St. Patrick’s Day, a holiday known for its vibrant green festivities, cheerful parades, and jovial gatherings, is celebrated by millions around the world every year. However, amidst the revelry and merrymaking, there’s a darker side that often gets overshadowed: the dangers of drunk driving. As we gear up to celebrate St. Patrick’s Day, it is crucial to remember the importance of responsible drinking and the serious consequences of getting behind the wheel while intoxicated.

St. Patrick’s Day commemorates the patron saint of Ireland, St. Patrick, and the arrival of Christianity in Ireland.  What began as a religious feast day has evolved into a global celebration of Irish culture, marked by parades, traditional music, dancing, and, of course, the wearing of green attire. It is a day when people of all backgrounds come together to celebrate Irish heritage and enjoy the festivities.

Unfortunately, St. Patrick’s Day has also become associated with a rise in alcohol-related incidents, particularly drunk driving accidents. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related fatalities tend to spike around this holiday. In 2019, for example, 51% of all traffic fatalities on St. Patrick’s Day involved drunk drivers with blood alcohol concentrations of 0.08% or higher.

The consequences of drunk driving can be devastating, both for the driver and for others on the road. Not only does it put the driver at risk of injury or death, but it also endangers the lives of innocent bystanders and other motorists. Moreover, the legal repercussions of drunk driving can be severe, including hefty fines, license suspension, and even jail time. Beyond the legal consequences, the emotional toll of causing harm to oneself or others can be immense and long-lasting.

While it is perfectly fine to enjoy a few drinks and celebrate with friends and family, it is essential to do so responsibly. Here are some tips for celebrating St. Patrick’s Day safely:

If you are going out to celebrate, plan your transportation in advance. Designate a sober driver, use public transportation, or arrange for a ride-sharing service to ensure you get home safely.

Enjoy your drinks in moderation and alternate alcoholic beverages with water or non-alcoholic drinks to stay hydrated.

If you notice someone who has had too much to drink, intervene and help them find a safe way home. Never let a friend or loved one drive drunk.

Do not succumb to peer pressure to drink excessively. Remember that it is okay to say no and stick to your limits.

There are various smartphone apps available that can help you find a sober ride home or track your alcohol consumption throughout the night.

In an effort to deter those who have been drinking from getting behind the wheel, law enforcement officers statewide will be on patrol and set up DWI checkpoints – the Booze-it-and-Lose-it campaign for the St. Patrick’s Day holiday began on Monday, Mar. 11, 2024, and will run through Sunday, March 17, 2024.

However, should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at 910-793-9000 for a confidential consultation.

Stay safe, Wilmington!

This blog explores the legal doctrines of contributory negligence and comparative negligence in the context of personal injury cases. Contributory negligence traditionally barred plaintiffs from recovering damages if they were found even slightly at fault for their injuries. In contrast, comparative negligence apportions damages based on each party’s degree of fault. The blog examines the evolution of these doctrines, their implications for plaintiffs and defendants, and the trends regarding their adoption in different states.

In the realm of personal injury law, questions of fault allocation are paramount. Two main doctrines have emerged to address this issue: contributory negligence and comparative negligence. While contributory negligence traditionally posed significant barriers to plaintiffs seeking compensation, comparative negligence offers a more nuanced approach to fault allocation. This blog delves into the intricacies of both doctrines, their historical development, contemporary application, and the states’ varying stances on their adoption.

Contributory negligence, rooted in common law principles, historically served as a harsh rule barring plaintiffs from recovery if they were found to have contributed to their injuries in any way. This doctrine, often criticized for its rigidity and potential for unjust outcomes, effectively shifted the entire burden of responsibility onto the plaintiff, regardless of the defendant’s negligence. Critics argued that contributory negligence failed to account for the proportional fault of each party and often led to inequitable results, particularly in cases where the plaintiff’s contribution to the injury was minor.

In response to the perceived injustices of contributory negligence, many jurisdictions began adopting comparative negligence systems. Comparative negligence allows for a more equitable distribution of fault by apportioning damages based on each party’s degree of negligence. Under this framework, plaintiffs may still recover damages even if they are partially at fault, with the damages reduced in proportion to their degree of fault. This approach aims to achieve a fairer allocation of responsibility and ensure that plaintiffs are not completely barred from recovery due to minor faults.

