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North Carolina Rear-End Collisions: Determining Fault And Filing Lawsuits

A rear-end collision takes place when the front of one vehicle strikes the rear of another. These commonly occur at stop lights and stop signs and are often the result of another driver speeding or engaging in distracted driving or another form of reckless driving.

Rear-end accidents can cause serious injuries, and responsible parties should be held accountable for the damages they have caused.

The Charlotte car accident attorneys of The Nye Law Group want you to better understand rear-end accidents and how fault is determined. If you need legal help following a rear-end collision, contact us today for a free, no obligation legal consultation.

REAR-END COLLISION INJURIES

When a vehicle is hit from the rear, serious injuries can result even when the impact occurs at a low speed. Injuries tend to be more severe and can even result in death if the accident occurs at high speed.

Common rear-end accident injuries include:

  • Whiplash
  • Facial injuries
  • Head trauma
  • Concussions
  • Lacerations
  • Bruising
  • Spinal cord injuries
  • Traumatic brain injuries
  • Soft tissue damage

DETERMINING FAULT

Typically, the driver of the vehicle that rear-ends another car is found at fault for the accident. If it is a multi-vehicle rear-end collision, the driver of the vehicle at the very rear of the chain of vehicles is often responsible.

However, there are some cases where the driver in the front is responsible for the collision or shares responsibility because his or her actions contributed to the crash. For instance, if you were rear-ended by a speeding car and your taillights were out, you would be partially liable because your taillights might have caused the other driver to brake earlier to avoid a collision.

SHARED FAULT IN A REAR-END COLLISION

Unfortunately, North Carolina’s contributory negligence law prohibits injury victims from recovering any compensation if their actions played any role in the accident, even if the other driver was 99 percent responsible for the crash.

However, North Carolina has a last clear chance doctrine, which could allow you to recover compensation even if you hold some fault in the accident. This doctrine states that injury victims can recover compensation if they were partially at fault if they prove two things:

  • They were in a dangerous situation after their act of negligence and were unable to avoid the crash.
  • The other driver had a clear chance to avoid the accident but failed to take it.

An attorney can help you gather needed evidence, secure expert testimony and reconstruct the accident to try to accurately determine who was at fault for the crash.

COMPENSATION FOR A REAR-END COLLISION

In North Carolina, you can file a personal injury lawsuit to recover compensation for damages associated with a rear-end car accident. Damages that may be awarded in a rear-end car accident case include:

  • Medical costs
  • Lost wages
  • Pain and suffering
  • Property damage

If you lose a loved one in a rear-end accident, you may be able to file a wrongful death lawsuit to recover additional forms of compensation, such as:

  • Funeral and burial expenses
  • Loss of companionship
  • Lost income of the decedent

A Charlotte personal injury lawyer can assist you with valuing your claim and pursuing all of the forms of compensation you deserve.

CONTACT OUR CHARLOTTE CAR ACCIDENT LAWYERS

The Charlotte car accident attorneys of The Nye Law Group are prepared to conduct a thorough investigation to collect evidence in support of your claim. Our goal is to recover the fair compensation you deserve for medical bills, lost wages, and pain and suffering.

Learn about your legal options by scheduling a free, no-obligation case consultation with our firm. We accept cases on contingency, so you do not pay a fee unless we recover compensation for you.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

What You Need To Know About Car Accident Head Injury Claims in Georgia

Putting Accident

Each year, approximately 286,000 people sustain a traumatic brain injury in a car accident, according to the U.S. Centers for Disease Control and Prevention. However, the actual number of car accident head injuries may be even higher, as symptoms are often misinterpreted or considered to be part of general post-accident trauma.

These injuries can have a devastating effect on a person’s life, requiring expensive, lengthy treatment. Some injuries result in permanent disabilities and the need to rely on others to perform activities of daily living.

If the car crash that caused your injury was the result of negligence, you may be able to file a claim to obtain compensation. The experienced Savannah car accident attorneys at The Nye Law Group have helped countless victims of auto accidents recover fair compensation for their injuries.

