Winston-Salem Police Department Accident Reports On-line-Attorney

25 Wednesday Jul 2012

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If you need an accident report completed by the Winston-Salem Police Department, then go to this page:

http://www.cityofws.org/Home/Departments/Police/AccidentReports/Articles/AccidentReports

Follow the instructions and you should be able to pull your accident report.

Once you’re signed in, I click on the 4th icon down on left hand bar, then click edit.

If you’ve been injured in an accident and need an attorney to represent you in your recovery against the negligent driver, then CALL Kirk Sanders at (336) 768-1515

Remember: the insurance adjuster may seem nice, but they are really trying to figure out how little they can pay you.

Sanders Law Firm, PLLC

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Spousal Dissent from Will

09 Monday Jul 2012

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Went to Court in Danbury, Stokes County the second week of July of 2012 for a hearing. Client disagreed with the share the decedent spouse left client in the will.

NC protects surviving spouses from being written out of estates. So with my assistance, the client reviewed his three main options: 1) taking an elective share (surviving spouse’s intestate share), 2) Life estate in 1/3 the value of all real estate of possessed by decedent during the marriage, or 3) Life estate in dwelling and all the household furnishings.

Sanders Law Firm, PLLC provided the options and scenarios then assisted client in making this decision. A hearing was held before the Clerk of Court of Stoke County and the client was ordered to have his elected option, which ended up being option #3.

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·       Incorporations, LLCs (Limited Liability Company)

·       Business Agreements & Litigation

·       Collection Cases

·       Fiduciary Litigation (Power of Attorney Abuses, Will Caveats, Elder Abuse et al)

·       Wrongful Death Cases

Call Sanders Law Firm, PLLC (336) 768-1515, 119 Brookstown Ave. Ste 400 Winston-Salem, North Carolina. Statewide Representation

Legal Judgment: Sanders Law Firm obtains $408,880 Personal Injury judgment in Forsyth County, NC

28 Thursday Jun 2012

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This judgment completed a premises liability case in Winston-Salem, North Carolina against multiple defendants.

Two of the defendants settled after the complaint was filed, discovery was answered (interrogatories, request for production of documents) and multiple depositions.

The basis of the case was this: Plaintiff was at a Mexican bar. He was standing outside in the smoking area of the bar, also being the sidewalk of the shopping center. Two thugs had just been kicked out of the bar by the bouncer for being rowdy and provoking. The bouncer escorted the thugs to the door. At that point, they walked past the plaintiff, walked back behind him, and without warning to plaintiff, the thugs began pummeling him from behind.

Injuries included a broken jaw (two places), several night stay in the hospital, wired jaw for a month, permanent popping in jaw.

The landowner and bar settled earlier. The main issue with them was the questions of whether (1) this was foreseeable & (2) preventable. Armed with extensive investigations to identify the number of criminal activities & 911 calls that occurred at the shopping center & bar, we were able to show bar owner and land owner should have known activity such as the beating complained of was likely to occur and foreseeable. The big question was whether a proper security guard and/or properly trained bouncer could have prevented the two thugs from jumping the plaintiff.

While there was a settlement and payments by bar and landowner to plaintiff, this $408,880 judgment against the two thugs is unlikely to ever be collected.

If you, a friend, or family has been injured in an accident, call Kirk Sanders at Sanders Law Firm, PLLC (336-768-1515) to discuss your case.

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In memory of Steve Carlson

20 Wednesday Jun 2012

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In memory of old law school friend, Steven Marc Carlson (December 15, 1962 – April 9, 2012). His obituary from Boone, NC:

Mr. Steven Marc Carlson, age 49, of Boone, died Monday, April 9, 2012.

He was survived by his father & mother, Marc Ryan Carlson and Mary Ruth Mason Carlson, of Boone, two sisters Sandra Butler and husband Stephen, New Palestine, Indiana, and Monica Rose of Boone, a brother Robert Carlson of Johnson City. He is also survived by a number of aunts, uncles, nieces and nephews.

