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Britton Law Blog

Talcum powder lawsuits raise questions of limitations

It's not simple to prove some was criminally liable for a murder, but it is often the goal of court proceedings. It can be even more complicated to demonstrate that someone caused a death without a criminal act. But that is exactly what civil courts can do after an untimely death through a wrongful death claim.

Companies and corporations can also be liable for events or products that led to serious injury or death. One of the largest torts of the 21st century so far involves personal hygiene products that may have caused serious medical problems. A manufacturer of talcum powder, marketed as a dryness aid, may have underreported the hazards connected with its stock.

What sorts of truck problems can contribute to crashes?

If you ever wonder how much more responsibility comes with a truck over a car or smaller vehicle, think of the size and the weight difference. A trucker has to control tons of metal and cargo, so the driver's abilities and equipment have to meet certain standards for the safety of everyone on the road.

  • What sort of problems can cause commercial vehicle accidents?

Trucks, tankers and trailers often contain specialized cargo that can be dangerous in the wrong circumstances. Even less hazardous cargo can shift easily if it is not properly secured. The North Carolina Department of Transportation (NCDOT) estimates that improperly stored cargo and other trucking violations often contribute to deadly truck crashes.

  • Who regulates trucks and trucking?

North Carolina sees recent rise in fatal truck accidents

This year has been unusual so far, with travel restrictions in many places and a drop in gas prices going along with a lack of demand. One would hope that this trend would make it safer and easier to travel by road. This may be the case for some circumstances or places, but threats still remain.

Highway traffic may have dropped as much as half in some areas in North Carolina. Raleigh, for example, sent police to serious car accidents half as much than the same period last year. But the rate of fatal crashes across the Tar Heel State has barely dropped at all.

Mediation can help with contract disputes

Business disputes could lead to crime or even war in earlier phases of human history. Now, things are far more civilized and results are more predictable. Entire courts and court systems address the needs of business owners and managers with disputes to resolve. Although contracts can do a lot to prevent future disagreements, they may not always be honored.

North Carolina civil law allows signatories to contracts the right to bring their disputes to court to claim damages or request an enforcement of the contract. Although a judge may be the final word, there are other ways to resolve problems without spending a lot of time and money in court.

How are contracts enforced in North Carolina?

There's an old saying that oral contracts are not worth the paper they are printed on. This is why anyone engaged in a commercial transaction in North Carolina will probably want terms in writing. But sometimes a contract is not worth the paper it is printed on either.

  • When would a contract be invalid?

A contract may not hold up in a North Carolina court if one of the parties was the victim of fraud or was otherwise advised incorrectly in an illegal way. There is also a difference between a contract and an agreement, as a contract has more to do with legal liability to fulfill an obligation or face damages.

  • Would any sort of invalid part of a contract invalidate the whole thing?

Do I have to wear a helmet in North Carolina?

Nothing is more precious than your life, and nothing is more important to keeping it than your head. Although it is way more fun in some cases to tear around the roads of the Tar Heel State with nothing on your head, that is also a good way to fall victim to careless drivers, poor road conditions and other unseen hazards.

Does North Carolina require motorcyclists to wear a helmet?

Driver charged for North Carolina motorcycle fatality

There are few thrills for a kid that compare with flying down the open road on a bike. In that way, many motorcyclists are like grown-up kids, enjoying the grown-up version of those incredible bicycle rides from their youth. Unfortunately, just like bicyclists, motorcyclists are especially vulnerable to injuries and death when they're involved in an accident with a passenger vehicle of some kind.

A North Carolina driver was recently arrested for an accident that began with her failing to yield the right of way after a motorcycle struck her car just outside Charlotte. The accident occurred on a recent morning when the driver attempted to turn left across South Boulevard and pulled her car into the path of the bike. The force of the strike threw the biker off his ride. He was later pronounced dead at a nearby hospital.

A wrongful death case can happen even if a death wasn't a crime

There are many ways in which actions that lead to someone's death are a crime under North Carolina law. But sometimes they are not, such as some cases of car accidents or industrial mishaps. This can mean that someone who caused another's death may walk free with little punishment.

But criminal law is there to protect society. Civil law can help victims of negligent actions claim damages for the results, even if prosecutors decline to attempt a case against the parties who caused a problem. This is the case for victims of medical malpractice as well as everyday accidents.

North Carolina holds dog owners responsible for dog attacks

Anyone who was around an aggressive dog as a child can relate that it is terrifying for something so powerful to be near someone so small. An attack by a dog can cause severe injury, permanent disability or even death in certain cases.

Responsibility for domestic animals is complicated in North Carolina because there is no statewide ordinance or law requiring people to leash their pets. The guidance from Raleigh is for cities and other jurisdictions to legislate the issue on their own.

What is speeding under North Carolina law?

Right now, with so many people avoiding social contact or working from home, the roads have been remarkably empty. That's encouraged a number of drivers to put their feet on their gas pedals and see just how fast they can travel. Police officers in various parts of the country are reporting increased incidents of speeding in excess of 100 miles per hour. Even though accident rates are down, it's more important than ever to be conscious of the dangers of excessive speeding and speeders.

What is excessive speeding in North Carolina law?

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