Author: productionnye

North Carolina has several laws governing the use of motorcycles on our state’s roadways.

You should review them before you hit the road to make sure you are not engaging in any illegal conduct.

Following these laws can also help prevent motorcycle accidents that could result in death or severe injury.

If you suffer an injury in a motorcycle crash, contact the Charlotte motorcycle accident lawyers at our firm.

MOTORCYCLE LICENSE REQUIREMENTS

All North Carolina motorcyclists are required to have a motorcycle endorsement on their regular, commercial or full provisional license before riding in the state. Motorcyclists must pass four tests to earn this endorsement:

• Motorcycle knowledge test – This is a knowledge test that covers safe driving practices and traffic laws.
• Traffic sign test – This is a test where you identify traffic signs by color and shape and explain the meaning of each sign.
• Vision test – You have to have your vision checked to ensure it meets certain standards. If you have to wear corrective lenses to bring your vision up to required standards, you must wear them every time you ride your motorcycle.
• Motorcycle on-cycle skills test – Once you pass the other tests, you have to demonstrate your motorcycle-riding abilities. You will have to perform basic maneuvers to show that you can operate a motorcycle safely in traffic.

MOTORCYCLE LEARNER PERMIT

Motorcyclists may obtain their learner permit for 12 months prior to taking the required tests to obtain an endorsement on their license. You will have to successfully complete the vision test, traffic signs test and motorcycle knowledge written test to acquire your permit.

Permits may be renewed for a period of six months.

NORTH CAROLINA’S MOTORCYCLE HELMET LAW

It is illegal for anyone to ride a motorcycle on a North Carolina highway or public vehicular area without wearing a helmet that complies with testing and labeling requirements in Federal Motor Vehicle Safety Standard (FMVSS) 218, according to North Carolina General Statute 20-140.4.

Under FMVSS 218, helmets should have the U.S. Department of Transportation symbol permanently displayed on the back. Helmets should also have the model, size, year of manufacture, and type of shell materials sewn or glued into the interior of the helmet.

North Carolina law also requires that the chin strap of your helmet be securely fastened.

According to the U.S. Centers for Disease Control and Prevention (CDC), helmets saved approximately 1,630 lives in 2013. The CDC also found that helmets reduce the risk of head injury by 69 percent and reduce the risk of death in a motorcycle crash by 37 percent.

MOTORCYCLE LANE SPLITTING AND SHARING

North Carolina law states motorcycles are entitled to the full use of a traffic lane. No other vehicle shall obstruct the motorcycle’s full use of the lane, other than another motorcyclist riding two abreast in a single lane.

The statute also says that:

• No more than two motorcycles may ride side-by-side in a single lane.
• Motorcycles are permitted to use state-designated high-occupancy vehicle lanes during stated hours, such as during rush hour.

STREET-LEGAL MOTORCYCLES

Any motorcycle driving in or through North Carolina must be street legal by the state’s standards. This means that motorcycles must be equipped with:

• One, but not more than two, headlamps
• Rear lights plainly visible from 500 feet to the rear
• One working brake operated by hand or foot
• Turning signals
• Functioning horn
• Rearview mirror providing clear, undistorted view at least 200 feet behind you
• Exhaust system in good working order in compliance with emissions control standards

If you have been injured in a motorcycle accident, call The Nye Law Group’s personal injury lawyers in Charlotte for assistance. We may be able to pursue compensation for the damages you have suffered.

Call 855-856-4212 or complete our Free Case Evaluation form today.

If you have been arrested for driving under the influence (DUI), you may be worried that your offense is a felony.

In general, most DUI convictions in Georgia are misdemeanors, putting them on par with moving violations, such as running a red light or causing a minor car crash.

However, there are certain situations where your criminal conviction will be upgraded to a felony. These situations are discussed below.

If you have been charged with a DUI, contact our Savannah criminal defense attorneys for a free consultation.

THIS IS YOUR FOURTH DUI CONVICTION

If this is your fourth DUI conviction since July 1, 2008, it is a felony, according to Official Code of Georgia (O.C.G.A.) § 40-6-391.

The penalties for a felony DUI conviction are much harsher than a misdemeanor conviction, including:

• Fine between $1,000 and $5,000
• Imprisonment for one to five years
• At least 60 days of community service, which may be suspended if the defendant is sentenced to three years of prison
• Probation for at least five years, minus time spent in prison
• Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days of being convicted
• Clinical evaluation and completion of a substance abuse treatment program if it is recommended after the clinical evaluation

YOU CAUSED SEVERE INJURIES OR DEATH

Under O.C.G.A. § 40-6-393 and § 40-6-394, anyone who causes death or severe injury through drunk driving will be charged with felony DUI.

