Farris & Thomas LawFindLaw IM Template2026-09-05T17:05:12Zhttps://www.farristhomas.law/feed/atom/WordPress/wp-content/uploads/sites/1405175/2019/11/cropped-favicon-min-32x32.jpgOn Behalf of Farris & Thomas Law<![CDATA[Can you sue for emotional distress without injury in a car crash?]]>https://www.farristhomas.law/?p=492882026-09-05T17:05:12Z2026-09-05T17:05:12ZA car accident can be traumatic. Sometimes, it can cause devastating emotional damage even if there is no physical injury involved. That being the case, can you seek damages for emotional distress in North Carolina? You may, but it depends on various factors. Here is what you need to know about them.
When can you recover for emotional distress without a physical injury?
If you suffer physical injuries in a car accident, you can recover for emotional distress as part of your standard pain and suffering damages. Alternatively, you may pursue an independent claim for negligent infliction of emotional distress (NIED) even without physical injury if you suffer severe emotional distress. For the latter, the court would expect you to prove the following:
The other driver acted negligently
The other driver could have reasonably foreseen that their conduct would cause severe emotional distress
The negligent conduct directly caused you to suffer severe emotional distress
For car accident occupants, proving foreseeability can be complex, as you are expected to show that a reasonable driver could anticipate their actions would cause severe emotional distress.
What evidence can support an NIED claim?
As mentioned earlier, in North Carolina, you don’t have to be physically injured for NIED claim. However, you are still required to show a clear link between the other driver’s negligent act and your emotional distress. Documented proof of severe emotional distress, including psychiatric diagnoses, treatment records and medication history, can come to your rescue in a personal injury case.
What to consider before pursuing an NIED claim
If you don’t have a clear strategy and enough evidence in place, the at-fault driver’s insurance company may dispute an emotional distress claim. Most importantly, North Carolina is a pure contributory negligence state where a victim’s actions will be more scrutinized. If you are found to have contributed to the accident in any way – even slightly – you may be completely barred from recovering damages. An attorney experienced in personal injury cases can help collect evidence to show the extent of your emotional distress while you focus on recovery. ]]>On Behalf of Farris & Thomas Law<![CDATA[How preexisting injuries affect a personal injury claim]]>https://www.farristhomas.law/?p=492842026-08-24T16:38:17Z2026-08-24T16:38:17ZA prior injury does not end a claim
A preexisting condition can include an old back injury, arthritis, a past surgery or another health problem. If the condition existed before the accident, the person may still have a claim for harm caused by the new event.
North Carolina law allows recovery when another person's negligence aggravates an existing condition. The person must show that the accident caused additional harm. The claim does not simply cover problems that existed before the accident.
This makes the person's condition before and after the accident important. Medical records can help show that change.
Medical records can show what changed
Doctors may review a person's medical history and compare it with symptoms that appeared after the accident. They may also use physical exams, scans and other tests to determine whether the accident caused or worsened an injury.
Useful evidence may include:
Medical records from before the accident
Records of new or increased pain
Tests taken after the accident
Changes in physical activity or daily tasks
A doctor's opinion about the cause of the new symptoms
Good records can help separate an old condition from the harm caused by the accident. That difference can affect the value of a claim.
What damages may be considered?
If an accident makes an existing condition worse, a person may seek damages for the additional harm caused by that aggravation. This can include related medical care, pain and suffering, and losses tied to the new limitations. A person generally cannot seek compensation for problems that the accident did not cause or worsen.
Being honest about past injuries and following medical advice can help create a clear record. A previous condition does not automatically prevent recovery after an accident. What matters is showing what changed and connecting that change to the accident.]]>On Behalf of Farris & Thomas Law<![CDATA[How truck blind spots cause serious crashes]]>https://www.farristhomas.law/?p=492822026-08-10T12:55:07Z2026-08-10T12:55:07ZLarge commercial trucks travel through Wilson and surrounding North Carolina communities every day. While these vehicles play an important role in moving goods, they also create safety risks that many drivers do not fully understand. One common danger involves truck blind spots. Knowing where these areas are and how crashes happen can help drivers make safer decisions on the road.
Where truck blind spots are located
Commercial trucks have more blind spots than passenger vehicles. These areas often extend in front of the truck, behind the trailer and along both sides, especially the right side. If a car stays in one of these areas, the truck driver may not see it before changing lanes or turning.Drivers can reduce this risk by avoiding long periods beside a truck whenever traffic conditions allow. Understanding these blind spots helps explain why many serious crashes happen.
