Northeastern North Carolina Legal Help
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Northeastern North Carolina Legal Help
Danny Glover, Jr. has been handling significant personal injury, wrongful death, criminal, DWI and traffic cases in northeastern North Carolina for over 21 years. Visit http://www.teagueandgloverlaw.com/
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What is the maximum amount of compensation I can get from a car accident?

What is the maximum amount of compensation I can get from a car accident? | Northeastern North Carolina Legal Help | Scoop.it

Put simply, it depends.

Not to be glib, but the truth of the matter is, there are a lot of moving parts.

It can be complicated.  There is no simple truth for every case.  Reasonable minds can, and often do, differ.

 

  • Is there a limit to my claim?
  • Is there a minimum for my claim?
  • What is a realistic time frame?
  • What happens when there is no insurance
  • What do I do if the insurance doesn’t cover everything?
  • Does my insurance pay?
  • Are lawsuits always filed?

 

How is a Settlement determined?

 

As stated, we look a lot of different things.

In addition to determining the “causality of the wreck,” we also figure out the consequences or damages or losses.

Personal Injury Lawyers spend their days looking at accident reports and medical records

Because of recent changes in accident laws in North Carolina, we often prepare what lawyers refer to as a “Demand Package” or Settlement Statement.

We set forth the cause the wreck, who was negligent, and thereafter explain what things cost and why.

Thereafter we spend time providing documentation.  That may include billing statements or financial summaries.

When people are out of work, we normally provide proof of lost wages at work.

Danny Glover's insight:

How cases are settled in North Carolina depends on several different factors.  We consider the cause of the injury, the level of coverage, and the likelihood of prevailing at trial.

 

It’s important to realize, ‘settling’ something is a legal term.  We often times don’t settle until the insurance company gives up, realizes we’re serious, and settles ‘on the courthouse steps.’ 

 

Clients are regularly shocked to hear a claim is being denied.  They don’t understand why, until we explain litigation more-often-than not is caused by an unreasonable insurance company or adjuster.

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North Nursing Home Abuse Lawyers - Glover Law Firm

North Nursing Home Abuse Lawyers - Glover Law Firm | Northeastern North Carolina Legal Help | Scoop.it

More families today face the difficult decision of moving an elderly loved one into a nursing home, retirement home or long-term assisted living facility. According to the U.S. Census Bureau, our nation’s 65-or-older population could reach as high as 70 million by the year 2030.

 

A trying situation can turn horrifying when the family begins to observe that their loved one has unexplained cuts, bruises, burns, bedsores or broken bones, or when it appears that no one at the home is looking after their hygiene or nutrition. The loved one may suffer a sudden catastrophic injury, or their condition may quickly deteriorate and lead to death.

 

An increased number of nursing home abuse and neglect cases are being reported throughout the country, including in Northeastern North Carolina. In many instances, the injuries or deaths suffered by our loved ones are not accidents at all, but instead are the result of a pattern of negligent, reckless or intentional misconduct by nursing home operators and staff.

 

Some of the common cases of nursing home abuse and neglect occur when a nursing home and its employees fail to:

  • Administer proper medication
  • Provide adequate nutrition and hydration
  • Assist in the patient’s personal hygiene
  • Care for bedsores, cuts, wounds or broken bones.

 

In some cases, a nursing home staff may have physically or sexually assaulted a vulnerable, elderly resident or misappropriated their financial information and personal funds.

 

This can arise when the nursing home makes critical errors in the:

  • Hiring and retention of staff (including the failure to conduct criminal background or abuse registry checks or adequately staff the facility)
  • Training and supervision of staff
  • Maintenance of the premises (including living facilities and medical equipment).

 

A nursing home abuse and neglect case requires navigation of state and federal laws, and it can involve multiple parties.

Danny Glover's insight:

You also need to work with a personal injury law firm that will keep you regularly updated and informed about your case. If you have questions and concerns, you deserve prompt answers.

 

Danny assists nursing home abuse victims throughout the state, especially in Northeastern North Carolina and the Outer Banks, including those in Elizabeth City, Edenton, Hertford, Camden, Currituck, Manteo, Nags Head, Kill Devil Hills, Duck, Corolla and surrounding areas in Pasquotank, Camden, Dare, Currituck, Perquimans, Chowan and Gates counties.

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Top Outer Banks Motorcycle Accident Lawyer - Glover Law Firm

Top Outer Banks Motorcycle Accident Lawyer - Glover Law Firm | Northeastern North Carolina Legal Help | Scoop.it

There may be nothing better than being in the open air, enjoying the sun and scenery of North Carolina’s Outer Banks with a motorcycle ride down N.C. 12.  However, riding a motorcycle also provides less protection as driving other types of vehicles. 

 

When motorcycle riders are involved in an accident, they can suffer severe head injuries, neck injuries, back injuries and other traumatic injuries. Motorcyclists also can be paralyzed or permanently disabled in a crash with another motor vehicle. 

 

Circumstances that often cause motorcycle accidents on the Outer Banks and elsewhere in Northeastern North Carolina are other drivers:

  • Exceeding the speed limit
  • Driving too fast for conditions
  • Failure to reduce speed
  • Aggressive driving
  • Alcohol use
  • Failure to yield right of way
  • Disregarding traffic signs or signals
  • Crossing the center line
  • Improper lane changes

 

In many cases, motorcyclists are hit by other motorists that do not see them. Too often, other motorists simply aren’t looking out for motorcycles.

