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        <title><![CDATA[injury claims - Glover Law Firm]]></title>
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                <title><![CDATA[Who is legally liable for accident injuries?]]></title>
                <link>https://injury.dannygloverlawfirm.com/blog/who-is-legally-liable-for-accident-injuries/</link>
                <guid isPermaLink="true">https://injury.dannygloverlawfirm.com/blog/who-is-legally-liable-for-accident-injuries/</guid>
                <dc:creator><![CDATA[Danny Glover]]></dc:creator>
                <pubDate>Sat, 10 Mar 2018 17:45:06 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Truck Accidents]]></category>
                
                
                    <category><![CDATA[car accident]]></category>
                
                    <category><![CDATA[car insurance]]></category>
                
                    <category><![CDATA[claims]]></category>
                
                    <category><![CDATA[danny glover attorney]]></category>
                
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                    <category><![CDATA[danny glover outer banks]]></category>
                
                    <category><![CDATA[injury claims]]></category>
                
                    <category><![CDATA[insurance claims]]></category>
                
                    <category><![CDATA[Liability]]></category>
                
                
                
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                <description><![CDATA[<p>Who’s at fault means, “Who caused the wreck” under the NC accident laws. Liability for accident injuries in North Carolina is related to negligence and the duty of care. 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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Who’s at fault means, “Who caused the wreck” under the NC accident laws.  Liability for accident injuries in North Carolina is related to negligence and the duty of care.</p>



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



<p>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.</p>



<p>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 <a href="https://www.dannygloverlawfirm.com/who-is-liable-in-the-event-of-a-wreck/" target="_blank" rel="noopener">contributory negligence</a>.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>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</em></strong></p>
</blockquote>



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<p>
Important considerations in NC wrecks cases:
</p>



<ul class="wp-block-list">
<li>How fast were the vehicles traveling?</li>



<li>Was anyone going above the posted speed limit?</li>



<li>What were the roadway conditions?</li>



<li>What were the weather conditions?</li>



<li>Who had right-of-way?</li>



<li>Were there proper stopping distances?</li>
</ul>



<p>
<em><strong>What should I do after a car accident in North Carolina?</strong></em></p>



<p>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.</p>



<p>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.”
</p>



<h4 class="wp-block-heading has-text-align-center" id="h-how-to-use-insurance-when-injured-in-a-car-wreck"><a href="/blog/how-to-use-insurance-when-hurt-in-car-wreck/" target="_blank" rel="noopener">How To Use Insurance When Injured In A Car Wreck?</a></h4>


<div class="wp-block-image alignright">
<figure class=""><img decoding="async" src="/static/2018/02/Damages-in-a-NC-accident-case-300x300.jpg" alt="Currituck NC accident lawyer"/></figure></div>


<p>
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.</p>



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



<p>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.
</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>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</em></strong></p>
</blockquote>



<p>
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.</p>



<p>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 <a href="/personal-injury/motorcycle-accidents/" rel="noopener" target="_blank">motorcycle accident</a>?  Is it different for a <a href="/personal-injury/truck-accidents/" rel="noopener" target="_blank">truck accident</a> or <a href="/personal-injury/pedestrian-injuries/" rel="noopener" target="_blank">pedestrian injury</a>?
</p>



<h4 class="wp-block-heading has-text-align-center" id="h-should-i-call-an-obx-accident-lawyer">Should I Call an OBX Accident Lawyer?</h4>



<p>
<em><strong>How do I protect my injury claims after a North Carolina car wreck? What should I do after an accident? </strong></em></p>



<p>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.</p>


<div class="wp-block-image alignright">
<figure class=""><img decoding="async" src="/static/2017/11/Red-Car-Wreck-300x199.jpg" alt="Currituck accident lawyers near me - NC personal injury lawyer Danny Glover Jr."/></figure></div>


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



<ul class="wp-block-list">
<li>Take out your phone and start taking pictures</li>



<li>Video the scene</li>



<li>Snap a shot of the other person’s documentation
<ul class="wp-block-list">
<li>North Carolina Driver’s License</li>



<li>Insurance Card</li>



<li>NC vehicle registration</li>
</ul>
</li>



<li>Ask other people involved in the wreck what happened
<ul class="wp-block-list">
<li>Get their information</li>



