Tag: legal advice

What to Do If You’re in a Motorcycle Accident in North Carolina

Written by kwmlaw on April 11, 2019. Posted in Kelly & West News.

Warm weather is finally here; it’s the season to dust off your bike and ride through the town. You may hear people speaking about how dangerous and scary riding is and what could happen to you. As a rider, you know those risks. As one motorcycle riding teacher put it, “It’s not a question of if you’ll get into an accident, but when.” What you might not know is what comes next — what to do if you’re in a motorcycle accident. So let’s look at a few aspects of motorcycle accidents and what to expect.

Safety

First things first, you must have your motorcycle license to ride one in North Carolina. You should not and cannot drive without the proper tests. However, you can skip the DMV exam by taking this safety course.

Always be wary on the roads; do not get overconfident. Remember, cars are bigger than you. Practice, practice, practice! It’s beneficial to practice with passengers or a load on your motorcycle, but be knowledgeable on how to adjust accordingly. Before every ride, check the tire pressure, tread depth, brakes, headlights, signals, fluids, and for leaks. Inform the passenger on the proper way to ride. Most importantly, wear the appropriate safety gear.

How Accidents Occur

According to North Carolina’s DMV, 151 motorcyclists were killed and 3,162 motorcyclists were injured in accidents in 2016. These accidents typically result from speeding, distracted driving, alcohol, and lane departure. Many accidents happen when cars are making left hand turns; they do not see motorcyclists. Drivers are more frequently distracted due to phone use, so it’s crucial to stay cautious at all times.

Motorcycle accidents are different from car accidents in many ways, as we discussed in this blog post. One thing to note: in motorcycle crashes, the law of “negligence” applies. A driver is liable for injuring the biker if they are found to be negligent, or reckless, and if the rider is not negligent. A person in a car is often more likely to be liable for an accident for not seeing the biker, but in some cases, the biker may be found negligent. Careless driving, speeding, unnecessary passing, and swerving can all be the fault of the biker. If the biker is at fault for the accident, then it will normally prevent monetary recovery.

What to Do if You’re in a Motorcycle Accident

If you find yourself in a motorcycle accident and are injured, go to the hospital and get the necessary medical treatment and take photos of your injuries as soon as possible. It is best not to discuss how the accident occurred with the insurance adjuster. Contact us to see if you have a valid claim and to discuss what we can do to help you with your medical treatment and the handling of your injury claim.

If you find yourself in a motorcycle accident, contact Kelly & West for help.

What’s the Difference Between a Suspended and Revoked License?

Written by kwmlaw on February 26, 2019. Posted in Kelly & West News.

Drivers who get a few tickets or experience a car accident will soon learn about the North Carolina “points” system for a driver’s license. If you have multiple driving violations, you will begin to hear about either a license suspension or revocation. Both of these punishments occur due to reckless or irresponsible driving. But what’s the difference?

A suspended license means your driving privilege is temporarily withdrawn for a specific period. You may be able to get your license back after meeting certain terms.

A revoked license means your driving privilege is terminated. You can only get it back if you meet eligibility requirements and any conditions or terms set forth in a hearing with the N.C. Division of Motor Vehicles.

The primary difference between these situations is that a suspended license is temporary, and a revoked license is indefinite or even permanent. That’s why a revoked license is a more pressing punishment than a suspension.

Types of Suspensions

There are two types of suspensions: indefinite and definite. A definite suspension has a set end date, while an indefinite suspension includes a list of actions one must pursue to obtain driving privileges again.

Here is the breakdown of the two:

Suspended License

The act of suspension derives from incautious driving and each offense generates points onto one’s license. North Carolina applies points to a driver’s license with the following guideline:

First suspension: 60 days
Second suspension: six months
Third suspension: one year

If a driver’s points accrue to 12 points in three years, then a suspension may be followed. The following are examples of violations and the number of points added:

Passing a stopped school bus – five points
Not stopping for a siren – three points
Driving on the wrong side of the road – four points
Not stopping at a stop sign – three points
Driving through a red light – three points

What to Know about a Revoked License

If you keep up the behaviors that lead to a license suspension, you have a good chance at getting your license revoked. You might also get your license revoked if you are convicted of multiple DUI’s and numerous acts of drag racing or reckless driving.

If you are notified that your license will be revoked, talk to a traffic ticket lawyer about your options. Going to court and speaking to a judge may give you a chance to drive again — eventually. You may face charges, assigned courses, and specific demands. Please note: If a person with a revoked license drives, he or she can face jail time or hefty fines.

Are you facing a suspension or revocation of your license? Contact our team for advice and help.

Why Lawyers Aren’t as Bad as You Think

Written by kwmlaw on November 3, 2015. Posted in Kelly & West News.

How many lawyers does it take to screw in a light bulb?
None. They’d prefer to keep their clients in the dark.

We’ve all heard the lawyer jokes. Lawyers were even listed as one of the least trusted types of professionals in this Gallup Survey. But lawyers aren’t actually so bad.

The truth is we’re here for you. We’re here to protect you and help you. We truly care about our clients, and we promise not to keep you in the dark.

Until you’ve been through an entanglement with the law, you may not realize how scary it can be. Whether you’ve been hurt, mistreated, or just need help with law documents, having a good, caring lawyer makes all the difference!

We didn’t create this tricky law system, but we’re doing our best to help our clients through it. We’ve spent numerous hours studying individual cases and working directly with clients to resolve their problems. We’ve spent time working with lawmakers and judges and to fight for your rights. We are here to help you through times of crisis and make sure you’re not taken advantage of by other people, by the insurance companies, or by law enforcement officers.

So don’t be afraid to give a lawyer a call. We’re not as bad as everyone thinks. If you’re ever in a situation where you need legal advice, you may find yourself very glad to have our help!