Fayetteville Car Accidents
People come to Fayetteville for many reasons. In addition to those who were born and raised in or around Cumberland County, many current residents are here serving their country at Fort Bragg or Pope Army Airfield or working at one of the nation’s top defense industry contractors. On any given day, there may be many visitors in town to enjoy the historic offerings or regional shopping opportunities, or just to take a break from travel along nearby Interstate 95 or Interstate 295. Unfortunately, the growing amount of traffic in and around Fayetteville has resulted in an increasing number of car wrecks . If you have been hurt or have lost a loved one in a wreck caused by a careless driver, the Fayetteville car accident attorneys at Maurer Law can guide you through the steps of seeking fair compensation for what you have been through.Establishing Liability After a Car Accident
It is important to understand that the plaintiff has the burden of proof in a car accident case. This means that they must show that the defendant’s failure to act in a reasonably prudent fashion was the cause of the crash. Under North Carolina law, the plaintiff’s own negligence must not have contributed to the accident, or else they will be barred from receiving compensation under the doctrine of pure contributory negligence.
There are four elements to a negligence action. The first is a duty of care. This means that the plaintiff must show that the defendant needed to act according to a certain standard. This is usually accomplished through reference to a statute, a local ordinance, or the rules of the road. The second element of negligence requires the plaintiff to show that the defendant breached the duty that was owed. This is usually a factual question that may be resolved through the testimony of eyewitnesses, experts such as accident reconstructionists, police reports, or photographs of the accident scene.
After the elements of duty and breach have been established, the plaintiff also needs to prove that they suffered damages and that those damages were a proximate result of the car wreck. If the plaintiff can establish each of these elements, they may recover compensation for pain and suffering, lost wages, medical expenses, property damage, and other losses caused by the wreck. In cases of particularly egregious conduct by the defendant, punitive damages may also be a possibility. The plaintiff’s spouse may also ask for reimbursement for loss of consortium when appropriate. In wrongful death cases, the victim’s estate may seek compensation for funeral and burial expenses, lost earnings, and other losses.Protect Your Rights by Consulting a Car Accident Attorney in Fayetteville
At Maurer Law, our injury attorneys handle many types of motor vehicle accident cases, including car wrecks, truck collisions, motorcycle crashes, and even bicycle and pedestrian accidents. You can schedule a free and confidential case evaluation by contacting us online or calling (919) 229-8359. Our Fayetteville car accident lawyers can ensure that your case is thoroughly investigated, procedural deadlines are comfortably met, and your rights are asserted throughout settlement negotiations or at trial. Let us handle the legal complexities of the situation while you focus on the recovery process.