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February 9, 2017

How Do Courts Determine Negligence?

Negligence is a legal term that you hear a lot in auto accident cases. North Carolina operates on the contributory negligence rule, which means if you were negligent and that negligence contributed to your injury, the court won’t award you any damages. By the way, only four states still use contributory negligence, unlike most states where courts compare all parties’ negligence and award based on percentage of fault. Invariably, the other side in an auto accident case tries to prove that your negligence contributed to your injuries. In a contributory negligence state, the most important argument lawyers present is whether […]
February 9, 2017

What Is Contract Fraud?

Most business owners enter contracts in good faith and realize sound transactions are the basis of building a successful business. However, sometimes you run into contract fraud in business dealings,  or even worse stand accused of it. For your own legal protection, it is useful to understand what actions constitute contract fraud. Contract fraud involves more than misrepresentation, but understanding the legal definition of misrepresentation is a good place to start. Misrepresentation is an untrue assertion of fact or engaging in conduct that is equivalent to an untrue assertion of fact. By fact, the legal system does not mean opinion […]
February 9, 2017

What Email Marketing Laws Should You Know about as a Small Business Owner?

Today many small businesses advertise through email marketing, which can be an economical way of promoting your business. However, whether you are a large or small business, your email advertising and commercial messages must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act, or CAN-SPAM Act. Congress passed the Act in 2003 and it applies to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, including email that promotes content on commercial websites.” Promoting to previous customers about new product lines and business to business […]
February 9, 2017

What Age Group Has the Highest Motor Vehicle Fatality Rate and Why?

With the high incidence of car crashes in the United States, people of all ages are at risk when riding in or driving a motor vehicle. However, one particular age group ranks above the rest and motor vehicle accidents claim more deaths for this group than any other cause. The National Highway Traffic Safety Administration (NHTSA) reports motor vehicle crashes are the top cause of death for individuals between four and 34 years old. In fact, teenagers have the highest injury and fatality rates in motor vehicle accidents of any other age group. NHTSA defines teenagers as youth between the […]
February 9, 2017

How Can Regulatory Violations Affect the Outcome of Your Auto Accident Case?

When you’re a driver or passenger in a car that collides with a large truck, your accident case takes on a whole different aspect than most auto accidents. Here’s why ─ the federal government holds the trucking industry to high regulatory standards for vehicle maintenance, truck driving and company operations. The reason for such tight regulations is to safeguard our roads and prevent accidents. Semis and 18-wheelers pose a significant threat to other motor vehicles when they are not properly maintained and driven safely. The agency that oversees regulation of the trucking industry is the Federal Motor Carrier Safety Administration […]
February 9, 2017

Can You Multitask While Driving?

Today many people do multiple tasks at the same time, such as surfing the internet, watching television and talking to friend on a cell phone. We call this multitasking. People even consider multitasking a valuable skill, given our fast-paced life styles. However, not surprisingly, a study done by the American Psychological Association (APA) discovered that people don’t actually do two tasks at the same time. They switch back and forth between tasks. Switching back and forth between tasks requires extra time to readjust to the switched task. This added drain on attention actually can interfere with production and safety when […]
February 9, 2017

What Does Probate Administration Involve?

The complexity involved with probate administration largely depends on the size of your estate. In fact, even with a will, if you have a small estate, you may be able to avoid the formal probate process and administer the estate through an affidavit. In North Carolina, you can submit an affidavit to the superior court clerk in the county where your loved one lived. The affidavit is an option when the value of the decedent’s personal property is less than $20,000 or when it is less than $30,000 and the spouse inherits everything under state law. Personal property does not […]
February 9, 2017

Should You Be Concerned about Probate and Probate Litigation?

One purpose of estate planning is for asset protection, but another purpose is to avoid probate and potential probate litigation. However, even the best estate plans don’t always keep people out of probate court. By working with an experienced estate planning attorney, you can take actions to avert probate and a contested will as much as possible. According to an American Bar Association (ABA) article, called “Plotting Against Probate“, the following flaws make probate something to avoid: High legal fees that consume a large portion of an estate’s assets Prolonged time in litigation that ties up the estate Failure to […]