08 June

Sticky

Why you need legal guidance after an injury

You got into an accident on your way to work in Asheville. The other motorist was clearly at fault. You were injured, but you plan on filing your own claim for damages with their auto insurance company. You’re pretty sure that you can handle this on your own. This course of action is not ideal. You need to understand that the insurance company is not on your side. Even if it happens to be your own insurance company to which you’re making the claim, they will always focus on their bottom line and appeasing the company’s shareholders. What that means in a...

04 June

0 Comments

Sticky

What to do if facing arrest

Posted by Chris Proffitt

in criminal defense

Getting stopped by the police is scary, and many people do not understand their rights or how to act when faced with questions. There are ways to act within one’s rights without escalating the situation. If the police do make an arrest, it is important to know how to act so someone does not unknowingly incriminate him- or herself. Rights if stopped by police Whether in a car or on foot, the ACLU states that no one has to answer certain questions, such as those regarding where someone lives, what someone is doing, the country of origin or where someone is going. In...

02 June

0 Comments

Sticky

Should I visit a doctor after a car accident?

Posted by Chris Proffitt

in personal injury

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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...

Blog