Yes. But, as usual, the simplest answer hides a great deal of complexity and nuance. Drivers always have a duty to watch for and share the road safely with pedestrians. Failing to meet that duty by operating in a negligent or reckless manner creates legal…
You know that a driver who hits and injures a bike rider can be held liable for paying the crash victim’s medical bills and providing compensation for pain and suffering. You most likely also understand that a pedestrian can have grounds for filing insurance claims…
Plaintiffs—that is, victims—in North Carolina personal injury and wrongful death lawsuits can recover punitive damages. According to Chapter 1D of the North Carolina General Statutes (N.C.G.S.), the monetary noncriminal penalties against the individual or organization that caused the injury or death are assessed “to punish…
Yes, but only under a specific set of circumstances. Also, actually receiving any money from the person who made you sick will be difficult. The Legal and Scientific Details If an infected person intentionally transmits a virus, they can be sued for inflicting an intentional…
The National Council on Aging estimates that 10 percent of Americans who are older than 60 have fallen victim to some form of abuse or exploitation. The council lists the types of mistreatment experienced by older people as including physical, sexual and financial abuse; involuntarily…
The short answer to the title question is no. A driver who operates negligent or recklessly cannot use wet or slick pavement as an excuse to avoid settling insurance claims for property damage, personal injuries or wrongful deaths. My Virginia Beach-based law firm colleagues and…
Do not be surprised if the first phone call you receive after getting home from the hospital comes from a claims adjuster for the at-fault party’s insurance company. Insurers act quickly to settle claims they cannot find an excuse to deny outright. Agreeing to accept…
Urban planners and transportation engineers describe them as “micro-mobility solutions.” Riders consider them convenient and fun. Emergency room physicians increasingly see them as a risk for major injuries. What your views on electric scooters, you need to understand that riding one of these motorized devices…
Getting hit and hurt by an HRT bus or a public school bus raises a host of legal difficulties that most traffic accident victims will not encounter. Receiving an injury or wrongful death settlement is still possible, but partnering with a dedicated and knowledgeable Virginia…
Virginia, along with North Carolina, is one of four states that still imposes the outdated and, frankly, unjust common law principle of contributory negligence. A widely cited lawbook definition of this rule states, “Under contributory negligence, a plaintiff was totally barred from recovery if they…