Danny Glover's insight:

Motorcyclists have the same rights and privileges as drivers of other motor vehicles.

 

For help in the entire area of Northeastern North Carolina, call our Outer Banks motorcycle accident lawyer today at (252) 299-5300 or use our online form. We provide free initial consultations. 

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Necessary Steps Before Calling an Accident Lawyer

Necessary Steps Before Calling an Accident Lawyer | Northeastern North Carolina Legal Help | Scoop.it

Ask Yourself: Do You Need an Accident Lawyer?

 

You typically pay about one-third of your recovery in lawyer’s fees, so making sure your situation warrants the hiring of an accident lawyer is in your best interests. 

 

Generally, it’s a good idea to hire a lawyer if:

  • A serious injury or death has occurred in the accident
  • Fault or negligence is clearly an issue
  • The accident happened in a construction zone
  • The police report puts you at fault or doesn’t describe the accident accurately
  • Your insurance company involves its own attorney
  • The accident happened at a business
  • The accident happened because of a drunk driver
  • A tractor trailer driver caused the wreck

 

Accident attorneys need a number of things from you, and it’s often easier if you gather the requisite information before you get in touch.

 

Take Down Witness Information 

Go to a Doctor

Take Pictures of the Damage

Get a Repair Estimate

Order the Police Report

Collate All Information About the Accident

At the very least you should have:

  • The date of the accident
  • Who was involved
  • Where it happened
  • Whether police responded and if so, a copy of the police report
  • The dates you sought treatment for injuries incurred in the accident
  • The names and contact details of the medical professionals who treated you
  • The names and contact details for all witnesses, passengers and any investigating officers
Danny Glover's insight:

Preparation is essential for tackling an accident claim, and that preparation starts before you pick up the phone to a lawyer.

 

Ticked off everything on this list? Get in touch today for a free initial consultation

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What is Mediation

What is Mediation | Northeastern North Carolina Legal Help | Scoop.it

What is Mediation - How Does Mediation Work?

 

Mediation is a meeting, often times it is more informal, typically taking place in a law office or sometimes at the Courthouse - Danny Glover

 

More Info: NC Mediation Law

 

 

Danny Glover Outer Banks Lawyer FREE CONSULT 252-299-5300

Danny Glover's insight:

Basics of Mediation in North Carolina:

 

  • No one at mediation decides the case
  • The mediator doesn’t tell you what you have to accept
  • The mediator doesn’t tell the other side what they have to pay
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How to Get Out of a Ticket and Avoid NC License Points

How to Get Out of a Ticket and Avoid NC License Points | Northeastern North Carolina Legal Help | Scoop.it

You were driving along the Outer Banks of North Carolina, enjoying life. You saw a police car with flashing lights behind you, so you pulled over.

The police car did, too. And now you have a traffic ticket.

Your first thoughts might be, “How many points is this? What’s going to happen to my insurance? What do I do now?”

The first thing to do is relax. It may not be as bad as it seems. 

 

North Carolina has two kinds of points for traffic tickets: driver’s license points and insurance points. They stay on your records for three years, and if you get additional tickets during that time, those points will be added to the total. (Hint: Try not to do that!)

 

Here is a sample of the violations and the Drivers License points assigned: 

  • Passing a stopped school bus – 5 points
  • Following too closely – 4 points
  • Driving on the wrong side of road – 4 points
  • Failure to yield right of way to pedestrian, bicycle, motor scooter, or motorcycle – 4 points
  • Failure to yield right of way to other vehicles – 3 points

 

The North Carolina Safe Driver Incentive Plan (SDIP) was created to give drivers a financial incentive to practice safe driving habits. 

 

Here are some of the violations and insurance points that can be assessed:

  • Prearranged highway racing – 12 points
  • Driving while impaired (DWI) – 12 points
  • Speeding to elude arrest – 10 points
  • Reckless driving – 4 points
  • Passing a stopped school bus – 4 points

 

This is how points affect your insurance rate:

  • 12 points – 340% increase
  • 10 points – 260% increase
  • 8 points – 195% increase
  • 4 points – 80% increase
  • 3 points – 60% increase
  • 2 points – 45% increase
  • 1 points – 30% increase

 

How to Get out of a Ticket

Danny Glover's insight:

Most traffic tickets are resolved by pleading guilty and paying a fine, or by getting them reduced or dismissed. But depending on your situation, going to trial may be the best answer to the question of how to get out of a ticket.

 

If you are considering this option, I strongly recommend that you consult with and be represented by an attorney

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North Carolina Pedestrian Injury Lawyer - Glover Law Firm

North Carolina Pedestrian Injury Lawyer - Glover Law Firm | Northeastern North Carolina Legal Help | Scoop.it

Every year, there are approximately 2,200 pedestrian accidents reported in North Carolina, resulting in 500 injuries and between 150 and 200 deaths, according to the UNC Highway Safety Research Center. 

