Motor vehicle accidents occur with greater frequency during rush hour. Not only are more vehicles on the road, but also drivers may be aggressive on their commute to and from work. If you or a loved one has suffered injuries in this type of collision, Raleigh car accident lawyer Carl Nagle can help you seek compensation from all responsible parties. Auto accident victims who were not at fault are entitled to recover damages following a crash, and at Nagle & Associates we make it our goal to maximize your legal compensation. Mr. Nagle understands the importance of proving all damages and anticipating insurance company defenses to claims for recovery. Before practicing as a car accident attorney, he worked as an insurance defense attorney and also as an insurance claims representative, which means that he is often strategically a step ahead of the other side. We have successfully secured hundreds of millions of dollars on behalf of North Carolina car accident victims, including many people in Asheville, Wilmington, and Winston-Salem.
Victims of Rush Hour Accidents in North Carolina Have a Right to Compensation
People commuting back and forth to an office in the peak hours of the morning and afternoon can increase their safety by paying attention to the road and not driving aggressively. Unfortunately, people often succumb to impulses of road rage or distractions like cell phones during their daily commute. Following a car accident, a victim can pursue a legal claim against the driver who was responsible. Bringing a personal injury lawsuit is a method to recover costs related to the property damage and physical injuries that resulted.
Many victims, as plaintiffs in a personal injury lawsuit, pursue a claim against a defendant driver under a negligence theory of law. Negligence is a failure to use reasonable care under the circumstances. If a plaintiff successfully demonstrates that a defendant’s negligence directly caused an accident, resulting in injuries, the only remaining issue is assessing damages. However, the defendant may present the defense of contributory negligence.
North Carolina’s contributory negligence law prevents a plaintiff from recovering damages stemming from an accident if the plaintiff was partially responsible for causing the crash. For example, in rush hour traffic, if the plaintiff was driving above the speed limit, forcing her to stop suddenly, and the defendant driver rear-ended her, the defendant may argue that the plaintiff partly caused the accident by the speeding that resulted in the sudden stop. A judge or jury that holds the plaintiff partly responsible would generally preclude the plaintiff from recovering damages in a personal injury lawsuit.
One way that a plaintiff can possibly overcome a contributory negligence defense is by advancing the “last clear chance” doctrine. Even if the plaintiff did partly cause the accident, if the defendant had the last clear chance to avoid the collision, the plaintiff would not be barred from receiving compensation. In a personal injury lawsuit following a rush hour collision, the last clear chance doctrine can prove indispensable.
The types of compensation that a successful plaintiff may recover in a personal injury lawsuit include both economic and non-economic items. Economic compensation includes hospital bills, medical costs, and property damage, among other examples. Non-economic damages are those that are less quantifiable, such as emotional pain and suffering and loss of consortium.
Discuss Your Rush Hour Accident Case with a Raleigh Attorney
Following a collision, victims and their family members have legal rights. At Nagle & Associates, Raleigh rush hour accident lawyer Carl Nagle only practices in the area of motor vehicle collision law, advancing the interests of seriously injured individuals. Our law firm strives to leave our clients financially secure, and for this reason we offer legal fees that are much lower than those required by other firms. At Nagle & Associates, we understand how traumatic injuries may affect a victim’s past and future health. At all seven of our offices, we offer personal attention and efficient service. We have helped North Carolina residents in cities such as Asheville, Winston-Salem, Wilmington, Hickory, Greensboro, and Charlotte, in addition to other communities throughout Wake, Forsyth, Guilford, Mecklenburg, Durham, Brunswick, Cumberland, and Catawba Counties. If you need a knowledgeable motor vehicle collision attorney to assert your rights, call our office for a free consultation at (800) 411-1583 or contact us online.