Car Accidents

December 20, 2017

Effect of Personal Injury Lawsuit on North Carolina Workers’ Compensation

In a recent North Carolina appellate decision, the plaintiff was awarded workers’ compensation benefits after a car accident. The appellate court reversed on the basis that the plaintiff had chosen to settle his personal injury lawsuit against a third party without the defendant’s consent and had gotten a disbursement of settlement proceeds. According to the appellate court, this meant he was barred from obtaining workers’ compensation under the Workers’ Compensation Act. The plaintiff asked the North Carolina Supreme Court to review.

The case arose when the plaintiff slipped while working with a manhole cover as a utility technician. He hurt his shoulder and neck. The city, his self-insured employer, accepted his claim for workers’ compensation. The city authorized his treatment with a particular doctor, who restricted him from working for a certain period. When that period concluded, the plaintiff asked for a note to stay out of work because he continued to be in pain.

While going to an office to get the note, the plaintiff got into a car crash and experienced a traumatic brain injury. He was taken to the hospital and asked his wife to call his supervisor and let him know about the accident. The wife contacted the supervisor and told him the plaintiff was in a car crash while going to get a note to stay out of work, and he wouldn’t come into work. The plaintiff also had a conversation with his supervisor, his safety manager, and other coworkers about his car crash.

December 13, 2017

Uninsured Motorist Coverage and Arbitration in North Carolina

by Maurer Law

In a recent North Carolina car accident case, an insurer appealed from a judgment confirming an arbitration award in favor of a plaintiff in a motor vehicle collision. The case arose from a 2013 motor vehicle collision. The insurer was the plaintiff’s uninsured motorist insurer. Under his policy, it was to pay the plaintiff compensatory damages if the plaintiff was hurt by a driver who was at fault but had insufficiently high liability coverage.

After the collision, the plaintiff settled with the defendant’s insurer and was advanced $35,000, which included the maximum medical payment and the liability limits. However, the insurer and the plaintiff couldn’t settle on the total amount of damages, so the plaintiff asked for arbitration under the policy provisions.

A panel of arbitrators awarded $110,000. This didn’t consider interest or costs in determining the award. The plaintiff moved the trial court to confirm the award. The lower court entered judgment for $110,000 plus pre-award interest and post-award interest. The insurer appealed.

December 6, 2017

No Wrongful Death Liability in North Carolina for Speed Study

by Maurer Law

In a recent North Carolina car accident decision, a plaintiff filed a claim for damages against the North Carolina Department of Transportation under the Tort Claims Act. He asked for damages of more than $1 million. He claimed that the DOT’s employees were negligent in maintaining, designing, and installing the right safety mechanisms or warnings and speed limits in a curve on a road next to a pond.

The Deputy Commission entered a denial of the plaintiff’s claims. The plaintiff appealed, and the Commission amended its decision. However, a majority of the commission affirmed the denial.

The case arose when the plaintiff was bringing firewood to a home at the end of a two-lane residential road in a rural area. There was a short straight section at the start of the road with a double curve around the pond. At the time, there weren’t warning signs for the double curve or the 90-degree turn.

November 15, 2017

Credits and Setoffs From Uninsured Motorist Coverage Payments in North Carolina

by Maurer Law

In a North Carolina car crash decision, the plaintiff appealed from a trial court’s judgment that permitted the defendant’s motion for credits and setoffs against the tort judgment received by the plaintiff through their underinsured motorist coverage insurer. The trial court found that the insurer had waived its right to subrogation and didn’t have any further duty.

On appeal, the plaintiff argued that the trial court shouldn’t have permitted the credit, and it was an abuse of discretion not to let the plaintiff depose the defendant’s insurer, among others.

The case arose when the plaintiff sued the defendant, trying to obtain damages after a car crash. The jury found that the defendant’s negligence caused the plaintiff’s injuries, and the damages were $263,000. The defendant filed a motion for setoffs and credits against this judgment. The trial court reduced the award to $230,000.00 after making a finding that the defendant was entitled to credits or setoffs that totaled $33,000.00, based on the defendant’s motion. It found setoffs and credits would need to be applied so that the judgment would be $230,000.00. The order found that the parties had disagreed about whether the defendant should get a credit for what the plaintiff had gotten from their underinsured motorist coverage insurer.

