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.

Dash Cam and Newtons

July 10, 2015Serge Semirog

We are sure that you've seen incredulous videos about insurance scams in Russia or police brutality during a routine motor vehicle check. Perhaps someone you know has used a camera to record the family summer road trip and shared the video with you. Dashboard cameras (aka Dash Cams) can be used for a plethora of reasons, most importantly for your safety.

Charlotteans spend 30 minutes on average commuting to work, according to the US Census Bureau, which means that an hour every week day is spent on the road. With so many people on the road, accidents happen (and serious ones at that!).

What if you could simplify your insurance claims process? What if you had undeniable proof that the other person was at fault for the accident? A dash cam is a unique tool that watches over you while you drive and records your view at all times. Let's look at some of the cool features that could help you in a motor vehicle accident:

Loop Recording

No matter how big your memory card is, eventually you will have to delete some data before the camera can record again. The ingenuity with dash cams is that they are programmed on a loop. After three, five, ten, or even fifteen minutes or more have elapsed, the camera begins to record over the old data. This means that without you needing to act, the camera will be able to constantly record and store a video of your view while driving. Any unnecessary footage will be deleted and any video you wish to keep can be downloaded to your computer!

G-Sensor

But wait, what if I'm in an accident? What if I am stunned beyond belief after experiencing a traumatic crash and I forget to stop the camera? Will it continue to record? With top of the line technology, dash cams now have a function called G-Sensor, named in respect to G-Force, which, upon detecting a disturbance, saves the current file and continues to record. If the car experiences abnormal deceleration, the G-Sensor activates. This means that you are able to have the data in regard to the accident and film the immediate response should it be necessary.

Parking Sensor

You may be asking why does it matter that the camera records all the time. I'm sure you've experienced the terrible event of coming back from your daily shopping to find a new ugly dent or scrape on the side of your car, and unfortunately with little to no proof of who did it. Dash cams have evolved so as to detect a disturbance, a change in force (or should we say, Newtons) even if your vehicle is stationary. Now, hit-and-run drivers are easier than ever to find due to clear footage detailing the accident. The most advanced dash cams will record front and rear views!

Dash cams in general are great safety nets. Police officers even have them installed so as to have proof of proper conduct on the road. Dash cams are incredibly popular in the East, especially in Russia, and we hope this trend starts right here in Charlotte. It would certainly make our job easier!

Note from the author: The title is a physics joke. Newtons is a measurement of force, what the dash camera would most likely record for the activation of the G-Sensor. Cam Newton is a football player.

Police Reports Decoded

July 07, 2015Serge Semirog

Today we are going to look at Police Reports for Mecklenburg County, North Carolina and explain how to read them.

The police report displayed here was taken from public domain and will be used for educational purposes only. All information used to identify the parties involved has been redacted so as to ensure the privacy of the individuals.

These documents can fit a lot of information in the form of numbers in the margins, so pay particular attention to these details on the report. An in-depth detailed list of codes can be found here, and a blank report can be found here.

Let's set the scene. The numbers refer to the sections from which the information was taken:

Two cars are driving down I-485 in a fairly rural (1) part of Charlotte, NC around 9:33 pm. The road is dry (3) and the weather is clear (4). Unfortunately, night time has already set and the road is not very well lit (7). Mr. Johnson is in his Toyota by himself while Ms. Smith is driving a Volkswagen with two other passengers, females, one Caucasian and one Hispanic (21-26).

Ms. Smith reduces her speed to switch into the right lane (45, 49. 84,85) while Mr. Johnson continues at a speed of 70 mph (51). Realizing he is unable to pass properly, he reduces his speed to 50 mph when he sideswipes Ms. Smith who is traveling at approximately 40 mph (10, 14, 52).

The police report suggests that only the first driver, Mr. Johnson, contributed to the accident (14-19) and caused about $ 700 in damages (44) to Ms. Smith's Volkswagen. Luckily, none of the passengers of either vehicle appear to be injured (32).

That being said, while a police officer may be able to tell if a person is immediately physically handicapped due to the accident, he or she can not read the underlying physical and mental trauma which may require immediate medical attention. What we can tell is that both parties declined Emergency Medical Services (46) and neither vehicle needed to be towed (Vehicle Towed by:), but it is unknown if anyone received medical attention afterwards.

