Evidence Articles

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Case Summary: Questions of Fact

Counterclaims and Questions of Fact Maynor v. Townsend Court of Appeals of North Carolina, 1968 Background This case arose from an accident in which the plaintiff, Aggie Maynor (Aggie), brought a claim against the defendant, William Townsend (William), the administrator of the estate of the alleged negligent driver, Berline Carter (Berline). Procedural History In trial court, at the close of plaintiff’s evidence, the parties announced…

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Case Summary: Accident Reports as Evidence

Evidence in Car Accidents: Accident Reports Keith v. Polier 109 N.C. App. 94 (1993) North Carolina Court of Appeals Background This case arose out of a North Carolina automobile accident between the two parties. Plaintiff Judy Keith (Keith) filed a negligence claim against Jacqueline Polier (Polier), Administratrix for the estate of Patrick John Ray (Ray), seeking damages for personal injuries. Procedural History At the trial…

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Case Summary: Accident Reports & Failure to Object

Evidence: Accident Reports and Failure to Object Nunnery v. Baucom 226 N.C. App. 61 (2013) North Carolina Court of Appeals Background This case arose out of an automobile accident in which it was alleged that defendant, Eric Johnathan Baucom (Baucom), caused a four car domino effect collision, leading to the collision of another vehicle and plaintiff Pamela Nunnery’s (Nunnery) vehicle. Procedural History At the Superior…

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Case Summary: Accident Reports & Voir Dire

How Accident Reports and Voir Dire Can Play a Role in Your Settlement Joines v. Moffitt 226 N.C. App. 61 (2013) North Carolina Court of Appeals Background This case arose out of an automobile accident between Jackie Joines (Joines) plaintiff, and Brittany Moffitt (Moffitt) defendant. Joines was on his motorcycle when Moffitt’s vehicle struck him and knocked him off his motorcycle. Procedural History At the…

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Case Summary: Lack of Eyewitnesses

Recovery in the Absence of Eyewitnesses Allen v. Schiller, 6 N.C. App. (1969) Court of Appeals of North Carolina Background This case arose out of an accident in which a vehicle driven by defendant, Eulene Manus (Manus), struck two of Plaintiff Herbert Allen’s (Allen) vehicles parked in front of his house. The defendant was driving a Mustang owned by Charles David Formyduval (Formyduval). Some time after…

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Detailed Information About Providing a Recorded Statement

It is important to understand the importance of recorded statements in personal injury claims if you have been involved in a motor vehicle accident in North Carolina. A recorded statement is essentially an interview conducted and recorded by the insurance company’s adjuster or representative. The goal of an insurance adjuster when creating a recorded statement is to gather as much information as possible about you…

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Preserving Evidence After an Accident

Preserving Evidence After an Accident If you have been injured in an accident, it is unlikely that you are thinking about what evidence you may need to collect in order to preserve and protect your personal injury claim. However, collecting evidence immediately after a car accident can be critical to the overall success of a personal injury claim. Unfortunately, many accident victims expect or rely…

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To-Do List After An Accident

Documenting Your Claim After a Motor Vehicle Accident When you are involved in a car accident, it is important that you carefully document the ways that the accident has affected your life, including gathering evidence related to your pain, injuries, and damages. This documentation helps to ensure that you or your lawyer have all the information necessary to prove your claim to the insurance company. Cautious documentation of…

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Witnesses at the Scene

Car accidents happen every day and result from a host of different causes. They occur without warning, leaving behind them congested traffic and property damage, as well as physical and emotional injuries. All too often, the mechanisms of car accidents are disputed, due to the fact that only the two drivers involved are available to offer their personal recollections of how the accident happened.

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