5920 South Miami Blvd. Suite 204 Morrisville, NC 27560
888.800.3868 -
At James E. Rogers, PA we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience; our office will take over the investigation of your case so that you can concentrate on recovering from your injuries. We assist you
in finding an appropriate medical specialist to treat you, and we can help make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.
Automobile accidents are generally decided using the law of negligence. A person who negligently operates a vehicle may be required to pay any damages caused by their negligence. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Failure to use reasonable care is the basis in most lawsuits for damages caused by an automobile accident.
Courts look to a number of factors in determining whether a driver was negligent. Some examples of these factors include, but are not limited to, the following:
No apologies-
This does not mean that you cannot express empathy for any injuries to others, but
an apology can be turned into an admission by an insurance adjuster. You can say
"I hope you are not in too much pain; what can I do to make you more comfortable?"
Some people are so intimidated while talking to an insurance adjuster that they just
blurt out an apology-
At The Car Accident Scene: Say Little-
Are you able to take photographs at the scene with your phone? If not, did someone else take them and can you get copies? If you do not have any photos, you should return with a friend and take a full set of photos
A driver may also be liable for an accident caused by intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with willful and wanton disregard for the probability that the driving may cause an accident.
In certain cases, accidents are caused by factors unrelated to the conduct of any
particular driver. For example, under the law of product liability, an automobile
manufacturer or supplier may be responsible for injuries caused by a defect in the
automobile, or a component of the automobile, as in the Firestone tire litigation.
A products liability suit is a lawsuit brought against the seller of a product for
selling a defective product that caused physical injury to a consumer or user. If
a manufacturer of a product creates a defective product -
Another example, if a mechanic fails to properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, and his repair shop, may be liable for injuries sustained. Other factors such as poorly maintained roads and malfunctioning traffic control signals can contribute to the cause. Improper design, maintenance, construction, signage, lighting or other highway defect, as well as improper striping on the road's passing lanes, a sharp obstruction or problem with the roadway that obstructs drivers' vision, or poorly placed trees and utility poles can also cause serious accidents. Finally, if an accident is caused by an intoxicated driver, a bar or social host may be liable for damages sustained if they served an obviously intoxicated guest, who then drives and causes an accident. See Drunk Drivers.
In all automobile accident cases it is essential that measures be taken promptly
to preserve evidence, investigate the accident in question, and to enable physicians
or other expert witnesses to thoroughly evaluate any injuries. If you or a loved
one is a victim of an automobile accident, call James E. Rogers, P.A. now at (919)
682-
Assess the Situation -
Begin with Immediate Emergencies -
Call For Help -
Contact James E. Rogers P.A. and his Counselors at Law after the immediate emergency has passed, if you or a passenger in the auto were hurt or injured in any way.
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| Auto Accidents |
| Large Truck Accidents |
| Traffic Violation |
| DUI-DWI |
| Resources |
| Newsletter |