Bicycling and North Carolina Law

North Carolina Bicycling Safety and Law

As the weather changes prime cycling season is upon us. North Carolina, like most states, considers a bicycle a vehicle, and cyclists as drivers of vehicles. The traffic laws and regulations that apply to cycling in North Carolina are important to bear in mind to ensure a safe and legal trip.

Bicycles on the Road

Bicycles are permitted on all public roads except interstates. To ensure the safety of cyclists and motorists alike, only motor vehicles, those which are self-propelled, are permitted on interstates. A cyclist is to obey all traffic signals and signage, including stop and yield signs. Failure to observe these signs may result in a citation, just as one can receive in a motor vehicle.

When cycling on public roads, the driver should drive on the right side of the road unless overtaking and passing a vehicle, when obstructed, or on a highway with multiple traffic lanes. Cyclists are permitted to occupy a full lane of traffic. When making a right hand turn, bicycle drivers should do so as close to the curb of the right side of the road as is practical. When turning left, a cyclist should be as far to the left in the furthest left lane of traffic on the right side of traffic as possible.

Bicycle Speed

Cyclists are restricted from traveling “…at a speed greater than is reasonable and prudent under the conditions then existing. …” (§ 20-129) irrespective to the speed limit posted. In lay terms, cyclists must travel at a safe speed that enables maneuverability and safe stopping, even if this is slower than the posted speed limit. Failure to do so may result in a citation for reckless driving.

Bicycles and Impaired Driving

Cyclists must follow the same rules as the operator of a motor vehicle when it comes to alcohol consumption and other substances that may impair. Cyclists may be charged with DUI, DWI, and other offenses. The legal limit for blood alcohol content, or BAC, is 0.08 for a cyclist, the same as for the driver of a motor vehicle.

Safety and Night Equipment

Bicycles are required to be equipped with a lamp mounted to the front that provides visibility of at least 300 feet at night under normal weather conditions. The rear of the bicycle is to be equipped with a lamp or mirror on the rear that displays red light visible under normal weather conditions of at least 200 feet at night. Children under the age of 16 are required by law to wear a helmet. Tandem riding is prohibited on bicycles unless the additional person riding is under 40 pounds in weight and properly secured and seated in a restraining seat.

Enjoy Safe Cycling

By following the rules outlined above, you can expect to enjoy a safe and enjoyable bicycle trip. Accidents do occur from time to time, and if you are injured in a bicycle accident, contact the personal injury lawyers at Ledbetter & Titsworth. With more than 20 years experience, the personal injury attorneys at Ledbetter & Titsworth have the knowledge and experience you want representing you. If you are injured, contact us online or call now at 919-460-9798.

Ledbetter & Titsworth proudly serves clients in Triangle area, including GarnerRaleighCary, Durham, Apex, Chapel Hill, Morrisville, Holly Springs, and beyond

Personal Injury and Pokemon Go

About Pokemon Go

Pokemon Go was released this summer and was an immediate hit. Created by Niantic, the augmented reality game allows players to “catch ‘em all” on their cellular or tablet. When players open the application (app) on their device and begin traveling, Pokemon appear on the map of their device, which players then search for and capture. While there is a warning at the opening of the Pokemon Go app cautioning players to remain alert to the conditions around them as they play, injuries have still been reported where players did not heed this warning and have been injured or caused injury to others.

Common Injuries Related to Pokemon Go

Slip and Fall injuries are the most common among the injuries sustained while playing Pokemon Go. Players who have been more focused on cellular or tablet screens than their immediate surroundings have fallen in roads, into ditches, and other slip and fall type scenarios. Others have been injured falling from bicycles or skateboards. Bruises, scrapes, and cuts are the most common injuries of the game thus far. A few isolated reports have been made of auto accidents involving players driving while playing Pokemon Go. Although Pokemon Go will not operate at speeds in excess of 20 MPH, a motorcycle, truck, or car accident at this speed is still sufficient to cause severe and even life-threatening injury.