A severe injury is one that causes any of the following medical issues:

• Depriving the victim of a part of his or her body
• Rendering his or her body useless
• Causing serious disfigurement of the body or body part
• Causing organic brain damage

If you are convicted of a DUI that caused someone to die, you will receive a three to 15-year prison sentence. If you cause someone to suffer a severe injury, you will be sentenced to between one and 15 years in prison.

WHAT IS A DUI IN GEORGIA?

Under Georgia law, you will be charged with a DUI if you are caught operating a motor vehicle with a blood alcohol concentration (BAC):

• At or above 0.02 percent if you are under 21 years old, the legal drinking age
• At or above 0.08 percent if you over 21 years old
• At or above 0.04 percent if you are operating a commercial vehicle

PENALTIES FOR DUI CONVICTIONS

Even though a DUI is often a misdemeanor, it can come with stiff penalties. If it is your first conviction you are subject to:

• A fine between $300 and $1,000
• Ten days to 12 months in jail
• Probation for 12 months
• A minimum of 40 hours of community service
• Driver’s license suspension

Penalties for your second and third conviction become increasingly severe. For example, after your third conviction you could spend between 120 days and one year in jail and face a fine between $1,000 and $5,000.

The Savannah criminal defense lawyers at The Nye Law Group can represent you if you have been charged with DUI. We will work to ensure you are treated fairly throughout the legal process.

Contact us now by calling 855-856-4212 or completing a Free Case Evaluation form.

Every personal injury case is different, but insurers, juries, and attorneys review a lot of the same factors when trying to determine the value of a claim.

Review the six most important factors below and find out why your best chance of obtaining all of the compensation you deserve is to hire an experienced personal injury lawyer in Savannah.

Our skilled lawyers have handled a wide variety of personal injury claims and know how to review all of the details of your claim to determine an accurate valuation.

Here are six of the most important factors in assessing a personal injury claim’s value:

ECONOMIC DAMAGES FROM THE ACCIDENT

These are the economic losses you experienced because of your injury. These all have a defined monetary value. Examples of economic damages include:

MEDICAL BILLS

This includes all past, current and future medical bills from your injury, including the cost of:

• Emergency room visits
• Transportation in an ambulance
• Office visits with your primary care doctor and any specialists
• Physical therapy
• Medical imaging, including MRIs, x-rays and CT scans
• Blood tests
• Surgery
• Durable medical equipment you need because of your injury
• Prescription drugs
• In-home care

The more severe your injuries, the more medical expenses you are likely to have, and the more money you could recover in your personal injury claim.

However, one issue you may have to contend with is the perception of the severity of your injury. For instance, even though soft tissue injuries such as whiplash can result in severe health problems and create costly medical bills, insurance companies tend to view these injures as less severe than broken bones.

This is the reason why car insurance companies often lowball people making claims for soft tissue injuries, even though these injuries can cost several thousand dollars or more to treat.

The Nye Law Group’s experienced attorneys know how to battle these false perceptions so our clients receive fair compensation for the medical expenses they have incurred.

DOCUMENTATION OF MEDICAL BILLS

When you go to the hospital after your accident, make sure medical professionals thoroughly examine you to discover all of the injuries you have suffered. If the injury is documented, and you are able to prove that it was caused by the accident, you should be able to obtain compensation for any treatment you receive for the injury.

Obtain copies of all medical records of the treatments you receive. You also need to save all bills and receipts for your medical care to show how much all of your medical expenses cost you.

The Nye Law Group’s attorneys can help ensure you have all of the documentation you need to recover the compensation you deserve. We also know how to determine the cost of future medical treatment you will receive that is related to your injury.

LOST WAGES

If you miss work or can no longer do your job because of your injury, you could be entitled to compensation for lost wages and salary both now and in the future.

You can even recover compensation if you used sick days or vacation days on days when you could not make it to work because you were receiving treatment for your injury or were physically unable to work.

Ask your employer to write a letter providing the following information about the time you missed from work:

• Dates and times you missed work, including full days, half days and partial days missed
• Your salary or hourly wage
• Number of hours and overtime you usually work on a normal week

PROPERTY DAMAGE

This most often comes up in car accident claims. If your car was damaged in an accident that was caused by another driver, you should be able to recover compensation to fix your car or replace the fair market value if your car was totaled in the crash.

This also applies to other property damaged in your accident, even if it was not a car accident. For example, you could recover compensation for damage to clothing or real estate.

