Finding the right motorcycle accident lawyer after a serious crash can feel overwhelming, especially when you're already dealing with the physical and emotional aftermath of an accident. Injuries from motorcycle accidents can range from minor cuts and bruises to more severe, life-changing conditions. If you've found yourself in this position, you're likely feeling uncertain about […]
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
Why You Need a Motorcycle Accident Attorney in Charlotte After a Serious Crash
When you’ve been involved in a motorcycle accident in Charlotte, the aftermath can be overwhelming. Between dealing with injuries, insurance companies, and figuring out how to cover the mounting medical bills, it’s easy to feel lost. That’s why it’s so important to have the right legal support. Motorcycle accidents, especially those involving severe injuries, can […]
Charlotte Lawyers for Car Accidents Involving Side-Impact Collisions
Car accidents can be life-altering events, especially when they involve side-impact collisions. These types of accidents, commonly known as T-bone collisions, often happen without warning at intersections and can leave victims with severe injuries. The force of impact on the side of a vehicle can cause significant damage, not only to the car but also […]
Charlotte's Top Car Accident Lawyers Handling Fender Benders
When you’re involved in a fender bender, the chaos that follows can be overwhelming. It’s not just about the damage to your vehicle; it’s the medical appointments, the insurance calls, and the worry about what comes next. This is where having a trusted car accident lawyer by your side in Charlotte becomes crucial. These professionals […]