Although pedestrians may be at fault in some of these cases by crossing a street or wandering into a roadway without looking for traffic, the majority of these accidents are caused by the carelessness of motor vehicle drivers.

 

The most common causes of pedestrian accidents that we have observed are drivers who:

  • Drive while impaired by alcohol, illegal drugs or prescription medications
  • Drive while distracted by texting, talking on a cell phone, eating or drinking
  • Speed or drive aggressively, especially in poor weather conditions (ice, rain, fog)
  • Fail to yield the right of way to pedestrians at intersections or crosswalks
  • Race through stop lights or fail to obey stop signs
  • Simply fail to respect the presence of pedestrians and leave adequate clearance.

 

 

In North Carolina, pedestrians are protected by crosswalks. Whenever you’re on the Outer Banks, make sure that you are using crosswalks. That you are completely within the boundaries of crosswalks. 

 

Pedestrians are required to walk along the shoulder facing oncoming traffic. It’s important that you do that. That helps you see what’s coming at you so that you can avoid any potential hazards as necessary.

 

In many cases, the driver of a car or truck will contend that the pedestrian is partially or wholly to blame for causing the accident.

Danny Glover's insight:

We know the common tactics of insurance companies and how to counter those attempts to escape responsibility, and we will work tirelessly to make sure you are fully and fairly compensated for the harm you have suffered.

 

These are complicated. They are not the kind of cases that most people can handle without the help of an attorney

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What Should I Do At The Scene Of A Wreck

What Should I Do At The Scene Of A Wreck | Northeastern North Carolina Legal Help | Scoop.it

Quick Tips at Accident Scene: 

 

  • Stay calm and breathe!  If you have been injured, do not move – call 911 (if possible) and wait for EMS and then go to the hospital
  • Once all people involved in the wreck are accounted for and that situation is stable, have someone gather all of the information possible at the scene, including the names, addresses, phone numbers and license plate numbers of any and all witnesses and other drivers involved in the wreck, and take photographs of everything.  Do not rely on law enforcement to do this for you
  • Do not move any vehicles until law enforcement arrives

 

Danny Glover

Danny Glover's insight:

What About Medical Bills? 

 

Even if the wreck was caused by someone else, your medical bills are your responsibility.  

 

  • Non-payment or late payment of those medical bills will hurt your credit and lead to late fees, etc.  
  • If the wreck was not your fault, you may eventually recover a settlement that includes reimbursement for your medical bills, but injury settlements take time, and it is important that you utilize all available health insurance to pay the bills as soon as possible.  
  • Some health insurance companies are entitled to repayment from your eventual settlement, and some are not.  

 

An experienced injury attorney can assist you in figuring that out as part of your case.

 

 

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Elizabeth City Bicycle Accident Lawyer - Glover Law Firm

Elizabeth City Bicycle Accident Lawyer - Glover Law Firm | Northeastern North Carolina Legal Help | Scoop.it

It happens all too often on the roads of Northeastern North Carolina. A bicyclist following proper safety rules is run off the road by a car or truck in a careless, reckless or, in some cases, intentional act. The resulting catastrophic injuries can be devastating to the cyclist and his or her family, resulting in broken bones, head and brain injury, paralysis or even death. 

 

According to the National Highway Traffic Safety Administration, some of the leading causes of bicycle accidents are when motor vehicles fail to: 

  • Share the road by leaving at least three feet of clearance when passing the bicycle
  • Check for a cyclist when opening a car door or leaving a parking spot
  • Stop at stop signs or red lights at intersections or yield the right of way
  • Check mirrors and blind spots for bicycles when making a left or right turn.

 

Our attorney and staff will work with investigators and highly qualified experts to determine the true story of your bicycle accident, and we will fight to secure the compensation you need, including medical expenses, lost wages and pain and suffering. If the driver who hit your bicycle committed an especially reckless act, such as intentionally running you off the road, our attorneys will seek punitive damages as well in any verdict or settlement on your behalf. 

Danny Glover's insight:

Danny Glover, Jr. assists bicycle accident victims throughout the state, especially in Northeastern North Carolina and the Outer Banks, including those in Elizabeth City, Edenton, Hertford, Camden, Currituck, Manteo, Nags Head, Kill Devil Hills, Duck, Corolla and surrounding areas in Pasquotank, Camden, Dare, Currituck, Perquimans, Chowan and Gates counties.

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North Carolina Criminal Charges Lawyer - Glover Law Firm

North Carolina Criminal Charges Lawyer - Glover Law Firm | Northeastern North Carolina Legal Help | Scoop.it

We have experience in defending and helping people charged with all types of crimes in northeastern North Carolina. 

 

We handle all types of state criminal charges: 

  • Traffic Tickets
  • DWI’s
  • Drug Charges
  • All Felony and Misdemeanor crimes, including underage alcohol charges, larceny, embezzlement, assault, robbery, sex crimes and murder.

 

We also represent people charged in Federal Court with crimes on the National Seashore, including: DWI on the beach,

  • Drug Charges
  • Reckless Driving
  • Speeding
  • Hunting and Fishing violations
  • Trespassing and other “Park Ranger” charges.

 

We understand that the effects of criminal charges can be devastating for you, your family, your job or your education. A criminal conviction can result in not only prison time and high monetary fines, but it can also cost you your job, a loss of security clearances, loss of future job opportunities, expulsion from school, and the loss of possible student financial aid opportunities.

