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Personal Injury

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Personal Injury

Criminal Defense Attorney Tyler Chriscoe explains when you can and can’t leave the scene of a crime.

Crashes Are Scary

Crashes are scary.  But North Carolina law is clear.  If you are involved in a crash there are three things you have to do.

  1. Stop the Vehicle
  2. Remain with the Vehicle
  3. Do not move the Vehicle unless authorized to do so

If you are in a crash, it is a crime to drive away, walk away, or even move the vehicle. Punishments for hit-and-runs can be severe and like most crimes, it depends on the severity of what happened.

When Can I Leave an Accident?

There are some times when you can leave the scene of an accident.  Some examples would be,

  1. If you staying on the scene puts yourself or somebody else at risk of injury.
  2. If you need medical attention.
  3. Any time an officer allows you to leave the scene.

When Can I Not Leave an Accident?

There are some reasons why you should not leave an accident.

  1. Being scared or anxious.
  2. Not knowing what to do.
  3. Having to be somewhere else by a certain time.

Law enforcement is going to be the one to decide when you can and can not leave.

Can I Leave a Small Fender Bender in a Parking Lot?

If there is no injury and you think the property damage will be less than $1,000, the parties involved in the accident can agree to exchange information without involving law enforcement. But, keep in mind that property damage can easily be more than $1,000.

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Hopefully, this message reaches you before you are involved in a car crash and you’ll know what to do. But, if it’s reaching you too late and you’ve already been charged with hit and run, the best thing that you can do is to call an experienced criminal defense attorney. McMinn, Fradin, Gray & Logan has been helping people charged with crimes for over 30 years. So if you’ve had a hit-and-run, give McMinn, Fradin, Gray & Logan a call today. If you have been charged with a hit and run contact us to discuss your options.

Criminal Defense and Traffic Attorney Tyler Chriscoe, explains there are a few times when it is not acceptable to leave the scene after an accident. For instance, being scared or anxious about being in a wreck or not knowing what to do. While that can be a reasonable reason to leave, it is not actually validly lawful. Also, saying you had somewhere you needed to be will not go very far in a court of law either.

If you have been charged with leaving the scene of an accident it’s important to have an experienced lawyer on your side. Contact us to discuss your options.

A trusted civil law attorney discusses wrongful death lawsuits and addresses some common concerns people often have.

How long do I have to file a wrongful death lawsuit?

A wrongful death lawsuit must be filed within two years of the date of death.

Can you go to jail as the result of a wrongful death lawsuit?

No. A wrongful death lawsuit is a civil matter, not a criminal one. Charges may be taken out as the result of the death, but they won’t result from the civil lawsuit.

What does a wrongful death settlement look like?

The beneficiaries are entitled to lost wages, funeral expenses, accumulated medical bills, some punitive damages, and sometimes emotional distress.

How do you prove emotional distress in court?

Emotional distress is proven through a combination of testimony by those affected and advocacy by an experienced attorney.

If you’ve lost a loved one through someone else’s negligence and want to file a wrongful death lawsuit, call one of our attorneys today.

According to Criminal Defense and Traffic Attorney Tyler Chriscoe, sometimes it is legal to leave the scene of a crash but only in rare circumstances. For example, if staying would put you or anyone else in harm’s way.  It is also alright to leave the scene should you require serious medical attention, not for a cut or bruise. But you can move their vehicle from the scene as long as you remain at the scene of the crash. Moving the vehicle should not cause more damage to the road.

An esteemed Civil Attorney discusses wrongful death and survival actions in North Carolina.

What are wrongful death and survival actions?

These are civil lawsuits that arise when the death of a loved one is caused by the negligence of someone else.

What is the difference between wrongful death and survival action?

In a wrongful death suit, it is the decedent’s next of kin determined by statute that brings the lawsuit forward, usually this is a spouse, parent(s), or child(ren). In a survival action, it is the estate that brings the lawsuit.

Wrongful death and survival actions are complex and they arise at an extremely trying time, when people have just lost a loved one. If this has happened to you or someone you know, we’re here to help. Give us a call.

Criminal Defense Attorney Tyler Chriscoe explains why having insurance is important and why you may not actually be covered even when you have an active policy.

It’s the Law

In North Carolina, the law makes it a misdemeanor to operate a vehicle without insurance. The state has set a goal to protect its citizens and its roadways from damage caused by auto accidents. As a result, insurance is a requirement to make sure any damages are taken care of.

Personal vs Commercial Auto Policy

One size does NOT fit all. Insurance companies have personal auto policies and commercial auto policies. Each policy has a specific rating and covers certain types of activities that are particular to that policy. Many insurance companies will not provide coverage when a person is using their personal vehicle for business or commercial use.

  • Personal insurance policy is for personal use.
  • Commercial insurance policy is for when a vehicle is being used for business purposes. This includes food delivery, rideshare, farm work, construction work, and maid services.

Am I Covered if I work for a Rideshare App?