<li>Take a picture of their driver’s license</li>



<li>Record what they tell you</li>
</ul>
</li>
</ul>



<p>
I’m Danny Glover, with the Glover Law Firm in Elizabeth City.</p>



<p>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.</p>



<p>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 <a href="https://www.dannygloverlawfirm.com/areas-we-serve/kill-devil-hills/" rel="noopener" target="_blank">Kill Devils Hills NC</a>, <a href="https://www.dannygloverlawfirm.com/areas-we-serve/manteo/" rel="noopener" target="_blank">Manteo</a>, North Carolina, Elizabeth City, <a href="/communities-served/kitty-hawk-nc/" rel="noopener" target="_blank">Kitty Hawk</a>, Nags Head, and Carolla.</p>



<p><strong>Call Now for Free Consultation 252-299-5300</strong></p>



<p>1705C</p>
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            </item>
        
            <item>
                <title><![CDATA[5 Things You Should Do After a Wreck]]></title>
                <link>https://injury.dannygloverlawfirm.com/blog/5-things-you-should-do-after-a-wreck/</link>
                <guid isPermaLink="true">https://injury.dannygloverlawfirm.com/blog/5-things-you-should-do-after-a-wreck/</guid>
                <dc:creator><![CDATA[Danny Glover]]></dc:creator>
                <pubDate>Tue, 20 Sep 2016 19:16:39 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[Truck Accidents]]></category>
                
                
                    <category><![CDATA[accidents]]></category>
                
                    <category><![CDATA[ATTORNEY]]></category>
                
                    <category><![CDATA[car wrecks]]></category>
                
                    <category><![CDATA[danny glover]]></category>
                
                    <category><![CDATA[elizabeth city]]></category>
                
                    <category><![CDATA[injury claims]]></category>
                
                    <category><![CDATA[LAWYER]]></category>
                
                    <category><![CDATA[legal help]]></category>
                
                    <category><![CDATA[litigation]]></category>
                
                    <category><![CDATA[NC]]></category>
                
                    <category><![CDATA[north carolina]]></category>
                
                    <category><![CDATA[personal injury]]></category>
                
                    <category><![CDATA[what to do]]></category>
                
                
                
                <description><![CDATA[<p>5 Things You Should Do After a Wreck If you have recently been involved in a Car Wreck, it is not unusual to have questions: Those are all normal, expected questions. Navigating a sometimes complex legal system can be confusing. We’re here to help – Danny Glover 1. Get Healthy After a collision, especially one&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="aligncenter size-full"><img loading="lazy" decoding="async" width="800" height="536" src="/static/2016/09/5-Things-You-Should-Do-After-a-Wreck.jpg" alt="5-things-you-should-do-after-a-wreck" class="wp-image-96922" srcset="/static/2016/09/5-Things-You-Should-Do-After-a-Wreck.jpg 800w, /static/2016/09/5-Things-You-Should-Do-After-a-Wreck-300x201.jpg 300w, /static/2016/09/5-Things-You-Should-Do-After-a-Wreck-768x515.jpg 768w" sizes="auto, (max-width: 800px) 100vw, 800px" /></figure></div>


<p>5 Things You Should Do After a Wreck</p>



<p>If you have recently been involved in a Car Wreck, it is not unusual to have questions:
</p>



<ul class="wp-block-list">
<li>What Should I Do?</li>



<li>Do I Need to Talk To Someone?</li>



<li>How Do I Make a Claim?</li>



<li>How Long Do I Have?</li>
</ul>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>Those are all normal, expected questions. Navigating a sometimes complex legal system can be confusing. We’re here to help – Danny Glover </em></strong></p>
</blockquote>



<h2 class="wp-block-heading" id="h-1-get-healthy">1.  Get Healthy</h2>



<p>
After a collision, especially one involving injuries, the most important thing to do is seek immediate medical treatment.
</p>



<h4 class="wp-block-heading" id="h-focus-first-on-getting-healthy">Focus first on getting healthy.</h4>



<p>
Do NOT try to “tough it out.”  Go see a Doctor without delay.  Not only will you feel better, you will better protect any claim or claims you may have against the party whom caused the injuries.</p>



<p>Insurance Companies look for reasons to challenge paying Claims.</p>



<p>Delaying medical attention could call into question whether the injuries sustained were related to the wreck or something else.</p>



<p>Legal Professionals refer to such issues as Clear Liability and Proximate Cause.</p>



<p>Indeed, injuries may be worsened by waiting to begin treatment.  Failure to seek immediate medical care could extend the length of time of recovery.</p>



