That’s especially true for actions involving substantial injuries and wrongful death claims.

While it’s a somewhat common assumption that hit-and-run drivers act out of a momentary panic, substantial evidence suggests the contrary.

In fact, the truth is substantially more disturbing.

A shocking percentage of hit-and-run drivers are intoxicated and/or impaired by alcohol and drugs, and make the conscious decision to flee.

The literature indicates that this is not due to an uncharacteristic psychological or mental break, but rather from a self-centered mindset and the purposeful disregard for others.

That is one reason why Punitive Damages should be an integral aspect of such claims against the at-fault driver.

The incidence of hit-and-run wrecks is shockingly common. The purpose of punitive damages is clear. North Carolina punishes drivers who fail to stop and render aid – Danny Glover, OBX Accident Lawyer

This grim scenario paints a picture of not just recklessness, but a profound disconnect from the basic tenets of empathy and responsibility.

Victims left in the aftermath are too often the forgotten faces in these tragedies, their plight overshadowed by the callousness of those who, instead of helping, choose to escape the scene for entirely selfish reasons.

Understanding the Demographics of Hit-and-Run Offenders

From the perspective of attorneys who help clients injured in drunk driving accidents, understanding the demographics of hit-and-run offenders can be pivotal in holding the legally liable driver responsible and obtaining a full and fair settlement.

Statistical analysis indicates that a significant proportion of hit and run offenders are young males, often under the influence of alcohol or substances, which impairs their judgment and decision-making.

This demographic is well known to be categorically more prone to risky behaviors, including drunk driving, reckless driving, speeding, and fleeing the scene of an accident.

Their actions reflect a deeper societal issue, where certain groups are more likely to engage in behavior that disregards the safety and well-being of others.

Additionally, economic and social factors can influence the likelihood of fleeing an accident scene, with some individuals fearing the financial and legal repercussions more acutely.

This demographic insight is crucial for a plaintiff’s attorney in understanding the patterns of behavior that lead to such tragic incidents, aiding in developing strategies for justice and compensation for the victims.

Foundation for Traffic Safety: Research Brief

The National Highway Traffic Safety Administration or “NHTSA” datum from the Fatality Analysis Reporting System (FARs) indicates the number of hit and run fatalities has increased on annual basis since 2009, at a rate of 7.2 % per year.

The demographics of hit-and-run drivers are predominantly young males, often influenced by factors like alcohol or drug use.

This demographic is statistically more prone to engaging in risky behaviors, including reckless driving and fleeing after an accident.

Substance abuse significantly impairs their judgment, leading to poor decision-making in high-stress situations such as a collision.

These drivers often exhibit a lack of moral responsibility and a cavalier attitude toward the gravity of their actions, influenced by their impaired state.

Economic and societal pressures may play a critical role in the decision to flee.

The psychology behind hit-and-run incidents is complex, encompassing a myriad of factors that go beyond mere panic or fear.

It often involves a calculated decision to avoid facing the consequences, reflecting a deeper issue of moral and ethical disengagement – Danny Glover, Wrongful Death Accident Lawyer

Understanding these demographic and psychological factors can be essential for legal professionals and jurors deciding issues of culpability, restitution, and the extent of punitive damages to impose (as may be deemed appropriate).

Recognizing the multi-faceted nature of hit-and-run incidents is key to addressing the issue effectively and ensuring justice for victims.

Alcohol and Impaired Judgment: How Substance Abuse Influences Decision-Making

The influence of alcohol and substance abuse on decision-making, particularly in the context of driving, is a critical factor in understanding hit-and-run accidents.

Alcohol significantly impairs cognitive abilities and judgment, leading to a higher likelihood of risk-taking behaviors.

Impairment affects a driver’s ability to assess risks accurately and make sound decisions.

In the context of a hit-and-run wreck, impaired judgment can result in panic and poor decision-making, such as choosing to flee to elude criminal prosecution and civil liability.

Substance abuse can also lead to a distorted sense of invincibility, where drivers overestimate their driving abilities and underestimate the potential consequences of their actions.

False confidence is a dangerous catalyst for reckless behavior.

Furthermore, the altered state of mind under the influence of substances can lead to a lack of empathy and moral reasoning, diminishing the sense of responsibility towards others.

In hit-and-run scenarios, this can manifest as a callous disregard for the victim’s rights and safety.

Punitive Damages in North Carolina

Punitive damages are not primarily aimed at compensating the victim, but rather serve as a punishment to the offender and a deterrent to prevent similar conduct in the future.

Historically, punitive damages have been a tool in the legal system to address actions that are especially harmful or egregious, with a focus on reprimanding behavior that is reckless, intentional, or displays a gross disregard for the general public.

In the context of personal injury cases, especially those involving drunk driving or hit-and-run, punitive damages become pertinent when the defendant’s conduct goes beyond mere negligence.

Drunk driving, by its very nature, involves a conscious disregard for public safety, making it a prime candidate for punitive damages.

Punitive damages are a significant aspect of civil law, particularly relevant in personal injury cases involving drunk driving or hit-and-run incidents – Danny Glover, OBX Lawyer

Similarly, hit-and-run incidents, where a driver knowingly flees the scene of an accident, especially one involving injury or death, display a level of irresponsibility and callousness that often warrants punitive action.

