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10550 Independence Pointe Pkwy, Ste 200
Matthews, NC 28105
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(704) 759-6110

Semirog Law Firm, pllc is a personal injury and auto accidents law firm located in Charlotte and Matthews, North Carolina.   We are committed to providing quality legal services in a dedicated and cost-effective manner to all members of our community, regardless of race, gender, or national origin.

We have handled complicated litigation in the areas of personal injury, car wrecks, truck accidents, family and business law.  In addition, we have experience in real estate law and short-sale negotiations.

We offer standard and flexible billing arrangements for our clients, such as flat fee billing, hourly billing, and contingency fee billing depending on the type of legal matter.

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Newsletter

Matthews North Carolina personal injury and auto accident attorneys and Charlotte North Carolina personal injury and auto accident and car accident and motorcycle accident attorneys.

Read our blog where we post recents news in developments in the personal injury and car and auto accidents law in North Carolina.  Learn interesting facts and legal concepts that will help you in your daily life.

Speeding Ticket? Here is when insurance points are NOT charged.

Serge Semirog

If you were speeding 10 mph or less over the posted speed limit the insurance points will NOT be charged, provided all of the following are true:

  1. The violation did not occur in a school zone; and
  2. There is not another moving traffic violation for the experience period (an isolated Prayer for Judgement Continued [PJC] will not count as a prior conviction for the purpose of this exception).

Jury turns aside plaintiff's Slip and Fall lawsuit

Serge Semirog

This suit was brought against the owner of a building by a woman who alleged that she tripped over a strip of metal separating carpet from tile flooring in a doctor's office and fell so hard she injured her brain.

At issue was whether the strip complied with the building code requirement that it rise no higher than a quarter of an inch off the floor.  The defense's engineer testified that the strip was compliant with the code, while the plaintiff's architect contended that it was too tall by a few fractions of an inch.

"Apparently, architects and engineers measure differently," said one of the plaintiff's attorneys, Marcus S. McGee of Charlotte, who tried the case with Lauren O. Newton of Charles G. Monnett III & Associates.

Both experts backed up their testimony with photos of their measurements, but then argued over the camera angle and quality of those images, said the defendant's attorney, Kenneth R. Raynor of Tempelton & Raynor in Charlotte.

In the end, though, Raynor said that even if the plaintiff was right about the code violation, she and her attorneys were unable to convince the jury that the defendant knew or should have known about the violation, thus failing to prove negligence.

Raynor added that the architect even seemed to be confused about whether an older version of the code, which said the strip should actually be lower than a quarter of an inch, applied in this case.

"You've got two experts fighting about it and one [the architect] is flip-flopping," he said. "I think what that did is illustrate for the jury how difficult it would be for a typical building owner to know which code standards apply."

Reflecting on the loss, McGee believed that jurors could not reconcile the plaintiff's significant injuries, which included $800,000 in lost wages and $66,000 in medical bills, with such a small measurement.

"It's a relatively minor act of negligence that leads to a catastrophic result," he said.

After speaking with three jurors post-verdict, Newton came away with the impression that they'd been tripped up by the judge's instruction that a code violation did not necessarily constitute negligence.  She was considering whether to appeal the verdict.

"The special instruction requested by the defense was confusing," she said. "They [the jurors] essentially ignored the measurements.  They said they didn't discuss them because of this instruction."

Your out-of-state traffic ticket gets reported to the NC DMV (unfortunately)

Serge Semirog

In North Carolina out of state violations are collected on N.C. licensed drivers (and N.C. violations are reported to states of drivers with out of state licenses) for the following violations:

  • offenses involving exceeding the posted speed limit of 55 miles per hour or more by more than 15 miles per hour; 
  • driving while license suspended or revoked;
  • careless and reckless driving;
  • engaging in prearranged speed competitions;
  • engaging willfully in speed competitions;
  • hit and run driving resulting in damage to property;
  • unlawfully passing a stopped school bus;
  • illegal transportation of alcoholic beverages; and
  • any of the 15 violations found in NCGS § 20—17

Underage Drinking Penalties

Serge Semirog

A person under the age of 21 caught purchasing, attempting to purchase or possessing alcohol will be charged with a class 1 misdemeanor. Sentencing is left to the judge's discretion. The Division of Motor Vehicles revokes that person's driver's license.

- A 19 or 20-year-old caught possessing beer or wine can be charged with a Class 3 misdemeanor and if found guilty could be fined up to $200 and lose his or her driver's license.

- For the first offense, a person convicted of selling or providing alcohol to someone under the age of 21 must pay a $250 fine plus $100 in court costs and do 25 hours of community service.

- A person convicted for aiding and abetting the sale or provision of alcohol to a minor must pay a $500 fine plus court costs and do 25 hours of community service work.

- In addition to fines and court costs, those convicted of breaking the state alcohol laws may have to pay attorney's fees and an increased insurance premium of 400% or more.

- It is illegal for anyone to loan his or her ID to someone else to obtain alcohol. Upon conviction, DMV will revoke the loaner's driver's license.

How Auto-Insurance Rates are Determined in NC

Serge Semirog

One of the most common questions we get from our clients after an auto accident: will my auto-insurance rate go up?

Let's look at how the rates are set in North Carolina.   Underwriting is the process by which an insurance company considers your application and evaluates your driving record and other factors to see if you meet its guidelines.  

Insurance companies use a variety of factors to determine each driver's level of risk.  

Each company will use its own underwriting guidelines to decide whether or not to insure a driver voluntarily.  Some of the most common factors that will affect your rate are: your driving record, where you live, type of car you drive, how often you drive and your patterns of driving.

Your Driving Record

Your driving record will have the largest impact on your insurance premium.  North Carolina insurance points are charged for at-fault accidents and convictions for moving violations that occur within the last 3 years (your experience period).

Where You Live

The area you live in will also affect your rate.  Insurers will consider vehicle and population density, road conditions, repair rates, hospital and medical costs, and the number of accidents and other claims in a particular area.  Normally, urban areas have higher rates than rural areas.

Type of Automobile

The likelihood of theft, cost of repair and replacement, and the style of vehicle (sports car, SUV, station wagon, etc.) will influence your premium.  For example, a sports car will normally have a higher premium than a family sedan.

Household Members

When the individuals residing in your house have bad driving records, the insurance company knows it has an increased risk.  The insurance company will consider that risk when underwriting the policy, because generally any family member residing in the same household will be considered an insured under the liability provisions of the insurance policy.  Anyone driving your covered vehicle with permission is also covered by your policy.

For more information you can always contact the NC Department of Insurance.

By Serge SemirogGoogle +