<p>Do not take a chance.  Go see a doctor now.</p>


<div class="wp-block-image aligncenter">
<figure class=""><img decoding="async" src="/static/2016/09/SocialMedia.jpg" alt="socialmedia"/></figure></div>


<h2 class="wp-block-heading" id="h-2-make-your-online-profiles-private">2.  Make Your Online Profiles PRIVATE</h2>



<p>
Everyone loves to share things that happen to them on-line nowadays.  Whether it is a birthday party, or long-awaited vacation, or even a car wreck with a trip to the Emergency Room, people regularly post on Social Media such as Facebook, Instagram, Twitter, Google+ and the like.</p>



<p>Insurance Companies know that. . .and they take advantage of the opportunity to gather information about you.</p>



<p>Therefore, take the simple step of making your accounts PRIVATE, where only your friends and family can see what you post.</p>



<p>Here’s what Richard Harer, Vice President of Specialized Investigations says:
</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>Social networking research and investigation is a required tool</em></strong></p>
</blockquote>



<p>
Understand, if a case goes to litigation, it is not unusual for lawyers for the insurance company to request the disclosure of information via a process called Discovery.</p>



<p>They may ask for copies of the Social Profiles, your posts, pictures, and comments associated with your wreck.</p>



<p>If you feel compelled to post something, realize this:  A Jury may at some point review what you wrote or posted.</p>



<p>That is true even if you make your posts Private.
</p>



<p class="has-text-align-center"><strong>See More:  </strong><a href="http://us.milliman.com/insight/2016/Insurance-fraud-and-social-media/" target="_blank" rel="noopener noreferrer">How Insurance Companies View Claims </a></p>


<div class="wp-block-image alignright">
<figure class="is-resized"><img decoding="async" src="/static/2016/09/Human-Brain.jpg" alt="human-brain" style="object-fit:cover;width:375px;height:375px"/></figure></div>


<h2 class="wp-block-heading" id="h-3-write-down-what-happened">3.  Write Down What Happened</h2>



<p>
We recommend you write down everything that happened before and after a wreck.</p>



<p>That serves two purposes:
</p>



<ul class="wp-block-list">
<li>It will serve as your memory as time passes</li>



<li>It will help in the recovery process, as you will not worry about having to remember everything</li>
</ul>



<p>
This simple step may seem a bit odd.  “Of course I will remember everything.  It was a very traumatic event for me.  I’ll never forget what happened.”</p>



<p>The truth of the matter is, memories do fade over time.</p>



<p>If it takes a long time to get healthy again, you may not remember all the little things you missed in the process.</p>



<p>Cases that end ultimately in litigation can take a substantial amount of time to reach Court.</p>



<p>If you have detailed notes, it is much more convincing to explain why you saw a Doctor or went to Physical Therapy.
</p>



<h3 class="wp-block-heading has-text-align-center" id="h-see-more-writing-things-down-really-will-make-you-feel-better"><a href="http://www.science20.com/news/writing_down_feelings_really_does_make_us_feel_better_study_says" target="_blank" rel="noopener noreferrer">See More:  Writing Things Down Really Will Make You Feel Better </a></h3>



<p>
Writing everything down serves as your memory; but, it also does something else that is equally important.</p>



<p>What many people do not realize is that a wreck can be a traumatic, life-changing event.</p>



<p>Our minds can work in odd ways.  We can add to our own level of stress, worrying about what happened and the need to remember things.</p>



<p>When you write something down, it serves as a type of mental release.</p>



<p>You allow yourself to stop thinking about an event.  You “got it out of you.”  You start to relax.  You are able to focus on other things, like getting well.</p>



<p>And believe it or not, you may actually start to remember other things that happened once you start writing.</p>


<div class="wp-block-image alignright">
<figure class="is-resized"><img decoding="async" src="/static/2016/09/Rolodex-Address-Book-UNCOMPRESSED.jpg" alt="rolodex-address-book-uncompressed" style="object-fit:cover;width:375px;height:326px"/></figure></div>


<h2 class="wp-block-heading" id="h-4-get-witness-information-now">4.  Get Witness Information, NOW</h2>



<p>
As stated, sometimes cases involving car wrecks take time to settle.  If a lawsuit is required and litigation ensues, people whom saw the wreck may need to come to Court.</p>



<p>Do NOT assume just because the police wrote down what happened in an accident report that will suffice as proof.</p>