In determining punitive damages, a jury may consider various factors to ensure the amount is appropriate.

These include things like the nature and egregiousness of the defendant’s conduct, the harm suffered by the plaintiff, and the defendant’s financial status.

Punitive damages should be significant enough to punish the defendant and deter similar behavior in the future.

The jury assesses whether the defendant acted with malice, deceptive intent, criminality, and/or gross negligence.

The potential impact of the punitive damages on the defendant’s financial situation may also be considered.

The legal basis for awarding punitive damages in these scenarios is grounded in the principle of not only providing justice to the victim but also sending a clear message to society about the unacceptable nature of such actions.

Punitive Damages serve as a moral compass of sorts, guiding societal behavior and upholding a standard of conduct.

It reflects the legal system’s recognition of the need for a mechanism to address conduct that is so detrimental to individuals and society that it requires more than just compensatory measures.

Wrongful Death Claims in North Carolina

In North Carolina, wrongful death claims may be pursued when a loved one’s death results from another’s negligence, gross negligence, and/or wrongful criminal acts.

Such legal causes of action allow families to seek justice for a loss that could have been prevented.

Wrongful death encompasses a range of causes of action, from ordinary negligence accidents involving cars, trucks, motorcycles, etc., as well as drunk driving or hit-and-run wrecks.

North Carolina General Statute 28A-18-2 specifically addresses wrongful death, recognizing the unique nature of these claims.

The Wrongful Death Law in North Carolina is intended to hold responsible parties accountable for their actions and provide a measure of closure to grieving families.

It allows for the recovery of damages, including medical and funeral expenses, lost income, and compensation for the emotional pain suffered by the deceased and their family.

Significantly, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased’s passing, a timeframe distinct from ordinary negligence claims.

It’s crucial to understand that filing a claim with an insurance company does not extend this two-year period.

For families grappling with the loss, navigating a wrongful death claim can be an overwhelming process.

The role of a personal injury lawyer in these cases is not only to provide sound legal advice but also to offer compassionate guidance.

We help families understand their rights and the complexities of the law, ensuring the case is handled with the sensitivity and respect it deserves – Danny Glover, Outer Banks Accident Lawyer

In these trying times, a knowledgeable lawyer can be a pillar of support, helping to shoulder the legal burden while families focus on healing.

This legal process, while challenging, stands as a testament to the value of the lost life and the pursuit of justice.

It underscores the legal system’s recognition of the profound impact of wrongful death and its commitment to providing a path to compensation and closure for the bereaved.

It wasn’t an accident

In personal injury law, acknowledging vehicle collisions are results of negligence rather than “accidents” can be an important distinction.

This terminology shift emphasizes that wrecks often stem from choices, not chance.

When we say “accident,” it implies an unavoidable mishap, absolving the responsible party of fault.

However, many vehicle incidents are the consequences of specific decisions, like exceeding speed limits or driving while distracted.

These are not accidents; they are negligent acts.

Take, for instance, drunk driving. No one “accidentally” consumes alcohol and gets behind the wheel.

Drunk driving is a conscious decision with potentially grave consequences – Danny Glover, Outer Banks Lawyer

Labeling negligence as accidental downplays the severity of the at-fault driver’s decisions and its substantial, and sometimes life-altering, impact on victims.

As plaintiff attorneys, our role is to shift this narrative, bringing attention to the truth that most wrecks are avoidable and the result of negligence.

This perspective is not just about legal semantics; it’s about advocating for the victims and ensuring that the responsible parties are held accountable.

It recognizes the suffering of those impacted and validates their experience as a result of someone else’s careless decision.

By confronting the euphemism of “accident” and calling wrecks what they are – the results of negligence – we honor the truth and advocate for justice and safer practices.

Helpful Information about OBX Injury Law

• How long do you have to file an INSURANCE CLAIM?
• The North Carolina Statute of Limitations Law
• How much is your accident claim worth?
• What you need to know about Truck Accidents
• When should you hire an accident lawyer?
• Drunk Driving Accidents: Gross Negligence Defined
• Nags Head Accidents
• Motorcycle Accidents are Different: Here’s Why
• Wrongful Death Claims: What You Need to Know
• How much is a Full and Fair Settlement in a 18-Wheeler Wreck?
• Catastrophic Injuries & Losses: Calculating Damages after an Accident
• OBX Bicycle Accident Lawyer
• What is Contributory Negligence?
• Motorcycle Accidents: Who is Liable?
• Understanding the value of your Personal Injury Claim
• Danny Glover: Your Guide in Wrongful Death cases in North Carolina
• Have you been injured by a Drunk Driver on the Outer Banks?
• Why you should hire a lawyer
• Who has the burden of proof of contributory negligence?

If you are injured in a trucking accident, you may not know where to turn.

The laws surrounding these accidents can be complex, and insurance companies will often do everything they can to avoid paying out on a claim even if the CDL driver is 100% at fault.

Insurance companies and their adjusters don’t make money by paying what is right.

