The most crucial part of your safety gear is your helmet. In order to fully protect yourself, you need a helmet that’s been certified. Motorcycle helmets approved by the Department of Transportation (DOT) are legal requirements in North Carolina. The DOT and the Snell Foundation are the two organizations recognized in the United States for setting highest safety standards for motorcycle helmets.

The federal government creates the standards set by the DOT for helmets, while the Snell Memorial Foundation is a private non-for-profit organization. Snell’s standards, however, are known to be some of the toughest.

The impact report is one of the critical points of a helmet evaluation that both of the organizations employ. It determines how effective the helmet would be in preventing brain injuries during an accident. To ensure you can count on your helmet to keep you safe, check that it’s certified by one of these two organizations.

There’s also the importance of your other motorcycle gear, such as gloves. If you have an accident you will instinctively try to cover your face with your hands. Leaving your hands exposed, you risk permanent damage to your hands. Although gloves will not necessarily prevent bone injuries, they can help prevent painful skin injuries that may leave permanent scars. You should also consider a jacket and motorcycle jeans or a riding suit, to help prevent skin injuries.

For added safety, you can add aftermarket high intensity LED brake lights. The bright, flashing light helps others see you better when visibility is low.

Of course, part of being a safe rider includes staying up-to-date with the latest in motorcycle safety. To maintain responsible riding skills, consider continuing your education with a professional.

Our attorney Kimberly Miller has presented legal issues that affect motorcyclists at safety classes. One particular challenge she enjoys discussing and helping victims navigate is insurance. Sometimes motorcyclists are hit by underinsured or uninsured motorists and Kimberly helps them pursue recovery from the negligent party. How will an accident victim cover medical costs and motorcycle repairs if the negligent driver does not have enough insurance or is not insured at all? North Carolina has specific UM/UIM coverage requirements. If another driver’s insurance is insufficient and there are no assets to pursue, our lawyers help make sure you receive the UM/UIM coverage provided in your own policy. When necessary, we handle litigation proceedings if the victim elects to pursue the negligent party with a lawsuit.

Even the most experienced riders can benefit from taking a refresher course from the Motorcycle Safety Foundation. They even provide advanced classes for more seasoned riders. Search for North Carolina motorcycle safety classes here.

If you have traveled through the greater-Raleigh area, you may not be familiar with how the influx of residents has stressed the infrastructure, resulted in the construction of more roads, and created more traffic than this area has ever experienced before. Additionally, the Research Triangle Park attracts business travelers year-round. Bordered by main thoroughfares like Interstate-40, Interstate-85, and Interstate-95, out-of-town travelers navigate North Carolina roads every day. What if someone outside their home state is in an accident in North Carolina? We can help.

A victim of a highway accident in North Carolina may suffer from severe physical ramifications, loss of mobility, lost wages from missing work. Victims may need to navigate complicated laws after a highway accident. Depending on the circumstances, some federal traffic laws may apply. In 2013, new truck driver regulations went into effect. Our accident attorneys can explain how legislation applies to your case. One of our attorneys, Will Owens, is a member of the Association of Plaintiff Interstate Trucking Lawyers of America. This organization is focused on eliminating unsafe and illegal interstate trucking practices.

According to reports released by the North Carolina Department of Transportation, fatal highway accidents dropped approximately 22% since 2005. The NCDOT maintains over 80,000 miles of highway across the state. Although reports show that highway fatalities and crash rates are going down, the rates don’t imply that victims are suffering any less after an accident. Faster highway speeds and the common use of highways by larger vehicles like tractor trailers and trucks hauling heavy cargo increase the severity of injuries that can occur in highway collisions.

Not only are roads congested, but the risk of of passive inattentive drivers exists. Today’s drivers face more distractions than ever before, especially when some try to multitask while behind the wheel. Fatal accidents may occur from drivers falling asleep at the wheel while traveling at fast highway speeds, or risking the lives of others by driving impaired.

The Raleigh accident attorneys at Owens and Miller help victims recover compensation from every negligent party. Our lawyers work with the insurance companies so you can rest easy and focus on recovering while knowing your best interests and legal rights are represented. Contact us for a free case review.

Victims who survive catastrophic accidents may be disabled. Depending on the circumstances of the accident, a brain or spinal cord injury may result in paralysis—or the force and weight of accident debris may crush bone and critical tissues, preventing mobility or prompting medical practitioners to amputate.

