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Archives for September 2014

September 5, 2014 by TatumlegalAdmin

Even if Plaintiff Is Negligent, Defendant May Still Be Liable in North Carolina If the Accident Could Have Been Avoided

It seems axiomatic that if one car hits another, the first car is responsible for the collision. wrecked-car-2-110400-m[1]

It isn’t always that simple. In North Carolina, if the plaintiff driver brought the collision on himself or herself by his or her own action or inaction, the defendant may escape liability because of the plaintiff’s contributory negligence. Where the evidence before the court could support a jury finding of contributory negligence by a plaintiff, the trial judge will give the appropriate jury instruction to advise the jury what factors are proper for them to consider before reaching their verdict.

The defendant is not completely in the clear, though, even if the evidence supports a finding that a plaintiff has been contributorily negligent.

[Read more…]

Filed Under: Automobile Accidents

September 2, 2014 by TatumlegalAdmin

Deputy Sheriff Responding to Call With Flashing Lights Could Still Be Liable for Crash

police-car-126271-m[1]A law enforcement officer driving his or her official vehicle must sometimes violate traffic regulations, such as stop signs, traffic lights, and speed limits, to pursue a suspected lawbreaker, or to drive as fast as possible to the scene of a serious crime or accident.

The officer is required to weigh the necessity of the high-risk driving against the risk to civilians.

A recent case involved a speeding sheriff’s deputy, who crashed into a driver emerging into his path from a residential neighborhood, causing both the deputy and the driver to be injured.

[Read more…]

Filed Under: Automobile Accidents

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We serve the following localities:

Cabarrus County including Concord and Kannapolis; Catawba County including Newton; Gaston County including Belmont and Gastonia; Iredell County including Mooresville and Statesville; Lancaster County including Lancaster; Lincoln County including Lincolnton; Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Pineville, and Mint Hill; Rowan County including Salisbury; Union County including Indian Trail and Monroe; and York County including Fort Mill and Rock Hill.

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Charlotte, NC 28210

Phone: (704) 307-4350

Fax: (704) 754-4140

 

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Charlotte, NC 28222

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Rock Hill, SC 29730

Phone: (803) 220-3440

 

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