02 June

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Should I visit a doctor after a car accident?

Car accidents happen when you least expect them. They often occur because of another person’s careless actions, which can be extremely aggravating for responsible drivers. After a minor accident, you might wonder whether you need to seek a doctor’s assistance. Perhaps you are just a little sore and do not believe your injuries warrant medical intervention. Or maybe you feel fine after the accident and believe that you have not actually experienced any injuries. Keep in mind that many injuries common during car accidents, including whiplash, will not cause symptoms until days or even weeks after the event. Visiting a doctor...

02 June

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How does contributory negligence affect wrongful death recovery?

Posted by Chris Proffitt

in car accidents

If you are initiating a wrongful death lawsuit against another party, you must prove negligence caused your loved one’s death. The court may then hold a company or an individual liable for a wrongful action that led to the fatality. North Carolina’s civil law follows the pure contributory negligence rule. In order for your suit to end in your favor, a jury must find that the deceased individual did not contribute to the accident in any way. Barring a plaintiff’s recovery Under North Carolina law, your lawsuit may not move forward without showing how the other party contributed 100% to causing the accident....

02 June

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Negligent entrustment in North Carolina

Posted by Chris Proffitt

in car accidents

You likely understand that you assume some level of risk every time you take to Asheville’s roads in your own vehicle. Like most, however, you probably assume that the others on the road around care as much about staying safe as you do. Yet what happens when that is not the case? Such has been the discovery of many of our past clients here at Nielsen Legal. What might be even more shocking than encountering a blatantly reckless driver on the road, though, is learning that another actually trusted such a person with their car. Defining “negligent entrustment” After you learn this...

01 June

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Less traffic, safer roads? It depends on how you look at it.

Posted by Chris Proffitt

in car accidents

With more people working from home and limiting their trips, there has been a noticeable drop in traffic across North Carolina in recent months. It would seem that with fewer vehicles on the road, there would be fewer car accidents. Technically, this has proven to be the case. However, this doesn’t mean that roadways are necessarily safer. Fatal crash rates are holding steady According to a report in The News & Observer, highway traffic has dropped by 40% to 50% since March. However, through May 8th the state has seen 408 fatal vehicle crashes. That’s less than a 2% drop from last year....

29 May

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Standoff and stabbing in Asheville raises questions

Posted by Chris Proffitt

in assault and battery

Crimes of passion can get the better of anyone—hence the name. If someone gets heated, they may act irrationally. This does not excuse the results, especially when lethal intent combines with deadly force. A standoff in Asheville shows how a situation can devolve after an inciting incident, as well as what questions go unanswered in the fallout. An early morning barricade According to WHNS Fox Carolina, authorities cleared surrounding apartments after responding to a stabbing. A man and woman surrendered to the police after five hours of negotiation with the Asheville crisis teams. Authorities took the man into custody on charges of assault with a...

28 May

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Motorcycle safety: What you need to know about helmets

Posted by Chris Proffitt

in car accidents

Following North Carolina motorcycle laws and safety recommendations is a smart choice for bikers in the state. According to the National Highway Traffic Safety Administration, motorcyclists make up a disproportionate number of traffic fatalities. While motorcycle fatalities did drop by 5% in 2018, there were still over 4,900 motorcycle related deaths. Many states, including North Carolina, have adopted helmet laws to help reduce fatalities. Helmet requirements North Carolina requires all licensed motorcycle riders to wear helmets that meet federal motor vehicle safety standards. Both drivers and passengers must wear a helmet if riding a motorcycle or a moped. There are three requirements for...

27 May

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Plea deals are sometimes viable defense options

Posted by Chris Proffitt

in criminal defense

When you’re facing criminal charges, you have several decisions to make early in the case. One of the primary ones is whether you are going to plead guilty or not guilty to the charges against you. Most people opt to plead not guilty so that they have a chance to fight the charges. For some individuals, the not guilty plea buys them time to find out if they are going to be able to work out a plea deal with the prosecutor. These agreements are typically encouraged by the courts since they help relieve the pressure on the court docket. One thing...

22 May

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The differences between burglary and breaking and entering

Posted by Chris Proffitt

in criminal defense

Confusion over the distinction between burglary and breaking and entering is understandable; each state has its own definitions that may not match up with others. In North Carolina, these two terms fall under the classification of property crimes. However, they refer to two different criminal offenses, and the penalties for each may be quite different. Breaking and entering buildings If someone breaks or enters a building but does not do any damage, he or she has committed a Class 1 misdemeanor, which could result in up to 45 days in jail. On the other hand, it is a Class H felony if someone enters...

23 April

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When is a DWI upgraded to a felony charge?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

There is a whole slew of variables and factors that could change an allegation of driving while impaired to a felony charge. DWI (Driving While Impaired) charges in North Carolina carry historically higher penalties than DUIs (Driving Under the Influence). Even with an otherwise clean record, there are several important considerations for what criteria a court may cite when categorizing an offense. Understanding the DWI category stratification In North Carolina, several additional components of a charge that could increase the penalties involved in a DWI and turn what would otherwise be a misdemeanor into a felony. These factors are called ‘grossly aggravating...

27 March

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Know what might impact your criminal sentence

Posted by Chris Proffitt

in criminal defense

When you’re facing a criminal charge, one thing that you have to think about is what sentence you might have to deal with if you’re convicted. This can be a primary driving force for your defense strategy. There are several things that go into what sentence you’re likely going to get for your charges. The court is going to look at the sentencing guidelines for the charge you’re facing. In some cases, there are mandatory minimum sentences, which means the court can’t issue anything less than that specific sentence. There are also suggested options for them to consider, so knowing this might give...

Author: Chris Proffitt