NorthCarolinaLaw

https://edelsteinpayne.com/personal-injury A City's Duty to Maintain Streets and Sidewalks in North Carolina Originally Posted by Sean Cecil Jul 01, 2016 (0 Comments) Yesterday I read an  article   about a recent appellate decision in Washington State, confirming the City of Port Orchard's liability for a bike accident allegedly caused by defective maintenance of a city street. I am licensed in Washington (currently inactive) spent the formative years of my legal career, and keep up with interesting legal developments there. The article, which described the city's liability as previously unresolved, piqued my curiosity regarding such issues here in North Carolina. I am pleased to report that it appears cities in North Carolina also can be liable for injuries that result from negligent maintenance of city roads and sidewalks. (It should be noted, however, that roads and sidewalks maintained by the state Dept. of Transportation are likely protected by state sover...

https://edelsteinpayne.com/personal-injury NC State is Studying Efforts to Reduce Pedestrian Casualties Originally Posted by Sean Cecil Jun 17, 2016  (0 Comments) In an effort to reduce the number of pedestrians hit by cars, NC State is working on a study to determine how best to increase driver awareness of pedestrian and bicycle safety. According to an  article  in yesterday's News & Observer, the study is intended to focus on education and enforcement as "factors that might influence driver behaviors so that they actively yield at pedestrians at crosswalks..." According to the article, 2,400 pedestrians are hit by cars each year in North Carolina. Of the 244 such collisions in Raleigh between 2000-2015, nearly half of them were fatal. It is the law in North Carolina that pedestrians have the right of way, though they are required to look both ways before crossing a highway without crosswalks or "hash marks" indicating a crossing.  Our ...

https://edelsteinpayne.com/criminal-defense NC Criminal Defense: Wake County Prosecutor Dismisses Over 100 DWIs Because of Lying Deputy Originally Posted by Sean Cecil Mar 31, 2016 (0 Comments) Citing an inability to rely upon the testimony of a former DWI Task Force member, Wake County District Attorney Lorrin Freeman has announced that she is dismissing over 100 pending drunk driving criminal offenses. According to the  Raleigh News & Observer , Freeman took the bold action as a result of District Court Judge Jacqueline Brewer "disqualified" former Wake County Deputy Robert Davis after finding that Davis had lied in at least three cases. Although she may not have any choice if Davis was the only witness in the cases, Freeman deserves respect for taking decisive action. Other prosecutors I have encountered over the years might be tempted to string the cases along in hopes of extracting a plea bargain from defendants who may or may not be aware o...

NCpersonalinjurylawyer.com North Carolina Personal Injury: Dense Smoke Causes Car Wrecks in Western Wake County Originally Posted by Sean Cecil Dec 11, 2015  (0 Comments) According to news reports, a burn pile of smoldering mulch Thursday morning in Western Wake County reduced visibility on a nearby highway, resulting in several car wrecks. Apparently, a construction company was burning "slash" material from clearing property for development, after the company couldn't find anyone to take it away on short notice. The company must be relieved that there were no initial reports of injuries, because it seems there is a very real possibility that they would be liable for those injuries- they probably could still be liable for property damage that resulted from the smoke if they are found to have been negligent in the manner they conducted the burn.  Under North Carolina law, a negligent party is culpable for injuries that result from their negligence. To establ...

https://edelsteinpayne.com/personal-injury North Carolina Personal Injury: The Speeding Problem in Raleigh Originally Posted by Sean Cecil Nov 17, 2015  (0 Comments) Growth brings problems, including increased traffic. The Research Triangle Park area of North Carolina has been one of the fastest growing regions in the country, and has experienced a predictable increase in traffic congestion. According to a Raleigh News & Observer   article   earlier this week, increased congestion is causing some serious safety concerns as drivers avoid arterial streets on their daily commutes to get around rush hour traffic. The article cites the city's efforts to respond to the growing problem, and lists priority roads for infrastructure improvements that can increase safety for all of us: Hardimont Road, followed by Crest Road, Varsity Drive, Quail Ridge Road and Harps Mill Road. Traffic in the Triangle on a recent early Friday morning Motor vehicl...