Profit lies in denying claims made by the passenger vehicle, not taking responsibility when they should, and limiting how much, if any, is paid in settlements when accidents occur.

That is where a lawyer comes in.

Experienced personal injury lawyers understand the nuances of trucking accident law, and can help you get the compensation you deserve for your injuries – Danny Glover, OBX Truck Accident Lawyer

In this blog post, we will discuss some of the most common injuries sustained in trucking accidents, as well as how a lawyer can help you seek justice if you’ve been badly injured by a commercial vehicle.

Why do Insurance Companies Deny Claims?

There are many reasons why an insurance company would deny a tractor-trailer accident claim.

The primary reason is pretty simple: MONEY.

An insurance company makes more money denying legitimate claims and paying less than they should to people who settle without knowing their legal rights.

To be clear, truck accident law is complicated. Wrecks involving commercial trucks and passenger cars often result in substantial injuries and losses.

When is the best time to hire a lawyer?

And truck accidents tend to involve complex legal issues regarding legal liability and whether the truck driver or the semi-truck company is liable.

If you have a truck accident case, it is important to speak with an experienced attorney who can help you navigate the complex truck accident law and work for the compensation you deserve.

How do truck accident laws differ from a car crash?

Truck accidents are governed by both federal and state regulations.

The Federal Motor Carrier Safety Administration (FMCSA) is the main regulatory agency that sets the rules of the road for commercial vehicles.

In addition, each state has its own laws regarding commercial trucks.

When a truck accident occurs, it is important to hire an experienced attorney who knows how to navigate these complex laws.

Most car accidents are governed by the law of negligence.

This means that if someone is injured in a car accident, they can file a personal injury lawsuit against the person who caused the accident.

However, truck accidents are somewhat different than those involving only a passenger car. Truck drivers must use the utmost care to avoid injuring others.

If a truck driver does not use the appropriate level of care and someone is injured, the truck driver can be held liable for the victim’s injuries.

FMCSA Regulations

Truck drivers are also required to follow certain rules and regulations set by the FMCSA.

These rules include things like how many hours they can drive in a day, what types of drugs they are allowed to take, and how often they must take breaks.

Do I need a Lawyer?

If a truck driver violates one of these rules and someone is injured, the trucking company that employs the driver can also be held liable.

Trucking accidents can be complex, but an experienced attorney can help you navigate the laws and get the compensation you deserve.

If you have been injured in a truck accident, contact us today for a free consultation. We would be happy to answer any questions you have and help you understand your legal rights.

Why are trucking accidents a serious issue?

In the United States, there are over 500,000 trucking accidents every year.

That’s almost one and a half trucking accidents every minute!

And these numbers have been increasing steadily over the past few years.

Most people think of trucking accidents as simply bigger versions of regular car crashes.

But the truth is, they’re often much more complicated than that.

For one thing, because trucks are so much larger than passenger vehicles, the injuries sustained in trucking accidents are often much more severe.

Common Injuries when accidents happen

Common injuries in trucking accidents with a passenger car include:

• Broken bones
• Lacerations
• Internal bleeding
• Head injuries
• Spinal cord injuries
• Traumatic Brain Injury – TBI
• Fatal Accidents / Wrongful Death
• Mental and Physical Distress

Liability in Truck Accident Cases

In any personal injury case, the first question is always who is at fault.

When it comes to truck accidents, there are a few different parties who could potentially be held liable – Danny Glover, Outer Banks Personal Injury Lawyer

The most common defendants in these cases are the truck driver, the trucking company, and the manufacturer of the truck or its parts.

There are a number of federal regulations that apply specifically to truck drivers, 18-Wheeler trucks, and other commercial vehicles.

Trucking companies are required to follow these regulations in order to operate legally.

If a company fails to do so and an accident occurs as a result, the company can be held liable.

Some examples of common violations include not properly maintaining the truck, not giving drivers enough rest breaks, and exceeding the weight limit for the truck.

Who are the defendants in a truck accident claim?

The first step in filing any personal injury lawsuit is identifying the correct defendant in a truck accident.

In car accident cases, this is usually the other driver involved in the collision.

But in trucking accidents, there may be multiple defendants, including the commercial truck drivers, the trucking company, and even the manufacturer of the commercial truck or its parts.

Depending on the facts of your case, you may have a claim against one or all of these parties.

An experienced personal injury lawyer will be able to investigate your accident and determine who was at fault.

What causes commercial truck accidents?

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) reports truck accident statistics indicate the leading cause of large truck accidents and serious injury in the trucking industry is driver error.

In fact, FMCSA data shows that driver error is to blame for nearly 87 percent of all commercial truck accidents.

There are many different types of driver errors that can lead to large truck accidents, but some of the most common include:

• Distracted driving
• Speeding
• Driving under the influence of drugs or alcohol
• Reckless driving
• Fatigued driving

While driver error is the leading cause of commercial truck accidents, there are other factors that can contribute to these wrecks as well. Some of these other factors include:

• Poor Vehicle Maintenance
• Inadequate training for truck drivers
• Improper Cargo Loading
• Defective truck parts
• Equipment Failure
• Hazardous weather conditions

Lawyers who help clients with 18-Wheeler accidents will thoroughly investigate the causes of truck accidents to determine who is liable and help their clients recover the compensation they deserve.