Below, our attorneys review what you need to know about car accident head injury claims.

TYPES OF HEAD INJURY

There are many different types of head injuries that can occur during a car accident. They are generally divided into two categories: closed head injuries and open head injuries.

CLOSED HEAD INJURIES

A closed head injury occurs when there is internal damage. Two of the most common types of closed head injuries include:

CONCUSSIONS

A concussion occurs when the brain strikes the skull. This often happens when a person’s head hits the dashboard or another object during a car accident. Minor concussions may impair a person’s cognitive functions or cause depression or temporary unconsciousness. Serious concussions can result in permanent brain injury.

SUBDURAL AND ACUTE HEMATOMA

A subdural hematoma can arise when the blood in the skull clots and penetrates brain fluid, eventually penetrating the brain’s soft tissue. An acute subdural hematoma arises when the brain tissue is saturated with blood. This condition can result in the loss of cognitive function, paralysis or death.

OPEN HEAD INJURIES

Open head injuries occur when an individual suffers an impact so severe that the skull is penetrated. Some types of open head injuries that may occur in car accidents include:

LINEAR SKULL FRACTURES

These injuries penetrate the skull, but not enough to expose the soft tissue of the brain.

DEPRESSED SKULL FRACTURES

These types of fractures occur when the force of the impact crushes the skull.

BASILAR SKULL FRACTURES

This is one of the most serious types of open head injuries. It is a fracture in the portion of the skull closest to the spinal cord.

DIASTATIC SKULL FRACTURES

This is a fracture in the portion of the skull that fuses when an individual becomes an adult.

LIABILITY FOR A CAR ACCIDENT HEAD INJURY

If you have sustained a head injury in a car accident, you may be entitled to compensation for the damages you suffered. However, you must prove that the accident and your injury was a direct result of the other driver’s negligent actions.

Negligence is defined as a breach of a legal duty to act in a safe, responsible manner to prevent injuries to others.

Drivers have a legal obligation to follow traffic laws and avoid reckless driving. Examples of a breach of that legal obligation include:

  • Texting while driving
  • Speeding
  • Failure to yield the right of way
  • Running a red light
  • Driving under the influence of drugs or alcohol

GATHERING EVIDENCE TO SUPPORT YOUR CLAIM

If you file an insurance claim or personal injury lawsuit, the burden is on you to prove that the other driver’s negligence caused your injuries.

There are various pieces of evidence you can gather to help support your claim, including:

  • Police report – This report will include notes from the officer on who was at fault for the collision. The report will also note if the other driver received a traffic citation. Sometimes the report contains statements from witnesses as well.
  • Medical records – Medical records show the injuries you suffered and treatments you received. You can request that the doctor note all of your injuries that were caused by the car accident.
  • Employment records showing lost wages – You will need these to obtain compensation for wages lost because of your injury.
  • Pictures of the accident – If you are able to take pictures, try to photograph the damage to both vehicles. You should also photograph other property damage caused by the crash, such as damaged foliage or road signs.
  • Witness statements– Witnesses may have seen or heard things that you were unaware of, such as the other driver’s actions in the moments leading up to the crash.

WHAT FORMS OF COMPENSATION ARE AVAILABLE?

You could be entitled to numerous forms of compensation in a car accident head injury claim, including:

  • Medical expenses
  • Therapy expenses
  • Rehabilitation expenses
  • Lost wages
  • Lost earning capacity
  • Property damage
  • Funeral and burial expenses
  • Pain and suffering
  • Mental anguish

CONTACT THE NYE LAW GROUP TODAY TO LEARN YOUR LEGAL OPTIONS

Head injuries can result in lasting consequences for injury victims and their families.

If you or a loved one sustained a serious head injury due to another’s negligence, contact The Nye Law Group’s Savannah personal injury attorneys for assistance. We work on contingency, so we do not obtain legal fees unless you are compensated.