The adoption of comparative negligence varies significantly among states in the United States. Pure comparative negligence systems allow plaintiffs to recover damages regardless of their degree of fault, with damages reduced according to their level of responsibility. In contrast, modified comparative negligence systems bar recovery only if the plaintiff is found to be equally or more at fault than the defendant. States have implemented various thresholds for modified comparative negligence, with some jurisdictions adopting a 50% bar rule and others opting for a 51% bar rule.

Despite the widespread adoption of comparative negligence, very few states, such as North Carolina,  still adhere to contributory negligence principles. These states, often characterized by their adherence to traditional legal doctrines, maintain the strict rule that any contributory negligence on the part of the plaintiff completely bars recovery. Critics argue that this approach is antiquated and fails to account for the complexities of modern legal disputes.

The decision to adopt or retain contributory or comparative negligence often reflects broader legal philosophies within each state. States that prioritize individual responsibility and traditional legal principles may be more inclined to retain contributory negligence. On the other hand, states that prioritize fairness and equitable outcomes may opt for comparative negligence systems. Additionally, the legal and political climate, as well as historical precedent, play significant roles in shaping each state’s approach to fault allocation in personal injury cases.

If you or any of your friends or family members are injured in an accident, call us at Collins Law Firm at 910-793-9000 for a fee confidential consultation.

College spring break has long been synonymous with freedom, fun, and adventure. However, alongside its evolution, this annual tradition has also come to be associated with risks such as injuries, alcohol-related incidents, sexual assaults, criminal charges, and traffic violations. This blog delves into the history of college spring break, tracing its origins and transformation over time, while examining the specific risks prevalent in the coastal regions of New Hanover, Pender, and Brunswick counties, with a particular focus on Masonboro Island and Wrightsville Beach, NC.

College spring break has its roots in the early 20th century, when academic institutions began adopting the concept of a recess period during the spring semester. Initially, it was a time for relaxation and rejuvenation, often involving family-oriented activities. However, by the mid-20th century, the emergence of popular culture, media, and tourism transformed spring break into a rite of passage for college students, characterized by beach parties, excessive drinking, and uninhibited behavior.

The Evolution of College Spring Break:

The 1960s and 1970s witnessed the rise of Fort Lauderdale, Florida, as the quintessential spring break destination, attracting hordes of students seeking sun, sand, and a break from academic rigors. Over time, other coastal areas across the United States, including those in New Hanover, Pender, and Brunswick counties, began capitalizing on the spring break phenomenon, offering vibrant nightlife, beachfront accommodations, and an array of recreational activities.

Risks Associated with College Spring Break:

a. Injuries: The combination of alcohol consumption, water activities, and reckless behavior often leads to a surge in injuries during spring break. From slip and fall accidents to water-related mishaps, the risk of injury is heightened during this period.

b. Alcohol and Substance Abuse: Spring break is notorious for excessive drinking and drug use, with many students engaging in binge drinking and experimentation. This behavior not only poses health risks but also contributes to impaired judgment and increased vulnerability to accidents and criminal activity.

c. Sexual Assaults: The party atmosphere and relaxed inhibitions prevalent during spring break create an environment conducive to sexual violence. Studies indicate a spike in sexual assaults and harassment cases during this time, underscoring the need for heightened awareness and prevention measures.

d. Criminal Charges: Instances of disorderly conduct, public intoxication, underage drinking, and drug offenses escalate during spring break, often resulting in arrests and criminal charges. Law enforcement agencies in coastal areas are tasked with managing crowds and maintaining public order amidst the influx of revelers.

e. Traffic Violations: The surge in vehicular traffic during spring break contributes to congestion, accidents, and traffic violations. Reckless driving, speeding, and driving under the influence pose significant risks to both motorists and pedestrians.

Masonboro Island and Wrightsville Beach, NC:

Masonboro Island at Wrightsville Beach, located in New Hanover County, have emerged as popular spring break destinations, renowned for their pristine beaches and vibrant nightlife. However, the influx of college students during spring break brings with it a host of challenges for local authorities and residents. Incidents of alcohol-related disturbances, beach littering, and environmental damage are common during this period, prompting concerted efforts to mitigate the impact of spring break activities on the ecosystem and community.