How blind spots contribute to crashes
A truck driver may begin changing lanes without realizing another vehicle is traveling beside the trailer. Blind spots can also make it harder to see vehicles during wide turns, merging or backing up. These situations may lead to sideswipe collisions, vehicles getting pushed off the road or crashes involving multiple vehicles.Under North Carolina law, every driver has a duty to operate a vehicle with reasonable care. Federal safety rules also require commercial trucking companies and drivers to follow safety standards that help reduce preventable crashes. These legal duties provide important context when fault becomes an issue.Knowing the common causes of these crashes also highlights ways to stay safer.
Steps drivers can take around large trucks
To minimize these risks and stay safe on the road, drivers can adopt the following proactive habits:
Pass trucks promptly instead of driving beside them.
Leave extra following distance behind a trailer.
Avoid cutting in front of a truck after passing.
Watch for wide turns at intersections.
Signal clearly before changing lanes near a truck.
These habits can lower the chance of entering a truck's blind spot.Truck blind spots remain a serious safety concern because they limit what drivers can see. When a collision occurs, a skilled legal professional can help injured parties deal with the complexities of fault and recovery to ensure their rights are protected.]]>On Behalf of Farris & Thomas Law<![CDATA[What to do after a fender bender in the school parking lot?]]>https://www.farristhomas.law/?p=492802026-08-06T11:42:39Z2026-08-06T11:42:39ZCheck everyone for injuries first
Your immediate priority involves making sure everyone stays safe. First, check on your child and any passengers in your vehicle. Then, step out carefully and check on the other driver and their passengers. Even if everyone feels fine, some injuries do not show symptoms right away. If anyone complains of pain or seems shaken up, call 911 immediately.
Always call the police, even when the damage looks minor
Many parents skip this step because the accident seems small. However, North Carolina law requires you to report any accident that causes injury, death or total property damage of $1,000 or more. That threshold arrives faster than you think with today's repair costs. A police report creates an official record that protects you if the other driver changes their story later. The responding officer will document the scene and create a report number you will need for your insurance claim.
Document everything with your phone
While you wait for the police, use your phone's camera to capture evidence. Take photos of:
All vehicle damage from multiple angles
The entire accident scene, including traffic signs and road conditions
License plates of both vehicles
The other driver's license and insurance card
Any visible skid marks or debris
These photos serve as powerful evidence if disputes arise later about how the accident happened or the extent of the damage.
Exchange information properly
Get the other driver's full name, phone number, insurance company and policy number. Write down their license plate number and vehicle make and model. Provide your information in return but keep the conversation brief and factual. Never admit fault or apologize, even if you think you caused the accident. North Carolina follows a strict pure contributory negligence rule, meaning if an insurance company finds you even 1% at fault, you cannot recover any compensation.
Protect yourself when the other driver lacks adequate insurance
School parking lots attract drivers from all backgrounds and financial situations. Some carry minimal insurance, while others drive without any coverage at all. If the at-fault driver cannot pay for your damages, your own uninsured or underinsured motorist coverage may step in. Review your policy or contact your insurance agent to confirm your coverage limits.
Get professional help early to avoid expensive mistakes
Consulting with legal counsel right after your accident prevents costly errors that can derail your claim. You need an advocate with personal injury experience who can manage the stressful negotiations with insurance companies while you focus on your family and career. This early intervention often means the difference between fair compensation and settling for far less than your vehicle damage actually costs.]]>On Behalf of Farris & Thomas Law<![CDATA[What causes jackknife crashes and who can be held liable?]]>https://www.farristhomas.law/?p=492782026-07-27T07:00:54Z2026-07-27T07:00:54ZFactors that cause a jackknife
Several driving errors and road conditions can set these accidents in motion. The most common factors include:
Sudden braking that locks the wheels and causes the truck or trailer to skid
Excessive speed that increases the risk of losing control
Sharp steering maneuvers that cause the tires to lose traction
Slippery roads that make it harder for tires to maintain contact with the road
Other contributing factors can involve brake problems, worn tires or improperly secured cargo, meaning liability may extend beyond the driver’s actions.
Parties who bear legal responsibility
A trucking company may share responsibility for a jackknife crash when its driver causes the collision while working within the scope of employment. Its own practices can also contribute to the accident, including delivery schedules that place pressure on drivers to meet demanding deadlines.
Liability can also extend to parties whose work contributed to the crash. A maintenance provider, for example, may bear responsibility if it returned a rig to service with defective brakes despite federal requirements for safe braking systems. Improperly secured cargo can implicate the company that loaded it, while a manufacturer may be liable when a defective component causes the failure.
Evidence that establishes fault
Proving fault after a crash relies on several sources, such as:
The truck's onboard data recorder
The driver's hours-of-service logs
The official crash report
The dashcam or surveillance footage
Some of this evidence can be overwritten or lost if it is not preserved promptly. Sending a preservation letter might prevent this and give you the opportunity to get information that insurers may overlook.