We also offer a free, no obligation legal consultation where we can examine the circumstances surrounding your injury and determine if you have a viable claim.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

Types of Injuries Often Caused By Truck Crashes

Tractor Trailers

Every year people die or become seriously injured in traffic accidents involving commercial trucks. These vehicles weigh so much more than traditional passenger vehicles that injuries and deaths are hard to avoid when collisions occur.

If you have suffered any of the truck crash injuries listed below, contact our experienced Savannah truck accident attorneys to schedule your free, no-obligation legal consultation so we can determine if you have a viable claim.

HEAD INJURIES

These injuries are common in head-on collisions. They are caused by a sudden impact or shaking or jarring of the head.

Head injuries often occur when drivers or passengers hit their heads on things inside their cars, such as the steering wheel. These injuries can also occur when the brain collides with the skull because of the force of impact.

Examples of head injuries include:

TRAUMATIC BRAIN INJURIES

This type of injury occurs when a violent blow or jolt damages the brain. Consequences can be catastrophic, including personality changes or changes in the victim’s level of cognitive function.

CONCUSSIONS

These are also caused by a blow to the head. Some concussions are severe and lead to incapacity. Other health issues can include headaches, memory problems and depression.

DEATH OF BRAIN CELLS

A sudden impact to the head can destroy brain cells, resulting in permanent brain damage.

BROKEN FACIAL BONES

An impact can cause a fracture to other parts of the head besides the brain. These injuries often require surgery.

SIGNS OF A HEAD INJURY

Victims of truck accidents must monitor themselves closely for possible signs of a serious head injury, such as:

  • Nausea
  • Disorientation
  • Memory loss
  • Lasting headache
  • Vomiting
  • Mood swings
  • Struggling with balance

SPINAL CORD INJURIES

Many victims of truck accidents suffer from long-term or permanent spinal cord injuries. Victims may suffer partial to complete paralysis of their legs, arms and other body parts.

These injuries often necessitate long-term medical treatment and rehabilitation. Individuals who suffer from permanent spinal cord injuries may have to adjust their lifestyle and depend on others to care for them due to limited mobility and other problems with completing activities of daily living.

BACK INJURIES

Many truck accident victims suffer back injuries, resulting in chronic pain and long-term medical complications.

Some common types of back injuries caused by truck accidents include:

HERNIATED DISCS

This type of injury is caused when the soft material between spinal discs is torn. This cushioning material is jolted out of position and pushed to the exterior. This causes the nerves to compress, often resulting in severe pain and numbness in the arms or legs.

PARALYSIS

A truck accident can cause quadriplegia, which is paralysis of all the victim’s limbs. These accidents can also result in paraplegia, paralysis of the legs and lower body.

COMPRESSION FRACTURES

This injury is caused when spinal bones are broken because of the impact.

STRAINS OR SPRAINS

Truck accident victims may suffer serious damage to muscles, ligaments or soft tissue in their back.

NECK INJURIES

The impact of a truck accident can damage the muscles, joints or ligaments in the neck. In some cases, the accident breaks the neck or fractures neck bones.

WHIPLASH

Whiplash is one of the most common types of neck injuries that car and truck accident victims suffer. It is often the result of a rear-end collision. When a vehicle is hit from behind, the neck jolts forward and then snaps back, causing an injury to the neck’s soft tissue.

Symptoms of a whiplash personal injury include:

  • Pain when moving the neck
  • Limited range of neck motion
  • Numbness in the arms
  • Dizziness
  • Stiffness in the shoulders and neck
  • Pain in the upper back and shoulders

FRACTURES

Truck accidents can result in broken bones in various parts of the body, including:

  • Legs
  • Arms
  • Pelvis
  • Ribs
  • Skull
  • Face
  • Wrists
  • Hands
  • Fingers

Truck accident victims may have to wear a cast for several months or may even require surgery to treat fractures caused by the accident.