College spring break remains a celebrated tradition, offering students a much-needed respite from academic pressures. However, the allure of sun-soaked beaches and wild parties comes with inherent risks, ranging from injuries and alcohol abuse to criminal behavior and traffic violations. 

As coastal communities continue to grapple with the complexities of hosting spring break festivities, proactive measures aimed at promoting responsible behavior, enhancing safety protocols, and fostering community engagement are imperative to ensure a harmonious and enjoyable experience for all stakeholders involved.

In order to deter impaired driving, the North Carolina Governor’s Highway Safety Program began to run their Booze It & Lose It campaign today through January 1, 2024. 

All across North Carolina, there will be increased patrols and checkpoints to detect impaired drivers. 

Last year, 471 people were fatally injured in alcohol-related motor vehicle accidents in North Carolina alone. 

Enjoy the holidays and some yummy holiday spirits, but please utilize a designated driver, a taxi, Uber, or Lyft, in order to make sure not to turn a good time into a tragedy for yourself or others.

However, if you or someone you know receive a traffic ticket or any other criminal charge in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

Despite continued efforts by the U.S. Senate since 2018 to establish permanent daylight-saving time nationwide, for now, we have to continue to change our clocks twice a year.

Starting this Sunday, November 5, 2023, we will set our clocks an hour back, allowing us an extra hour of sleep this weekend, and to enjoy sunrise and sunset an hour earlier.  However, while we win an extra hour this coming weekend, and we will get to enjoy earlier sun rises, when March 10, 2024, comes, we will have to set our clocks forward by one hour – spring forward, and will lose an hour of sleep. 

When the concept of Daylight-Saving Time was invented by Benjamin Franklin in 1784, he believed that the people could save money due to a reduction in the use of candles.  However, as society evolved, the cost of lighting has decreased, and the use of daylight resulted in an increase of heating and air conditioning costs.  Therefore, the thought of saving money by changing our clocks twice is year, is no longer valid.

Studies have found that Daylight-Saving Time is associated with increased emotional instability, hospitalizations, and elevated stress.  Daylight-Saving Time is also linked to an increase in motor vehicle accidents after we set our clocks one hour forward in the spring each year, and a 2020 study found that the risk of fatal traffic accidents increases by 6%.

We can just hope, that eventually, the Senate’s bill that proposes a federal law to make daylight-saving time permanent – the Sunshine Protection Act – will pass.

If you or someone you know receive a traffic ticket or any other criminal charge in Wrightsville Beach or in Wilmington, or generally in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

The Fourth of July weekend is a time of celebration and joy in the United States, as citizens
come together to commemorate their nation’s independence. However, amidst the festivities, it is
crucial to acknowledge the role played by police officers in maintaining law and order during
this time. Police departments across the country adopt a strict approach to ensure public safety,
handling increased traffic, crowd management, and enforcing regulations related to fireworks
and alcohol consumption.

Maintaining Public Safety:
The primary responsibility of police officers is to uphold public safety, and this duty becomes
even more critical during holidays with heightened celebrations like the Fourth of July. The
influx of people attending parades, firework displays, and outdoor gatherings necessitates
increased police presence to prevent potential disruptions, control unruly behavior, and respond
to emergencies promptly. By being present and vigilant, police officers deter criminal activity,
promote a sense of security, and ensure that citizens can enjoy the festivities without fear.

Traffic Management:
The Fourth of July weekend witnesses a surge in vehicular traffic as families and friends embark
on road trips and outings. The increased traffic volume poses a significant challenge, requiring
police officers to take on the responsibility of managing and regulating traffic flow. By directing
traffic, enforcing speed limits, and monitoring impaired driving, officers strive to minimize
accidents, maintain smooth traffic patterns, and protect the lives of motorists and pedestrians
alike. Their presence on the roads during this period is essential to prevent accidents and provide
timely assistance if incidents occur.

Crowd Control:
Public celebrations on the Fourth of July often draw large crowds, congregating in parks, public
spaces, and event venues. Police officers play a crucial role in ensuring crowd control to prevent
any potential disorderly conduct or conflicts that could jeopardize public safety. They are trained
in crowd management techniques, including maintaining order, diffusing tense situations, and
facilitating the smooth movement of people. The presence of police officers in such gatherings
acts as a deterrent to any disruptive behavior, allowing individuals to celebrate responsibly and
peacefully.