Danny Glover's insight:

We talk about background, jobs, school, family, the charges, what happened so that I can get a good feel for exactly what I’m dealing with, how this is going to impact you, what’s going to be necessary to defend you and get the best possible outcome for you. 

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What Do Attorneys Do in Wrongful Death Matters?

What Do Attorneys Do in Wrongful Death Matters? | Northeastern North Carolina Legal Help | Scoop.it

If you are suffering the loss of a loved one, first please accept our most sincere condolences.  We understand it is an extremely difficult time and that you may have a lot of questions.  That is normal.  Wrongful Death cases are just different.  They require careful consideration of the factual basis of a potential claim. 

 

You may be asking yourself: What Do Attorneys Do in Wrongful Death Matters? How Can They Help?

  • Because lawyers assist in making claims, preparing legal documents, and preserving legal rights, family and friends of the deceased are not further burdened 
  • Frankly, you may not be in the emotional condition to deal with Insurance Adjustors, Claims Agents, and others involved in the processing a claim for losses.
  • Attorneys can help in the filing of an Estate
  • Lawyers explain things like the Statute of Limitations, Insurance Benefits, and Loss Valuation  

 

Things to Consider When Preparing a Claim:

  • Are there Damages associated with an injury, such as outstanding hospital bills, surgical procedures, anesthesia, EMT Ambulance and Transport Services?
  • What are the Losses for Lost Work, Income, Long-Term care of family?
Danny Glover's insight:

Death cases are unique.

 

Calculating Damages associated with the loss of a loved one require careful consideration of a wide range of legal and personal issues.  Sometimes that involves the assistance of Financial Experts.  Sometimes good-old-fashioned common sense, and compassion, are necessary to help explain the true costs of a lifetime without someone whom was taken too soon.

 

Customer service is very, very important, especially when you’re doing personal injury work, because you’re dealing with people who have come to you because they have a major problem. 

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How Do You Get a Drivers License Restored?

How Do You Get a Drivers License Restored? | Northeastern North Carolina Legal Help | Scoop.it

The Difference Between a Revocation and Suspension in North Carolina 

 

Suspension relates to your driving privileges being “temporarily withdrawn” 

  • Set or Specific Amount or Period of Time
  • Reinstatement allowed without applying for a new License
  • Requires Compliance with Terms of Suspension

 

Revocation is when your driving privileges are said to be “terminated”

  • Reinstatement allowed, but may require a Hearing
  • Requires Applying for a new License
  • Must meet Eligibility Requirements
  • Proof of Age and Identity
  • Proof of Social Security
  • Proof of Residency
  • Proof of Liability Insurance

 

When you get a bunch of tickets and you don’t pay them they accumulate fines, court costs, failure to appear fees, etc.

 

You have to pay all the court costs. In addition, in North Carolina when you have a failure to appear or failure to pay there is usually a $200 extra court cost associated with that.

 

Those have to be paid.

 

Then you have to look at are you even eligible to get a license back. 

 

Often times when someone fails to appear, they fail to pay a fine, their license is revoked by DMV.

 

That revocation lasts forever until that fine is paid or that court cost is paid or the appearance in court is made.

Danny Glover's insight:

You should not JUST pay off old tickets.  That can make a bad situation worse.

 

That’s why you need an experienced traffic lawyer in northeastern North Carolina to talk to you about the specifics of your situation. 

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Protect Your Loved Ones by Reporting Nursing Home Negligence

Protect Your Loved Ones by Reporting Nursing Home Negligence | Northeastern North Carolina Legal Help | Scoop.it

Because our population is aging rapidly and the demand for nursing home bed spaces and resources grows every year, caregivers often become overwhelmed and exhausted, leading to cases of nursing home neglect.

 

Nursing home abuse comes in many forms. The report discussed six types of abuse that can occur in a nursing home:

  • Physical abuse
  • Sexual abuse
  • Financial exploitation
  • Gross neglect
  • Psychological abuse
  • Resident to resident abuse

 

If you have a loved one currently residing in a nursing home or assisted living facility, it is important that you understand the scope of the nursing home abuse problem in the United States. A recent report by the National Center on Elder Abuse showed the following statistics: 

  • In a 2000 study of American nursing homes, 44 percent of residents said they had been abused and 95 percent reported they had been neglected or witnessed another resident suffer from neglect;
  • More than half of nursing home staff members surveyed admitted to mistreating residents, with the majority of these mistreatment cases involving neglect; 
  • In a survey of certified nursing assistants (CNAs), 17 percent admitted to pushing, grabbing, or shoving residents. 51 percent admitted to yelling at residents and 23 percent reported they had sworn at or insulted residents.
Danny Glover's insight:

Help End Nursing Home Negligence. . .Report It.

 

If your loved one is a victim of abuse or neglect, he or she deserves justice

 

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How Can a Lawyer Help with Tickets?

How Can a Lawyer Help with Tickets? | Northeastern North Carolina Legal Help | Scoop.it

Generally speaking, it’s not a bad idea to consult with an attorney before moving forward with a speeding ticket.