OTHER OUT-OF-POCKET EXPENSES

Sometimes a personal injury is so severe that you are physically unable to do some of the things you used to do, such as household chores, yard work, taking trips to the grocery store or transporting your children to and from school.

If you have to pay someone to do these things, you might be able to recover compensation for it in your personal injury claim. Make sure you save receipts showing how much you paid and what you were paying for.

NON-ECONOMIC DAMAGES FROM THE ACCIDENT

It is more difficult to determine non-economic damages because there is no monetary value associated with them. There are no receipts showing the monetary amount of physical, mental or emotional suffering you experienced after suffering your injury.

Examples of non-economic damages include:

• Physical pain
• Mental suffering
• Permanent disfigurement or disability caused by your injury
• Loss of enjoyment of hobbies, exercise or other recreational activities
• Emotional distress or anguish
• Loss of companionship because the injury affected your relationship with your spouse or children

Our attorneys can advise you on the best ways to document your non-economic damages, which could include keeping a daily journal where you explain what you are going through.

We have access to medical experts who can explain the damages you are experiencing and help us place a value on them.

Our goal is to recover fair compensation for all of the non-economic damages you have experienced or will experience in the future.

PUNITIVE DAMAGES

These are available only in cases where there is clear and convincing evidence that the defendant displayed willful misconduct, malice, fraud, wantonness, oppression or an entire want of care that makes a judge or jury conclude that the defendant was consciously indifferent to the consequences of his or her actions, according to the Official Code of Georgia (O.C.G.A.) 51-12-5.1.

The purpose of punitive damages is not to provide compensation, but to punish the defendant and deter others from engaging in similar conduct.

Georgia places a limit of $250,000 on punitive damages unless the case involves product liability or intentional actions by the defendant. In those two types of cases, there is no cap on damages.

GEORGIA’S MODIFIED COMPARATIVE FAULT LAW

There are often cases where the plaintiff shares some level of responsibility for his or her injuries. That is why many states, including Georgia, have implemented comparative fault laws.

Georgia’s modified comparative fault law (O.C.G.A. 51-12-33) says that plaintiffs cannot recover compensation if they are 50 percent or more responsible for the accident.

If plaintiffs are less than 50 percent responsible, their compensation award will be reduced by their percentage of fault for the crash. This means that if you are 30 percent at fault, your compensation award will be reduced by 30 percent. In other words, an award of $100,000 would become $70,000.

Courts will apply these rules, and in some cases, so will insurance companies. You need a skilled attorney to build a strong case that ensures you are not assigned more blame for your injuries than you deserve.

CAUSE OF THE ACCIDENT

In the case of car accidents, claims involving drunk drivers or drivers who left the scene of the accident will probably be more valuable than claims involving minor traffic violations.

The more severe the negligence, the more valuable your claim is likely to be. Part of the reason for this is that severe negligence opens the door to punitive damages.

YOUR ACTIONS AFTER THE ACCIDENT

What you do after the accident could have a positive or negative affect on the value of your claim. That is why you should avoid these mistakes:

WAITING TO SEEK MEDICAL CARE

You need to seek medical attention as soon as possible. You do not want to give the defendant or insurance company reason to doubt that your injuries were caused by the accident. That could make settlement negotiations more contentious than they need to be, hurting your chances of obtaining fair compensation or dragging out the process.

NOT CONSULTING AN ATTORNEY

Without an attorney at your side, you could easily get overwhelmed with all of the steps in the insurance claims process and the process of filing a personal injury lawsuit.

You could fail to collect important evidence that increases the value of your claim or shows exactly why the defendant is at fault. You could inadvertently admit fault for the accident to the insurance company, reducing the value of your claim. You could also sign a written statement that unfairly limits the amount of compensation you receive without realizing that you deserve more money.

These are just a few of the mistakes you are at risk of making without an experienced attorney helping you.

The Nye Law Group’s experienced lawyers can guide you through the legal process, protecting your rights at every turn. Unlike the defendant, his lawyers or the insurance company, we are exclusively focused on obtaining fair compensation and doing what is in your best interest.

Schedule a free, no obligation legal consultation today to find out all of the ways we can help you. We work on a contingency fee basis, so we do not receive compensation unless we recover the compensation you deserve.

Contact The Nye Law Group today. Call 855-856-4212 or fill out a Free Case Evaluation form.

If you recently lost a loved one and you have reason to believe the death was caused by another person’s negligence, you may be able to file a wrongful death lawsuit.