November 1, 2017

Car Accidents and Wrongful Death in North Carolina

by Maurer Law

A 44-year-old woman was involved in a Charlotte car accident that resulted in the death of another driver. The accident happened at night on Freedom Drive. A man was making a U-turn on Freedom Drive when the woman’s white Chevy Silverado hit the passenger side of his car and sent it into the outbound lanes. He was taken to the hospital and was later pronounced dead. The woman and the passenger in her car weren’t injured.

The woman was speeding, and after she hit the decedent’s vehicle, she drove off the road and hit a utility pole. Power lines fell, and the pole split. The woman was charged with involuntary manslaughter, careless driving, reckless driving, and speeding.

If a loved one is involved in a car accident caused by someone else that results in his or her death, you may be able to bring a wrongful death lawsuit against the at-fault driver. Wrongful deaths in North Carolina are those caused by someone else’s fault, neglect, or wrongful act. The decedent must have had the right to sue for his own injuries had he survived. A wrongful death lawsuit is brought to put the surviving members of the decedent’s family into the same financial position in which they would have been if the decedent hadn’t died. It is wholly separate from a criminal proceeding for manslaughter or murder that may also be brought by a prosecutor.

October 4, 2017

Compensatory and Punitive Damages for Wrongful Death in North Carolina

by Maurer Law

In a recent North Carolina wrongful death case, the defendant appealed after a jury awarded the plaintiff compensatory and punitive damages for his wife’s wrongful death. The defendant was driving on a two-lane road early one morning when she lost control of the car, crossed over into an oncoming lane of traffic, and hit the plaintiff’s wife, who was a pedestrian on the other shoulder of the road. The wife was seriously injured, and a few days later, she died.

During the first half of the trial, the jury considered compensatory damages, and in the second half of trial, the jury addressed punitive damages. The husband put on evidence about his actual damages, including the proof he’d suffered harm before her death. The jury awarded the husband $4.25 million in compensatory damages. In the punitive damages phase, the jury listened to evidence that the defendant was a student who worked part-time, that she drank alcohol early that morning, and that she had a BAC above the legal limit two hours after the accident happened. $45,000 in punitive damages was awarded.

The defendant moved for a new trial, but the lower court denied the motion. She argued that the plaintiff’s questioning of the jury had violated her due process right to a bifurcated trial because the questions involved issues relevant only to the punitive damages claim. The appellate court explained punitive damages can’t be recovered when a defendant isn’t found liable for compensatory damages under N.C. Gen. Stat. § 1D-15. To make sure the jury doesn’t award compensatory damages based on issues relevant only to punitive damages, the North Carolina legislature has granted defendants the right to bifurcated trials that will allow liability issues to be tried separately from the amount of punitive damages. During the trial, the plaintiff isn’t permitted to introduce evidence about punitive damages during the phase of compensatory damages.

September 20, 2017

Wagon Train Accident and Wrongful Death in North Carolina

by Maurer Law

Recently, there was an accident in North Carolina in which one person was killed, two were injured, a horse had to be put down, and another horse was sent for veterinary care. A pickup hit a wagon train, and a witness said it sounded like a bomb exploded. The wagon train was run by a group of hobbyists, and it crossed the county every Labor Day weekend. There were 18 wagons and 20 horses in the wagon train. Due to the accident, Labor Day events were canceled.

If a loved one is killed in an accident, you may be able to bring a North Carolina wrongful death lawsuit. Each state defines wrongful death slightly differently and has its own rules about who can bring this type of lawsuit. Under North Carolina law, a wrongful death is one that’s caused by somebody else’s wrongful act, default, or neglect. In this way, it’s like a personal injury claim, but the injured person isn’t able to bring the case himself or herself. The decedent’s estate can sue for damages.