Paraplegic accident survivors and their families must adapt to a new life. Our catastrophic injury attorneys understand how challenging it is to learn to cope while trying to pursue an injury claim. To build a strong claim, victims should review current and future impairments associated with paraplegia. Paralyzing accident injuries may require:

• Life-long pain management
• Medications and medical equipment
• Physical therapy
• Personal aide
• Home modifications
• Vehicle modifications or new accessible vehicle
• Compensation to offset lost wages. (Learn about filing for disability in North Carolina.)
• Future medical treatment for other health problems directly related to paralysis. (The United States National Library of Medicine reported in a 2011 study of paralyzed injury victims that, “Significant bone loss develops in the first months and continues years after spinal cord injury.”

Paraplegic injuries also cause other hardships. Victims lose independence and may not be able to return to work. Spouses or partners may suffer loss of companionship, loss of consortium, loss of enjoyment of life, and more.

Catastrophic accidents may have occurred as the result of more than one negligent party. Review your case with a lawyer to learn your legal entitlements, meet filing deadlines, and have peace of mind necessary paperwork is completed properly. Our catastrophic injury attorneys in Raleigh review the details of your case to learn if a third party claim may be possible, ensure insurance companies provide the payments outlined in their policies, and uncover every possible means of compensation for our clients.

If your North Carolina Social Security Disability claim was denied, your next step is a reconsideration. If that was denied, then you need to prepare for a hearing. For those who applied for Social Security Disability in Moore County for the first time, the closest Social Security offices to Southern Pines are in Sanford. (See SSA to determine locations near your home.)

Understand hearings are not only a critical part of whether you will receive benefits, they are serious proceedings. Our lawyers review what you can expect at your Social Security Disability hearing to ensure you are prepared, comfortable, and that your hearing goes smoothly:

1. Sixty minutes or less. Most Social Security Disability hearings are about an hour long. Rarely will a hearing last longer than an hour
2. Hearings are recorded. Be prepared to speak clearly or have a representative, like a Social Security Lawyer, speak on your behalf. If your disability does not impair your ability to speak, you will be required to testify under oath and respond to questions asked.
3. Who will be there? Expect an Administrative Law Judge, the judge’s assistant, your North Carolina Social Security Lawyer, and any witnesses testifying on your case to be present. A vocational expert is present at a majority of hearings. Sometimes the Administrative Law Judge calls upon a medical expert. It is customary to respectfully stand up when the Administrative Law Judge enters the room.
4. Attire. Even though this is an important step toward getting approved for disability, it is an informal hearing that does not require formal attire.
5. Order of events. Judges usually start by announcing the claimant’s case history and items that must be decided during the hearing. Sometimes the judge will question the claimant first. Then your lawyer may ask you or a witness any questions. (Our Social Security lawyer spends time before your hearing reviewing all possible questions so that you are adequately prepared.) Sometimes a judge will allow a claimant or their attorney to make a closing statement. This is not mandatory. The judge is not required to announce his or her decision at the end of the hearing, but in some instances they do. Otherwise, a formal notice is mailed to the claimant within 60-90 days of the hearing, sometimes longer. If your claim is denied again, learn more about what to do if your Social Security Disability claim is denied.

Individuals who are no longer able to work as a result of a mental or physical disability may be eligible for Social Security Disability benefits. Moore County’s proximity to Fort Bragg affords a high concentration of military and retired military personnel. (Ask our Social Security Lawyer about Veterans Disability claims.) If you need help with your disability claim in the Pinehurst area, review your claim with our Social Security Disability attorneys. Our lawyers can assist you with hearings in this area and across the state.

To avoid a denied claim for Social Security Disability benefits, and to ensure you receive the benefits you are entitled to, it is important to understand why individuals do not qualify for benefits. Our Social Security Disability lawyers in Raleigh review a few reasons why claims are denied below. The list offers only a few reasons why claims are denied, but there are many more. These can help you understand why you may not qualify for Social Security Disability Insurance benefits (SSDI).

