Known as an arts and music community and a thriving mountain community, Asheville is a vibrant city that has grown considerably over the last ten years. Many people choose to retire here, and we also have a thriving tourist and service industry. Unlike some other North Carolina cities, Asheville has carefully preserved its historic and architecturally diverse downtown. Many residents enjoy taking to highways and roads, including the Blue Ridge Parkway, to explore the city and the surrounding area. At Nagle & Associates, Asheville, NC car accident lawyer Carl Nagle represents victims of motor vehicle collisions that occur in Asheville and surrounding mountain communities.
Mr. Nagle and his staff of Asheville injury lawyers and legal assistants understand the severe and lifelong impact that may result from a collision involving a car, truck, or motorcycle. We aggressively pursue any responsible party to secure full payment of all money damages that our laws allow. Our Asheville personal injury law firm benefits from the inside knowledge of Carl Nagle and his experience as a former insurance claims adjuster and former insurance defense attorney. We only handle motor vehicle accident cases and our commitment to maximizing compensation on behalf of victims has successfully helped us recover over $290 million for North Carolina residents.Proving the Liability of a Negligent Driver
A personal injury claim allows the accident victim to receive payment for medical costs, lost wages and earning ability and additional money damages for pain, suffering and inconvenience arising from a car accident. The legal purpose of this compensation is to “indemnify” the victim, providing sufficient funds to put them in the position in which they were prior to the accident.
Under North Carolina law, a victim must prove fault, or liability, for the accident in order to recover compensation. A judge or jury will determine liability, unless the case settles outside the courtroom. Most cases do settle, but an aggressive attorney shows the opposition that you are ready to win at trial, and we also build the evidence on damages to ensure that you collect every penny that the law allows.
North Carolina also adheres to a contributory negligence rule, which serves as a defense to liability. The defendant, or the party against whom recovery is sought, can invoke this defense by arguing that the victim was partly responsible for causing the accident and his or her own injuries. If the victim is found to be slightly (even just 1%) at fault, they lose all claims and have no right to compensation for injury or property damage claims!
The pure contributory negligence law followed here in North Carolina is considered to be a harsh law. A plaintiff who is only minimally at fault will not recover any compensation from the defendant. There is an exception, called the “Last Clear Chance” doctrine. This rule considers which party could have avoided the accident. In a situation in which the plaintiff’s own negligence contributed to the accident, if the defendant had the opportunity to avoid the accident but failed to seize the last clear chance to avoid the incident, the plaintiff can recover compensation.
An example of the last clear chance doctrine might be a situation in which a pedestrian is walking with her back to traffic along the shoulder of the roadway. While this violates pedestrian safety laws, a jury may find that the defendant driver could have seen the plaintiff walking and that the defendant could have easily moved left and safely passed by the pedestrian. Under these facts, our courts have upheld the pedestrian’s right to recovery personal injury payment even though they were walking with traffic in violation of our traffic laws.Contact an Asheville, NC Lawyer after a Car Accident
At Nagle & Associates, we appreciate the importance of maximizing compensation on behalf of our clients. We gather and present thorough documentation of medical evidence and vocational status in order to fully prove all monetary losses arising from car, motorcycle and truck accidents. Asheville, NC car accident attorney Carl Nagle is thoroughly focused on client service, and we also charge a reduced percentage of the settlement award compared to other firms. Our fee is 25% of settlement where most firms charge 1/3 or 33.33%, and our trial/litigation fee of 1/3 is less than the 40+% that most firm’s charge following a successful personal injury trial. In addition, we provide a free, no-obligation consultation about your case by telephone or in person at your convenience. Contact us today to schedule an appointment with a motor vehicle collision attorney by calling our office at (800) 411-1583 or using the online form on this website.