LAW AND E-SCOOTERS They are expanding into markets all across the country, and if you have been anywhere near Upton Charlotte, then it is likely you have come across someone riding an electric scooter (e-scooter). These fun devices have flooded the streets of Charlotte, courtesy of Lime, Bird, or Spin. Practically anyone with an…
Collisions in which one car strikes another car from the rear are among the most common types of car accidents. These crashes do tend to have less impact than side-impact or head-on collisions because the people in the car are further form the site of impact. A rear end collision can lead to expensive car…
Contributory Negligence in North Carolina in Slip and Fall Cases Contributory negligence is particularly critical in North Carolina. If a plaintiff has been injured due to a slip and fall accident the property owner could possibly claim that the plaintiff is partially responsible for the accident and subsequent injuries. In the proceeding trial if a…
Medical malpractice can occur on the basis of a misdiagnosis. The law however in North Carolina does not hold doctors legally responsible for all diagnostic errors. In most medical malpractice lawsuits based on an incorrect diagnosis the patients must prove: a doctor-patient relationship existed, the doctor was negligent, and the doctor’s negligence caused an injury…
Pedestrian injuries in the state of North Carolina, and specifically in Charlotte have been an increasing problem. Charlotte is especially vulnerable to some of these accidents for a variety of reasons. Charlotte is growing rapidly and with the increased population comes increased risk for those on the roads. North Carolina only trails Texas, California, Florida,…
Following a car accident you may receive dozens of legal advertisements in the mail. These advertisements are from personal injury lawyers attempting to get your business. Many times these lawyers found you by hiring third parties to purchase and review car accident reports. The police report (technically referred to as the NC DMV form 341)…
In our ever evolving society, people are striving for new ways to make their lives more efficient. One source of efficiency is by adapting an alternative method of transportation. This is often achieved by utilizing public transport, carpooling, ridesharing or bicycling. Bicycling is not only a way to reduce transportation costs, for many, it is…
The Dangers of Distracted Driving In the age of social media and constant communication, distracted driving is a leading cause of motor vehicle accidents. Every day, 9 people in the United States die from distracted driving. Almost 80% of crashes and 65% of near crashes involve some sort of driver inattention within three seconds before…
The past two days, we have discussed the North Carolina Court of Appeals opinion in the case State v. Roberts, issued Tuesday. But Roberts was not the only DWI case to come out of the court of appeals on Tuesday. In the case State v. Chavez, the defendant argued that he had a right to…
Yesterday’s post examined the gross impairment discussion in the North Carolina Court of Appeals’ opinion State v. Roberts, issued Tuesday. However, this was not the only argument raised by the defendant in Roberts. Today, we will look at the argument the defendant made regarding the failure of the trooper to meet the observation period requirement…
Yesterday, the North Carolina Court of Appeals issued an opinion in the case State v. Roberts, a DWI case which dealt, in part, with the aggravating sentencing factor of a blood alcohol content of 0.15 or more. The defendant argued that the statutory provision stating that the chemical results presented at trial are conclusively sufficient…
Yesterday, several new laws became effective in North Carolina. Among those new laws is a law that makes it easier to determine whether a person convicted of DWI will serve time in jail or in prison. The new law, S.L. 2014-100, applies to sentences for misdemeanor impaired driving which are imposed on or after January…
The Charlotte Observer reports that 10 DWI arrests were made at a DWI checkpoint held late Friday night and early Saturday morning. The checkpoint was located in the 9200 block of South Boulevard and took place from 11 p.m. Friday night until 3 a.m. Saturday morning. In addition to the 10 DWI arrests made, police…
Earlier this week, North Carolina Public Radio reported on the backlog at the state crime lab and solutions proposed by a working group to deal with this backlog. The report cites two causes of this backlog – the first being a difficulty in finding and paying qualified staff. The second cause has to do with…
WSOC-TV reports that a drunken bicyclist was arrested at a Taco Bell drive-through in Florida after employees would not serve him. The bicyclist placed his order at the drive-through window just after 3 a.m. as the restaurant was closing. When the employees would not serve him, the bicyclist refused to leave the window, so the…
The North Carolina Court of Appeals issued an opinion in State v. Ricks today which discussed the issue of whether a cut through across a vacant lot was a “public vehicular area” under the DWI statute. The court held that the area did not meet the definition and reversed the defendant’s conviction. In Ricks, an…