Accidents involving Uber drivers can leave everyone involved feeling overwhelmed, confused, and unsure of what to do next. Whether you're a passenger, another driver, or the Uber driver yourself, dealing with injuries, insurance claims, and financial stress can be incredibly taxing. One of the most confusing aspects people face after an Uber accident is understanding […]
Expert Opinion on Proximate Cause
Although expert testimony can touch on ultimate issues of fact, see N.C. Gen. Stat. § 8C-1, Rule 704, experts cannot testify on ultimate issues of law:
[A]n expert may not testify that a particular legal conclusion or standard has or has not been met, at least where the standard is a legal term of art which carries a specific meaning not readily apparent to the witness.
State v. White, 340 N.C. 264, 294, 457 S.E.2d 841, 859 (1995). The term “proximate cause” is a legal term of art, and thus is an ultimate issue of law. See State v. Ledford, 315 N.C. 599, 340 S.E.2d 309 (1986) (holding that it was error to allow an expert to testify that the injuries suffered by the victim were the “proximate cause” of her death); State v. Rose, 323 N.C. 455, 459, 373 S.E.2d 426, 429 (1988) (medical expert could not testify that a defendant did or did not "premeditate and deliberate", testimony embraced precise legal terms, definitions of which are not readily apparent to medical experts); State v. Weeks, 322 N.C. 152, 165-67, 367 S.E.2d 895, 903-04 (1988)(trial court did not err by refusing to admit testimony of medical experts that the defendant did not act in a "cool state of blood," testimony embraced precise legal terms, definitions of which are not readily apparent to medical experts); State v. O'Hanlan, 153 N.C. App. 546, 557, 570 S.E.2d 751, 758 (2002) (doctor's opinion that the victim was kidnapped and raped was improper); State v. Galloway, 304 N.C. 485, 489, 284 S.E.2d 509, 512 (1981) (medical expert may not testify that the defendant raped the prosecuting witness).
Additional Law Articles Articles
Is It Worth Hiring a Pedestrian Accident Lawyer Near Me for a Minor Injury
It’s not uncommon to wonder whether legal help is really necessary after a pedestrian accident, especially if the injuries seem minor at first. Maybe you were bumped by a car while crossing the street or stumbled from a near-miss and now have some soreness. You might feel okay brushing it off, figuring a few days […]
How a Bicycle Accident Law Firm in North Carolina Can Support Your Recovery
Accidents involving bicycles can be overwhelming. One moment you’re commuting to work or enjoying a peaceful ride, and the next you’re dealing with pain, confusion, and uncertainty. Whether it’s a minor collision or a more serious incident involving a vehicle, the aftermath can bring more questions than answers. Medical bills, insurance calls, time off work—it […]
What Should You Ask a Bicycle Accident Attorney in Charlotte, NC During Your First Meeting
Bicycle accidents can leave people feeling shaken, sore, and overwhelmed—especially when the injuries aren't immediately obvious. If you've been involved in a bicycle accident in Charlotte, it's completely normal to have questions, uncertainties, and even some hesitation about what to do next. Whether you're dealing with medical appointments, insurance calls, or just trying to get […]