This is just a sample of the information that a police report contains. It can answer questions such as: Did everyone wear a seatbelt (27)? How many lanes did the road have (75)? Did weather or road conditions contribute to the accident (6, 12-13)? Did the airbags deploy in either vehicle (28)? Is either driver under any particular restrictions (36)? Was anyone impaired at the time of the accident (35, 37-39)? A police report can save important details while memories deteriorate over time, especially as time is needed to recover and settle with insurance companies.

While a police report is a very good source of information, the majority is here-say or estimation and crucial information can be left out. Each driver will have a different idea of what happened and the police report takes both into account and includes the opinion of the patrol officer. In the end, the purpose of a police report is to record information for the DMV so that everyone can avoid such accidents in the future.

tags Police Report, Motor Vehicle Accidents

Behind the Scenes of Click It or Ticket

June 26, 2015Serge Semirog

We are sure that you have seen all of the different signs around Charlotte highways saying "wear your seat belt." And, for your own personal safety and for that of your fellow passengers, you should! But, perhaps you forgot one time to put it on or you just negligently drive without your seat belt. In this post, we are going to look at the consequences for such actions during a police stop and a motor vehicle accident.

Police Stop

The first question that pops into your mind is probably: can the police stop me if they see me not wearing my seat belt? Yes! If you are in a vehicle that is not listed under § 20-135.2A, and you are driving the vehicle or in the front passenger seat, the police can stop your vehicle for failure to wear your seat belt.

But what about passengers sitting in the back of the car? Here is where it gets tricky as a police officer cannot stop a vehicle if they see a back-seat passenger unbuckled. Nevertheless, if a police officer stops your car for another reason and see that the passengers are not wearing their seat belt, he can issue a ticket to the passengers.

Penalties for the aforementioned infractions are quite different depending on the seating. A back-seat passenger is quite simple: he or she must pay the State Treasurer $10.00. As for a driver or front-seat passenger, the fees are much higher:

$22.50 (Initial Fine) + $129.50 (General Court of Justice Fee) + $4.00 (Telephone Facilities Fee) + $2.00 (Law Enforcement Training and Certification Fee) = $158.00

Learn More

As you can see, the cost for not wearing your seat belt in North Carolina is fairly hefty, but fine is not accompanied by any other punishment. You will not get points on your driver's license; you will not experience an insurance surcharge:

“Conviction of an infraction under this section has no other consequence. ”

— § 20-135.2A

Motor Vehicle Accident

Now, let's say that you were not wearing your seat belt and you cause an accident or someone else causes an accident with you. Besides the obvious safety risks that you should always take into consideration, what are the consequences?

When the police officer arrives to take a report of the accident, he will almost always ask if you were wearing your seat belt. Your answer will go on the police report but there is little else that can happen. The laws of North Carolina state:

"Evidence of failure to wear a seat belt shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section or as justification for the stop of a vehicle or detention of a vehicle operator and passengers."

As you can see, not wearing your seat belt does not enter into the equation. You did not contribute to an accident because you did not wear your seat belt. If you go to court, the fact that you were not wearing your seat belt is not admissible.

While not wearing your seat belt may not affect your insurance nor your civil case should it arise, it can leave you at risk for serious bodily injury and possibly death--at the least a hefty fine. Drive safely and wear your seat belt.

Unfair Claims Settlement Practices

June 23, 2015Serge Semirog

Insurance companies and their representatives have one job: make money. In the end, no matter how nice the representative may act, he or she is acting within the limitations of the practice so as to retain as much money as possible for the company. Most adjusters are kind-hearted people that do want to help, but you should still be aware of possible unfair claims settlement practices.

North Carolina Unfair Claims Statutes and Regulations fall under Unfair Trade Practices. The tactics can be put into three main groups: misrepresentation, time pressure, and unreasonable offers.

Misrepresentation

Have you ever heard an insurance policy that is just too good to be true? If an ad has any claims that are untrue, the company is misrepresenting the offer. If an insurance agent tells you lies about your policy, the company is misrepresenting the offer. And if an adjuster omits or excludes pertinent facts about your coverage regarding the issue, the company is misrepresenting the offer. It is important that you read your policy to know exactly what you are entitled to, otherwise you must depend on the word of the adjusters. For example, take a look at Pearce v. American Defender Life Co. Ins. where a pilot asked if his policy would cover accidental death while flying for the US Air Force when the representative responded affirmatively. When he died, the beneficiary did not receive the money because it was not technically in the policy. Thus, the suit came about for misrepresenting the terms and conditions of the contract.