 

  • That’s because there are a series of considerations in determining the most appropriate way to proceed.
  • When people call us they occasionally assume a PJC or Prayer of Judgment Continued is always the best way to go.  Frankly, sometimes it makes sense; but, sometimes, another option may be more appropriate.
  • There are restrictions to continuing judgment.  It is by no means automatic or guaranteed.
Danny Glover's insight:

Some traffic matters carry more than just insurance increases.  Certain really fast speeding tickets in North Carolina can actually be criminal offenses and result in immediate revocation

 

We’re here to answer your questions.

If we think you can handle the ticket yourself, we’ll let you know that too.

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Danny Glover's curator insight, September 14, 2017 12:37 PM

Some traffic matters carry more than just insurance increases.  Certain really fast speeding tickets in North Carolina can actually be criminal offenses and result in immediate revocation

 

We’re here to answer your questions

If we think you can handle the ticket yourself, we’ll let you know that too.

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What Are Benefits of Hiring a Lawyer?

What Are Benefits of Hiring a Lawyer? | Northeastern North Carolina Legal Help | Scoop.it

If you have begun searching for lawyers on the Internet or doing research on how insurance issues work, chances are you’ve already begun experiencing the complexities of making a claim.

If you are frustrated with the carrier or the process, that’s OK. 

 

The time associated with presenting a claim, collecting, assembling, and organizing medical records, histories, and explaining the causation of a wreck, normally takes a long time and a fair amount of experience to do so in a format that insurance companies both understand and recognize as valid. 

 

Furthermore, experienced injury attorneys have a good idea of what a fair settlement amount actually is.

 

We do the hard and sometime tedious work behind making a claim. We take on the burden of demanding a proper settlement with the insurance company or at fault party.

 

Lawyers take the responsibility on of making certain the law is followed, that the responsible party is held accountable, and that the insurance company pays a fair settlement. 

 

It can be a bit confusing.  Talk to us.  We’re more than willing to explain how things work.  In fact, we will give you a written contract, where everything is set forth in writing.

 

Danny Glover's insight:

We wouldn’t need lawyers if the process was always simple, fair, made common sense, or was something that only took a couple seconds to do.

 

We have experience helping people through difficult times.  That’s what we do.  We help people. 

 

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What are the Most Dangerous Travel Holidays?

What are the Most Dangerous Travel Holidays? | Northeastern North Carolina Legal Help | Scoop.it

If you plan on jumping in the family roadster and running up to Grandma’s House this Christmas, know you’re not the only one.

 

While it’s hard to believe, approximately 48,700,000 Americans will travel fifty or more miles from home.  Although not everyone will be on the roads, that is up from last year’s high and amounts to an almost 2% overall increase. 

 

What are the Three Most Dangerous Days to Drive

It may surprise you, but the days getting to and from Grandma’s House on Christmas don’t make the cut.

So here they are:

  • Memorial Day Weekend – Yep, somewhere around 400 people die during the start of the summer holiday.
  • The Start of Daylight Savings Time – This one may surprise you.  Yes, the time change literally can kill you.
  • Black Friday – With an estimated 70+ Million Shoppers hitting the roads, rear-end collisions make up 12 1/2 % of insurance claims on Black Friday.  Here’s another surprise, 11% other claims involve wrecks and parked cars.

 

What are the best and worst times to drive during Christmas week?

  • Worst Day to Leave:  December 23, 2016 
  • Best Day to Leave:  Wednesday following Christmas, December 28, 2016, assuming you have that much vacation left
  • Worst Time to Drive:  3 p.m., Traffic will be heaviest during that hour on December 23
  • Best Time to Leave:  6:00 a.m. or earlier

 

Looking for a cool Travel App?  Check Out Waze

WAZE is a free App that only takes a few seconds to download.

The graphics are pretty self-explanatory and there is not a steep learning curve.

While we would never encourage speeding, Waze users regularly report things like the location of wrecks, disabled vehicles, traffic conditions, and the locations of police on the roadways.

Danny Glover's insight:

There are simple steps to make the holidays safe for you and your family.  Take your time.  Be patient.  Expect delays.  Get plenty of rest and most importantly, don’t drink and drive

 

We’re all about helping people through difficult times.  That’s what we do day in and day out. 

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The Alcohol Breathalyzer Test: Know Your Rights

The Alcohol Breathalyzer Test: Know Your Rights | Northeastern North Carolina Legal Help | Scoop.it

In North Carolina, driving while intoxicated (DWI), is considered a very serious offense! 

 

Based on information such as if you have been charged before, whether anyone was injured, whether you had a revoked license and what else was happening when you were arrested, you could face:

  • Incarceration
  • Excessive Fines
  • Suspension of License
  • Community Service
  • Higher Auto Insurance Premiums

 

Because so many DWI charges begin with an Alcohol Breathalyzer Test, it is important to know your legal rights!

 

What is an Alcohol Screening Test?

The Preliminary Breath Test (PBT), or a Preliminary Alcohol Screening Test (PAS Test) also commonly referred to as a “portable breathalyzer” or “Alco-Sensor” is a normal part of every police officer’s field sobriety toolkit.

