Articles Tagged with motorcycle accident

A motorcycle accident in North Carolina left the operator with serious injuries. motorcycle

But one major problem with collecting compensation? The driver of the truck involved didn’t stop. What’s more, it wasn’t the truck that actually struck the motorcyclist, but instead debris falling from the truck. So when the plaintiff in this case before the North Carolina Court of Appeals sought compensation, his uninsured motorist coverage carrier denied the claim because the two vehicles didn’t actually make contact.

Unfortunately for the plaintiff, the appellate court sided with the defense in this matter.

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A woman in Iowa who was injured in a drunk driving accident after an allegedly impaired driver crashed into a motorcycle on which she was a passenger is now suing the bar that served the drunk driver. bar sign

If you are unfamiliar, this type of case involves something called, “dram shop liability.” In essence, the idea is to hold purveyors of alcohol (i.e., restaurants, bars, clubs, etc.) liable when they negligently serve alcohol to patrons, who in turn get behind the wheel drunk and injure themselves or someone else. The term “dram” refers to a liquid measurement once used to serve alcohol.

Dram shop liability laws vary widely from state-to-state. Some states make it very difficult to bring such claims against an establishment, while others have rules that are more relaxed. In North Carolina, we fall somewhere in between. North Carolina General Statutes section 18B-121 limits claims against a permitted alcohol sales establishment only if that business negligently sold or furnished drinks to a minor under the age of 21. Even then, plaintiffs would need to show the consumption of the alcoholic beverage caused or contributed – in whole or in part – to the underage driver being impaired at the time of the injury and further that the injury was proximately caused by an under-aged driver’s negligent operation of the vehicle while so impaired.  Continue reading

In many types of personal injury claims – including car accidents – there may be grounds for a loss of consortium claim. This is a cause of action available to family members of a person injured or killed by the wrongful or negligent acts of someone else.sad

The question before the Mississippi Supreme Court in a recent motorcycle accident case was whether that loss of consortium claim could be claimed as a separate “per person limit” under an auto insurance policy. The that court reached answer: No.

The reason? It has to do with the fact that loss of consortium claims are reliant and contingent upon the injury or death of another. Unless the person claiming loss of consortium was also injured, he or she cannot claim a separate “per person limit.” Continue reading

An appellate court has ordered a partial re-trial of a wrongful death lawsuit stemming from a motorcycle accident caused by a negligent motorcyclist and a defective road. curve

The new trial shouldn’t result in any less damages for the plaintiff, but it could alter how much each defendant has to pay. That’s because the issue of apportionment was decided with the help of an alternate juror, who was a replacement for another juror removed by the trial court. The juror who was removed later said she was leaning toward finding that the state had lesser liability than the defendant driver. Appellate court justices ruled that the trial judge erred in removing the juror, and the error was prejudicial because the juror was inclined to favor the state.

The facts of the case, recently before California Court of Appeal, Second Appellate District, Division Six, are that two motorcyclists were involved in a crash on a two-lane highway. The speed limit on the road was 55 mph. The crash happened on a sharp, blind curve. The state installed a warning sign for motorists northbound to reduce their speed to 25 mph in order to safely negotiate the curve. However, there was no such sign for motorists traveling the other way. Defendant was traveling southbound. He did not reduce his speed. As a result, he lost control of his motorcycle as he turned the curve. He crossed over the center line, striking decedent head-on. Decedent died at the scene.  Continue reading

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