Time Pressure

Adjusters will use time to dwindle your resolve, to wear you out and make you ready to accept the next offer, even if it may not be adequate nor reasonable. Lynch and Associates, P.C. have made a wonderful table explaining the time frames NC Insurance Companies must abide by: see here. The main issue is that most of the limits are simply stated as "promptly," while in other states there is a strict number of days. The only definition appears in the Prompt Pay Law which limits several of these actions to 30 days. Therefore, insurance companies cannot wait to acknowledge claims, communicate with the claimant, affirm or deny coverage, or settle for an extended period of time; doing such would be a delay of service and therefore an unfair trade practice. As a result, as seen in Mohr vs. Dix County Mutual Ins. Co., the claimant can pursue the company for unreasonable and vexatious delay.

Unreasonable Offers

"Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled" is an unfair trade practice according to NC statutes ( § 58-63-15(11h) ). Naturally, the debate comes down to one question: what would a reasonable man believe? On this, research shows that it is, naturally, on a case by case basis and determining that the offer is unreasonable is more difficult that one would think. Quite often, an unreasonable offer is accompanied by a breach of other NC General Statutes such as unwillingness to properly communicate or investigate a claim.

Remember, the purpose of the insurance claim is to recover what you lost in an accident. You are entitled to return to your original condition before the loss. Should you find that an insurance company is practicing any of the aforementioned unfair claim settlement practices, the NC Department of Insurance has a complaint form on their website. That being said, the Department of Insurance cannot act as your representative like an attorney. For proper representation, feel free to give us a call so that we can FIGHT and you can WIN.

tags Insurance Company, Settlement

Law Firms: A People Business

June 22, 2015Serge Semirog

While the attorney may have his name on the door and be the one clients most often see in person, a law firm is comprised of a plethora of individuals working behind the scenes so that the attorney can focus 100% on the task at hand.

If you take a look at Semirog Law Firm pllc, there are three other groups of individuals that work to ensure that your case is in good hands and treated properly.

Paralegals

If you have ever seen the USA Network show Suits, then you know Rachel Zane played by Meghan Markle is the paralegal of the firm. Paralegals do a variety of task in the law firm including organizing and maintaining files, conducting legal research, reaching out to insurance companies as well as clients, and generally ensuring smooth operations in the firm. Their job is to support the lawyer; while they can't practice law by themselves, working under the attorney allows them to do much of the same work. Our wonderful paralegal is Haydeey Martinez; you may have talked to her if you ever came to the Matthews office as she is normally the first point of contact for our firm!

Legal Assistants

Along with the paralegals, legal assistants act in a very similar manner. They improve the attorney's efficiency by preparing case files, tracking cases, and supporting the attorney's legal proceedings. They may also act as a runner, going in between the law firm offices and the various courts where they file various motions and orders on behalf of the attorney. This job and its responsibilities fall to Jose Rodriguez, a man intent on keeping everyone happy in and out of the office.

Interns

Sometimes an attorney may take an undergraduate or graduate student intent on becoming a lawyer under his wing. In exchange for an educational experience - including learning how to draft documents, interact with clients, and read legal documents - the intern takes care of many of the administrative and secretarial tasks, overall reducing the weight load on the other members of the office. Semirog Law Firm, pllc, intent on giving back to the community and helping future-attorneys, has had several interns work under the supervision of the firm.

In a lot of media, law firms are portrayed as big and menacing, only intent on making money. In reality, our firm is composed of caring people determined to right the wrongs and make people whole and happy.

tags Paralegals, Legal Assistants, Interns

Fight for Your Right to Picket

June 19, 2015Serge Semirog

Many people have misconceptions about the right to assemble in the form of a protest. In the media, we often see protesters arrested by police or, worse yet, the group devolving into a violent mob. Yet, peaceful picketing and protesting is an essential part of democracy: the fruit of the right to assemble and free speech. What you need to know is how to protest safely and within the legal system.

You should know that your right to assemble is protected by the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances."

That being said, North Carolina allows each county to create ordinances relating to picketing and certain rules must be followed. We will use Mecklenburg County as an example.