If you have been involved in a commercial truck accident, contact a lawyer today to discuss your case.

Federal laws set the standard for what Truckers are supposed to do

Unfortunately, not all Truckers follow these laws, which can result in serious accidents.

If you or a loved one have been involved in a trucking accident, it is important to know what to do and who can help you recover the compensation you deserve.

Trucking accidents often result in serious injuries, such as spinal cord injuries, traumatic brain injuries, and amputations.

These injuries can have a devastating effect on victims and their families. In addition to the physical pain and suffering caused by these injuries, victims may also face significant financial burdens, such as medical bills and lost wages.

What types of accidents are classified as “Trucking Accidents”?

Trucking accidents are any type of accident that involves a large commercial truck, such as an 18-wheeler.

These types of accidents can be very serious and often result in injuries or even death.

OBX Accident Lawyer – Danny Glover Jr

We’d like to help with your personal injury claim. Call now to schedule a complimentary consultation.

Sometimes more than one person can cause the wreck, sometimes 100% of the fault rests on one driver.

Determining who is legally liable for accident injuries in North Carolina requires careful review of the documentation of the wreck scene and causes of the NC accident case.

Establishing legal “liability” is one of the more important aspects of any personal injury law case in North Carolina. That’s because under the wreck laws of the state, there is something called contributory negligence.

Looking at who caused the wreck and who is responsible is one of my most important jobs as a car accident lawyer in North Carolina – Danny Glover, OBX Lawyer

Important considerations in NC wrecks cases:

• How fast were the vehicles traveling?
• Was anyone going above the posted speed limit?
• What were the roadway conditions?
• What were the weather conditions?
• Who had right-of-way?
• Were there proper stopping distances?

What should I do after a car accident in North Carolina?

Being involved in a serious collision is a big deal. As a law office that helps people in northeastern North Carolina with car wrecks, motorcycle injuries, and semi-truck collisions, we understand the trauma associated with an MVA or Motor Vehicle Accident.

After a wreck, people can respond differently. One of the more common emotions or reactions after almost any type of accident is disbelief. They “just can’t believe” he ran that light or failed to stop. We hear things like, “I looked right at her. She saw me. I don’t know how she didn’t slow down.”

How To Use Insurance When Injured In A Car Wreck?

Car accidents in North Carolina are generally not caused by people acting intentionally. They involve things like negligence, the failure to maintain proper lane control, and careless or reckless driving.

The vast majority of personal injury cases in NC happen because the at-fault motorist was not paying attention or failed to act responsibility. That almost always means someone was breaking the law when they hit you.

How people respond after an NC car wreck depends a lot on what happened on the scene. If you or your passengers were hurt, that may complicate things too.

The first thing to do is to make sure nothing worse happens. Secure the accident scene. Get people out of harm’s way. Once you are certain everyone is safe, then begin collecting evidence of the wreck – Danny Glover, Outer Banks Attorney

So in North Carolina, the at-fault driver and that driver’s insurance company are responsible to pay all of the damages, harms, and losses suffered by anyone hurt by that at driver’s negligence or carelessness. That may include things like medical bills, the costs of physical therapy, surgeries, prescriptions, pain and suffering, and property damage.

So when we talk about liability, we mean, who was responsible to pay the injured person or the injured people as a result of the wreck? Is it the person who caused the wreck? Is the insurance company liable? Who pays for damages after a motorcycle accident? Is it different for a truck accident or pedestrian injury?

Should I Call an OBX Accident Lawyer?

How do I protect my injury claims after a North Carolina car wreck? What should I do after an accident?

First, make sure someone has called 911 and reported the accident. That is especially true if there are injuries involved after the NC car wreck. Once that has been done, and after making sure everyone is OK, start collecting information if you are able.

Sometimes all that is possible is exchanging information; but, we recommend the following for the best results:

• Take out your phone and start taking pictures
• Video the scene
• Snap a shot of the other person’s documentation
  • North Carolina Driver’s License
  • Insurance Card
  • NC vehicle registration
• Ask other people involved in the wreck what happened
  • Get their information
  • Take a picture of their driver’s license
  • Record what they tell you

I’m Danny Glover, with the Glover Law Firm in Elizabeth City.

If you have any questions about your car wreck, give me a call, it’s completely free, it’s confidential, and I’ll be happy to talk. We help people with legal claims involving motorcycle accidents, semi truck accidents, and car accidents.

Serving people in the Outer Banks and “Inner Banks” in Northeastern North Carolina, it’s our honor and pleasure to help with accident injury claims in Kill Devils Hills NC, Manteo, North Carolina, Elizabeth City, Kitty Hawk, Nags Head, and Carolla.

Call Now for Free Consultation 252-299-5300

1705C

• There is no judge
• There is no jury.

Instead, there is a certified paid neutral mediator who simply makes sure that the various parties to the lawsuit, that is the person suing and the person being sued, that person’s insurance company, all the lawyers.