Regulation Enforcement:
Fireworks and alcohol are often integral components of Fourth of July celebrations. However,
the misuse and improper handling of these substances can lead to accidents, injuries, and
property damage. Police officers are entrusted with enforcing regulations related to fireworks
displays, including licensing requirements, safety guidelines, and time restrictions. By
monitoring the sale, possession, and use of fireworks, officers seek to prevent accidents and
protect the well-being of the public.

Additionally, the consumption of alcohol during celebrations increases the risk of impaired
driving, public disturbances, and altercations. Police officers conduct sobriety checkpoints and
enforce laws related to driving under the influence to ensure road safety and reduce the potential
for accidents. By enforcing regulations on alcohol consumption and conducting preventative
measures, police officers strive to create a safer environment for everyone during the holiday.
During the Fourth of July weekend, police officers demonstrate strict vigilance to maintain
public safety, manage traffic, control crowds, and enforce regulations. Their presence and
proactive efforts contribute to the smooth conduct of celebrations and safeguard the well-being
of citizens. By upholding the principles of law and order, police officers enable individuals to
celebrate their nation’s independence in a secure and peaceful environment. As we appreciate the
festivities and come together as a community, let us acknowledge and respect the dedication of
these officers who work tirelessly to ensure a safe and enjoyable Fourth of July for all.

Should you or someone you know receive a traffic ticket or any other criminal charge in New
Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law
Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordan, Legal Assistant

In serious personal injury cases under North Carolina law, how is compensation calculated and how does contributory negligence effect the amount of damages? How does last clear chance affect the recovery available?

In serious personal injury cases in North Carolina, compensation is generally calculated based on the damages suffered by the injured party. Damages can include medical expenses, lost wages, pain and suffering, and other losses resulting from the injury.

In North Carolina, the doctrine of contributory negligence can have a significant impact on the amount of damages that an injured party may be able to recover. Under this doctrine, if the injured party is found to have contributed in any way to the accident that caused their injuries, they may be barred from recovering any damages at all, even if the other party was primarily at fault.

This means that if a defendant can show that the injured party was even slightly negligent and that their negligence contributed to the accident, the injured party may not be able to recover any damages. This is a harsh rule that is not followed by most other states in the U.S., which generally use a comparative negligence system that allows an injured party to recover damages even if they were partially at fault for the accident. If the injured party is found to have contributed in any way to the accident that caused their injuries, they may be barred from recovering any damages at all, even if the other party was primarily at fault.

However, there is an exception to the doctrine of contributory negligence known as the “last clear chance” doctrine. Under this doctrine, if the defendant had the last clear chance to avoid the accident, but failed to do so, then the injured party may still be able to recover damages, even if they were partially at fault for the accident.

For example, if a pedestrian is jaywalking and is hit by a car, but the driver of the car had the last clear chance to avoid hitting the pedestrian, then the pedestrian may still be able to recover damages, even though they were jaywalking and therefore partially at fault for the accident.

The last clear chance doctrine is a narrow exception to the contributory negligence rule and requires a showing that the defendant had an opportunity to avoid the accident but failed to do so. It is often difficult to prove and requires a careful analysis of the facts and circumstances of the case.

It’s important to note that contributory negligence is a defense that the defendant must prove in court, and that the injured party can also try to prove that the defendant was negligent and that their negligence was the primary cause of the accident. In cases where both parties are found to have been negligent, the amount of damages that the injured party can recover may be reduced based on their degree of fault.

Overall, contributory negligence can have a significant impact on the outcome of serious personal injury cases in North Carolina, and it’s important for injured parties to consult with an experienced personal injury attorney to understand their rights and options under the law.

We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury, or you get into trouble with a criminal matter, or receive a traffic ticket in New Hanover, Pender, or Brunswick County, please give our office a call at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

2023 St. Patrick’s Day – Booze I & Lose It Campaign

On Saint Patrick’s Day, we are celebrating the beginning of Christianity in Ireland.

The holiday is named after Saint Patrick (AD 385–461), who is the most recognized patron saint of Ireland.

St. Patrick’s Day festivities involve parades and the wearing of green attire and shamrocks.  Also, on St. Patrick’s Day, the eating meat and drinking alcohol are permitted despite the prohibitions of the Lenten season.  Unfortunately, too many decide to drive after consuming alcoholic beverages.  Last year, about 225 motorists were injured due to impaired driving around St. Patrick’s Day, including 11 fatalities.

