Statesville Motor Vehicle Accident Lawyer

Statesville Motor Vehicle Accident Attorney

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.

Possible Motor Vehicle Accidents in Statesville, NC

A motor vehicle accident could involve any conveyance that operates with a motor, whether on land or water. When these accidents happen in Statesville, North Carolina, 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:

• Automobiles
• Trucks
• Motorcycles
• Boats
• Personal Watercraft (Jet Skis, etc.)

Who May Be Liable in a Motor Vehicle Accident in Statesville, NC?

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:

• Driver of a Vehicle Involved in an Accident – Most frequently, another driver in the accident is going to be the most likely liable party.
• Driver of a Vehicle Not Involved in an Accident – There are times when drivers of another motor vehicle, either on land or in the water, can behave in a reckless manner that forces others around them to take evasive maneuvers. However, this might cause an accident with another party, which could lead to the original reckless driver being at fault.
• A Driver’s Employer – When someone driving for commercial purposes gets into a car accident, there is a possibility that their employer could be at fault. In particular, this may be the case if there was a policy within the company that created a greater likelihood of reckless driving, such as unreasonable delivery expectations.
• A Parts Manufacturer – In some circumstances, an accident can be triggered by the failure of a part of the vehicle, such as the braking system. When this happens, if the part has been properly installed and maintained, the manufacturer of the part or vehicle could be liable.
• A Maintenance Provider – There are times when a maintenance provider has failed to provide the service that they were contracted for or installed something improperly. If this is the case, then that maintenance provider may be at fault.
• The Government – Governments are responsible for maintaining roads and waterways. They are also responsible for signs, lights, marking hazards, and other elements of upkeep and safety. Failure in any of these could lead to the government being liable for an accident.

How Do You Win a Statesville Motor Vehicle Accident Claim?

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.

Duty to Care

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.

Breach of Duty

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.

The Breach Caused the Accident

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.

What Restitution Is Awarded in a Motor Vehicle Accident Claim?

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:

• Economic Damages – These are damages that address the financial component of your injuries. Costs like medical bills, property damage, and lost wages are included. This can also cover future costs, so if your injuries are serious enough to require ongoing medical care or prevent a return to work in the same capacity, future medical bills, and lost earning capacity will be addressed as well.
• Non-Economic Damages – These will cover the less tangible costs associated with your injuries, such as pain and suffering, mental anguish, and other psychological costs.
• Punitive Damages – These are meant as a punishment for the defendant and are only given out for malicious and egregious behavior.

Contact Our Statesville Motor Vehicle Accident Lawyer Today

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.