Understanding Contributory Negligence in Raleigh

The roundabout at the North Carolina University Bell Tower in Raleigh is known state-wide as the common site of vehicular accidents. The area has since been improved, but accidents can still occur. If a person met an auto accident due to another driver's unfamiliarity with the area, the victim has the right to obtain compensation to recover from injuries or emotional distress brought by the accident.

In North Carolina, however, getting due compensation is not as easy as in other states. NC is one of the few states where the Pure Contributory Negligence Rule is recognized. Under this rule, the victim of a car accident is not entitled to compensation should he or she be discovered to have contributed to the accident—even by a mere 1 percent! It will, then, be to the victim’s benefit to hire a Raleigh lawyer who can establish the other driver’s full accountability for the accident.

The team of lawyers the other driver will hire will likely do everything in their power to involve the victim in the accident, to help their client escape blame. For example, they may insist that the victim didn't make the proper turn signal or was driving too close to their client’s vehicle.

Fortunately, a qualified lawyer can help prove that the victim had no hand in the accident by gathering evidence from witness testimonies and medical reports.

What Are Misdemeanor Crimes?

In the United States, criminal offenses can be classified as either property crime or personal crime. Both of these types are then grouped according to their severity with felony being the most serious. Misdemeanors, on the other hand, are considered lesser crimes than felonies, but graver than infractions.

Whether a certain criminal act would be considered as a felony, misdemeanor, or infraction depends largely on each state. In fact, many states further classify different levels of misdemeanors. When a person commits a crime that's considered as a misdemeanor, he or she may or may not serve jail time for it. The maximum sentence for misdemeanors is a mere 12 months.

Aside from serving jail time, there are a few states where people convicted with misdemeanors lose their civil rights like all convicted felons do. Some of these rights include the right to carry guns and the right to vote. Being prohibited from getting employed in certain jobs, however, is a punishment that all states can impose on certain types of misdemeanor crimes.

Crimes that are usually deemed as misdemeanors, such as driving under the influence or DUI, could turn into felonies due to certain circumstances, such as actually hitting a pedestrian while driving.

On Legal Action Following a Car Accident

A popular bumper sticker once read that a certain four-letter expletive happens. The sticker couldn't be more apt as a decal for cars, which remain one of the deadliest forms of transportation in the world. Car accidents are the leading causes of death in America, and more people have died in automobile crashes than in airplane disasters.

Whether you survive a car accident or not, it will cause all sorts of physical and emotional distress for both you and your family. The medical bills needed to pay for treating a crash victim could also cause financial distress. If you or your relatives feel that someone must take responsibility for the tragedy, it's possible to file a personal injury claim against an individual suspected to be the cause of the accident.

In a legal dispute revolving around a car accident, the plaintiff should be able to prove the negligence of the defendant. It would help plaintiffs to acquire proper documentation of the incident as soon as it happens, so that any details wouldn't be missed. Eyewitness accounts, pieces of evidence, and testimonies will be scrutinized by the court to verify the claims of the plaintiff. Only by convincing the court of the defendant's negligence can the plaintiff win the case and be awarded compensation.

Going for a DWI Probation

When the cops have booked you for driving while impaired (DWI), the sentence can work out in one of a few ways. These include the suspension of drivers' license, fines, and a degree of jail time – or all three penalties mixed into a punishing cocktail. However, the defendant's counsel can convince the judge to put their client on DWI probation with a probation officer assigned to keep tabs on him. There are conditions that the offender should follow, which may differ on one of five aggravated levels as stated in North Carolina General Statutes (NCGS).

Level V Punishment carries the light penalties, as stated under NCGS § 20-179(k). A jail term of between 24 hours to 120 days plus fines of up to $200 are imposed. If the judge grants probation, they can state other conditions to augment obligations of undergoing substance abuse and related education.

Level I DWI Punishments under NCGS § 20-179(g), the toughest, carry terms of between 30 days to 24 months plus a fine of up to $4,000 if the chief aggravating factor was the defendant being accompanied by a minor at the time of the offense. However, if probation is ordered, the defendant should abstain from alcohol for a minimum of 30 days up to the maximum term, but the authorities will keep watch through an alcohol monitoring system.

Prison time can be trying for the defendant. If probation status is granted, it's up to them to make amends.

When is a Plea Bargain Acceptable?

Many courts in the U.S. are burdened by a backlog of cases that have yet to reach a verdict. To expedite the process behind certain proceedings, many cases today have the option of reaching a “plea bargain” agreement. In this resolution, both parties agree on certain arrangements that are usually less severe than what the court may have in mind. However, take note that not all cases, as well as charges, are eligible for a plea bargain.

Nolo.com cites three factors for a plea bargain to be the most viable resolution. First, the crime must not be serious enough to warrant severe punishment from the law. Second, the evidence must not be strong enough for the court to find a person guilty beyond reasonable doubt. Lastly, the likelihood of the person being found guilty must not be too strong.

In most cases, however, courts push through with plea bargains because they're overburdened by the amount of backlogs. Experts say only a tenth of criminal cases filed in the country proceed to trial. As long as the judicial system has lots of unresolved cases stuck in limbo, plea bargains may as well be a viable alternative to a lengthy and costly judicial process.