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Mr. A. Liles, a dedicated husband and father of 3 children, was driving his moped to work on N.C. Highway 24-27 when he was suddenly struck by a fully loaded tractor trailer. The force of the impact separated Mr. Liles’ body from the moped causing the moped to travel approximately 278 feet post-collision and dragging Mr. Liles’ body under the tires of the tractor and entrapping him underneath the tractor.
After striking Mr. Liles’ moped in the rear and separating his body from the moped, the driver of the tractor trailer subsequently hit the brakes of his commercial motor vehicle inducing approximately 265 feet of tire skid marks on the road.
Upon inspection of the tractor, our engineers found that all six (6) brakes on the tractor were out of alignment and out of adjustment at the time of the collision and were inadequate to control the movement and speed of the truck, a clear violation of the federal regulations.
Mr. Liles suffered catastrophic injuries from the accident, including injuries to his spine, pelvis and significant road rash injuries to his lower extremities.
The Stanley Law Group faced substantial legal obstacles with this case as, unlike South Carolina law, North Carolina law operates under the contributory negligence rule. The law of contributory negligence is a punitive “all or nothing” law which means that if an injured party is found to be 1% negligent in causing the collision, the injured party is completely barred from recovery. In this particular case, the trucking company and the truck driver could assert that Mr. Liles contributed to the accident in the slightest fashion which would be devastating to Mr. Liles’ right to recovery.
Despite this legal hurdle, attorney Mark B. Stanley of The Stanley Law Group demanded that the trucking company and the truck driver take responsibility for their negligent driving acts and their negligent maintenance of the truck involved in the collision. Mr. Stanley continued to prove his case and was able to successfully secure a settlement of $1.25 million for Mr. Liles and his family.
“The day after Mr. Liles’ accident, I drove to Charlotte, North Carolina to meet him and his wife at the hospital. I personally witnessed his substantial injuries and listened to him to tell me what he remembered from the accident. We had an immediate connection. From that moment on, this case became personal to me as he was a part of my family,” stated Mark B. Stanley
If you would like to contact The Stanley Law Group, visit stanleylawgroup.com or call 803-799-4700.