He was preceded in death by his biological mother, Beth Wood Carlson. In lieu of flowers memorial contributions may be made to the Watauga County Humane Society, 200 Casey Lane, Boone, NC 28607. Online condolences may be made to the family at wwww.hamptonfuneralnc.com

I learned of Steve's death in the WFU Quarterly. Steve was a wonderful classmate at WFU Law School. He was thoughtful, kind, helpful, and down to Earth. He laughed a lot. After law school I referred him all my clients with troubles in the Watagua & Wilkes region. They were always pleased with his excellent services. Steve was a good soul. God bless him.

Single car crash–Claim by passenger(s) against the driver for negligence?

15 Friday Jun 2012

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According to state troopers,an SUV went off the shoulder of the roadway in a curve.  The driver pulled the SUV back onto the roadway, but it overturned and rolled several times before landing on its side.

The driver dies. The Four other teen passengers, were taken to the hospital.

Troopers suspect alcohol was involved, but they’re waiting for test results to determine if in fact it was.

Speed is also being considered a contributing factor.  Troopers said the SUV was traveling about 70 mph going into the curve.

The crash is still under investigation by the N.C. Highway Patrol.

LEGAL QUESTION: Who would have a potential claim for personal injuries due to this car wreck?

ANSWER: Based on the above possible facts. The passengers have a potential claim for negligence against the driver/driver’s estate. The claim would be made against the driver’s insurance company first.

BASIS: The driver had a duty to drive properly. If she was underage drinking and/or speeding, then she breached her duty. That breach proximately caused the injuries to the passengers.

OTHER ISSUES: Contributory negligence? Did the passengers knowingly ride in the vehicle with someone who was drinking. If contributorily negligent, then their claims could be barred under present NC law. That would go to the jury for deliberation.


 

Lawsuit Challenges NC Same-Sex Adoption Law

14 Thursday Jun 2012

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The N.C. Attorney General had said Amendment One was going to create a bunch of lawsuits arising over its constitutionality. Here’s one:

A group of same-sex couples in North Carolina have filed a lawsuit against the state in an attempt to give their children two legal parents. The state outlawed same-sex second-parent adoptions in 2010, a ruling the suit calls "fundamentally wrong." The suit says that by denying both parents the right to adoption, the state is failing to fully protect children if something happens to the custodial parent.  See article in Charlotte Observer by Gary Wright:  http://www.charlotteobserver.com/2012/06/14/3313936/aclu-files-same-sex-lawsuit-over.html

The case involved attempts by former State Sen. Julia Boseman, D-New Hanover, the legislature’s first openly gay member, to adopt her former partner’s biological son. The ACLU’s lawsuit, filed in federal court in Greensboro, comes just weeks after North Carolina voters approved a constitutional amendment that states that marriage between one man and one woman is the only legal union in the state. North Carolina has had a law banning same-sex marriages for 16 years.

It will be interesting how history views these times in 20 years.

 

Pedestrian killed on Business 40

08 Friday Jun 2012

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WINSTON-SALEM, N.C. –A pedestrian died Thursday, June 8th at 7:30am, after being hit by an SUV on Business 40, Winston-Salem police said.

The crash happened near the eastbound ramp for Silas Creek Parkway. The deceased was Victoria Lynn Evans, 45.

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From a legal standpoint several issues appear in this question: Was the pedestrian negligent and/or contributorily negligent? This part of the highway is not intended for pedestrians (based on the picture). There is no traffic cross walk for pedestrians. In addition, it appears she stepped into traffic without heeding the right-of-way.** All based reports from WXII.com: “The woman had stepped off the curb and onto the road before being hit by the SUV, police said.”

This would NOT be a wrongful death matter that my firm would accept. Sympathies to the deceased’s family and those driving the vehicles.

·       Auto accidents (Car Wrecks)

·       Bicycle Accidents (Bike Injury)

·       Boating Accidents Attorney

·       Lawsuits

·       Medical Malpractice

·       Motorcycle Accidents

·       Private Disability Insurance Claims

·       Life Insurance Claims

·       Incorporations, LLCs (Limited Liability Company)

·       Business Agreements & Litigation

·       Collection Cases

·       Fiduciary Litigation (Power of Attorney Abuses, Will Caveats, Elder Abuse et al)

Call Sanders Law Firm, PLLC (336) 768-1515, Winston-Salem, North Carolina. Statewide Representation