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In May 2012 my daughter and her fiancee were in a motorcycle accident in Cherokee NC. My daughter was severely injured

Oakwood, GA |

Her fiancee was killed. We have since done some investigation and discovered some seriously dangerous road conditions there and found out that there have been many accidents there and his is the 3rd fatality. We want to take action to have a guardrail or other safety measure put in place. To help our plea, we wanted to obtain those previous accident records. I believe they are public record but don't know how to obtain them. Can you give me some advice?

Attorney Answers 7


  1. I am sorry for your loss.

    What is key is what you didn't ask - your daughter should seek legal counsel in NC as to possible claims - be it based on road conditions or other drivers. The lawyer handling that certainly will also be in a position to obtain many records.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. You definitely need to consult an experienced NC trial attorney. The laws regarding the effect of road defects vary dramatically from state to state.

    http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html


  3. I am sorry your family has experienced this terrible accident and admire your advocacy.

    An attorney handling any claims for your daughter or her fiance's estate would likely help.

    The custodian of the records (including accident reports) may have a form for you to make an open records request and under the circstances they may help you. You could also seek help from a local elected official who represents that area.

    Take a look at http://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html for information about open records requests.

    DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.


  4. I agree with the others who have answered this question. If you have not done so already, you should contact counsel in North Carolina immediately as he or she would best be in a position to obtain the records regarding the existence of dangerous road conditions. I wish you the best in obtaining a resolution to this horrible situation.


  5. Assumedly, like every other state I am familiar with, there are very short deadlines to file claims. You need to act asap. My sincere condolences for your loss.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  6. First allow me to say I am sorry to hear about your difficulties. I would hire a road expert to evaluate the road. The wreck history can be obtained through discovery if he deems it dangerous.

    Russell Keener


  7. I am very sorry for your loss and I hope your daughter recovers quickly. As many of the other lawyers have indicated, you need a lawyer in North Carolina. If you do not have a lawyer yet I suggest you contact Allen Broughton at 404-842-7700. Allen is a great lawyer and is licensed both in Georgia and North Carolina.

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