Mediation is a meeting, often times it is more informal, typically taking place in a law office or sometimes at the courthouse – Danny Glover

LEARN MORE: NCGA 7A-38.1 MEDIATION NC 2017

The mediator makes sure that they’re all present and that they all at least attempt to discuss the case so that they can all make sure that they know all of the important facts to see if there’s any chance to settle the case before incurring further litigations costs, time, the emotional stress of that.

• No one at mediation decides the case
• The mediator doesn’t tell you what you have to accept
• The mediator doesn’t tell the other side what they have to pay

He is simply a facilitator, or she is a facilitator, to help everyone at least see if there’s any chance for a settlement.

If so, he can help the two sides work through all of the various issues to finalize that settlement.

MORE INFO: What should I do at the scene of a Wreck?

I’m Danny Glover with the Glover Law Firm. If you have any questions about your car wreck, give me a call. It’s completely free. It’s confidential. I’ll be happy to talk to you.

Proof of Insurance

This applies to both automobile, homeowners, business and umbrella liability insurance coverages, as well as health insurance.

Unfortunately, the fact that neither side to a lawsuit can tell the jury about how much liability or health insurance the other side has often complicates the case and/or confuses the jury.

In North Carolina evidence of insurance is typically not admissible in court – Danny Glover

Many times a jury incorrectly concludes that a plaintiff who is suing for injuries has already received all of the other person’s automobile insurance and is in court simply to try to get the other person’s personal money or assets.

Or, sometimes the jury concludes that the responsible person must have no insurance or the case would have already been settled with the insurance company.

See More: Personal Injury Cases in Eastern NC

This is almost never true, as insurance companies typically will not pay any money for injuries or losses until or unless the entire case has been resolved.

Therefore, if you are ever sitting on the jury of a personal injury case, never assume that the plaintiff has already been paid anything, because most of the time the plaintiff has not been paid anything, and never assume that the responsible person does not have insurance, because most of the time they do.

Juries also often incorrectly conclude that the plaintiff’s health insurance has already paid all of the medical bills.

See More: North Carolina Rules of Evidence

This is also often untrue, as many health insurance companies, as well as Medicare, are considered secondary payors that do not have to pay until the primary insurance company, i.e. the automobile liability insurance company, has paid what it owes.

Further, more and more medical providers, including our local hospital, are refusing to bill health insurance companies for car wreck medical treatment.

This is because the hospital or other medical provider is trying to get paid more from the car wreck settlement than it would be paid by the person’s health insurance, Medicare or Medicaid.

If you are ever sitting on the jury for a personal injury case, you should assume that none of the medical bills have been paid – Danny Glover

These things often result in a person being injured through no fault of their own but being unable to use their own health insurance while at the same time having to deal with an automobile or homeowners insurance company that will not pay a fair settlement.

In fact, is you are going to assume anything, it would be that none of the medical bills have been paid.

Besides, if some of the medical bills have already been paid by health insurance, oftentimes the plaintiff will have to reimburse the health insurance company, especially Medicare, Medicaid and other government benefit sources, from any personal injury settlement or recovery that the plaintiff receives, which is yet another thing that a jury is often not allowed to hear about.

Settlement negotiations:

In most court cases neither side is allowed to mention or present evidence of any previous settlement negotiations or previous settlement offers by either side.

The applies in both criminal and civil lawsuits.

Again, it would be a mistake to assume that one or both sides has not already tried to settle or resolve the case.

Most times, there have already been extensive settlement negotiations, but the two parties to the case, for any number of reasons, have been unable to resolve the case short of a trial.

Danny Glover, Jr.
Glover Law Firm
Danny@DannyGloverLawFirm.com
252-299-5300
Past President, North Carolina Advocates for Justice

According to the American Automobile Association AAA, we should expect another 1,000,000 travelers this upcoming Christmas and New Year’s Holiday from this time last year.

Travel statistics are expected to exceed, by quite a bit, those of 2015 – Danny Glover

While it’s hard to believe, approximately 48,700,000 Americans will travel fifty or more miles from home. Although not everyone will be on the roads, that is up from last year’s high and amounts to an almost 2% overall increase.

What’s up with all this driving?

The quick answer: Gas Prices.

Better said, the decrease in gas prices is one of the more significant reasons people are hitting the roads and traveling more this year.

According to AAA estimates, it looks like Americans have saved more than 28 Billion so far this year on gas prices. Yes, we double-checked that number.

To give you an idea how much money that is, take a look at all the zeroes: $28,000,000,000

AAA President and CEO Marshall Doney adds, “Most will travel on the tried and true holiday road trip, thanks to gas prices that are holding at close to $2 per gallon. Others will fly, take the bus or set off on a cruise to celebrate with their loved ones.”

What are the Three Most Dangerous Days to Drive?

It may surprise you, but the days getting to and from Grandma’s House on Christmas don’t make the cut.

So here they are:

1. Memorial Day Weekend – Yep, somewhere around 400 people die during the start of the summer holiday.
2. The Start of Daylight Savings Time – This one may surprise you. Yes, the time change literally can kill you.
3. Black Friday – With an estimated 70+ Million Shoppers hitting the roads, rear-end collisions make up 12 1/2 % of insurance claims on Black Friday. Here’s another surprise, 11% other claims involve wrecks and parked cars.

