Articles Posted in Car Accident

Drunk driving crashes can result in devastating injury accidents. Drunk drivers are often unaware of the road conditions around them and have reduced reaction time due to being intoxicated. If you are injured in a drunk driving accident, then you may have a claim against the person who was driving the vehicle that hit your vehicle. North Carolina also recognizes the dram shop liability doctrine, which holds certain entities like bars, hotels, and restaurants, liable if they overserve a patron and allow him or her to leave and get behind the wheel of a vehicle. If you believe that the driver who caused your injuries came from such an establishment, then it is worth looking into a potential cause of action against it. Attorney Jason Burton is prepared to assist you with all phases of your claim including investigating and gathering evidence to ensure that you hold the right people responsible.

Recently, an appellate court in North Carolina issued an opinion in a case that involved a cause of action against a restaurant based on the state’s dram shop liability statute. The defendant named in the complaint was the owner of a series of restaurants that were franchised throughout North Carolina. The defendant provided information to the franchisees on what intoxication looked like and how to prevent it. Also named as a defendant in the action was a patron who routinely spent time at one of the restaurant locations. According to allegations in the complaint, during a period of roughly seven hours, he was served between 13 to 15 alcoholic drinks. The complaint also alleged that one server was primarily responsible for providing him these drinks and that her shift ended before the restaurant closed. Another server took her place and determined that the patron should be cut off from ordering more beverages. This server also provided food for the patron to eat to offset some of his intoxication. After consuming the food, the patron left the restaurant and caused a motor vehicle accident to occur on Interstate 26.

The plaintiff asserted a negligent supervision claim in his complaint alleging that the restaurant did not properly supervise employees, specifically the two who served the intoxicated man, when it came to how many drinks they were providing. The restaurant moved for a directed verdict on the negligent supervision claim and the court granted it, finding that the complaint did not provide enough evidence to suggest that the servers were incompetent. The dram shop liability claim went to the jury, which ultimately concluded that the restaurant was not responsible for the accident and the plaintiff appealed. The basis of the appeal was that the jury instructions provided to the jury were inappropriate. The plaintiff had requested a set of special jury instructions, but the appellate court concluded that they were not appropriate and that the lower court did not make an error in failing to provide them to the jury.

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Establishments that sell alcohol have a duty under North Carolina law to ensure that they do not serve alcohol to intoxicated patrons. The laws also extend to social hosts that serve alcohol at a party or gathering.  These laws are called dram shop liability laws and they are important to understand if you were involved in an accident with a drunk driver. Although personal injury accidents happen in many different ways, drunk driving car accidents are one of the more common situations. The impact of a drunk driving accident can be devastating for the victim. These accidents routinely happen at high speed or in extremely dangerous ways such as head-on collisions. Raleigh DUI accident lawyer Jason M. Burton is prepared to help you analyze your potential legal rights following an unnecessary accident with a drunk driver.

A recent case analyzed the application of North Carolina’s dram shop liability statute. The laws generally hold restaurants, bars, hotels, and other retail establishments that serve alcohol liable for serving an intoxicated patron who later causes an accident in North Carolina. The court was asked to analyze whether the plaintiff in the case was contributorily negligent. This is a legal term used to describe instances where the plaintiff was negligent when the accident happened, and the jury or judge determines that this negligence contributed to the plaintiff’s own injuries.

In the case, the defendants operated a hotel that featured a bar. A couple checked into the hotel and went to the bar where they began drinking. During the evening, the couple ordered a total of 24 alcoholic beverages and the wife consumed at least ten of these. She was so inebriated at the conclusion of the evening that staff members at the hotel were required to assist her to her room using a wheelchair to transport her. When the husband woke up the next morning, his wife was unresponsive and later determined to have died. The cause of death was listed as alcohol poisoning.

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There are a variety of rules that must be followed in a civil case to ensure that your rights are protected and to secure the compensation that you deserve after you are injured in a car accident. Some examples include identifying the witnesses whom you intend to call at trial, having key evidence admitted into the record, and filing certain documents before time limits expire. It can be difficult to navigate these rules, which is why retaining a knowledgeable North Carolina car accident lawyer can relieve a lot of the stress associated with bringing a personal injury claim.

Recently, the North Carolina Court of Appeal issued an opinion in a case in which the parties disputed whether one of the parties could seek an appeal during the litigation before a final decision was rendered. The plaintiff operated a city bus when a vehicle struck the bus from the rear. The plaintiff was injured as a result of the crash and filed a claim against the driver of the vehicle that rear-ended the bus, alleging that the driver operated the vehicle negligently.

During the discovery phase, in which the parties obtain evidence from each other, the defendant filed a motion to compel the plaintiff to provide more thorough responses to some of the defendant’s discovery requests. The trial court granted the motion and issued an order stating that the plaintiff must provide more specific information about her health care providers and injuries before the accident, any mental disabilities that she suffered, and more information about her income and hours worked after the accident.

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One of the most stressful parts of a car accident unfortunately can be dealing with insurance companies that don’t want to honor the terms of their agreements by providing you with the policy limits. Whether it is your own insurance company or the at-fault driver’s insurance company, it is important to know whether you are being treated fairly, particularly if your injuries and financial damages are severe. Burton Law Firm prides itself on providing compassionate and responsive legal counsel to North Carolina car accident victims and is prepared to help you assert your right to compensation.

The North Carolina Court of Appeal recently issued an opinion in a case in which the parties disputed whether the victim of a car accident was entitled to a $1 million uninsured motorist policy that his employer maintained. The plaintiff was working as a construction worker and helping another employee back a truck out onto a roadway when he was struck by another car.

The plaintiff received workers’ compensation benefits for the crash through the insurance company, which also provided a workers’ compensation policy to the construction employer. The insurer also maintained a business auto coverage policy for the employer that had a $1 million limit for any situation involving underinsured or uninsured motorist coverage. The plaintiff also had a personal auto insurance policy that provided $250,000 for underinsured motorist coverage.

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