Wrongful death is any death that results from criminal or other negligence or from property that was manufactured defectively, even if there was no negligence involved, according to Title 51 Chapter 4 of the Official Code of Georgia (O.C.G.A.).

There are a few things you need to know about filing a wrongful death claim in Georgia.

If you lost a loved one due to negligence, contact our Savannah wrongful death attorneys today.

PURPOSE OF A GEORGIA WRONGFUL DEATH CLAIM

A wrongful death claim is similar to a Georgia personal injury lawsuit, except that the individual who would have been able to file a claim is dead.

These claims can have two purposes:

• To recover compensation to cover the full value of the life of the decedent without deducting any of the necessary or personal expenses of the decedent if he or she had survived.
• To recover financial losses caused by your loved one’s death.

DEADLINE FOR FILING A LAWSUIT

Georgia’s statute of limitations for wrongful death claims creates a deadline for filing a claim. Generally, claims must be filed within two years of the date of death, according to O.C.G.A. § 9-3-33. If you do not file a claim before the statute runs out, you are prohibited from doing so.

However, there are multiple exceptions to the two-year statute of limitations:

• The two-year clock stops running if there is a criminal case proceeding through court that deals with the same events as your wrongful death claim. The two-year clock starts running again on the date the criminal case ends.
• The clock for the statute of limitations could be tolled for as much as five years if the deceased person’s estate does not go into probate. An heir to the deceased person’s estate can request that the probate process be skipped.

PEOPLE WHO CAN FILE A CLAIM

State law allows the following individuals to file a wrongful death claim:

• Surviving spouse – These individuals must also represent the interests of any minor children of the deceased. If the surviving spouse dies during the legal action, it will be transferred to the child or children of the decedent.
• Surviving children – If the child who files the claim dies, the case will be transferred to one of the other surviving children. Compensation will be divided among the children, but if there is a surviving spouse, this person will receive at least one third of the compensation awarded.
• Surviving parents – This only applies if there is no surviving spouse or children to file a claim.
• Personal representative of the deceased’s estate – This is for cases where there is no one else who is entitled to file a wrongful death lawsuit. If the claim is successful, any damages that are recovered will be held by the deceased’s estate and given to the deceased’s next of kin.

TYPES OF WRONGFUL DEATH COMPENSATION

If you filed a claim to recover the full value of the life of your loved one, you may be entitled to the following forms of compensation:

• Lost wages and employment benefits the deceased had a reasonable expectation of earning over the course of his or her life
• Loss of care
• Loss of companionship
• Other intangible benefits

If you filed a claim to recover financial losses caused by your loved one’s death, you may be entitled to:

• Medical bills from your loved one’s last injury
• Funeral bills and other final expenses
• Pain and suffering your loved one endured before dying

Our wrongful death lawyers are prepared to handle every aspect of your claim, from beginning to end. We are committed to recovering all of the compensation you deserve for the tragic loss of your loved one.

We do not charge for your initial consultation and do not collect attorney’s fees unless we recover the compensation you deserve.

Contact The Nye Law Group today. Fill out a Free Case Evaluation form or call 855-856-4212 to reach our team of personal injury attorneys in Savannah.

Unfortunately, some people who join the armed forces are killed or suffer physical or psychological injuries that cause long-term or permanent disabilities that make it more difficult to take care of themselves and support their families.

That is why the Department of Veterans Affairs (VA) provides disability benefits to veterans and the families of veterans who died during their service, assuming the veteran or his or her family meet certain eligibility requirements.

The experienced Savannah veterans’ disability lawyers at The Nye Law Group can help determine all types of benefits you are eligible to receive, which may include:

DISABILITY COMPENSATION

This is a monthly, tax-free benefit that ranges from $133.57 to $2,915.55. The more severe your disability, the more money you receive.

In order to qualify for disability compensation, the veteran must prove that his or her disability or medical condition was caused or aggravated by an injury suffered during military service, which includes active duty, active duty for training or inactive duty training.

The disability can be physical, such as a spinal cord injury, loss of a limb or traumatic brain injury, or psychological, like post-traumatic stress disorder. However, you are eligible for compensation only if the VA’s rating of your disability is 10 percent or higher.

If your disability is rated at 30 percent or higher, you can receive additional compensation for your dependents, if you have any.

