Category: Pedestrian Accidents

How Effective are Bike Helmets at Reducing Brain Injuries?

All bicyclists know that they SHOULD wear a bike helmet when riding, to prevent potential traumatic brain injuries (commonly referred to as TBI’s).   Despite this, some riders don’t seem to know exactly how effective a helmet can be, when worn properly, to reduce the risk of brain or head injuries.    Some people assume that if they get hit by a car while riding, their helmet isn’t going to help them very much in the grand scheme of how catastrophic that accident is likely to be.  Other riders feel helmets are too uncomfortable, don’t look good, or any number of other concerns that don’t put safety at the forefront of the conversation.   The real question is whether the evidence shows that wearing a helmet is an effectiv[...]

Damages in Catastrophic Injury Cases

The question of what damages car accident victims can seek is unique to every client’s case. The term "damages" refers the various forms of compensation an accident victim is entitled to after an injury.    Of the many Western North Carolina residents who suffer catastrophic injuries in car accidents every year, everyone’s case is different. In this article, the fourth in our series on catastrophic car accident injuries, we’ll discuss damages commonly sought in personal injury cases. Lost income in catastrophic car accident cases Accident victims’ lost wages often comprise a significant portion of a settlement in a typical car accident case. These tend to be the easiest to prove if someone is regularly employed. The injured pers[...]

Common Types of Catastrophic Injuries from Car Accidents

Thousands of Asheville residents suffer injuries in car accidents every year. Most of these people are able to recover and return to their normal lives after a period of rest. However, many people are not as fortunate, suffering injuries that leave them disabled, unable to work, and rapidly accruing medical debt as a result of their accidents. Injuries that leave victims in such a state are called catastrophic injuries, which means that they are unable to ever lead the life that they led before their accidents. We’ve recently defined catastrophic injuries and discussed their effects on victims’ lives on our Asheville personal injury blog. In this article, we’ll discuss some of the common catastrophic injuries people suffer in car acc[...]

Pedestrian Accidents in Asheville

Along with topping lists of best travel destinations, Asheville tops another, less-illustrious list. The city ranks the highest in North Carolina for pedestrian accidents, per person. Over a five-year period,  Asheville’s per-capita rate of pedestrian accidents was 8.1 per 10,000 residents. Charlotte, the most populated city in North Carolina, had a rate of 5.1 accidents per 10,000 residents. This blog post is one in our series about safety issues in Asheville. We want to look at the factors that contribute to Asheville’s high rate of pedestrian and bicycle accidents and what can be done to make the city’s streets safer for people who choose to walk and bike. The flow of traffic into and out of Asheville day by day is the first pai[...]

5 steps to ensure that your claim is secure

If you’ve ever been involved in a car crash, you’ll know that it’s hard to think clearly immediately afterwards, particularly if you’ve been injured in any way.  The trauma and surprise of being in an accident can be overwhelming and disorienting.  As a result, many people fail to document important things that can come back to bite them later when they try to recover money from an insurance company for their medical bills or car damage.  Here are the 5 most important things to do to properly investigate the accident so you won’t get screwed by the insurance company later on down the road. Take photographs of every vehicle involved in the crash   This is easy with your smartphone.  Take pictures from every angle that shows[...]

Asheville’s Growing Pedestrian Safety Issues

Asheville residents who have ever walked in our city know the dangers of being a pedestrian in a growing region. Some of the most pedestrian-heavy areas in Asheville are also the most dangerous for people walking or bicycling. This phenomenon is not specific to Asheville; dozens of growing cities across the country are experiencing similar growing pains that are hazardous or even deadly to pedestrians. The need for more pedestrian-friendly city planning is evident here and in other cities with rising populations. Asheville's Street Design A recent study by the Governors’ Highway Safety Association noted a dramatic rise in the number of pedestrian deaths from 2015 to 2016. Nearly 6,000 pedestrians were killed in 2016. Last year’s incre[...]

What Is Contributory Negligence and How Does It Affect My Case?

Contributory Negligence in North Carolina Many car accident victims become confused when they learn about the concept of contributory negligence in North Carolina. They usually discover that their car accident claim is barred when the at-fault insurance company denies their claim on the basis of contributory negligence. In North Carolina, people who allege negligence cannot file suit if they were even partially responsible for their damages. Many common-sense beliefs about car accidents and liability do not apply in North Carolina because of the state’s contributory negligence doctrine. One common situation is when a victim is injured when they are rear-ended at a stoplight. The victim was not wearing a seat belt at the time of the cras[...]

How to Pay Medical Bills After a Car Accident

What to Do About North Carolina Car Accident Medical Bills Asheville residents who have been involved in car accidents are faced with many problems once they’ve been discharged from the hospital. The question that plagues everyone is about how to pay medical bills after a car accident. The at-fault driver’s insurance company will not pay for any of your treatment costs until there is a settlement agreement, which could leave you on the hook for your bills – for now. Ideally, you will obtain a settlement from the at-fault driver’s insurance company to compensate for all your medical bills, lost wages, and other expenses you had to pay because of your accident. However, you generally won’t be able to reach a settlement until you h[...]

Are Personal Injury Settlements Taxable Income

What Makes Personal Injury Settlements Taxable? The vague feelings of dread that accompany tax season might be especially intense if you’re wondering if your personal injury settlement is taxable. Federal tax laws specifically address what circumstances make personal injury settlements taxable. The good news is that you may not have to pay taxes on a personal injury settlement. However, the bad news is that there are a few circumstances where the IRS may be entitled to some of what you receive from the insurance company. The IRS website has more information on personal injury settlements and federal taxes. Most Personal Injury Settlements Are Not Taxable Settlements arising from physical injury are generally not taxed. Settlemen[...]

Can I get a settlement in my Asheville concussion case?

Do North Carolina insurance companies offer post-concussion syndrome settlements? NFL concussions are on everybody’s mind with the convergence of the Super Bowl and an Oscar-bait film about the topic. But football players aren’t the only people susceptible to concussions. Car accident victims suffer concussions at an alarming rate. According to a recent CDC study on traumatic brain injury, more than 230,000 people visited emergency rooms over a four-year period for concussions caused by car accidents. Concussions are called “hidden” injuries because it’s not always obvious when a person has experienced one. The effects of these traumatic brain injuries can last the rest of a person’s life. What is Concussion? Concussions are[...]