North Carolina Teen Driver Accidents Attorney
All drivers owe others on the road a duty to drive safely, avoiding reckless behavior. Teenagers under the age of 18 are held to the same legal standard when it comes to obeying the rules of the road. These new drivers are at a higher risk of causing car accidents than more experienced drivers. If you or a loved one has suffered injuries caused by a teen driver, experienced Raleigh car accident attorney Carl Nagle and the staff at Nagle & Associates are ready to help. We have provided legal guidance for victims throughout North Carolina, including in Asheville, Winston-Salem, and Wilmington.
Seeking Compensation after a Teen Driver Accident
Many car accident lawsuits involve allegations of negligence, or carelessness, by the at-fault driver. A teenage driver owes a duty of care to others on the road, since they are engaging in an adult activity when driving. Some personal injury lawsuits or claims are brought directly against the teenager, while in other situations they are brought against the teenager’s parents. These claims are typically paid by the car insurance policy that covers the at-fault vehicle, and steps should always be taken to ensure that the insurance carrier involved pays the full value of all injury claims.
Victims of teen driver accidents usually allege that the teen failed to behave as a reasonable person would have behaved under similar circumstances. First, the victim would show the teenager owed a duty of care. All drivers must operate their vehicles safely, avoiding foreseeable harm to others on the road. Next, the car accident victim must offer evidence to prove that the teen breached this duty through careless conduct such as speeding, texting while driving, or ignoring posted road signage. The breach of the duty of care must have directly caused the accident and the victim’s damages.
Several types of damages may be sought in a personal injury lawsuit following a teen driver accident. Medical expenses often include hospital and emergency bills, physical therapy, and accessories like crutches and heat pads. Pain and suffering or other mental or emotional harm arising from the incident may be compensated as well. For example, disfigurement can lead to anxiety and shock, and mental anguish such as this may be compensated even though it is not physical in nature.
After being involved in an accident, some victims lose earning capacity due to time spent in a hospital, or other factors preventing them from earning their usual wages. Permanent injuries may make it impossible to return to your previous employment. It is very important to demonstrate the future impact of the accident on a victim’s physical, emotional, and financial condition. We can enlist knowledgeable medical and vocational experts for that purpose. Teen Driver Victim – Accidents When The Teen Driver Was Not at Fault
Teen drivers often endure injuries in auto accidents that were caused by other drivers. Under North Carolina law, if a teenage person suffers injuries in a motor vehicle collision, they have a legal right to compensation for all injury claims. However, if the victim is a minor child under the age of 18, the law requires a court hearing before the claim can be settled for the minor child’s benefit. In cases involving minors under 18 years of age, the claim for medical bills and care costs belongs to the child’s parent(s), and the minor child is entitled to separate compensation for pain and suffering. The court must approve a settlement before the settlement becomes final. The child’s payment for pain and suffering can either be held in an account with the Clerk of Court and made available to the injured minor upon reaching age 18, or a structured settlement can be put in place so that the settlement funds are paid out over time according to a payment schedule set up by the minor child’s parents or legal guardians.
Consult a Dedicated Car Accident Attorney in Raleigh or Beyond
Raleigh car accident lawyer Carl Nagle and the team at Nagle & Associates represent people in Raleigh, Winston-Salem, Wilmington, Asheville, Hickory, Greensboro, Charlotte, and other cities throughout Wake, Forsyth, Guilford, Brunswick, Mecklenburg, Durham, New Hanover, Catawba, and Cumberland Counties. We provide a case-specific plan for each client. Carl Nagle brings useful insights to his representation of victims from his experience as a former insurance claims adjuster and insurance defense attorney, strengthening the firm’s ability to anticipate and defeat potential challenges to fair compensation. Additionally, Nagle & Associates offers discounted legal fees. While other law firms typically charge 1/3 or 33% of a settlement award, our fee remains ¼ or 25% of the amount collected from the at-fault drivers and all insurance carriers. We have reduced our fee percentage because we want to leave a larger share of any settlement with our injured client, where it belongs. In the event that a case goes to trial, our firm charges 33% of any verdict, compared to the 40+% charged by many other personal injury firms. Contact our office today for a free consultation with a motor vehicle accident attorney by using our online form or calling (800) 411-1583.