Working for a rideshare app or other app-based delivery services are relatively new and it has been difficult for insurance companies to keep up. Some of these app-based companies will provide coverage for their drivers. For example:

  • Uber will provide full coverage, both liability and collision, while their driver is en route to pick someone up, and while they are driving them to their destination. Uber will provide lesser coverage when the app is on but nobody is in their car. Finally, they provide no coverage when a person has the app off and is not driving for them. At that point, the driver’s personal auto policy would be in effect. Lyft has a similar policy.
  • Instacart’s user agreement tells its drivers that they will not provide any coverage and that drivers should call their personal auto insurance companies to make sure they have the right policy. Grubhub has a similar policy.
  • Turo, an app that allows a vehicle’s owner to rent their personal vehicle out to third parties, provides standard liability coverage to the third-party driver. The app allows the owner to choose collision and comprehensive coverage with different plans that are priced differently. This applies to other familiar activities like pizza delivery drivers. So, if you are driving for Domino’s or Papa John’s you are going to run into the same situation.

Bottom Line

If you’re using your personal vehicle for business use or if you’re driving for an app based company, it’s important that you do a few things.

  1. Read very carefully the user agreement that is provided to you. The insurance details should be stated in that agreement.
  2. Call your insurance agent or company and ask them if you are covered.

Your claim can be denied if your insurance company finds out you were using your personal vehicle for work. And if that happens, several things might happen as well.

  1. You may have to pay out of pocket for damages that you cause in an accident.
  2. It’s far less likely that a D.A. will dismiss charges if you don’t have an active insurance policy.
  3. The DMV could indefinitely suspend your driving privileges for what’s called “failure to deposit security“.

Insurance is a subject that most people don’t like to discuss but Criminal Defense Attorney Tyler Chriscoe explains its importance. Insurance can be expensive and most of the time you don’t actually see the benefit of having it.

It’s the Law

North Carolina law makes it a misdemeanor to operate a vehicle without insurance. The state has set a goal of protecting its citizens and the people using its roads from damages caused by accidents. Most people can’t pay out of pocket for damages they cause. Insurance is required to make sure that any damages caused by accidents are able to be covered.

How North Carolina’s Strict Negligence Law Can Affect Your Injury Claim

[00:00:00] If you’ve been injured in an accident in North Carolina, it’s crucial to understand a legal doctrine known as “contributory negligence.” Our state is one of the few that still adheres to this outdated and strict rule, which can significantly impact your ability to receive compensation.

What is Contributory Negligence?

[00:00:06] Contributory negligence means that if you are found to be even slightly at fault for the accident—even as little as one percent—the insurance company can legally deny your personal injury claim entirely.

[00:00:29] The video provides a stark example to illustrate this point: imagine you are legally crossing a street in a crosswalk and are hit by a drunk driver who runs a red light. If you were looking down at your phone at the moment of the accident, an insurance company could argue that your distraction makes you 1% at fault, giving them grounds to pay you nothing.

Critical First Steps After an Accident

[00:00:12] Because of this harsh rule, the actions you take immediately following a crash are vital for protecting your rights.

  1. [00:00:15] Seek Medical Treatment: Your priority should always be your health. Seeking immediate medical care also creates an official record of any injuries you sustained.
  2. [00:00:17] Contact an Attorney Immediately: It’s essential to speak with a lawyer before speaking with an insurance adjuster. Insurance companies will try to get a recorded statement from you quickly, hoping you’ll say something they can use to assign partial blame and deny your claim.

How an Attorney Can Protect You

[00:00:57] The most effective way to protect your claim from being denied due to contributory negligence is to have an experienced attorney handle all communications with the insurance company right from the start. [00:01:04] An attorney understands how to navigate this complex legal landscape and will advocate on your behalf to ensure you are treated fairly.

A Personal Injury Attorney discusses the kinds of damages car accident victims can expect to receive in North Carolina. These are:

  1. General
  2. Special
  3. Punitive

Special damages include things like medical bills or lost wages. General damages include pain and suffering which insurance companies may not want to pay. While Punitive damages are designed to punish the defendant for some outrageous behavior, like drunk driving. If you’ve been injured in a car accident, be sure you’re getting all the damages you deserve. Call one of our Personal Injury Attorneys today!

Insurance companies are often viewed as prioritizing their own financial interests rather than the well-being of their policyholders. While they may not be inherently evil, their primary objective is to safeguard their bottom line. There are 3 top mistakes that can be made to decrease the amount of money you receive.

  1. Placing trust in the adjuster assigned to their case. Adjusters are tasked with gathering information and asking questions, but their ultimate goal is to find grounds to deny the claim. Therefore, it is crucial not to naively assume that the adjuster has their best interests at heart.
  2. Accepting a settlement offer that falls short of what the injured party truly deserves. Insurance companies have a clear understanding of the value of claims and often employ claims specialists or adjusters who may attempt to persuade claimants to settle for less. Without the knowledge of their claim’s true worth, individuals may unwittingly accept inadequate compensation.
  3. Failing to negotiate with the insurance company. While the initial offer presented by the insurer may seem reasonable, it may not be their final and highest offer. Without the expertise of someone experienced in negotiating with insurance companies, claimants run the risk of settling for less than they deserve.

To avoid making these mistakes, it is advisable to consult a personal injury attorney before taking any actions that could jeopardize the claim or result in an inadequate settlement.

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