Reasons Why an SSDI Claim is Denied

• Earnings. If the applicant earns a certain amount, their claim may be denied. The government uses an SGA factor, which measures Substantial Gainful Activity. Disabled individuals can still work, but if they earn more than $1,070 per month in 2014 the government does not recognize their disability for benefits purposes.
• Drugs and alcohol. When an applicant’s disability is directly related to substance abuse, the Social Security Administration (SSA) will normally deny the claim. To receive benefits, the individual must prove their disability is present when not using drugs and alcohol.
• Fraud. Some individuals try to cheat the government out of benefits and will fake a disability. When the SSA discovers this, not only will benefits be terminated, the individual will be charged with fraud, prosecuted, and will typically be required to pay back benefits and serve jail time.
• Length of disability. If a disability does not last at least one year, the SSA will deny your claim. The SSA pays benefits to individuals who suffer a disability for 12 months or longer, and to surviving family members of individuals who died as a result of their disability.
• Incomplete therapy. If an individual is being treated by a medical doctor for their disability, and the doctor prescribes therapies, the patient must comply with the prescribed therapy. Failing to do so usually results in a denied claim. There are some reasons the SSA accepts from individuals who fail to complete prescribed therapies. If the treatments are too expensive, or if another physician has prescribed opposing treatment, the SSA may accept that the claimant was unable to complete the therapy. Our Raleigh disability lawyers can explain other acceptable reasons upon a case review.

Car accident victims in North Carolina have developed a reputation—statistically. Just before the beginning of 2014, the findings in a national survey revealed the Tar Heel State is one of the Top 10 States With the Worst Drivers.

Compiled through an analysis of multiple federal and private organization resources (including places such as the National Highway Traffic Safety Administration and Mothers Against Drunk Driving), the report takes into account all accidents on the nation’s roads. The report includes any type of accident: North Carolina hit-and-runs, drunk driving accidents, tractor-trailer crashes, and ticketed driving offenses. By analyzing the types of accidents and the number of fatalities, researchers were able to score each state on multiple areas.

When it comes to drivers in North Carolina, here’s how our state ranked:

• #7 Worst Drivers (Tied with Missouri)
• #31 Drunk Drivers
• #36 Failure to Obey (Traffic Signals and Seat Belt Violations)
• #42 Top Tickets
• #44 Careless Drivers

We live in a state where the odds are against innocent drivers. One car accident may affect the lives of many. The car accident victim is not the only one who suffers. An injured person may not have the ability to provide for their family as they were once able to. Car accident survivors may face lost wages, adjusting to a different job or filing for disability, managing the burden of mounting medical bills, long-term pain management, and more. And what if the at-fault driver did not have insurance or was underinsured? An attorney can help manage all of these areas.

Our auto accident lawyers in Raleigh not only help accident survivors and the families of fatal accident victims in Durham, Chapel Hill, and the greater Triangle-area—we handle cases all across the state. From Brevard to Beaufort, our lawyers can review your rights under North Carolina injury law and explain if any federal traffic laws apply, such as in cases of tractor-trailer accidents.

What other states have the worst drivers? Read the full driving report here.

Who is required to use a car seat in North Carolina? Drivers must provide a restraint system for all minors under the age of 16. When it comes to child safety seat laws, there are different age and weight requirements. According to the North Carolina General Statutes, if a driver transports:

A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system. In vehicles equipped with an active passenger-side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags. If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

If a driver neglects to provide proper child safety seats for minors traveling in their vehicle, would this be considered contributory negligence? (North Carolina is one of just a handful of states that has contributory negligence laws, which generally means if an individual’s negligence contributes to their own injury, damage, or loss that they may not be entitled to compensation.) The statutes provide that in situations where a driver fails to secure a minor in a child safety seat, it will not be used as evidence of contributory negligence.

According to the Centers for Disease Control, “child safety seats reduce the risk of death in passenger cars by 71% for infants, and by 54% for toddlers ages 1 to 4 years.” Although child safety seats are used in efforts to prevent injuries to children in a car crash, sometimes they cause injuries. Child car seat injuries may be caused by faulty manufacturing, which may result in our Raleigh auto accident lawyers handling a defective product lawsuit against the manufacturer. In these cases, accident experts are typically required to analyze evidence, re-create or simulate the crash with engineer testing facilities, and consult with physicians. Learn about the steps to take after a North Carolina car accident.

Since 1992, North Carolina social host laws have governed cases involving the liabilities of social hosts serving liquor to guests who later cause a drunk driving accident.

A host may have one guest or 100; there is no minimum limit to the number of guests required in order for a host to be considered liable. North Carolina’s “dram shop” laws apply the same liability to establishments that serve alcohol, such as bars, restaurants, clubs, sporting events, special events, and similar venues.