Safety and Pokemon Go

Pokemon Go has some wonderful features, providing players with a great outlet for exercise and social interaction with other players and those in the community. To best enjoy the game, however, a few simple safety rules should be obeyed:

  1. Never Drive and Play Pokemon Go. Playing while driving is extremely dangerous, not to mention illegal.
  2. Never Ride a Bicycle or Skateboard While Actively Playing. Just like driving, riding a bike or skateboard requires full attention to your surroundings.
  3. Stop When Collecting Pokemon Go creatures. Make certain that your footing is sure and on firm, level ground when trying to “catch ‘em all”

By following these simple rules, you should be able to have a safe, fun time playing Pokemon Go.

Lawsuits and Pokemon Go

While it would be difficult to seek compensation for an individual who was injured as a result of his or her own negligence while playing, an individual who has been injured by someone else playing the game would have an excellent case on the basis of carelessness or negligence. For instance, if someone playing Pokemon Go was driving and hit a pedestrian or another car, the injured party could sue the driver operating the vehicle and possibly the creators of Pokemon Go, Niantic. If you are injured by the negligence of a Pokemon Go player, seek legal advice from a qualified law firm like Ledbetter & Titsworth.

Pokemon Go Injuries | Contact Ledbetter & Titsworth

If you sustain injuries while playing or as a result of someone playing Pokemon Go, seek proper medical attention and contact Ledbetter & Titsworth. As personal injury attorneys, Ledbetter & Titsworth have experience helping clients receive compensation for pain and suffering, medical bills, lost wages, and other damages for injuries. Ledbetter & Titsworth will discuss your case with you  during a free initial consultation, and never charge anything unless we win your case. Call now 919-460-9798 or contact us online.

Ledbetter & Titsworth proudly serves clients in Triangle area, including  Raleigh, Cary, Durham, Apex, Chapel Hill, Morrisville, Holly Springs, and beyond. 

Car Accident & Crash Police Reports in North Carolina

Understanding Your Auto Accident or Crash Police Report in NC

DMV Police Crash Report Example, Raleigh Accident Lawyers.

When you or a loved one is involved in an auto accident resulting in death or injury, obtaining and understanding the accident report is extremely important. North Carolina auto accidents with property damage in excess of $1000, involving fatality or injury, or police seizure of a vehicle or vehicles require a North Carolina crash report be filled out by the responding officer. This report will include generalized information about the crash such as driver and owner information and road conditions, but may also include specialized information about contributing causes to the accident. If alcohol or drugs, reckless operation of a vehicle, texting while driving or other forms of distracted driving were involved in the accident, the crash report will list these and any other circumstances that may have contributed and were discovered in the investigation. Facts like these will be critical in determining who was at fault for the accident and proving your auto accident case.

The North Carolina crash report is compiled by the officer who responded to the crash, but may include added information from officers specializing in traffic investigations. North Carolina uses form DMV-349 for crash reports. The information listed on this form will be coded which makes reading and understanding a crash report form difficult for the average person. North Carolina Department of Motor Vehicles provides an instruction manual to assist in reading and understanding crash reports, but even with this assistance, it is still all but impossible for the layperson to comprehend. The experienced auto accident lawyers at Ledbetter & Titsworth are here to help. We understand North Carolina crash reports and how to use these in your auto accident case, we’ll be happy to help you understand what is on the crash report and what it all means.

North Carolina Crash Report DMV-349 and Your Auto Accident Case

Liability claims for property damage and personal injury in North Carolina must show fault of the responsible party. Interpretation of the North Carolina crash report DMV-39 is paramount to proving your auto accident case. It is important to note that the conclusions of the officer or officers in the accident report are not always final and may be amended to include eyewitness, video, photographic, or other evidence. The auto accident lawyers at Ledbetter & Titsworth have the experience you need to understand and interpret your North Carolina accident report or to seek amendment of the report if necessary.

Auto accidents, car accidents, motorcycle accidents, and truck accidents in North Carolina have complex systems of reporting and rules for proving liability. If you or a loved one has been injured in an auto accident, contact an experienced and knowledgeable auto accident lawyer at Ledbetter & Titsworth. We will provide you a free initial consultation and never charge you anything unless you win your case. Contact us online or call today at 919-460-9798 and let us get to work on your North Carolina auto accident today.

We are proud to serve clients across the NC Triangle, including those in Cary, Apex, Morrisville, Holly Springs, Raleigh, Durham, Chapel Hill, and beyond. We look forward to serving you!