 

Each of these tests must follow a standardized procedure:

  • It is mandatory that you are allowed to contact an attorney and have a witness present before you begin the test. If you choose to exercise this right, you will have 30 minutes for your witness to arrive.
  • It is also essential that the officer or official administering your test possess the correct certifications.
  • You must receive two distinct tests and the results much end up within 0.02% of each other.
  • You also have the right to get an additional blood test done, at your own expense, as soon as you are released from custody.

 

Chemical Testing is a far more reliable means of attaining an accurate BAC reading because of the controlled environment of the police station relative to that of the roadside field sobriety test.

Chemical Testing typically entails breath analysis or a blood test.  Each of these methods is more accurate and reliable than a roadside PAS Test.

 

Do I Have to Consent to a PAS, Chemical or Blood Test?

In the State of North Carolina, there is an implied consent law in regards to being tested for intoxication while driving. 

What this means is that by receiving a North Carolina driver’s license, you have already consented to allow the police to test you in the event that you are suspected of being intoxicated.

 

May I Remain Silent During a DWI Stop?

After being pulled over for suspicion of DWI, it is usually not in your best interest to launch into a lengthy and detailed conversation with the police officer. Everything that you say to the arresting officer will be used to build a case against you for DWI. 

 

You certainly have the right to remain silent during this time, though it is important to be aware that there are certain laws revolving around your consent to submit to chemical testing sample which could be compromised by choosing not to say anything.

 

The choice to remain silent during a DWI roadside stop could seem suspicious, but it is completely allowed and advisable. While the arresting officer is likely to try to get you to engage in conversation, it is important to know that you do not have to engage with them. 

Danny Glover's insight:

These charges are considered very serious and can result in expensive fines, the loss of motor vehicle driving privileges, professional licenses, and even incarceration.

                                                 

If you or anyone you know has been charged with a DWI related crime, contact Glover Law Firm as early as possible so that proper work can be undertaken to pursue defense strategies to help you as much as possible. 

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Elizabeth City Car Accident Lawyer - Glover Law Firm

Elizabeth City Car Accident Lawyer - Glover Law Firm | Northeastern North Carolina Legal Help | Scoop.it

It can happen when you are driving to work or school, taking your family to church or heading out to the store, a ballgame or the beach. Suddenly, you may be rear-ended, sideswiped or struck head on by another vehicle. It can change your life in an instant. 

 

As Glover Law Firm reviews your case, we will focus on the cause of your crash, including whether it was the result of: 

  • Speeding (including driving too fast in bad weather conditions such as ice, rain or fog)
  • Following too closely or passing where it’s not safe
  • Running through a red light, stop sign or yield sign
  • Failing to yield the right of way
  • Changing lanes without checking mirrors or using turn signals
  • Distractions (such as talking on a cell phone, texting, eating or drinking)
  • Drowsy or fatigued driving (including falling asleep while on the road)
  • Driving while impaired by alcohol, illegal drugs or prescription medications
  • Aggressive driving
  • Driver inexperience (which is especially common among newly licensed teen drivers)
  • Road defects (particularly if the accident occurred on a rural road)
  • Automotive defects (including features that can make a car prone to rollovers).
  •  

I can see your injuries. I can see how this is affecting you. I want to talk to you about the process at that point.

 

Danny Glover's insight:

If you or a loved one has been seriously injured in a car accident through no fault of your own, Glover Law Firm will get you the money you need and deserve. For a free consultation, call today or complete our online form. 

 

We charge no legal fees unless we make a successful recovery on your behalf.

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Charged with a DWI? Learn how a DWI Attorney can help.

Charged with a DWI? Learn how a DWI Attorney can help. | Northeastern North Carolina Legal Help | Scoop.it

Even if it’s your first DWI offense in North Carolina, you could be facing possible jail time, a suspension of your driving privileges, drastically increased insurance premiums, an ignition interlock device, probation, alcohol counseling and a fine of up to $4,000, depending on the circumstance. 

 

If you’re pulled over for suspected DWI and have a North Carolina driver’s license, then you have already given “implied consent” to take a blood or alcohol test. If you refuse the blood or alcohol test, then you may lose your driver’s license for up to 1 year.

 

North Carolina has six different sentencing levels, increasing from less to more severe. If you’re convicted of DWI, a sentencing hearing takes place to determine the level of severity based on grossly aggravating and mitigating factors. 

Grossly Aggravating factors could include:

  • Prior DWI conviction within 7 years
  • The offense resulted in serious injury to another
  • A child under the age of 18 was in the vehicle
  • DWI during license revocation for prior DWI
Danny Glover's insight:

Obviously, the best way to avoid a DWI is to never drink and drive. Unfortunately, that’s not a reality.

 

It’s important you hire an experienced criminal law attorney to examine your case and make strategic decisions on how to beat or reduce the charges, or to figure out how to get your punishment reduced as much as possible. 

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How You Can Avoid Becoming a Statistic in a Pedestrian Accident

How You Can Avoid Becoming a Statistic in a Pedestrian Accident | Northeastern North Carolina Legal Help | Scoop.it

Pedestrians in the United States face an extremely heightened risk of serious injury or death when crossing or walking on city streets and roads. 

 

 

Driver negligence and errors are one of the main reasons pedestrians are injured or die when hit by a car, truck, motorcycle – or even a bicycle.