The first thing of note is the size of the protest; in Charlotte, if you expect the protest to contain fifty (50) or more people, then you must give notice of the intent to picket to the CMPD at least 48 hours in advance. You are not asking for the right to picket. This notice is used to allow police officers time to plan for increased traffic in the area. The chief of police or designee should give a "receipt of notice" which you need to show to any officer that asks for it during the protest.

Secondly, you need to know where to protest. In the Picketing Ordinance of Mecklenburg County are listed several "city-owned areas" where one may organize a protest (provided that the property was not previously reserved for private use such as a festival) as well as any public area such as a sidewalk. More importantly, you cannot protest on private property (without permission), on a median strip, or at a location, directed, focused, or targeted at a particular private residence.

Next, your protest should not disrupt the public. This means that you cannot obstruct the flow of vehicular or pedestrian traffic, nor the passageway into any driveway, entrance, or access in general. The ordinance may even have regulations of the signs you are able to use so as to prevent obstruction of any passage. Anything you say shouldn't "tend to provoke a reasonable person to a breach of the peace".

Finally, you should pay attention to related ordinances. Be sure to check up on the city's noise ordinance as well as the handbill ordinance, and follow those accordingly. Naturally the protest should be peaceful and respectful of the authorities. It is important to remember that the police are there to protect all sides and if the picketing is causing "disorderly conduct" then they have the right to disperse the group.

tags Protest, Picketing, Charlotte-Mecklenburg, Safety

Death, Taxes, and ... Jury Duty

June 18, 2015Serge Semirog

Are you 18 years or older? Are you a United States citizen? Are you a resident of North Carolina and one of its counties? Have you registered to vote and/or have a valid driver's license? Have you not served as a trial juror in the past two years nor a full term as a grand juror in the past six years? Are you mentally and physically competent? Do you speak English? Are you not a convicted felon with US citizenship restored?

If you answered yes to all of the above questions, congratulations, you can serve as a jury in the county court where you reside! Think of it as a right of passage for your US citizenship; America (acting through a Jury Commission of three private citizens) chose you (randomly) to serve your country!

The goal of this post is to ensure that you know what to expect when you have been summoned for jury duty.

Jury Selection

When you arrive at the court listed on the jury summons, be sure to have a book or something to pass the time as you wait to be questioned. Before the actual selection, you will most likely see a short video explaining the court and your role in the trial. Then, the attorneys of the trial will ask you several questions to ensure that you are fit to serve, that you don't know anyone related to the trial, and that you can see each side objectively.

Should all parties accept you as a juror, your job becomes official and you will be a given a red badge until the end of your jury duty.

Length of Duty and Compensation

Jury Duty can last between several days to several weeks but the average is only one week. You will be compensated for your lost time. Petit jurors receive $12 on the first day and $20 for the following days. If the duty exceeds five days, the compensation is $40 from that point forward. Grand jurors, on the other hand, receive $20 a day. At the end of your service, the Clerk of Court will issue your payment.

During the Trial

When you arrive for the trial, be sure to be dressed in a respectful manner; many judges won't allow people to serve while they are wearing halter or tank tops, cut jeans or clothes with offensive material. Dress comfortably but with your audience's attention in mind.

Without going into too much detail, your job is to listen to both sides and determine the guilt of the defendant based on evidence, opening, and closing statements. You should pay attention to everything that is said and judge objectively the facts presented to you.

Listen to the judge as oftentimes he will direct the jurors. For example, he may ask you not to take into consideration a piece of evidence previously presented, or he may ask you to leave for recess.

Outside of the Trial

The details of the trial shouldn't leave the courthouse; the information that you take into consideration should only be that which was presented before you by the attorneys. This means you shouldn't watch the news about the trial (if there is any) nor should you investigate or search on the Internet the parties involved or post anything regarding the trial on social media. When the day is done, go home, rest, and be ready for the next day of jury duty.

At the end of your jury duty, you will leave for deliberation during which you will talk to your fellow jurors and decide the group's opinion on the trial. When you come out of deliberation, one member (previously designated during deliberation) will announce the result when the judge calls for it. Congratulations, you are finished with jury duty and you must wait at least two years before, once again, serving North Carolina.

To find out more information, be sure to check out your county court's website where you can find the orientation video entitled You, the Juror.

tags Jury Duty, North Carolina

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