Head Paralegal, Kimberley Miller, Elected to Serve as Co-Chair For Legal Education Committee

Head Paralegal Elected As Co-Chair On Continuing Legal Education Committee

The law firm  of Ledbetter & Titsworth, P.A., in Cary, NC is proud to announce that our head paralegal Kimberley Miller has been elected to serve as Co-Chair on the Continuing Legal Education Committee for the Legal Assistant Division of the North Carolina Advocates for Justice  for the fiscal year 2016-2017.  Kimberley Miller will serve on the leadership team and be responsible for creating, organizing and presenting educational seminars on behalf of the Legal Assistant Division.

The North Carolina Advocates for Justice or NCAJ is a leading provider of continuing legal education programs in North Carolina.  The NCAJ has been a leading advocate for individual rights in North Carolina for more than 50 years and has more than 3500 members. Comprised of attorneys, paralegals, legal assistants, law school students and faculty, and law office managers, the North Carolina Advocates for Justice represents consumers, individuals  injured by another’s wrongdoing, the disabled, workers’ rights advocates, persons struggling with debt, as well as family and criminal law. The NCAJ is geared toward specific services, activities, and listservs including Commercial Litigation, Consumer Law, Disability, Products Liability, and Workers’ Compensation.

When someone becomes injured through no fault of their own, the responsibilities of life don’t cease: bills need to be paid and necessities purchased. This can be difficult if an injury prevents the individual from working. In a situation like this, an experienced law firm with capable attorneys and staff can help you to better understand your situation and the options available.

The legal team at Ledbetter & Titsworth has extensive knowledge and experience in handling personal injury cases from auto accidents, product defects, premises liability, slip and falls, and workers’ compensation among others. Our professional staff, represented by individuals like head paralegal Kimberley Miller, is here to patiently and diligently work with our clients when they need it most. The team at Ledbetter & Titsworth will make sure you understand all the options you have available and how to best proceed given your particular circumstances. Contact us today if you have any questions surrounding a personal injury or auto accident case.

AIOPIA Recognizes Attorney Daniel Titsworth

 

Daniel Titsworth Receives AIOPIA Performance Recognition as One of The 10 Best

The American Institute of Personal Injury Attorneys has recognized the exceptional performance of North Carolina’s Personal Injury Daniel Titsworth as Two Years 10 Best Personal Injury Attorneys for Client Satisfaction.

The American Institute of Personal Injury Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Personal Injury attorneys in each state. Attorneys who are selected to the “10 Best” list must pass AIOPIA’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOPIA’s independent evaluation. AIOPIA’s annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOPIA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal Injury law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction. We congratulate Daniel Titsworth on this achievement and we are honored to have him as a Two Years AIOPIA Member

personal injury lawyer and car accident lawyer Cary NC

Daniel Titsworth Receives Martindale-Hubbell AV Preeminent Attorney Award

 

Attorney Daniel Titsworth Receives AV Preeminent Award

Daniel Titsworth, with the law firm  of Ledbetter & Titsworth, P.A., in Cary, NC, has won the prestigious AV Preeminent Attorney Award. What exactly does that mean? It means he was peer reviewed through Martindale-Hubbell and his ratings reflect a combination of high ethical standards and legal ability.
The high ratings are based on a number of different criteria including the following:

  • Legal Knowledge
  • Analytical Capabilities
  • Judgement
  • Communication Ability
  • Legal Experience

Daniel Titsworth has received this award in two separate fields: Auto accidents and workers compensation. Knowing your law firm won an award might be great, but what exactly does this award mean to you, a prospective client? In this case it means that other lawyers have reviewed the work of Daniel Titsworth and said that he is knowledgeable and capable in cases involving worker’s compensation and auto accidents.

Getting injured at work or being involved in a car accident are generally stressful events. From time to time insurance companies and outside influences may make you wonder what the right thing to do in that stressful situation is. Talking to an attorney before making a quick decision is a smart move so you can know your options.  However, sometimes legal jargon can be pretty hard to understand.

When you talk to a lawyer like Daniel Titsworth, who has won the Martindale-Hubbell Preeminent AV Award, you can rest assured that he is going to tell what your options are and explain them to you. Give his high ethical standards, clients can count on sound advice that is in their best interest. If you live in North Carolina and hire  Ledbetter & Titsworth, you will know that you will be presented with options and offered advice that will make sure that your auto accident or workers compensation case will be handled timely, fairly and in a manner that ensures you get compensated for your injuries and loss.