Pedestrians may themselves the victim of a serious or fatal accident if a driver exhibits any of this conduct: 

  • Aggressive driving or road rage;
  • Driving while alcohol-impaired;
  • Failing to back up safely;
  • Using a hand-held or hands-free cell phone while driving;
  • Sending or reading texts while driving;
  • Becoming distracted or inattentive by in-vehicle or out-of-vehicle distractions;
  • Driving without the proper experience for the conditions;
  • Driving under the influence of drugs, either prescription, OTC or illegal;
  • Eating or drinking while driving;
  • Failure to yield the right-of-way;
  • Driving while drowsy or fatigued;
  • Following too close to the vehicle ahead (tailgating);
  • Disregarding traffic signals and controls;
  • Making improper turns;
  • Unsafe lane changing; and
  • Improper passing or lane usage.

 

Although your risk of serious or fatal injury in a vehicle-related accident is significantly greater as a pedestrian, you can be proactive to help to keep you and those you love safe when walking along city streets, roads and highways in Gates County, Dare County, Currituck County and throughout Eastern North Carolina, including the beach roads of the Outer Banks.

The following tips may help you avoid injury or death while a pedestrian: 

  • Cross the street at designated crosswalks or signaled intersections whenever possible.
  • When walking along the side of a road, always walk on the sidewalk. If no sidewalk exists, walk along the shoulder of the road facing traffic.
  • Before crossing the street, always make eye contact with drivers in approaching vehicles to be sure they see you and are coming to a stop. Never assume you will be seen.
  • If you plan on walking at night, wear light or reflective clothing and carry a flashlight.
  • Do not walk while texting, talking on your cell phone, listening to music or engaging in any other distracting behavior that could inhibit your ability to be alert to circumstances around you.
  • Just as you should never drink and drive, you should not drink and walk either. NHTSA statistics reveal that approximately 37 percent of pedestrians killed in vehicle-related accidents in one year’s time had a blood alcohol concentration (BAC) of 0.08 percent or higher.
Danny Glover's insight:

As everyone is a pedestrian at some point in their lives, it is important for you and your family members know what driver mistakes are most likely to cause an impact with a pedestrian. 

 

That knowledge could help you avoid becoming a statistic in a pedestrian accident.

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What is a SCRAM Device and What Does it Do?

What is a SCRAM Device and What Does it Do? | Northeastern North Carolina Legal Help | Scoop.it

How Could a SCRAM device help my case? 

 

When it comes to a DWI court case, the ability to show the court any mitigating factors can be helpful.

A SCRAM (Secured Continuous Remote Alcohol Monitoring) device can be important in that: 

  • First confirms and then reports alcohol has NOT been consumed
  • Relevant to Continuous Abstinence for a consistent, extended, and measurable period 
  • Sometimes referred to as CAM – Continuous Alcohol Monitoring
  • Prove the non-consumption of Ethyl Alcohol 24 hours a day, 7 days a week
  • SCRAM also confirm “No Tamper Events” and measuring properly

 

What Can Cause SCRAM to Send an Alert?

  • Consuming alcohol
  • Clothing being between the bracelet and skin
  • Tampering with the bracelet
  • Using products containing ethyl alcohol – ethanol
  • Close proximity to products containing drinking alcohol

 

What could improve my chances of being sentenced to SCRAM instead of jail time?

  • Hiring a lawyer can help mitigate the sentencing 
  • Your blood alcohol level being under .15 when tested
  • If this is your first DWI sentence
  • If it has been several years since your last DWI
  • Where you live (Some states are more open to using alcohol monitoring devices than others)
Danny Glover's insight:

Continuous Alcohol Monitoring can be very helpful in court, especially in circumstances with Grossly Aggravating Factors

 

There are more factors and the process can be complicated.  It makes sense to talk to an attorney. 

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What is the Eye Test for DWI Charges?

What is the Eye Test for DWI Charges? | Northeastern North Carolina Legal Help | Scoop.it

Standard National Highway Traffic Safety Administration NHTSA Tests include: 

  • Horizontal Gaze Nystagmus
  • One Leg Stand
  • Walk and Turn / Heel to Toe

 

Often a client accused of DWI will tell me that the officer asked them to “follow a pen” or “follow their finger”, and, invariably, the client then tells me that s/he did great on that test. 

 

However, that test is not merely about whether a person can actually follow the pen or finger with their eyes.  Instead, the test is called the Horizontal Gaze Nystagmus (HGN) test. 

 

Horizontal gaze nystagmus HGN is the lateral or horizontal jerking when the eye gazes to the left or right.  Research has shown that, among many other causes, alcohol consumption can hinder the ability of the brain to correctly control eye muscles, therefore causing the jerk or bounce associated with HGN.

 

The jerking or bouncing of the eyeball, i.e. the nystagmus, can become more pronounced with higher degrees of impairment.  This jerking or bouncing is what is being tested for during the horizontal gaze nystagmus HGN test.

