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October 27, 2021

IS THE MOTORCYCLIST AT FAULT FOR THE ACCIDENT?

If a motorcyclist has done something negligent to contribute to an accident, they can be found at fault.

It is common for drivers of other vehicles to blame motorcyclists for driving recklessly and causing accidents, but they are not always at fault. There are many times another party is at fault and can be held responsible for any damages and injuries suffered by the motorcyclist.

Motorcycles offer very little protection, which means that a motorcycle crash brings an increased chance of serious injury, such as a traumatic brain injury or even death. This can change people’s lives forever with medical bills piling up for ongoing care and treatment at a time when the motorcyclist may not be able to work.

If you or a loved one has been injured in a motorcycle accident in eastern North Carolina, and it was not your fault, a motorcycle accident attorney at Hardee, Massey & Blodgett can help you receive the compensation you may deserve for your losses through insurance or a personal injury lawsuit. While no amount of money will be able to make up for the pain and suffering that comes with a catastrophic injury, a personal injury settlement may be able to help by easing financial burdens and paying for the care and rehabilitation you or your loved one may need.

The personal injury laws in North Carolina are complicated. State negligence laws make it fundamental to prove that the other party was at fault. When you are trying to recover during this difficult time, the attorneys at Hardee, Massey & Blodgett can take the burden off you and your family by handling the insurance companies, legal hurdles and requirements that will be involved in getting you compensation you may deserve so you can focus on getting well and moving on with your life.

Other parties will try to prove that you or your loved one was at fault.

The job of our motorcycle accident attorneys is to help prove you were not at fault and to find the parties that were and hold them accountable. This is especially true in the state of North Carolina, because we are one of four states that use the doctrine of pure contributory negligence (NC Gen. Stat. §1-139).  This means that if you or your loved one was even 1% at fault, the insurance company may not be legally obligated to compensate you for any of your injuries. For this reason alone, you should not say anything, specifically the insurance company, to anyone indicating that you may have been at fault as this could be held against you.

If you’ve or a loved one has been injured in a motorcycle accident in eastern North Carolina, make sure you do the following:

Contact a personal injury attorney immediately. An experienced injury lawyer will guide you through the legal process and ensure you receive the medical treatment you need.

Seek medical attention and report any symptoms. Documenting your  injuries to show how you are feeling after the incident is imperative for your case.

DO NOT talk to the insurance company. Never talk to an insurance company without contacting an attorney first!

Keep a medical journal and follow up with treatment. Follow your doctor’s orders and keep a report of  your symptoms.

 

Let the team of attorneys at Hardee, Massey & Blodgett fight for the compensation you deserve. With our proven record of handling cases such as these you can count on honest and hardworking representation. Call us today, there are no fees until we win your case.

 

 

October 22, 2021

WHAT TO DO IF YOU ARE IN A CAR ACCIDENT

The scene immediately following a car accident can be very confusing and chaotic. It can be difficult to think clearly with your emotions running high. You may not know what to do.

At Hardee, Massey & Blodgett, we hope that you are never have to experience a car accident, but if you do, we hope that these tips will help you be more prepared. The time right after the car accident is important from a medical and legal standpoint. Being prepared and knowing what you need to do will ensure your rights are protected – especially if you were injured due to the negligence of another.

Accidents happen to the most responsible drivers and those accidents can range from minor fender benders to a severe collisions. And every accident deserves the same amount of attention, and the same steps should be followed in every accident. Our tips cannot prevent the accident from happening, but they can help immediately following the accident.

Make Sure You Are Safe.

If possible, put your car in park and turn it off. If the accident is minor, and you can, move off the road or out of traffic to a safe location. Even if the accident is minor, never leave the scene. If someone is injured, you should not move them for any reason other than an emergency.

Call the Police and Report Your Accident.

By doing so you are ensuring the accident gets investigated and documented, as well as first responders will be called out to help.

Get Medical Attention.

If you are unsure, always seek medical care. If you are taken by ambulance to the emergency room, and the emergency room doctor recommends that you follow up with another doctor, you should do so as soon as possible.

Use Your Health Insurance When Receiving Care.

Using your own insurance at the hospital or doctor’s office can prevent medical bills from piling up and it will ensure you get the medical care you need – even if the accident is someone else’s fault.

Report the Accident to Insurance Companies.

You should call your insurance company and report the accident, as well as calling the at-fault driver’s insurance company and report the accident. The at-fault driver’s insurance company should be noted on the Accident Report you are given by the police who responded to the accident. You should be sure to write down the “claim” number given by both insurance company.

DO NOT Speak with An Adjuster.

Once you’ve reported the accident you will get calls from an insurance adjuster. If you are going to contact an attorney, do not provide any information beyond what is necessary to the insurance adjuster. Do not do a recorded interview and do not sign anything before speaking with your attorney.

