and ensure that they are qualified.

Negligent retention occurs when a commercial motor carrier learns during the course of a driver’s employment that he or she is incompetent but continues to retain the driver and allow him or her to operate a commercial vehicle. Under federal regulations, drivers are disqualified from operating commercial vehicles for driving without a commercial driver’s license. In this case, if the bus driver did indeed fail to possess a commercial driver’s license while driving the bus, the company that operates the bus may be liable for injuries stemming from the accident.

If you or a loved one was involved in truck accident and are seeking compensation for your injuries, the attorneys at Bice Law, LLC can help you navigate the complex issues involved in commercial motor vehicle crashes. Contact us today for a free initial consultation.

                       Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

 

 

Share
Share this article on Social Media!