Legal Question in Personal Injury in North Carolina

Passenger in car accident

My son was injured in a car crash

that was driven by his friend who

missed a stop sign that was

obscured. They were hit into the

passenger side and both flew out the

passenger side window. The accident

was his friend's fault even though

the police did not file charges. He is

still in the hospital five days later.

How should we proceed so we will not

be stuck with all the hospital, etc

costs? Thank you!


Asked on 11/30/08, 6:52 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Passenger in car accident

I am sorry that this happened to your son.

You must primarily preserve your son's claim against the driver, and possibly against any persons responsible for obscuring the stop sign (e.g. the landowner, or the municipality). You need to assess the "liability" coverage available, as well as any "underinsured" motorist coverage. Hopefully your son has some first-party insurance that will pay for some or all of the bills. (You may also have some "med pay" coverage, but that will be very small in comparison with the total bills.) These cases are extremely tricky, and it sounds as if the injuries are significant. You almost certainly want to consult with an attorney about these issues in more detail. In a case involving a stop sign like this, you (or your attorney) wants to immediately get pictures of the scene and the stop sign, especially before the foliage changes. I primarily handle these types of cases (automobile negligence, and also cases involving road signage), and you may contact me if you wish to discuss these issues further. [email protected].

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Answered on 11/30/08, 7:09 pm


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