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Asheville Legal Blog

Pedestrian hit after 2:00 a.m. in North Carolina

A pedestrian in Charlotte, North Carolina, recently lost their life when they were hit by a car. The accident happened on I-85, in the southbound lanes, and it took place around 2:30 a.m.

The North Carolina Highway Patrol did report that the incident only took one life, and they did not say if anyone in the car was injured. They also did not say what the pedestrian was doing at the time or how they came to be in the I-85 traffic lanes.

Signs of dangerous stairs

One of the most high-traffic areas in any home is the stairway. The same, to a degree, goes for hotels, office buildings, restaurants and other buildings. The stairs see consistent traffic in a way that can wear them out faster than other areas of flooring.

This is a major problem because neglected wear and tear can be dangerous. All it takes is the smallest defect to cause someone to trip and fall. They may be fine if it happened on level ground, but falling down the stairs can lead to massive injuries. It's important for property owners to look for the danger signs and make repairs in a prompt fashion. Some indicators that repairs are needed include:

  • The stairs are creaking and it's getting worse. If this means the nails are pulling out, an entire tread could come loose.
  • Any of the treads move. Even a small amount of movement from a loose tread can cause a serious accident.
  • The treads have cracks in them. These are especially dangerous near nails or on the front edge of the tread.
  • Parts of the handrail, such as the main banister post or the rail itself, have come loose.
  • The treads are so worn at the front edge or in the middle that they slope and are no longer even.
  • The stairs have suffered from consistent moisture exposure and there is now rot or other water damage.

Does your teen drink?

When parents are asked if their teenage child drinks alcohol, most of them quickly say that they certainly do not. They may cite the legal side of things, noting that it is illegal, or they may talk about personal or religious reasons for refraining from drinking. But the common denominator is that these parents all think their teens do not drink.

The odds are high that most of those parents are wrong.

Don't forego medical care if you've been involved in a crash

After a car crash, you may feel a little bit stunned. Many people are in shock and numb. Others are angry and just want to go home and rest.

It's a normal response to want to get on with your day, especially if you don't believe that you've been hurt. Unfortunately, many crash injuries won't present right away. That means that you could be walking around with injuries without knowing it. Those injuries could worsen over the course of the next 24 or 48 hours (longer in some cases).

What you can learn from a trial separation

If you're thinking about getting divorced but you're not quite ready to do it yet, you may want to consider a trial separation. This is where couples live apart for a short time -- much in the same way that many young couples cohabitate before marriage. They want to test out the new living situation before committing to it.

You can learn a lot from a trial separation. For one thing, it gives you a chance to put the emotional side of the split on hold and think rationally about what you want. If you're considering divorce after an argument with your spouse, for instance, it gives you time to cool down, consider what the argument really meant and decide what is best for your future.

How do supervised custody exchanges work?

Every time you and your co-parent hand off your child to the other one, you seem to get into an ugly fight. Your child witnesses it, your neighbors hear it and it leaves everyone – particularly your child – anxious or depressed. Supervised custody exchanges may be the answer.

Supervised exchanges (also known as safe exchanges or monitored exchanges) are sometimes ordered by the court because a judge believes they're necessary. Sometimes one or both parents will request the court to order that child custody exchanges be supervised. In other cases, parents decide without involving the court that they're better off letting one or more third parties get involved in the exchanges so they don't have to encounter each other.

Why graffiti can have serious consequences in North Carolina

You may think that your teen's graffiti is simply an artistic expression. If they're bored, there are worse things they could be doing, right? The problem is that if their graffiti is on property that doesn't belong to you or on property they don't have the owner's permission to alter, it's considered vandalism under North Carolina law. That's a property crime, which can have serious consequences.

Depending on where they draw the graffiti, they could be subject to some laws specific to North Carolina. For example, North Carolina has a law that protects "monuments, memorials, and works of art." That includes all statues and monuments. No matter how you may feel about them and what they represent, they are considered "objects of remembrance" under the law. If you attempt to alter or remove them -- including putting graffiti or other messages on them -- you risk criminal charges.

Your parents' divorce can impact your own marriage in 2 ways

The conventional wisdom about "children of divorce" is that they're more likely to get divorced themselves. Indeed, studies have found that divorce rates are higher for people with divorced parents than for those with married parents.

Why is this? Speculation looks at many potential reasons, and every situation is different, so it's hard to say for sure. One reason could be that parents set an example by getting divorced, so children are more likely to follow that example. In some cases, it could also be that unhappily married couples stay together for fear of what their married parents think, whereas those with divorced parents wouldn't have this concern.

What should you know about hidden assets in divorce?

People who are going through a divorce have to split up the property they've amassed during the marriage. This might seem like a straightforward process, but there are instances in which one person tries to hide assets from the other in an effort to walk away with a better deal.

Hidden assets can alter the property division process and turn into an unfair situation. Because of this, it's imperative that anyone who has reason to believe their ex is hiding something take the time to find out what's going on.

Avoiding common car accident causes

If you want to avoid getting into a car accident, the first step is to understand why these accidents happen. You can then avoid behaviors proven to lead to them. Often, you can identify risky behavior long before it actually causes a crash.

For instance, one of the biggest reasons for modern car accidents is distracted driving. You can get distracted by the GPS, a text message, your passengers or the radio -- just to name a few examples. If you understand this and keep your focus on the road, you're far safer.

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Asheville, NC 28801

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