Daisley Law Offices, P.C.

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Charlotte, North Carolina. Personal Injury & Disability Law Blog

Drunk or drugged: both are dangerous drivers

The number of people who use controlled substances such as heroin or opioids/opiates is increasing in many suburban areas, including neighborhoods around Charlotte. These drugs are not only addictive, but they are also dangerous and sometimes deadly. They significantly impair a person's ability to function, especially in situations where rapid and accurate responses are needed.

Drunk driving is a serious problem that gets significant attention, but what about the drivers who are under the influence of other intoxicating drugs? Even if prescribed by a doctor, these drugs could cause impairment that leads to a serious car accident. 

How today's cellphones can be put to good use after an accident

Most of the time, when considering cellphones and driving a motor vehicle, your best choice is to turn it off on the road. Even phone calls through hands-free headsets can increase your distraction level and risk of a collision. The National Highway Traffic Safety Administration estimates that roughly 660,000 people use their cellphones while driving on any given day. That's a lot of dangerous, distracted drivers to be watching for on the road. Still, if you commit to never using it while driving, after a serious accident caused by another driver, your cellphone could become your best friend.

In the aftermath of an accident, a lot of things can suddenly go wrong. It may be clear from the initial crash that the other driver was definitely at fault. Depending on the location of the collision, however, you may need to move your vehicles out of the flow of traffic before law enforcement arrives. The other driver may realize that he or she is facing a major insurance claim and refuse to talk openly about what happened before the crash when police arrive on the scene.

Many Social Security disability applications get denied at first

Applying for Social Security Disability (SSD) is a complex process that can take months, if not longer. You need medical records and properly filled out paperwork. You also need thick skin, as a significant number of people who apply for SSD benefits find their initial application denied rather quickly. This can be a frustrating and disheartening turn of events.

However, you shouldn't let that deter you. Every year, a large number of applicants who technically qualify for disability benefits are initially turned down. This practice may deter some people from pursuing disability benefits, which saves money.

In reality, the social expenses involved in disability cases may well exceed the financial cost of Social Security Disability benefits. Many disability advocates hope for a more streamlined and accessible process for disability benefits. Until that happens, working with an experienced North Carolina Social Security Disability attorney is your best option for connecting with the benefits you need. Your attorney can help ensure that all paperwork is correct and filed in a timely manner. Your lawyer can also help you move through the appeals process that could ultimately result in the benefits you are seeking.

New rules may mean more denials, longer waits

A previous post on this blog discussed the Social Security Administration's new rule which removes the requirement that the Administration give special deference to the opinion of a person's treating physician when making a disability determination. Now, some are suggesting that the new rule is going to lead to more denials of benefits and longer waits for administrative hearings in an already backlogged system.

Currently, less than half of all applicants, about 45 percent, get their request for disability benefits during the initial review stage. What this means is that most people who apply for benefits will have to ask for an administrative law judge to review the case, and this usually requires a hearing. Unfortunately, since the Great Recession hit, the administrative law judges have been swamped with a backlog of cases. It can take months or even years to get on the hearing calendar.

Inconspicuous ways to spot a drunk driver

Do you understand the importance of being 100 percent sober every time you get behind the wheel? While this may be important to you, there are other drivers who never think twice about consuming alcohol and taking to the road

There is no surefire way to avoid an accident with a drunk driver, but there are steps you can take to pinpoint these people. By knowing if somebody is under the influence, you'll find it easier to keep your distance in an attempt to avoid trouble.

Even in a contributory negligence state, we fight to win

As a previous post on this blog explained, North Carolina is what is called a "contributory negligence" state. The bottom line is that, because there is no compensation available when an accident is even partially the fault of an injured person, it can be harder to for injured Charlotte, North Carolina victims to get a financial recovery.

This is even true in cases of serious bus accidents or other commercial vehicle accidents, which, because of size and weight differences, often leave a smaller car and that car's occupants worse for the wear.

Don’t make these insurance mistakes after a car accident

Nobody wants to be part of a car accident, but this could happen when you least expect it.

You will have a lot on your plate after an accident, such as focusing on your injuries and overall level of health. Along with this, there will come a time when you need to turn your attention to insurance related matters.

What being a contributory negligence state means

While the vast majority of the states follow what is called a "comparative fault" standard, North Carolina still adheres to the traditional doctrine of contributory negligence in personal injury and wrongful death cases.

The doctrine of contributory negligence is, basically, that even if someone is negligent and causes an injury that person will not have to pay compensation if the person hurt was also responsible for the accident, even to a relatively minor degree. This does not mean someone has to do everything possible to avoid an accident; however, a injured person's own carelessness cannot be a contributing factor to the accident.

Car accident involving several vehicles leaves 1 dead, 2 arrested

Police announced the arrest of another driver of a vehicle involved in a four-car collision on the southeast side of Charlotte, North Carolina, that left one person dead.

According police, the driver was traveling well in excess of the 45 miles per hour speed limit at the time of the accident, estimating that he was moving at 66 miles per hour. Police said that the speed of his vehicle contributed to the accident since it forced another vehicle to be pushed in to oncoming traffic.

How can an attorney help my disability appeal go faster?

Many people in Charlotte, North Carolina, that are not able to work because of an illness or injury probably have been warned, in some many words, that the process of applying for Social Security disability benefits can take a very long time. Many North Carolina residents get denied social security when they first file their applications, and it can take months or even years to get a case in front of an administrative law judge for further review.

Although there is no guaranteed way to make the process go faster, much less any inside route a disability attorney has to influence the system to work more quickly. To some extent, until the Administration can hire more staff, the process takes the time it takes, like it or not.

  • North Carolina Advocates for Justice Protecting People’s rights
  • NOSSCR National Organization of Social Security Claimants’ Representatives
  • American Association for Justice formerly the Association of Trial Lawyers of America ATLA
  • ABA American Bar Association
  • NOVA
  • North Carolina State Bar
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