Riding in a convertible, top-down, is one of the more liberating ways to travel. Many drivers enjoy the sense of freedom that comes with an open-air vehicle, and over the years, car manufacturers have increased safety features so that convertibles are better equipped to protect their passengers in the event of a collision. Even with these safety improvements, people throughout North Carolina continue to suffer serious injuries in convertible accidents. At Nagle & Associates, we represent people hurt in motor vehicle collisions, asserting their right to compensation from the responsible party. Raleigh car accident attorney Carl Nagle is particularly skilled at presenting legal arguments in a manner that overcomes defenses set forth by car insurance companies. Before founding our firm, Mr. Nagle worked in the insurance defense industry as an insurance claims adjuster and insurance defense lawyer. Our law firm only handles motor vehicle accident cases and over the past 20 years, we have recovered hundreds of millions of dollars for people throughout the state, including victims in Raleigh, Asheville, Winston-Salem, and Wilmington.Take Legal Action After Suffering Injuries in a Convertible Accident
Convertible crashes may cause catastrophic injuries and death. While the rate of rollover convertible accidents has lessened, there are inherent safety issues in a convertible. Since convertibles do not have a hard, fixed roof, they remain less crashworthy than the same model of vehicle with a hard top. Accidents in a convertible may have a tremendous impact on the lives of victims.
Victims who suffer injuries in a convertible accident may bring a legal claim against the driver or at-fault party that caused the crash. As a plaintiff in a personal injury claim, the victim must prove that the other driver did not operate their vehicle safely, as a reasonable person would handle it under similar circumstances. In some cases, this breach of the duty of care may stem from failing to pay proper attention to the road. Other times, drivers affirmatively engage in reckless conduct, such as speeding or aggressively changing lanes.
Despite the defendant’s fault, a plaintiff may be barred from recovery under the doctrine of contributory negligence. This legal rule may present a challenge to victims pursuing a personal injury claim. Since North Carolina maintains a pure contributory negligence doctrine, if the defendant can show that the plaintiff even minimally contributed to the accident, the plaintiff will not recover any damages. One way for a plaintiff to overcome this defense is to show that the defendant had the last clear chance to avoid the collision.
In some convertible accident lawsuits, the victim may pursue a claim against entities other than an at-fault driver. For example, if the vehicle had a defect that contributed to the injuries, such as a defective seatbelt that did not perform as intended, there may be a legal basis to pursue damages from the seatbelt manufacturer. The victim then might assert a product liability claim.
After suffering injuries in a convertible accident and demonstrating the fault of another driver or entity, victims may recover damages. Medical expenses, including the costs of emergency surgery and hospitalization, may be awarded. Victims may also be compensated for future medical expenses, as well as lost wages from the time of the accident to the conclusion of the lawsuit. When injuries affect earning capacity, a jury often will determine the amount of money that a victim likely would have earned if the accident had not occurred.
Other types of car accident damages include compensation for pain and suffering and emotional distress. If the defendant’s actions were particularly egregious, punitive damages may be awarded as well as compensatory damages, although this is not typical.
If a loved one was fatally injured in a convertible accident, a wrongful death claim provides a way to recover damages associated with this loss, including reasonable burial and funeral expenses, lost income, loss of the value of household services, and loss of consortium.Contact a Raleigh Attorney to Assert Your Legal Rights
At Nagle & Associates, experienced Raleigh lawyer Carl Nagle pursues maximum payment for vehicle accident victims throughout North Carolina. He stands ready to oppose insurance carriers and their defense tactics, and Carl also recognizes the importance of medical evidence and expert testimony in illustrating the impact of an accident on a victim’s life. Through careful development of collision evidence and medical testimony, we work to secure the highest possible tax-free settlement in every case. Our law practice is statewide, and we can even come to your home or office to get your case started. Our firm works on a contingency fee basis, so there is no legal fee unless AND until we collect money for you. If a trial is necessary to collect fair payment, we bring your case through trial in your home county. We have helped people who need a motor vehicle collision lawyer in Raleigh, Wilmington, Winston-Salem, Greensboro, Charlotte, Asheville, Hickory, and other cities throughout Mecklenburg, Wake, Forsyth, Guilford, Brunswick, Catawba, Durham, Cumberland, and New Hanover Counties. For answers and help today, please call us at (800) 411-1583 or reach us online and we will provide a free legal consultation.