 

During the test, the officer is looking for a certain clues.  Those clues include:

  • Lack of smooth pursuit, meaning that the officer is looking to see if the eyeball can follow the stimulus smoothly from left-to-right and right-to-left.
  • Distinct and Sustained Nystagmus at maximum deviation, meaning that when the eyeball follows the stimulus to the far left or right, does the eyeball twitch quickly while gazing at the stimulus to the far right or left.
  • Onset of Nystagmus prior to 45 degrees, meaning does the eyeball start quickly jerking or twitching before the eyeball follows the stimulus 45 degrees to the right or left.

 

Pursuant to Rule 702(a) and (a1) of the North Carolina Rules of Evidence, only a properly trained expert witness who has successfully completed HGN training can testify in court as to results of the HGN test and the person’s impairment.  

Danny Glover's insight:

This means that only properly trained officers, who perform the HGN test properly, can testify in court about the results of the HGN test. 

 

DWI cases are a complicated, carry long-term consequences, and require careful examination of dexterity testing. 

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Elizabeth City Bicycle Accident Lawyer - Glover Law Firm

Elizabeth City Bicycle Accident Lawyer - Glover Law Firm | Northeastern North Carolina Legal Help | Scoop.it

With our moderate climate, flat terrain and beautiful coastal views, the Albemarle Region and Outer Banks are popular spots for cyclists. Unfortunately, not all car and truck drivers have learned how to share the road with them. 

 

The resulting catastrophic injuries can be devastating to the cyclist and his or her family, resulting in broken bones, head and brain injury, paralysis or even death.

 

According to the National Highway Traffic Safety Administration, some of the leading causes of bicycle accidents are when motor vehicles fail to: 

  • Share the road by leaving at least three feet of clearance when passing the bicycle
  • Check for a cyclist when opening a car door or leaving a parking spot
  • Stop at stop signs or red lights at intersections or yield the right of way
  • Check mirrors and blind spots for bicycles when making a left or right turn.

 

North Carolina is a pure contributory negligence state.

This means that if a person is deemed to be as little as 1 percent at fault for their accident or injury, they can be barred from recovering damages.

At Glover Law Firm, we know how to counter insurance companies who will try to escape paying for claims by arguing that the cyclist contributed to the crash by simply being on the road to begin with.

Danny Glover's insight:

Over the 22 years that I’ve helped bicycle riders, I’ve grown accustomed and fairly knowledgeable about all those injuries and are able to work with the orthopedic surgeons and the neurosurgeons and the plastic surgeons to obtain and provide the medical evidence necessary to make sure that my bicycle accident clients get the best possible outcome from their settlement or their trial.

 

If you’ve been in a bike wreck, feel free to call me

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How to make an insurance claim for car wrecks

How to make an insurance claim for car wrecks | Northeastern North Carolina Legal Help | Scoop.it

When talking to people who have been injured in automobile wrecks, I am frequently asked which insurance should be used to pay for their ongoing medical bills related to the injuries they suffered in the accident:

 

  • Their own health insurance?
  • Automobile insurance of the at-fault driver?
  • Medical payments coverage?

 

Many people assume that only the at-fault driver’s insurance should be billed for your treatment.  This is incorrect, mainly because, in North Carolina, the responsible automobile insurance company only pay one settlement at the end of your treatment, which should include reimbursement to you for all of your medical bills. 

 

Instead, you should provide your own health insurance information to your medical providers and insist that they bill your health insurance.  With a few exceptions, such as Medicare, your health insurance is the primary source of payment for your medical bills. 

Danny Glover's insight:

Most medical providers will not wait that long for payment and will report you to collection agencies if they are not paid promptly.

 

Once you have finally obtained a settlement from the automobile insurance company of the person who hurt you, you may or may not have to repay your health insurance company for the medical bills it paid.  

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What do I have to do at a checkpoint?

What do I have to do at a checkpoint? | Northeastern North Carolina Legal Help | Scoop.it

Checkpoints are strange, and complicated, legal exceptions to the Constitutional right to be free of unwarranted searches and seizures.  Checkpoints allow officers to stop you, i.e. seizure, without any suspicion that you are doing something wrong. 

 

Most checkpoints have a stated “primary programmatic purpose” of checking for valid driver’s licenses, registrations and insurance status. 

 

In North Carolina

  • An officer cannot automatically arrest you just because you refuse to blow in a portable breath test device (PBT), or because you refuse to do field sobriety tests, or because you refuse to answer questions, or because you refuse to allow a search at a checkpoint.
  • A magistrate cannot refuse to give you a bond just because you refuse to do those things.
  • DMV cannot revoke your driver’s license if you refuse to blow in a PBT or take field sobriety tests.
  • You are not automatically guilty of DWI if you refuse to blow in a PBT and/or refuse to do field sobriety tests at the scene. 

 

If you have a concealed carry permit, you should also immediately advise the officer of that and whether or not you have a weapon in the vehicle.

After that, remember:

 

  • You do NOT have to blow into a PBT;
  • You do NOT have to answer any questions about drinking, where you’ve been, where you are going, etc;
  • You do NOT have to allow any search of your vehicle, possessions or person; and
  • You do NOT have to perform any field sobriety tests.
Danny Glover's insight:

Therefore, when you pull up to a checkpoint, you should have ready and immediately hand to the officer your driver’s license, insurance card and registration.

 

This analysis is extremely complicated, and it is not unusual for courts to find that checkpoints do not meet the demanding criteria set out by the US Supreme Court. 

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