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Chapel Hill Woman Wins $825,000 Settlement for Injuries Sustained in Head-on Collision

Posted by Josh Valentine | Sep 18, 2017 | 0 Comments

In February 2016, a woman from Chapel Hill was driving home from work on Highway 54 when another driver lost control of his vehicle and collided head-on with the defendant's vehicle at a speed of 45-miles per hour. Recently, the two drivers were able to settle the case for $825,000.

The lawsuit was brought under the theory of negligence. Negligence occurs when someone has a duty to others, fails in that duty, and through this failure, causes harm to others. While driving a vehicle, every driver has the obvious duty to not harm others with their vehicle. Drivers fulfill this duty by following the rules of the road, being attentive, and driving appropriately for the conditions.

In the case above, a settlement was reached before the case went to trial. If the parties had not settled and the case had gone to trial, a guilty verdict would have meant that the defendant failed in his duty and, because of his failure, he lost control of his vehicle. His failure to maintain control of his vehicle allegedly caused the head-on collision that resulted in the plaintiff's injuries.

This case was a little unusual because the defendant had a rare muscular nervous disorder and the defendant claimed this caused the accident. However, a neurologist testifying as an expert witness was able to show that the defendant was well aware of his medical condition before the accident. The plaintiff argued that the defendant was negligent because he didn't take measures to prevent his medical condition from interfering with his driving. In a further twist, the defendant's father was a medical doctor. Because the father also knew of his son's medical condition, he was named as a co-defendant in the suit under the theory of negligent entrustment.

The plaintiff involved in this settlement suffered injuries that included a fractured leg and a crushed ankle. She was out of work for several months. By suing the at-fault driver for his negligence, a vehicle accident victim can potentially receive monetary compensation. That won't erase the emotional and physical trauma that was suffered but it can help the victim recover. In a typical car accident negligence case, the plaintiff/victim will seek compensation for quantifiable expenses such as property damage, medical expenses, lost income, future medical expenses, lost earning capacity, and out-of-pocket expenses. A plaintiff may also seek compensation for injuries that are harder to quantify, such as pain and suffering.

Experienced North Carolina Auto Accident Attorneys

If you have been injured in a vehicle accident, you could be entitled to compensation. Coping with the physical and emotional toll of an accident is difficult. You may want to move on and feel you don't have the time or energy to worry about a lawsuit. However, if the accident could have been prevented if the at-fault driver had been driving safely, you deserve compensation to help you move on. Let us handle the legal obligations for you. Contact Caulder & Valentine today for a consultation.

About the Author

Josh Valentine

All through my life, I have personally witnessed family members and very close friends endure divorce, child custody battles, bankruptcy, civil lawsuits and even fraudulent criminal accusations. I both saw and experienced the stress such events can place on an individual, and I realized that everyone, at some point in their life, needs hope, comfort, and encouragement. In each one of those situations, the person that was best situated to provide that vital support was their lawyer.  So that's why I became an attorney.  I understand what you are going through—and I'm here to help you.  Our office is focused on meeting your needs and guiding you through what may be the most difficult time of your life. Before attending law school, I worked for a law firm focused on record clearing services, including expungements, pardons, and motions for appropriate relief.  The vast experience and understanding of North Carolina's expungement laws that I have acquired has given me an advantage in defending criminal charges, because not only do I fight for the best possible outcome in your case, but I am also continually conscious of the long term effects that a criminal charge or conviction can have on a person's life.  As such, I will do whatever I can to insure that my clients will not end up with a criminal record.  I was born in New London, Connecticut, but spent the first few years of my life in Dallas, Texas, before moving to Rutherfordton, North Carolina in 2001.  Upon graduating from high school, I attended Gardner-Webb University in Boiling Springs, North Carolina, where I majored in Accounting.  Eager to finish school, I began law school at Charlotte School of Law the day of my graduation from GWU, and completed my law degree in two years (instead of the typical three). During law school, I studied hard and strived to acquire the most experience possible so that I would be practice ready upon graduation.  The opportunities I gained included prosecuting criminal defendants through an externship with the Burke County District Attorney's Office, defending criminal defendants through Charlotte School of Law's Criminal Justice Clinic, and interning with Farmer & Morris, PLLC. I am blessed with a beautiful wife, Gabrielle Valentine, who is an attorney at Farmer & Morris, PLLC, in Rutherfordton, North Carolina.  In my free time, I enjoy helping with the youth group in my church, playing basketball and softball in our local church leagues, serving in the prison ministry, and spending time with my family.  Education: Charlotte School of Law J.D., Magna Cum Laude Class Rank – 21 of 328 Associate Editor of Charlotte School of Law Law Review Certification and Concentration in Employment Law Phi Delta Phi International Legal Honor Society Order of the Crown Pro Bono Honors CALI Awards (Highest Grade)—Lawyering Process I and Contracts I Full Scholarship Gardner-Webb University B.S. in Accounting, Summa Cum Laude Distinguished Senior Student Award – Highest GPA Alpha Sigma Lambda National Honorary Society Bar Admissions: North Carolina State Bar


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