What to Do After You’ve Been In a Traffic Accident this Holiday Season

There are simple steps to make the holidays more safe for you and your family. Take you time. Be Patient. Expect Delays. Get plenty of rest and most importantly, don’t drink and drive – Danny Glover

What are the best and worst times to drive during Christmas week?

Worst Day to Leave: December 23, 2016 FRIDAY

Best Day to Leave: Wednesday following Christmas, December 28, 2016, assuming you have that much vacation left

Worst Time to Drive: 3 p.m., Traffic will be heaviest during that hour on Friday

Best Time to Leave: 6:00 a.m. or earlier

See More Google Maps TRAVEL TIPS

Looking for a cool Travel App? Check Out Waze

First and foremost, do NOT try to enter information, plot routes, and map your trip while driving.

Don’t worry, there is a passenger mode, and worst-case-scenario, just pull over for a second and enter your information.

It’ll be safer and chances are good that you won’t end up accidentally driving to the Columbia instead of the District of Columbia.

WAZE is a free App that only takes a few seconds to download.

The graphics are pretty self-explanatory and there is not a steep learning curve.

While we would never encourage speeding, Waze users regularly report things like the location of wrecks, disabled vehicles, traffic conditions, and the locations of police on the roadways.

If you get into geeky technology, you can allow Waze access to one or more of your social profiles.

It’ll track you and your Waze friends en route. If you prefer to remain anonymous, Waze works just fine without entering user information, establishing a profile, or otherwise granting socials access.

Put simply, it’s a cool App that adds a fair amount of information to the standard Google Maps overlay.

A Little About Glover Law Firm

With decades of experience serving as legal counsel in Northeastern North Carolina, we encourage you to call if you have questions about legal matters involving:

• Criminal Defense
  • Felonies and Misdemeanors
• Impaired Driving
  • DUI – Driving Under the Influence
  • DWI – Driving While Impaired
  • “Drunk Driving” – N.C.G.S. 20-138.1
• Traffic Offenses
• Car Wrecks
• Insurance Claims
• Accidental or Wrongful Death
• Trucking Fatalities
• Motorcycle Collisions
• Recovery for:
  • Personal Injuries
  • Medical Bills
  • Lost Wages
  • Property Damage

We’re all about helping people through difficult times. That’s what we do day in and day out – Danny Glover

The attorneys at Glover Law Firm provide consultations to clients in Criminal Defense and Personal Injury matters free of charge.

Everything you tell our lawyers is confidential. That means we keep your secrets secret, even if you do not ultimately chose to retain our legal services.

If you or a loved one have a question, please call now.

And we sincerely hope and pray you have a safe, enjoyable Holiday Season in 2016!

Danny Glover, Jr.
Glover Law Firm
Danny@DannyGloverLawFirm.com
252-299-5300
Past President, North Carolina Advocates for Justice

If you have begun searching for lawyers on the Internet or doing research on how insurance issues work, chances are you’ve already begun experiencing the complexities of making a claim.

If you are frustrated with the carrier or the process, that’s OK.

We wouldn’t need lawyers if the process was always simple, fair, made common sense, or was something that only took a couple seconds to do – Danny Glover

That brings up an important point: the time associated with presenting a claim, collecting, assembling, and organizing medical records, histories, and explaining the causation of a wreck, normally takes a long time and a fair amount of experience to do so in a format that insurance companies both understand and recognize as valid.

Furthermore, experienced injury attorneys have a good idea of what a fair settlement amount actually is.

A lot of people get so frustrated with the process they just give up. That’s too bad.

And that’s one reason why retaining a lawyer can help. We help explain the process.

We do the hard and sometime tedious work behind making a claim. We take on the burden of demanding a proper settlement with the insurance company or at fault party.

Lawyers take the responsibility on of making certain the law is followed, that the responsible party is held accountable, and that the insurance company pays a fair settlement.

When legally appropriate, that sometimes requires preparing a Complaint and filing suit, and as part of the Discovery process, making demands for documents, filing requests for admissions, and taking depositions of witnesses and parties.

Whether you realize it or not, that is a substantial load and responsibility. We tell clients that the most important thing for them to do is focus on getting healthy.

That is not just lip service. Taking the time to focus on things like physical therapy, scheduling appointments, making arrangements for work and childcare for all the above, can be a tremendous job in and of itself.

We have experience helping people through difficult times. That’s what we do. We help people – Danny Glover

Checklist for Making a Claim:

• Provide Notice of a Claim
  • At Fault Carrier
  • Injured Party’s Carrier
  • Employer, as appropriate
  • Employer’s Insurance Carrier
  • Employer’s Worker’s Compensation Carrier, as appropriate
• Assemble Medical Expenses Documentation
  • IMPORTANT NOTE: LIMIT DISCLOSURE OF CONFIDENTIAL AND OTHERWISE IRRELEVANT MEDICAL HISTORIES
  • Do NOT execute a Medical Authorization and Release
    • Talk to an Attorney first
    • Limit the materials that can be sought and disclosed
    • Protect and Preserve HIPAA rights
  • Making a Claim does not require unlimited access to medical histories, prior medical treatments, or disclosure of medical conditions that are not relevant to making a claim
• Assemble Expense Documentation for Lost Wages
• Assemble Expense Documentation for Personal Property Damages
  • Vehicle Repairs
  • Lost Value
  • Rental
  • Personal Items
    • Tag, Title, Registration Fees – If Vehicle Replacement Becomes Necessary

Is a Recorded Statement Necessary or Required?