How does one prove a host is liable?

Proving social host liability in North Carolina requires evidence that the host served alcohol to an individual they knew was already intoxicated (or under the age of 21) and who would be driving. How do you prove a host had knowledge a guest was already intoxicated? Acquiring witness statements from guests at the event helps establish evidence and our attorneys review other options when analyzing the circumstances of a case.

If you plan to host a party and are concerned about the actions of your guests, there are special insurance policies for events. In addition to Thanksgiving, holiday parties, and New Year’s celebrations where alcohol is likely served, these policies can be used for weddings, block parties, or any large social engagement where it is difficult to monitor guests. Hosts may be concerned the risks are too high for someone to leave drunk and then drive home. These insurance policies may help contribute to the compensation a drunk driving accident victim pursues, which our attorneys will investigate on their behalf.

Whose injuries are social hosts liable for in North Carolina?

Persons and property damaged by the drunk driver—and not the drunk driver’s injuries or property damage. Since drunk drivers themselves are negligent, and the Tar Heel State remains one of only four in the country with contributory negligence laws, a host is not responsible for the drunk driver’s injuries and property damage. Due to contributory negligence, if a passenger voluntarily rides in a vehicle operated by a driver they know is intoxicated, the passenger’s carelessness therefore contributes to injuries they may suffer in an accident and the passenger would not likely collect compensation from the drunk driver, nor the host.

If you or a loved one have been injured by an intoxicated driver, you should retain a law firm that is experienced in investigating the true source of the driver’s intoxication. If he or she became intoxicated at someone’s home or at a bar, that homeowner or bar owner may be liable for the damages you have suffered. Often times impaired drivers have limited insurance coverage. Determining where and how the driver became intoxicated could potentially provide another source of recovery to pay for the damages caused.

Now commercial truck drivers are no longer permitted to work up to 82 hours per week, instead they must work no more than 70 hours. Although drivers are still permitted to drive 11 hours in a single day (and work a combined 14 hours), a 30-minute break during the first eight hours of a shift is mandatory for drivers.

Truck drivers must maintain a detailed log book that includes the times of their shifts and breaks. As part of evidence collection after a tractor-trailer or other commercial truck accident in North Carolina, our attorneys review these materials to find evidence of possible driver negligence and violations. In addition to helping our truck accident attorneys build a strong case and negotiate substantial settlements for accident victims, negligent truck drivers may be fined and be ordered to pay penalties in excess of $10,000.

According to the US DOT, about 13% of commercial vehicle crashes are the result of driver fatigue. Since the new regulations started to roll out, the number of commercial truck and bus crashes dropped by approximately 3,300 in a calendar year.

For those who do suffer injuries or damages as a result of a negligent truck driver in North Carolina, accident evidence is essential. In addition to hours-of-service safety violations, our truck accident attorneys in Raleigh review key areas where negligence can be proven, such as improperly maintained vehicles, overloaded freight, or texting while driving. Sometimes a truck company has underhanded methods that modify evidence in their favor. Learn about evidence spoliation and how our attorneys address this critical area of injury law.

The complete opinion can be found at:
http://appellate.nccourts.org/opinions/. The pertinent portion is quoted below:
…….”Hearsay is “a statement, other than one made by the
declarant while testifying at the trial or hearing, offered in
evidence to prove the truth of the matter asserted.” N.C. R.
Evid. 801(c). Although hearsay is generally inadmissible,
records of regularly conducted business activities are
admissible as an exception to the hearsay rule under Rule 803 of
the North Carolina Rules of Evidence. N.C. R. Evid. 803(6).
This Court has held that highway accident reports may be
admitted under Rule 803(6) if properly authenticated. Wentz v.
Unifi, Inc., 89 N.C. App. 33, 39, 365 S.E.2d 198, 201 (1988).
Proper authentication requires a showing that the report was (1)
“prepared at or near the time of the act(s) reported”; (2)
prepared “by or from information transmitted by a person with
knowledge of the act(s)”; and (3) “kept in the course of a
regularly conducted business activity, with such being a regular
practice of that business activity.” Id. If a document meets
these criteria, it is admissible unless the circumstances
surrounding the preparation of the report “indicate a lack of
trustworthiness.” N.C. R. Evid. 803(6).”……