Document. Document. Document.

Be sure you are keeping track of all the information and documentation you are receiving related to the accident and your damages. Make sure you are taking photos, keeping receipts, and keeping track of all your medical bills and records. Make sure to include time lost from work and any other out-of-pocket expenses that resulted from the accident.

Call an Attorney.

If you or a loved one is injured, you need to speak with an experienced attorney early. An experienced personal injury attorney can likely help you navigate the legal process. We encourage you to contact us for your free consultation with a personal injury attorney in our Greenville, NC office. If you cannot come to us, we can come to you. Contact the attorneys at Hardee, Massey & Blodgett today.

October 18, 2021

SCHOOL BUS SAFETY TIPS

This week is National School Bus Safety week. and the staff at Hardee, Massey & Blodgett would like to take this opportunity to provide some reminders for year round school bus safety. This year’s campaign theme, “Be Safe; Know the Danger Zone.”

25 million students nationwide begin and/or end their day with a trip on a school bus. School buses are designed for safety, with their flashing lights, giant mirrors, stop-sign arms and their bright yellow color. Did you know students are 70 times more likely to get to school safely when taking a school bus instead of traveling by car, according to the National Highway Traffic Safety Administration?

School buses are one of the safest ways for students to travel. Nearly two-thirds of school bus-related fatalities of school-age children occur outside of the school bus. Parents and children need to do their part to stay safe both in and around school buses. The American School Bus Council offers the following tips for school bus safety:

Getting Ready for School:

  • Put everything in a backpack so students won’t drop papers along the way
  • Wear bright colors whenever possible
  • Make sure they leave in plenty of time to catch the bus, as running can be dangerous

Headed to the Bus Stop:

  • Walk in groups
  • Walk on the sidewalk – out of the street if possible – single file and facing traffic
  • Look both ways before crossing the street, as well as around driveways and alleyways

At the Bus Stop:

  • Arrive early – at least five minutes before the bus is scheduled to arrive
  • Stand 6 feet away from the curb while waiting for the bus
  • Make sure to supervise young children

Around the Bus:

  • Cross in front of the bus and make eye contact with the driver before crossing
  • Never walk behind the bus
  • If you drop something near or under the bus, do not pick it up; tell the bus driver instead

Getting On/Off the Bus:

  • Wait until the bus has stopped and the door opens before approaching the bus or standing up on the bus
  • Use the handrail
  • Secure any loose or hanging objects

Behavior on the Bus:

  • Buckle up if seat belts are available
  • Stay in your seat keeping all body parts and papers inside the bus, and talk quietly
  • Keep aisles clear of book bags

Cell Phones: if they are permitted

  • Keep them in your backpack and not in your hand when entering or exiting the bud
  • Keep the sound muted or use headphones
  • Do not create a distraction for the driver

This blog is for informational purposes only.

October 14, 2021

STATUTE OF LIMITATIONS AFTER AN ACCIDENT

Many things can go wrong when it comes to a car accident. Being hit in the wrong place can cause an injury that can last a lifetime. Unless you receive medical care from a professional after an accident, you may not know how bad your injuries were or what the expected timeframe for healing may be. Most of the time people will walk away from an accident with none or minor injuries.

However, a trip to the doctor’s office comes with medical expenses and most people do not have expendable savings available to them for those bills. It is imperative that you speak with an attorney if you’ve been in an accident that was caused by negligence of another party. When you speak with an experienced attorney, they can help you understand what options you have after an accident.

No one want to be involved in a lawsuit after an injury, but there are times when you have no other option. Having medical treatments after an accident isn’t something you want to be involved in either. You need to provide for yourself and your family which can be difficult if you are left in a situation of not being able to work and the bills are piling up. If this is the case pursing a lawsuit may be your only option.

Sometimes complications from accidents don’t show up immediately. They may take some time to surface, and you cannot file a lawsuit if you don’t have an immediate medical issue. This is when “the discovery rule” comes into play. The statute of limitations for personal injury of three years doesn’t begin until the injury is noticed. What does this mean? It means if you were involved in an accident and didn’t realize you were injured until days later (this happens more often than not), your three-years begins when “bodily harm becomes apparent or ought to have become apparent”. This is one of the reasons you have time to file a claim.

Whether you or a loved one was injured in an accident, it is a good idea to speak with an experienced personal injury attorney after the accident. You may not be hurt, but that does not mean that you won’t have to be compensated for other damages. Give the attorneys at Hardee, Massey and Blodgett a call. We have over 58 years of combined legal experience with matters just like this. We will do everything we can to ensure you get the compensation you may deserve. Our attorneys will be by your side every step of the way.