Violent auto accidents can change and end lives in a matter of moments, leaving behind a mountain of expenses and emotional devastation for families of the victims. If a truck or car crash has happened to you, and you are desperate for assistance on many fronts, here is the good news: the Statesville motor vehicle accident lawyer at The Law Office of Michael D. Cleaves, PLLC, can help.
Experienced motor vehicle accident lawyer, Michael D. Cleaves effectively handles accidents related to all kinds of negligence — including distracted and drunk driving — all vehicles and all injuries, from whiplash to severe brain and spinal cord injury that requires surgery and years of advanced, expensive therapy.
Did your motor vehicle accident happen while you drove a company-owned car, truck, or van? Mr. Cleaves can be of service in a workers’ compensation or third-party claim context.
A motor vehicle accident could involve any conveyance that operates with a motor, whether on land or water. When these accidents happen in Statesville, NC, they often result in injuries. Restitution for these injuries is owed by those at fault, and it may need to be sought through a personal injury claim. Some of the more common examples of motor vehicles include:
Some motor vehicle accidents are fairly simple, where one of the drivers made some kind of error that led to an accident with another vehicle. Then, there are a surprising number of accidents where there is much less clarity surrounding who should be liable.
Many different circumstances could lead to an accident involving a motor vehicle and sometimes, there’s more than one cause, leading to multiple parties who bear liability. Some of the potentially liable parties include:
To win a motor vehicle case, your lawyer must be able to establish fault for the accident. Only once the fault is established can you collect restitution for your injuries. The process of proving fault can be done with the use of evidence, eyewitness testimony, expert witness testimony, and anything else that may be necessary to prove the defendant’s fault. Proving fault usually requires your lawyer to prove three components.
The first element of demonstrating fault is showing that there was a duty to care for the defendant. What this means is that the defendant had a responsibility to consider their actions in light of how they could affect others. They should have then taken reasonable precautions to ensure that they would not place others at increased risk of harm.
In the case of motor vehicles, this is one of the easier elements to prove. All motor vehicles have an inherent level of danger and risk to them, and it tends to be well understood that operators have a responsibility to be careful in using them.
Once a duty to care has been established, your Statesville motor vehicle accident lawyer must show that this duty hasn’t been met. This is called a breach of duty. Generally, this will mean that your lawyer must show what actions or inactions were made or not made by the defendant in the circumstances that the accident occurred. They then need to describe how that was a breach of duty.
This breach will be different, depending on who the defendant is and what responsibility they had in the situation. For instance, a breach by a parts manufacturer will likely be very different from a breach by the driver of a boat. The key, though, is that their behavior must not have met the standard of what a reasonably careful person would have done in similar circumstances.
Lastly, the breach of duty must have been the cause of the accident and, thus, the injuries that you suffered as a result of it. There are times when a breach is not the cause of an accident. For instance, speeding is a breach, but it could hardly be the cause of an accident if an even faster driver rear-ends the first driver.
It’s also important that your lawyer show how the injuries weren’t pre-existing, suffered after the accident, or exaggerated. They must be a clear result of the accident.
The costs you are able to collect from the accident will only be those that are a direct result of the injuries that you suffered in the accident. Your lawyer must prove this connection, which is why maintaining records and documentation of medical bills, property damage, and other costs is critical to your financial award. This award is paid out in damages, which come in three forms:
During his 20 years of successful service to personal injury clients, Michael D. Cleaves has established himself as a source for exhaustive accident investigation findings, effective negotiations with insurance companies, and aggressive litigation against them in courts of law.
Along the way, his injured clients and their loved ones receive attentive personal service, prompt and thorough answers to questions, and comfort for their concerns.
These full-service features are delivered strictly on a contingency fee basis. This means that you will owe no attorney fee unless Michael D. Cleaves collects money damages for you that accurately reflect your losses.
Contact us, your initial consultation is free. Home and hospital visits are available upon request. Reach us by phone at 704-871-0425, toll-free, or by email.