The wrongful death lawsuit is separate from any criminal charges that may be brought. While the personal representative of the decedent’s estate files the wrongful death lawsuit, a prosecutor files a criminal case. Both can proceed at the same time, and they can have different outcomes, due to the differing burdens of proof in each. The burden of proof in a criminal case is “beyond a reasonable doubt,” which means a criminal case can be defeated by simply raising a doubt about guilt in the minds of the jurors. In contrast, the burden of proof in a civil case is merely “preponderance of the evidence,” which means the plaintiff needs to show their version of events is more likely true than not true.

July 12, 2017

Contributory Negligence in Rear-End Accidents in North Carolina

by Maurer Law

An interesting unpublished 2013 appellate decision related to contributory negligence arising out of a rear-end car accident. The plaintiff sued the defendants, arguing that the accident happened as a direct result of their negligence. She voluntarily dismissed one of the defendants but took the other defendant to trial.

The case arose when the plaintiff and the defendant were driving southbound when the defendant rear-ended the plaintiff. The plaintiff had been driving at about 35 mph when she signaled to make a left turn. She was starting the turn when she was hit on the rear passenger side of her car. The defendant had been following the plaintiff and felt aggravated by the slow speed of the plaintiff, and she said that there was no turn signal when the plaintiff suddenly stopped. The defendant braked and turned right to try to avoid hitting the plaintiff.

After the crash, the plaintiff’s car went to the right of her driveway and moved through her yard before hitting trees and a deck and landing on its side. The impact resulted in the deployment of the airbags. The windshield shattered. The plaintiff’s body was pushed back, while her head moved forward, and she had to be taken out of the car by firemen. She suffered injuries to her neck and back and had medical bills of about $12,500. However, when the accident happened, her driver’s license had been revoked, and she didn’t have a license to operate a car.

July 5, 2017

Airbags in North Carolina

by Maurer Law

Many drivers feel secure because they believe that if there is a serious accident, their airbag will deploy and possibly save them from catastrophic or fatal injuries. Many North Carolina residents who suffer from injuries arising out of a car crash point out, “My airbag never went off.” They have this reaction even when it would have made no difference to their injuries. However, airbags aren’t designed to go off in every crash and situation.

Back in 1999, the federal government changed the standards for airbags, noting that airbag deployment sometimes caused serious injuries or even death. Those at particular risk were kids, small adults, and sometimes occupants who weren’t wearing a seatbelt. Due to the change in standards, car manufacturers developed sensors that evaluate different data points including deceleration and make a determination about whether to deploy the airbags. Some sensors exist outside the car and react to an object hitting the car, while others are inside and relate to the occupants’ weight and size. Airbags can sometimes deploy when the bottom of the vehicle hits a low object on the road.

In some cases, an airbag can kill or injure someone, although such injuries and fatalities are rare. If your airbag didn’t go off when you thought it should have, as a plaintiff you’d have to show what’s called an “enhanced injury” as a result of the failure. This means you’ll have to show your injuries were worsened or exacerbated because of the failure. In most cases, this is hard to do and viable only in cases involving catastrophic injuries or a wrongful death.

March 15, 2017

Effect of Workers’ Compensation Lien on North Carolina Personal Injury Recovery

by Maurer Law

A recent North Carolina appellate case considered the effect of a workers’ compensation claim on an employee’s recovery in a lawsuit against a third party. The plaintiff was hurt in a car crash while driving in a company truck on a highway. The defendant rear-ended him, and the force caused the truck to hit another vehicle. The plaintiff’s neck was seriously injured.

The unnamed defendants, the employer, and its workers’ compensation insurer accepted the plaintiff’s workers’ compensation claim and paid him $7,432.13 in workers’ compensation medical benefits and indemnity payments.

He sued the defendant, claiming that the defendant negligently caused the accident. At the trial, evidence was presented on the issue of the workers’ compensation benefits paid to the plaintiff. The judge reduced the recovery by the benefits so that judgment against the at-fault party was $3,576.87 plus interest. This judgment was in compliance with N.C. Gen. Stat. § 97-10.2(e). However, the judge entered an amended final judgment providing for a judgment in favor of the employer in the amount of $7,423.13. In the first judgment, the amount of benefits was deducted from the plaintiff’s recovery, but in the second, a sum was specifically awarded to the employer. The plaintiff’s damages stayed the same.