Blog | Britton Law, P.A.

How statutes of limitation impact lawsuits

On behalf of Britton Law, P.A. posted in Wrongful Death on Monday, November 19, 2018.

In North Carolina and other states, a statute of limitations may apply in a wrongful death case. Once the statute of limitations expires, an individual is generally unable to pursue legal action in the matter. The time in which a person has to file a suit in a wrongful death case begins when the cause of death is known or should have reasonably been known. In some cases, this may begin before an individual passes away.

It is possible that the statute of limitations could be waived by the court or an opposing party in the case. It may also be tolled in certain scenarios. For example, if a wrongful death occurred when a person was a minor, the statue of limitations doesn't begin until that person turns 18. There are other special circumstances that could determine if an individual has the ability to bring forth a wrongful death case.

When the family business is for sale

On behalf of Britton Law, P.A. posted in Buying & Selling Businesses on Friday, November 16, 2018.

Small business owners in North Carolina are often deeply attached to their businesses, especially if they have been passed down through the family or built from the ground up by the founder. However, as time goes on, many owners may think about selling their businesses. The decision can be difficult emotionally and practically, despite the potential financial benefits. In particular, family companies with close ties to their communities have specific concerns when it comes to selling.

Family business owners may want to ensure that their communities will be treated appropriately, including their employees. They often value their reputation in the community and do not want to tarnish that legacy. The family's name may remain on the product or business, so even when family members no longer have control, they could face backlash after negative actions. Instead, families want to be proud when they see signs of their former business in the public eye.

Helping families handle business transactions

On behalf of Britton Law, P.A. posted in Buying & Selling Businesses on Thursday, November 15, 2018.

North Carolina business owners who are looking to sell their companies should assemble a team to help them complete such a transaction. However, they may also need to prepare their families for how the sale could impact their lives. Roughly 70 percent of those who inherit wealth lose it by the end of the second generation. This is generally attributed to a lack of trust and communication between business owners and family members.

Therefore, it may be beneficial to have a family meeting once or twice a year to go over the family finances. As part of these discussions, advisers can help business owners and their families become more fiscally literate. For instance, they can talk about how to read investment statements or how to determine how risky a particular investment may be. These meetings may also spend time focusing on estate planning topics such as trusts and health care directives.

New technology monitors truck drivers for signs of fatigue

On behalf of Britton Law, P.A. posted in commercial truck accidents on Tuesday, November 13, 2018.

Two companies have teamed together to minimize accident risks for commercial truckers in North Carolina and other parts of the country. The collaboration is meant to reduce issues with driver fatigue that could contribute to serious or fatal accidents. Part of the data collected for the system developed by the companies looks at hours of service (HOS) information to produce driver safety ratings based on a red, green and yellow scale -- with red indicating potential safety issues.

There are many factors that can contribute to the type of fatigue that increases the risk of commercial truck accidents. This is why the risk management system looks for signs suggesting a driver may be fatigued while also checking for behaviors that deviate from normal patterns. The reason for dual data collection is to account for variations with how drivers handle fatigue. For instance, two drivers could work similar hours and take naps for a few hours between shifts. While one of them may be just fine behind the wheel the other driver could be too tired to drive safely.

Truck driver facing reckless driving charges over bus crash

On behalf of Britton Law, P.A. posted in commercial truck accidents on Thursday, November 8, 2018.

A North Carolina truck driver has been charged for his role in a serious motor vehicle accident that took place on Oct. 26. The crash occurred in Craven County at around 7:57 a.m.

According to media reports, the defendant, age 45, was driving a log truck east on Old U.S. 70 in Dover when he encountered a two-axle truck that was stopped for a school bus near Kornegay Street. He failed to stop in time and proceeded to rear-end the truck, which was pulling a trailer. As a result of the collision, the truck and trailer separated. The trailer then slammed into the back of the school bus. Following impact, the log truck careened off the roadway and crashed into a ditch.

How to prepare to sell a business

On behalf of Britton Law, P.A. posted in Buying & Selling Businesses on Monday, November 5, 2018.