Rules that impact your recovery
Under North Carolina's contributory negligence system, a defendant may try to show that your own negligence contributed to the crash. If that defense succeeds, it can prevent you from recovering compensation even when another party was also negligent.
Legal counsel can review the circumstances of the crash, explain your options and handle communications with the trucking company and its insurer as the claim moves forward. An attorney can also help you address legal or procedural issues that arise as the case progresses.]]>On Behalf of Farris & Thomas Law<![CDATA[Who is at fault when a driver fails to see your motorcycle?]]>https://www.farristhomas.law/?p=492752026-07-14T10:41:26Z2026-07-14T10:41:26ZEach driver's conduct may affect fault
A driver usually cannot avoid responsibility by simply claiming they did not see a motorcycle. Motorists often have a legal duty to watch the road, check blind spots and obey traffic signals. If a driver made an unsafe lane change, failed to yield or acted carelessly in another way, that conduct will generally result in liability.
The analysis does not stop there. In North Carolina, the pure contributory negligence rule sets a much stricter standard than in other states. If an insurer or court finds that you contributed to the crash, even by a small amount, you could lose the right to recover damages.
Because of that legal standard, insurers often look closely at issues such as speed, lane position and other riding decisions. Contributory negligence is also a legal defense, and the party raising it generally must prove it. One exception to that defense is the last clear chance doctrine. Even if you shared some responsibility, you could still recover compensation if the other driver had the final reasonable chance to avoid the collision and failed to do so.
Key facts to remember
Determining fault in a motorcycle crash involves more than reviewing the police report. Witness statements, photographs, vehicle damage, traffic camera footage and expert opinions can all shape the outcome.
Legal guidance may help you understand how the available evidence and the law apply to your situation. That review often provides a clearer picture of your potential rights and whether you can seek reimbursement for your losses.]]>by Farris & Thomas Law<![CDATA[Why some injury claims fail and how to avoid it]]>https://www.farristhomas.law/?p=492712026-07-03T07:56:26Z2026-07-03T07:56:26ZCommon reasons insurers deny injury claims
Insurance companies review injury claims closely and may deny them for several reasons including:
Lack of strong evidence: Proper evidence links an injury to the accident. Missing or inconsistent evidence can lead to questions about the claim.
Liability disputes and shared fault claims: Insurers may dispute who caused the accident or argue that the injured person shares some blame. These disputes can affect the outcome of a claim.
Delayed medical treatment: Delays in medical care can weaken a claim. Insurance companies may question whether the injury was related to the accident.
Missed filing deadlines: Claims must meet important legal and insurance deadlines. Missing a deadline can limit the ability to recover compensation.
Policy exclusions or insufficient coverage: Some accidents fall outside a policy's coverage. A claim may also exceed the policy's limits, which can lead to a denial.
Pre existing condition: Insurance companies can review prior medical conditions. They may argue that an earlier injury caused the symptoms.
A strong claim starts with the right legal help. An experienced attorney can help recognize these issues early and support a well-documented injury claim.
Steps to protect a claim
A strong injury claim begins with the right legal guidance. An experienced personal injury attorney can help protect the claim by:
Gathering medical records, accident reports, witness statements, and other important evidence.
Speaking with the insurance company to help prevent costly mistakes.
Keeping track of legal and insurance deadlines.
Reviewing insurance coverage to identify every available source of compensation.
Providing additional evidence when the insurance company requests more information.
Early legal support can help avoid common problems, strengthen the claim, and improve the chances of a fair financial recovery.
Moving past a denial
A denied injury compensation claim does not always end the case. Prompt medical care, clear evidence, and complete records build a stronger claim and improve the chances of a favorable outcome. When questions arise, an experienced personal injury attorney can review the case, explain the available options and help pursue fair compensation.]]>On Behalf of Farris & Thomas Law<![CDATA[Are you liable if someone else crashed your car?]]>https://www.farristhomas.law/?p=492692026-06-30T11:35:51Z2026-06-30T11:35:51ZSomeone borrowed your car and crashed it. Now you are entangled in a legal mess and stuck with the question "who should face the legal and financial consequences?" If you are from North Carolina and are facing this situation, here is what you need to know.
When are you held liable for the crash?
One of the most important principles to understand in North Carolina is that car insurance typically follows the vehicle, not the driver. North Carolina law extends your insurance policy to cover anyone operating your vehicle with your permission. This means that if you let a friend borrow your car and they cause an accident, the injured party can file a claim directly against your insurance policy.