If you are a military retiree, applying for disability compensation does not affect your eligibility for retirement pay. However, your retirement pay will be reduced by the amount of disability benefits you receive, unless you qualify for one of these programs:

• Concurrent retirement disability pay – This is for military retirees who have a disability rating of 50 percent or higher. If you qualify, you can receive your full retirement pay in addition to disability compensation, with no offset.
• Combat-related special compensation – This is for military retirees who qualify for disability compensation but have a disability that is the result of a combat-related incident. However, this only applies to your combat-related disability. If you have other non-combat-related disabilities, your retirement pay will still be offset by the amount of compensation you receive for those medical conditions.

DEPENDENCY AND INDEMNITY COMPENSATION

This is reserved for the spouses and biological children of veterans who were killed while on active duty. Like disability compensation, this benefit is also tax free.

There are different compensation rates for veterans who died on or after Jan. 1, 1993 and those who died before that date.

The basic monthly rate for Dependency and Indemnity Compensation (DIC) for spouses of veterans who died on or after Jan. 1, 1993 is $1,257.95.

More compensation will be added if the deceased veteran or surviving spouse meet certain conditions. For example, if the surviving spouse is eligible for aid and attendance benefits, the VA will add $311.64 to the monthly amount of DIC. The VA also adds $311.64 in monthly compensation for each dependent child under the age of 18, regardless of when the veteran died.

The amount of compensation for surviving spouses of veterans who died prior to 1993 is based on the veteran’s pay grade. Compensation ranges from $1,257 for an enlisted service member to as much as $2,882.42 for officers.

Spouses have to meet one of several conditions to qualify for DIC. For instance, they have to have been married to the veteran for at least one year; married to a service member on active duty, duty for training or inactive duty; or married the veteran before Jan. 1, 1957.

Surviving children can qualify if they are unmarried, not included on the surviving spouse’s application, and are younger than 18 years old or between the ages of 18 and 23 attending school.

PARENTS’ DEPENDENCY AND INDEMNITY COMPENSATION

This is reserved for the parents of service members who were killed in the line of duty. These individuals can be biological, adoptive or foster parents.

In order to qualify for this type of compensation, parents have to prove the veteran was their child and establish that he or she had a service-connected disability.

If the parents are still married to each other, they can receive anywhere from $5 to $423 per month. The higher their monthly income, the less compensation they receive. This also applies to a parent who has remarried someone.

If one parent is no longer married to the other and did not get remarried, compensation ranges from $5 to $450.

The rate tables on the VA website explain compensation amounts in more detail.

SPECIAL MONTHLY COMPENSATION

This benefit is in addition to standard disability compensation, but it is reserved for severe disabilities and medical problems, including:

• Loss or loss of use of a foot or hand
• Paralysis
• Loss of vision
• Loss or loss of use of a reproductive organ
• Deafness
• Loss of the ability to speak

You will receive more compensation if you have a combination of these types of disabilities. For example, you would receive more compensation if you have paraplegia with a complete loss of bladder control.

The VA divides disabilities that are eligible for special monthly compensation (SMC) into different groups. For instance, SMC-K covers the loss of use of an eye, ear, hand, foot, buttocks or creative organ. The veteran receives $103.54 for each condition he or she has that falls under SMC-K.

A veteran with a SMC-L condition who lives alone can receive $3,627.87 per month, according to the SMC rate table. SMC-L includes conditions for which the veteran needs regular aid and attendance. SMC-L also covers veterans who are permanently bedridden or have a combination of losses or loss of use of extremities.

DISABILITY PENSION BENEFITS

Veterans who are disabled but do not qualify for disability compensation can receive a disability pension.

The VA also offers two improved pension programs for veterans in certain circumstances.

HOUSEBOUND BENEFITS

This is reserved for veterans who have a disability that leaves them substantially confined to their home.

AID AND ATTENDANCE BENEFITS

This is for veterans who require assistance with at least some daily living activities. Veterans are eligible even if they are not currently paying a caregiver to come to their home.

Veterans can also apply for this if they are not disabled but their spouse is and needs daily assistance.

ELIGIBILITY FOR PENSION BENEFITS

There are several eligibility requirements for pension benefits, including aid and attendance and household benefits. The veteran must:

• Have assets and income below income limits
• Have not received a dishonorable discharge
• Have served for at least 90 days, including one day of service during wartime
• Be totally and permanently disabled or 65 years old or older

The income limits vary based on the veteran’s living situation. For instance, if the veteran does not have a spouse or child, he or she must be making less than $12,907 per year. If two veterans are married to each other and are housebound, they must make less than $19,770.

The skilled attorneys at The Nye Law Group can help you determine your eligibility for these forms of compensation. We offer a free, no obligation legal consultation and do not charge for our services unless you receive compensation.

Complete a Free Case Evaluation form right now.