Do not just take our word for it. Please take a minute and watch the video below and if you have been injured in an auto accident or at work, contact us and see exactly why we are different.

Food Poisoning? Know Your Rights.

 

What Should You Do If You Fall Victim To Food Poisoning?

Some of you may have read the recent news articles about the Starbucks breakfast sandwich recalls due to possible Listeria Contamination. Sandwiches from over 250 stores were recalled out of an “abundance of caution,” but that doesn’t mean that other corporations take as much care with their handling of matters like these.

While the majority of these recalls were done outside of North Carolina, it doesn’t mean that you shouldn’t be informed about your rights if you get food poisoning.

In North Carolina, if you suspect that you’ve contracted an illness from food that you bought from a third party, there are three things that you’ll need to prove. Fault, Causation, and the Damages. These may seem pretty straight-forward, but there’s quite a bit more to it than that.

Had you contracted Listeria from eating a breakfast sandwich from a giant corporation or even a smaller company, you shouldn’t have to foot those medical bills, who’s going to compensate you for the time you missed at work? When people buy food at a restaurant or other vendor, they have the expectation that they aren’t going to get sick. That’s a reasonable expectation to have!

We’ve put together a more comprehensive explanation of your rights if you expect that you’ve contracted food poisoning, read it here.

If you are pretty sure that you or a loved one has contracted food poisoning please give us a call at 919-460-9798 or contact us One of our staff members will be more than happy to discuss your case with you.

Kaja Whitehouse, USA Today  03/08/2016

Dog Bite Injuries

We receive many calls from people who have had horrific injuries as a result of a dog bite.   Typically it is the homeowners’ insurance company that you will be making your claim with.    Due to the rise in in dog bite claims, certain insurance carriers maintain lists of restricted breeds of dogs that they will not provide insurance coverage for due to perceived aggressive tendencies.

In most cases of a dog bite lawsuit, the dog owner would be liable for anyone his or her dog has bitten. In some cases, however, the victim has to prove the dog was vicious or that the dog owner or another party caused the incident through negligence or by violating an animal control law.   Our attorneys have the experience you need to assist you in these types of claims.     Call us at 919-460-9798 or click for a free consultation.

Ledbetter & Titsworth proudly represents individuals and families who have suffered a dog bite in the NC Triangle including those in Cary, Apex, Morrisville, Holly Springs, Raleigh, Durham and Chapel Hill, NC, and surrounding areas.

DANIEL TITSWORTH RECEIVES HIGH NATIONAL HONOR

CONGRATULATIONS TO DANIEL TITSWORTH

THE NATIONAL ASSOCIATION OF DISTINGUISHED COUNSEL

Daniel B. Titsworth, of Ledbetter & Titsworth, PA, has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

To contact Daniel Titsworth please call 919-460-9798, visit on the web at www.mynclawyer.com, or email directly at dan@mynclawyer.com.

To meet with the lawyers at Ledbetter & Titsworth, contact us today for a free consultation. We are proud to serve clients across the NC Triangle, including those in Cary, Apex, Morrisville, Holly Springs, Raleigh, Durham, Chapel Hill, and beyond. We look forward to seeing you!

WRONGFUL DEATH TRAGEDY

A wrongful death lawsuit has been filed by a family member of a woman and her son who were killed in a head-on collision with a FedEx truck. The accident took place on Interstate 80 in Wyoming when a tire on the FedEx tractor-trailer blew out, sending the vehicle into oncoming traffic. The lawsuit was filed Friday in the U.S. District Court of Wyoming and alleges that a tire on the FedEx truck “was in a defective, dangerous condition” before the accident. The lawsuit names Bridgestone Americas Tire Operations and its subsidiaries, FedEx Ground Package Systems and a company called CLR Transportation as defendants.

Ledbetter & Titsworth’s  attorneys understand a human life can never be replaced, but we want to do everything in our power to help you get the compensation you deserve. We will work with you quickly and on a personal level to ensure that we help you get through this difficult time.   Call us at 919-460-9798 or visit us at www.mynclawyer.com.

Ledbetter & Titsworth is proud to serve truck accident clients across in the NC Triangle including those in Cary, Apex, Morrisville, Holly Springs, Raleigh, Durham and Chapel Hill, NC, and beyond