When are you not held liable for the crash?
If you did not give the driver permission to use your car, you may have grounds to dispute the injured party's claim. However, it is important to understand that permission does not always have to be explicit. Even without a direct conversation, courts may find implied permission based on the relationship between you and the driver and any history of past use. In those situations, your insurer may still treat the driver as a covered user under your policy.
Facts will decide the outcome of the case
Courts analyze each motor vehicle accident case on its own facts by examining the sequence of events that led to the accident. The specifics of the situation will ultimately shape the outcome. If you are dealing with a situation involving someone else crashing your car in the Wilson area, having a motor vehicle accident attorney in your corner can help you build a strong defense and protect your rights every step of the way.
]]>On Behalf of Farris & Thomas Law<![CDATA[Distracted driving collisions can be financially devastating]]>https://www.farristhomas.law/?p=492672026-06-10T20:28:30Z2026-06-10T20:27:33ZDistracted driving is one of the leading causes of vehicle accidents across North Carolina. Even a few seconds of distraction can lead to devastating consequences. For accident victims, understanding the steps to take after a distracted driving accident might protect their recovery and potential compensation claim.
Common examples of distracted driving
Distracted driving refers to any activity that can take the driver's attention away from operating a vehicle safely. There are numerous driving distractions that could threaten general road safety, including:
Using mobile devices while driving
Eating and drinking
Using in-vehicle technology while driving
Grooming while driving
Interacting irresponsibly with passengers
Adjusting vehicle controls
Along with the above-mentioned possibilities, even a brief moment of distraction can cause the driver to miss traffic signals, pedestrians crossing the road or sudden stops.
What compensation might be available?
The impact of a distracted driving accident on a victim could range from immediate physical injuries to life-altering consequences. Depending on the circumstances of the incident, injured victims might be entitled to recover compensation for:
Medical expenses: Costs of medical care, surgeries and medication
Lost wages: Any income lost during recovery
Ongoing and future medical expenses: Costs such as ongoing and future medical expenses, rehabilitation, assistive devices, and future treatment needs
Pain and emotional distress: Compensation for the physical and emotional toll on victims' lives
Property damage: Compensation could cover repair costs, towing expenses, rental vehicle costs, and damage to personal property inside the vehicle
Reduced earning capacity: Future income losses resulting from the accident
North Carolina has a very strict contributory negligence rule. Under this rule, an injured person who is found even partially responsible for an accident could be barred from recovering compensation. Therefore, it is important to carefully document the circumstances of the crash and avoid making statements that could be misinterpreted later. Insurance companies might examine whether an accident victim contributed to minimize or deny claims.
Seeking fair compensation
Distracted driving accidents can leave victims facing significant physical, emotional, and financial hardships. Understanding legal rights and seeking legal guidance could help victims make informed decisions and protect their ability to pursue fair compensation. ]]>On Behalf of Farris & Thomas Law<![CDATA[What are your rights after a dog bite at a dog park?]]>https://www.farristhomas.law/?p=492652026-06-08T11:56:05Z2026-06-08T11:56:05ZA trip to a dog park should give pet owners a safe place where dogs can run, play and interact under supervision. However, dog bite incidents can still happen without warning and cause physical injury, medical costs and legal uncertainty. Here’s what you need to know after a dog bite attack in North Carolina.
What to do immediately after a dog bite
After a dog bite, you should seek medical attention first, even if the injury looks minor. Dog bites often cause infections or complications that do not show symptoms right away.Once your condition stabilizes, you should preserve information about the incident, since it may support a future claim.
Take photos of your injuries and the area where the bite happened
Identify the dog and obtain the owner’s name and contact information
Collect names and contact details of any witnesses when possible
Report the incident to animal control or park staff
Keep records of medical treatment and related expenses
These steps create a clear record of what happened and help support your version of events.
How North Carolina law handles dog bite claims
North Carolina applies strict liability when animal control classifies a dog as “dangerous” or “potentially dangerous” under state law. In those cases, the classification establishes liability without additional proof of negligence. Dog park cases often involve added complexity because owners bring dogs into a shared off-leash environment. In these settings, liability focuses on owner conduct rather than leash violations. Courts and insurers often examine whether the owner supervised the dog, ignored escalating aggression or failed to intervene during a developing incident.North Carolina also enforces a strict contributory negligence rule. If the evidence shows that you contributed to the incident in any way, even slightly, the court can bar your recovery completely. Small differences in facts can change the outcome of a claim.
Understanding your next steps after a dog bite
A dog bite can affect both your health and your finances. Because every situation depends on specific facts, it is best to speak with a qualified personal injury attorney to understand your legal options and next steps.]]>