A man was found guilty last week of involuntary manslaughter in connection with an accident that occurred in 2013 as a result of the man racing another man on Highway 51 in Pineville. During the racing, the other man lost control of his car and it struck the car of a third person who died…
The North Carolina Supreme Court recently affirmed an appeal from the court of appeals in a case which involves a common traffic scenario. Car #1 approaches wants to turn left at an intersection with a traffic signal but no left turn signal. It enters the intersection and comes to a complete stop waiting for a…
WSOC-TV reports that a woman who caused a fatal accident in northwest Charlotte has admitted to texting and driving prior to the accident. The accident occurred on Mount Holly Road just before midnight on Sunday night. In addition to the admission of texting and driving, police also found various drugs on the woman following the…
The Washington Post reports that Tracy Morgan settled with Walmart in connection with his suit filed after being injured in an accident with a Walmart truck driver almost a year ago. Last June, Morgan and several others were travelling in a limo bus on the New Jersey Turnpike when the limo bus was rear-ended by…
Last week, a longtime Oscar director, Marty Pasetta, was killed in what has been called a bizarre car accident. The driver of the car had stopped to let Mr. Pasetta and another passenger exit the vehicle. The driver then got out of the car while the car was still in drive, and the car hit…
One argument raised against changing from a contributory negligence standard to a comparative negligence standard is the increased liability costs. A defendant in a negligence action might raise the defense that the plaintiff was either contributorily or comparatively negligent. North Carolina is one of a handful of states which still employs the doctrine of contributory…
Recently, a study examined the prevalence of nondisclosure clauses in medical malpractice settlement agreements involving physicians at the University of Texas and the effect of tort reform legislation on the language in those clauses. The study looked at settlement agreements before and after tort reform in Texas, spanning a time period of about ten years.…
Today, the governor of Missouri signed a bill creating legislation which will reinstate a cap on non-economic damages in medical malpractice claims. The legislation will cap non-economic damages at $400,000 in most cases, but will allow for a $700,000 cap in cases of “catastrophic” injuries (such as paralysis, loss of vision and brain injuries) and…
The Charlotte Observer reports that the driver responsible for multiple car accidents on Idelwild Road on Tuesday evening was subsequently arrested for DWI. During that incident, the driver rear-ended one car, turned around and then hit two more cars, and ended the affair with a head-on crash with a fourth car which caused the fourth…
What happens if you are driving home, reach down to change the radio station, and swerve so that you almost run another car off the road? Well, under a US Supreme Court case decided yesterday, a witness could make a 911 report of the incident which would provide reasonable suspicion for an officer to stop…
A DWI typically starts with a traffic stop. To lawfully make a traffic stop, an officer must have reasonable suspicion to stop the vehicle. In a DWI case, this includes any traffic violation and can range from speeding, to driving erratically, to having a burned out headlight. If you can show that the officer did…
If you are lawfully arrested for DWI in North Carolina, you have the right to refuse to submit to a Breathalyzer test. However, refusing to submit to a Breathalyzer comes with serious consequences. In North Carolina, when you apply for your driver’s license from the DMV, you give your implied consent to submit to breath…
Usually when we imagine someone charged with a DWI, we think of someone getting behind the wheel after drinking one too many. The North Carolina DWI statute, however, is broader than just alcohol and includes driving a vehicle on a highway, street or public vehicular area in North Carolina “While under the influence of an…
What happens if you have an open container in your car when you are stopped for a DWI in North Carolina? It depends on a few of factors. First, where is the open container located in the car? Second, has the driver had anything to drink? And third, who is in possession of the open…
How is DWI Law in North Carolina Different for People Under the Age of 21? How is DWI law different for people under the age of 21? In short, it’s not. One common misconception about DWI law is that a person who is under the age of 21 can be found guilty of DWI if…