North Carolina business owners and others who are thinking about selling their companies should work to improve organizational efficiency. A company that runs at peak performance tends to attract more interest from potential buyers. To improve efficiency, a company can create training programs for employees or upgrade the technology it uses on a regular basis. Even small technological upgrades could allow for a significant return on investment.

For instance, keeping data on a server held at another location can result in reduced storage and maintenance costs. Using cloud technology can be ideal because costs are fixed over long periods of time. Cloud technology will also make it possible for employees to access data from wherever they happen to be. This provides greater operational flexibility, which can work to reduce costs and improve efficiency. A business can also create greater flexibility through outsourcing.

Resolving contract disputes in North Carolina

On behalf of Britton Law, P.A. posted in corporate contract law on Saturday, November 3, 2018.

The realities of the business world make contract disputes inevitable in North Carolina and around the country. When parties renege on their contractual commitments or do not interpret an agreement's provisions in the same way, an experienced attorney taking a proactive approach can mean the difference between a swift and amicable resolution and a long and costly legal action.

Attorneys with experience in this area may seek to prevent contract disputes from arising in the first place by drafting agreements carefully and taking steps to ensure that all of the parties involved are fully aware of their rights and responsibilities. Legal counsel could also suggest an arbitration or mediation clause to provide parties with a way of resolving their differences that does not involve protracted court battles.

Drowsy, distracted truck drivers pose a threat

On behalf of Britton Law, P.A. posted in commercial truck accidents on Friday, November 2, 2018.

When people in North Carolina get behind the wheel while exhausted or pick up their phone while driving, they can pose a serious danger to others on the road. The consequences are often magnified when a large commercial truck is involved. Motor vehicle accidents that involve semi-trucks are far more likely to cause injury or even fatalities for people in other vehicles due to the size and weight of the truck. Therefore, reducing dangerous and negligent truck driving is a key priority for improving roadway safety.

Nevertheless, truck driver fatigue plays a major role in up to 100,000 reported trucking accidents every year. The National Safety Council estimates that 13 percent of all fatal truck accidents and 28 percent of all crashes involving only a single commercial vehicle are linked to drowsy driving and fatigue. There are a number of reasons why truck drivers may be exhausted. Some may be driving outside of safety regulations and over their limited hours of service. In other cases, their shifts are legal but frequently changed, leading to disorientation and fatigue. Truck drivers operate their vehicles on lengthy stretches of monotonous highways, a process that can be tiring, especially at night.

Dos and don'ts to keep in mind with motorcycle tires

On behalf of Britton Law, P.A. posted in Motorcycle Accidents on Friday, October 26, 2018.

While some motorcycle enthusiasts in North Carolina primarily focus on engine power and control, comfort and convenience features, it's equally essential for regular motorcyclists to be mindful of their bike's tires. In fact, there are some common dos and don'ts often recommended for motorcycle riders looking to reduce injury and accident risks that specifically apply to tires.

First of all, motorcyclists are encouraged to invest in a good electronic tire pressure gauge to check front and rear tire pressure. A visual tire inspection should also be performed to look for sidewall bulges, unusual wear and other signs of damage. Keeping tire pressure a few psi above what's recommended by the manufacturer can offset weather-related changes that often affect tire pressure as temperatures fluctuate.

Staying organized helps sell a business

On behalf of Britton Law, P.A. posted in Buying & Selling Businesses on Thursday, October 25, 2018.

A North Carolina business owner may be looking to sell their company to obtain financial independence or meet other goals. To make it easier to sell a business in a timely manner, it's important to have a great operations manual. When buyers know that an organization is well run regardless of who owns it, there will usually be more desire to acquire it.

The use of software to implement these systems can help a business owner spend less time running the company. Another benefit to using a systematic approach is that it can work for any number of organizations. In fact, it can be useful for those who run multiple companies at the same time. By having a strategy and executing it on a daily basis, an organization is perceived as less of a mom-and-pop company and more like one that can thrive in the long run.