<p>More often than not, Live Testimony is preferable in Court.</p>



<p>People move.  They get new jobs.  They change telephone numbers and addresses.</p>



<p>Get as much information about your witnesses NOW, when you still have access to that information.</p>



<p>Obviously be nice about things.  While one would not expect to need to give their entire life history, most people are willing to share their:
</p>



<ul class="wp-block-list">
<li>Full Name</li>



<li>Permanent Mailing Address</li>



<li>Telephone Number</li>



<li>eMail Address</li>



<li>Place of Employment</li>
</ul>



<p>
Getting that information now may also increase the speed in which a claim may be made.
</p>



<p class="has-text-align-center"><a href="https://www.psychologistworld.com/memory/forgetting.php" target="_blank" rel="noopener noreferrer">See More:  Why Do We Forget Things and People?  </a></p>



<p>
Most assuredly the Insurance Carrier will want to speak with witnesses and determine what they had an opportunity to observe.</p>



<p>It makes sense then to have that information handy from the outset.</p>



<p class="has-text-align-center"><a href="http://www.claimsjournal.com/news/southeast/2013/06/24/231347.htm" target="_blank" rel="noopener noreferrer">See More:  Denying Coverage and Risk Assessment of Bad Faith </a></p>


<div class="wp-block-image alignright">
<figure class="is-resized"><img decoding="async" src="/static/2016/09/denied-stamp-UNCOMPRESSED.jpg" alt="denied-stamp-uncompressed" style="object-fit:cover;width:375px;height:281px"/></figure></div>


<h2 class="wp-block-heading" id="h-5-talk-to-an-attorney-do-not-talk-to-the-carrier">5.  Talk to an Attorney, Do NOT Talk to the Carrier</h2>



<p>
Lawyers are not required in every instance; but, in that most Personal Injury or Wreck Attorneys provide a confidential consultation, free of charge, it does not hurt to get information.</p>



<p>In North Carolina you are NOT required to give a Recorded Statement.</p>



<p>That is frankly often misunderstood by some insurance adjusters.</p>



<p>You are only required to “cooperate” with your Insurance Company and their representatives.</p>



<p>You are NOT required to assist the Insurance Company responsible for the wreck.  In fact, their interests are directly contrary to yours.</p>



<p>That may not seem fair. . .but that is how it works.
</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>Lawyers can help explain your rights and what you are required and not required to do.  That’s what we do:  We Help People – Danny Glover </em></strong></p>
</blockquote>



<p>
Talking to or “consulting” with a Lawyer does not require you to retain their services.</p>



<p>In some cases, an attorney is not required.</p>



<p>Unfortunately, in many cases lawyers get involved because people feel they are not being treated fairly by an Insurance Company or Adjuster.</p>



<p>Remember, settling a claim is a business decision for the carrier responsible to pay for damages.</p>



<p>They are in the business of getting out of claims as quickly and as inexpensively as possible.</p>



<p>They are not in the business of making certain you are completely healthy.</p>



<p>They also are not required to “do the right thing” or be fair.</p>



<p>That’s why we have Courts and that is why some matters end in litigation.  The Insurance Company or the person whose negligence caused the wreck does not want to take full responsibility.</p>



<p>If you are looking for a Plaintiff’s Personal Injury Lawyer, we encourage you to do your homework.</p>


<div class="wp-block-image alignright">
<figure class="is-resized"><a href="/static/2016/08/What-Happens-After-a-Car-Wreck.jpg" target="_blank" rel="noreferrer noopener"><img decoding="async" src="/static/2016/08/What-Happens-After-a-Car-Wreck.jpg" alt="What Happens After a Car Wreck" style="object-fit:cover;width:375px;height:300px"/></a></figure></div>


<p>Check out their credentials.</p>



<p>Ask Questions.</p>



<p>Find out their level of experience and what they do to help people.</p>



<p>Take your time.</p>



<p>If you have questions the attorneys at Glover Law Firm are here to help.</p>



<p><a href="tel:2522995300">Call</a> Danny Glover now for a free consultation.</p>



<p>Danny Glover, Jr. <br>Glover Law Firm <br><a href="mailto:Danny@DannyGloverLawFirm.com">Danny@DannyGloverLawFirm.com</a> <br><a href="tel:2522995300">252-299-5300</a> <br>Past President, North Carolina Advocates for Justice</p>
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