The quick answer is USUALLY NOT.

In fact, many insurance adjustors just flat get this wrong. While there are certain legal requirements to properly making a claim, providing a recorded statement to any carrier is rarely one of them.

Making a claim does not require you do everything requested by an adjustor. Putting them on notice should be pretty simple. Talking about the facts of the case is often the first step in an insurance company trying to find a way NOT to pay a claim – Danny Glover

People are sometimes floored to find out that insurance companies are not necessarily looking out for the best interests of the injured party.

Make no mistake, insurance companies make money protecting their bottom line.

If they can convince you to accept a very small amount quickly in exchange for a complete release of your claim, they save money in long run. Contrary to what you may see in commercials, insurance companies are in the business of taking in premiums and limiting paying claims.

It is not always a fair system.

In fact, there are regularly lawsuits filed in North Carolina because insurance companies have proceeded in “bad faith.”

You may be surprised to find out that a good number of “bad faith” claims are filed by the insured against their own carriers.

Even if the person whom caused the wreck wants to settle, sometimes the insurance companies just refuse to settle.

They can require a lawsuit to be filed. . .despite the fact that their own “insured” has admitted to doing something wrong and wants the carrier to settle.

We’re not trying to be negative in stating this. Insurance Companies often feel people are making up claims, hoping to recover damages when they were not hurt.

Disputes arise in filing claims. It can be complicated.

What Does It Cost to Hire a Lawyer?

Well, actually, it doesn’t really “cost” anything, if you think of laying out money.

Lawyers in personal injury cases get paid if a case settles. If there is no recovery from a claim, just like the client, the attorney receives nothing.

That is what it means to be a “contingency” agreement.

Legal fees are contingent upon a successful recovery.

Now there can and often are expenses associated with presenting a claim such as:

• Filing Fees
• Service of Process
• Court Reporter – Recording & Transcriptions
• Medical Records / Copy Charges
• Private Investigator Fees
• Expert Witness Fees

While some of those costs of presenting a claim may be advanced by a law firm, ultimately they are the responsibility of the client.

Those costs are often taken from the “settlement proceeds” upon disbursement of funds.

It can be a bit confusing. Talk to us. We’re more than willing to explain how things work. In fact, we will give you a written contract, where everything is set forth in writing.

We want you to understand how things work and what it costs.

The consultation is free.

We do not charge to talk to you, to review a case, and to see if it makes sense to hire a lawyer.

Transcription of “What Are Benefits of Hiring a Lawyer?” for the Hearing Impaired

One of the big benefits of hiring an attorney is that we take all the pressure and workload off of you for everything claims or case-related. You can focus on getting healthy or helping your loved one to recover from their injuries.

We deal with the insurance company, we get all the medical records, we have them reviewed by medical experts. We negotiate with the insurance company.

Remember the insurance company is trying to low-ball you. They may be the nicest people on the phone but they’re trying to make money of off your claim by saving money on your claim.

An attorney can help you avoid making that mistake.

Danny Glover, Jr.
Glover Law Firm
Danny@DannyGloverLawFirm.com
252-299-5300
Past President, North Carolina Advocates for Justice

It is important as a parent to discuss Halloween safety with your child before he or she goes out to trick or treat. There are many steps you and your child can take to minimize his or her chance of being injured in a car accident or on a neighbor’s property. Parents typically accompany younger children when they go trick-or-treating. Older children and adolescents can keep themselves safe without parental supervision by making sure they obey traffic laws and make themselves visible at all times.

No matter how well you prepare your child for Halloween night, there is always the chance that he or she can be involved in an accident. If your child is injured because of a distracted driver’s negligence, seek prompt medical attention for his or her injury. Getting immediate medical care is key to making a full, timely recovery. Once your child has received medical treatment, consult with a personal injury attorney to determine whether compensation may be available from the at-fault driver to cover the medical bills and other expenses. Work with an experienced car accident attorney to determine whether this is an appropriate course of action for your family. If so, your attorney can file your claim and work to get you the money you need to cover your expenses related to the injury.

Texting and Driving

When drivers stop focusing on the road ahead, they have slower reactions to changes in traffic conditions in front of them. Text messaging while driving is one of the most dangerous forms of distracted driving. North Carolina makes it illegal for drivers to send text messages from a moving vehicle. Studies have shown that distracted drivers are more dangerous than drunk drivers.

Distracted driving is not limited to text messaging, however. Using a cell phone to make phone calls, navigate, browse the internet, and use social media are all other ways a driver can put others at risk. Drivers can become distracted by eating or drinking behind the wheel, applying makeup, adjusting the car radio or on-board navigation system, or managing children or pets in the car.

Protect Yourself and Others

Protect yourself, your passengers, and those with whom you share the road by pledging not to use your phone while you are driving. If you need to use your smart phone to navigate, plug in your destination and start the navigation system before you begin to drive.