CONTACT A SKILLED ATTORNEY FROM THE NYE LAW GROUP TODAY

The Nye Law Group’s experienced Savannah personal injury lawyers represent injury victims throughout Georgia.

If you were injured in any type of motor vehicle accident, we can discuss your legal options during a free, no obligation legal consultation. You may be entitled to compensation to help pay your medical bills and other damages you suffered in the accident.

If you have a viable claim and decide to proceed, we will only collect attorney’s fees after we have secured a settlement or verdict for you.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

9 Tips for Preventing a Dog Bite This Summer

Owner Pulling on Dogs

Many things increase in the summertime, including temperatures and the amount of dog bites and attacks.

There is a correlation between an increase in dog bites and rising temperatures, according to research published in a 2009 issue of Otolaryngology-Head and Neck Surgery. Researchers also discovered that young children are particularly vulnerable to severe dog bites in the head and neck.

Researchers do not know why there is an increase in dog bites during the summer but they suggested it is because children are more likely to spend time outside playing with dogs when the weather is warmer.

Fortunately, there are steps you can take to help reduce the chances that you or your children will suffer a dog bite this summer.

If an attack occurs and you suffer an injury, contact our dog bite attorneys in Savannah for a free consultation. You may be entitled to compensation for medical expenses and other damages.

STRATEGIES FOR AVOIDING DOG BITES

Some dog bites are unavoidable, but others might have been prevented by exercising an appropriate level of caution around the dog.

Here are nine practical tips on preventing dog bites:

1. ONLY ALLOW CHILDREN TO PLAY WITH DOGS UNDER ADULT SUPERVISION

Children, particularly toddlers, are more likely to be overly aggressive when they play with dogs. This could include:

  • Taunting or teasing
  • Pulling on the dog’s tail or other body parts
  • Sitting on the dog
  • Harassing a dog when it does not want to play

Parents need to teach their children the right way to interact with a dog to prevent it from becoming irritated or feel the need to defend itself. For example, children need to learn to leave a dog alone if it does not feel like playing.

2. KEEP YOUR DISTANCE FROM DOGS YOU DO NOT KNOW

Some dogs can be easily startled and many are very protective of their owners. If you come too close too quickly, the dog is more likely to become angry and feel it needs to protect itself and its owner.

3. DO NOT PET A DOG UNLESS IT SEES

Dogs do not like being surprised and tend to bark or attack when that happens. That is why you need to make sure a dog sees you before interacting with it.

4. ASK THE OWNER FOR PERMISSION BEFORE PETTING THE DOG

The dog will see this interaction and take it as a sign that his or her owner is comfortable with you. That makes it more likely that the dog will be comfortable with you.

5. NEVER HUG OR KISS AN UNFAMILIAR DOG

Even if a dog has seen and smelled you and appears to be comfortable with you, do not get too close. Most dogs do not enjoy being hugged or coming face-to-face with a human being.

6. NEVER ENCOURAGE ROUGH PLAY FROM YOUR DOG

If you do this, the dog will think it is OK and will be more likely to behave aggressively around you and others.

7. DO NOT DISTURB A DOG DURING SLEEPING OR EATING

Children are much more likely to do this, as they do not understand the danger presented by dogs who are startled or disturbed when sleeping or eating.

8. WATCH FOR SIGNS OF AGGRESSIVENESS OR IRRITATION

If you notice any of these behaviors, you should leave the dog alone:

  • Stiff or rigid posture – This is particularly noticeable in the hind legs. You may also notice the dog’s ears lying flat against his or her head.
  • Baring of teeth – This is a pretty obvious sign that the dog is irritated or might be about to attack. Dogs tend to do this when staring intently at their target before they attack.
  • Barking or growling – This is a warning that the dog does not like you or it is about to attack.

9. STAND YOUR GROUND IF A DOG APPROACHES YOU

If you are approached by an unfamiliar dog, you need to stand your ground. Do not run or make loud noises out of panic.

