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The thriving city of Durham has much to offer. One of the vertices of the Research Triangle and home to Duke University (as well as North Carolina Central University), Durham has seen steady population growth and promising economic expansion in recent years. While this is beneficial for the community, such progress comes with certain perils, including an increasing number of car accidents on highways such as Interstate 40, Interstate 85, and Interstate 540, as well as local roads and city streets. The Durham car accident lawyers at Maurer Law represent people who have been hurt or lost loved ones in the Durham-Chapel Hill metro area, and we welcome the opportunity to assist you with your case.
Motor vehicle collisions happen with alarming frequency in North Carolina and across the U.S. When a car wreck leaves an innocent motorist, passenger, or pedestrian with serious injuries, they have certain legal rights, including the right to seek compensation to help pay medical expenses and offset lost wages. In addition, an accident victim may also pursue payment for pain and suffering, and their spouse may be able to claim damages for loss of consortium. In tragic situations in which a family has lost a loved one in a fatal car accident, the personal representative of the deceased person’s estate may pursue a wrongful death claim under North Carolina law, seeking payment for the victim’s medical bills and funeral and burial expenses, in addition to compensation for losses such as the loss of the victim’s society and companionship.
However, the payment of damages to an injured person (or a deceased person’s family) is not automatic. In a personal injury case, the burden of proof is on the plaintiff to prove their case by a preponderance of the evidence. In negligence cases arising from automobile accidents such as car wrecks, this requires proof of four elements: duty, breach of duty, causation, and damages.
Unfortunately, North Carolina’s pure contributory negligence law prevents plaintiffs whose own carelessness contributed to an accident from recovering damages against the defendant, even if the defendant was mostly at fault. This is a very harsh law that is only followed by a handful of states. Still, it is the law in North Carolina, and it is very important to deal with the possibility of such a response by a defendant aggressively and promptly. Our car accident lawyers know how to approach these situations.
If you have been struck by a careless driver, it is important to talk to a seasoned Durham car accident attorney about your case as soon as possible, before evidence starts to decay and the defendant’s insurance company starts to craft a strategy to dodge liability. It is also important to promptly comply with procedural guidelines like the statute of limitations, which restrict the time window for taking legal action. To schedule a free consultation with a member of our team, call Maurer Law at 919-229-8359 or contact us online. We can assist people who need an injury lawyer throughout the Durham area and elsewhere in the Research Triangle.