If you are driving with a passenger, have him or her handle navigation duties. Opt to use a hands-free headset for phone calls. This type of headset allows you to keep your hands on the steering wheel and your eyes on the road while you use your cell phone. If you do not have a headset, ignore all text messages and phone calls until you find a place where you can safely pull off the road and park.

If you can not trust yourself to ignore your phone while you are driving, turn its sound off before you leave home so you are not tempted to respond to its notifications. Another way you can prevent yourself from using your phone is making it inaccessible while you drive by storing it in the back seat or glove compartment.

Protect Children on Halloween

It can be easy for a child to be struck by a car if he or she is walking along the edge of the road at night wearing a dark Halloween costume. Make your child’s costume more visible by adding reflective tape to the outfit and candy bag or giving him or her a reflective pendant on a necklace to wear on Halloween night. Discourage black or dark-colored costumes that can be difficult to see. In addition, give your trick-or-treaters a flashlight or glow sticks to make them more visible in the darkness. If you are accompanying a young child, carry the flashlight and hold his or her hand at all times when crossing the street.

As a driver, be extra vigilant on the roads this Halloween. Drive more slowly than you normally would and stay alert for children crossing the street. Remember to have your headlights on 30 minutes before sundown and keep them on any time you drive at night. Do not keep your radio so loud that you miss the sound of footsteps approaching or people talking in vicinity of the car.

Elizabeth City Personal Injury Attorneys

If you or your child has been injured in a collision with a distracted driver on Halloween, you could be entitled to seek monetary compensation for your losses. These losses can include medical bills, lost wages due to time spent out of work (if you are the injury victim or your adolescent has a job), and the need for disability aids like a motorized scooter during recovery. Make the personal injury claim process easier by working with an experienced Elizabeth City accident lawyer. Glover Law Firm can help you get the money you need by providing quality legal advice and representation for your claim. We can explain every step of the personal injury claim process to you and determine the most effective way to handle your claim and get you the money you deserve. Do not wait to begin working on your claim with our firm – contact us today at 252-299-5300 to schedule your free legal consultation with us.

According to the National Highway Traffic Safety Administration (NHTSA), pedestrians are most at risk of suffering fatal injuries in urban environments. That’s where three out of four, or 73 percent, of pedestrian deaths occur. Fatal pedestrian accidents are more likely to occur at non-intersections, where speeds may be higher, and during the evening hours, when visibility is poor. Alcohol is often a contributing factor and played a role in 48 percent of the accidents in which a pedestrian was killed.

As everyone is a pedestrian at some point in their lives, it is important for you and your family members know what driver mistakes are most likely to cause an impact with a pedestrian. That knowledge could help you avoid becoming a statistic in a pedestrian accident.

Driver Mistakes Contributing to Pedestrian Crashes

Driver negligence and errors are one of the main reasons pedestrians are injured or die when hit by a car, truck, motorcycle – or even a bicycle. Pedestrians may themselves the victim of a serious or fatal accident if a driver exhibits any of this conduct:

• Aggressive driving or road rage;
• Driving while alcohol-impaired;
• Failing to back up safely;
• Using a hand-held or hands-free cell phone while driving;
• Sending or reading texts while driving;
• Becoming distracted or inattentive by in-vehicle or out-of-vehicle distractions;
• Driving without the proper experience for the conditions;
• Driving under the influence of drugs, either prescription, OTC or illegal;
• Eating or drinking while driving;
• Failure to yield the right-of-way;
• Driving while drowsy or fatigued;
• Following too close to the vehicle ahead (tailgating);
• Disregarding traffic signals and controls;
• Making improper turns;
• Unsafe lane changing; and
• Improper passing or lane usage.

Tips Pedestrians Can Use to Stay Safe

Although your risk of serious or fatal injury in a vehicle-related accident is significantly greater as a pedestrian, you can be proactive to help to keep you and those you love safe when walking along city streets, roads and highways in Gates County, Dare County, Currituck County and throughout Eastern North Carolina, including the beach roads of the Outer Banks. The following tips may help you avoid injury or death while a pedestrian:

• Cross the street at designated crosswalks or signaled intersections whenever possible.
• When walking along the side of a road, always walk on the sidewalk. If no sidewalk exists, walk along the shoulder of the road facing traffic.
• Before crossing the street, always make eye contact with drivers in approaching vehicles to be sure they see you and are coming to a stop. Never assume you will be seen.
• If you plan on walking at night, wear light or reflective clothing and carry a flashlight.
• Do not walk while texting, talking on your cell phone, listening to music or engaging in any other distracting behavior that could inhibit your ability to be alert to circumstances around you.
• Just as you should never drink and drive, you should not drink and walk either. NHTSA statistics reveal that approximately 37 percent of pedestrians killed in vehicle-related accidents in one year’s time had a blood alcohol concentration (BAC) of 0.08 percent or higher.

Sources:

• National Highway Traffic Safety Administration: Safety in Numbers: Everyone is a pedestrian
• Centers for Disease Control, Injury Prevention & Control: Motor Vehicle Safety: Pedestrian Safety