Turn your body so you are not facing the dog directly as the dog could take it as a sign of aggression. You should also avoid direct eye contact with the dog.

Use a firm, deep voice and tell the dog, “No,” or say, “Go home.”

CONTACT US TODAY TO DETERMINE YOUR LEGAL OPTIONS
Dog bites can cause a variety of severe injuries, including nerve damage, broken bones, and potentially fatal infections like rabies and tetanus. One of the most unfortunate parts about many of these injuries is that they were caused by negligence and could have been prevented.

If you think your dog attack could have been prevented, schedule a free legal consultation with our Savannah personal injury lawyers to determine your legal options.

Our experienced attorneys know how to conduct a thorough investigation to help determine if negligence occurred and how it caused your injuries.

If you have a viable claim and decide to proceed, you will not be charged legal fees unless we recover fair compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

When Should I Receive My VA Disability Pay?

Approved Application

Veterans often have many questions about the complex process of applying for disability benefits from the Department of Veterans Affairs (VA).

Even if a veteran’s application is successful, he or she may be confused about when benefits will actually be paid out.

Below, The Nye Law Group’s Savannah veterans’ disability lawyers explain how to determine when you should start receiving benefits.

If you have questions about this or other aspects of the disability benefits process, contact us today for a free consultation. We help clients with every aspect of their VA disability application.

VA DISABILITY EFFECTIVE DATE

When the VA determines that you are entitled to disability pay, it also assigns an effective date. This date determines when your benefits are payable. Different dates are assigned based on the type of benefits you are eligible for and the circumstances surrounding your claim.

Here are some of the most common types of claims and the effective dates associated with them:

DIRECT SERVICE-CONNECTION

When you are awarded benefits for a disability that is directly related to an injury or disease that was incurred because of or aggravated by military service, the effective date is the date the VA received the claim or the date your entitlement arose, whichever is later. Entitlement arises when there is medical evidence that shows the service-connected condition existed.

If the claim is filed within one year of separation from active military service, the effective date is the day following separation.

PRESUMPTIVE SERVICE-CONNECTION

If there is a disability that is presumed to be related to military service, the effective date is the date entitlement arose or when the VA received the claim. However, if the claim is received after one year of release from active duty, the effective date is the entitlement date or date of receipt of the claim, whichever is later.

DEPENDENCY AND INDEMNITY COMPENSATION

If the veteran died in service, the effective date is the first day of the month following the actual or presumed date of death. If the veteran died after service and the VA received the claim more than a year after the date of the veteran’s passing, the relevant date is when the VA received the claim.

BACK PAY

Many veterans are given incorrect information about the amount of back pay they are entitled to receive.

The amount of back pay is intrinsically tied to the effective date. The first check or deposit you receive is for the months of entitlement while your claim was pending. Veterans should take special care in securing this large payment.

WHEN WILL YOU RECEIVE YOUR FUNDS?

You should receive your funds within 15 days of receiving your award letter from the VA, depending on how you choose to be paid. Checks are sent out at the beginning of the month for the previous month’s benefits.

Direct deposit authorization helps speed up the process and prevents lost checks. You should receive a direct deposit enrollment form with your award letter.

CONTACT AN EXPERIENCED VA DISABILITY LAWYER TO DISCUSS YOUR LEGAL OPTIONS

Effective dates are often figured incorrectly, which can affect a veteran’s right to benefits. That is why you should strongly consider hiring an experienced attorney to conduct a claim review to ensure that the correct effective date is used and the correct impairment rating is applied to ensure that you receive the maximum amount of benefits you are entitled.

The attorneys at The Nye Law Group can also help you file your initial application and guide you through any appeals if you are denied. We are committed to trying to recover all of the compensation you deserve for the injuries you are dealing with.

We take cases on a contingency fee basis, so your initial consultation is free and legal fees are not charged unless we recover fair compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

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402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

119 Southern Boulevard, Savannah, GA 31405

912-200-5230 get directions
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CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

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Or Call 912-200-5230