In an effort to deter those who have been drinking before getting behind the wheel, law enforcement officers statewide will be on patrol and set up DWI checkpoints.

If you find yourself questioning whether you had too many stouts, lagers, cream ales, ales, etc, do not risk getting arrested or worse, endangering your life or the lives of others. Play it safe and call a cab, UBER, or LYFT, or have a sober friend take you home.

However, should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at (910) 793-9000 for a confidential consultation.

Stay safe, Wilmington!

By Jana H. Collins, Office Manager

As the Wilmington area continues to grow, more drivers will be on the roads, ultimately increasing the likelihood of car accidents. WECT News compiled a list of some of the worst intersections for car accidents in the area that were reported from 2018-2021. It should be noted that the volume of traffic is what contributes to the number of accidents on these roads and these intersections are not more/less dangerous than other roads and intersections.  

The worst intersections for car accidents reported between 2018-2021 in New Hanover County are as follows:

1.            College Road & New Centre Drive

• 171 accidents were reported at this intersection and the most common type of accident at this intersection is angle accidents (includes T-bone collisions).

2.            Kerr Avenue & Market Street

• 124 accidents were reported here, and angle accidents were the most common accident type. However, NCDOT has made improvements to Kerr Avenue over the last few years and left turns are now prohibited at the intersection.

3.            College Road & Oleander Drive

• 108 accidents were reported at this intersection and the most common accident type was rear-end accidents.

4.            Market Street & New Center Drive

• 106 accidents were reported at this intersection and angle accidents were the most common accident type. Although New Center Drive is a short road, the volume of cars on that road is high, partially due to the several commercial businesses located there.

5.            College Road & MLK Parkway

• 101 accidents were reported here, and rear-end collisions are most common at this intersection. This roadway is heavily traveled, especially since vehicles coming from and heading to Interstate 40 end up at this intersection and onto College Road.

6.            College Road & Randall Parkway

• 99 accidents were reported here, and rear-end collisions are most common at this intersection. This heavily traveled intersection is near UNCW.

7.            Gordan Road & College Road

• 93 accidents were reported here and rear-end collisions are most common at this intersection.

8.            Gingerwood Drive & Market Street

• 89 accidents were reported here, and angle accidents are most common at this intersection.

9.            Fifth Street and Wooster Street

• 88 accidents were reported at this intersection over the three-year period.

10.          Third Street and Wooster Street

• 84 accidents reported here. Only two blocks away from Third & Wooster intersection, this is a common site for high traffic volume because it leads drivers across the Cape Fear Memorial Bridge.

Unfortunately, car accidents occur and are sometimes out of one’s control. However, if you are hurt in a motor vehicle collision, you may be able to recover from the “at fault” driver who caused the accident. In North Carolina, you can receive compensation for pain and suffering by filing a claim for personal injuries. If a person’s death resulted from a collision caused by another driver’s negligence, a wrongful death claim (type of personal injury) could be filed. We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury, or you get into trouble with a criminal matter, or receive a traffic ticket in New Hanover, Pender, or Brunswick County, please give our office a call at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

With the celebration of Halloween, the holiday season begins.  According to the Highway Safety Program, Halloween is among the most dangerous times a year for traffic accidents.  Halloween parties and trick-or-treat events invite individuals to come out, and the chances for drunk driving and pedestrian accidents increase. 

With the statewide Booze It & Lose It campaign which began on October 24, 2022, and will last through October 31, 2022, the Governor’s Highway Safety Program is aiming to discourage drivers from operating a car after consuming alcohol.   There will be increased law enforcement patrolling our roads, and sobriety checkpoints will be set up.

It is very dangerous to drive distracted or impaired.  But especially on Halloween with excited kids darting out in the middle of the street or simply crossing without looking, all drivers should be vigilant, keep their eyes on the road and be prepared to stop.

If you plan to go out and enjoy alcoholic beverages, please have a designated driver, use a taxi, Uber, or Lyft.  Please make sure not to turn a good time into a tragedy for yourself or others.

Also keep in mind, a charge of driving while impaired can be expensive. People charged with DWI can lose their license and may have to pay thousands of dollars in court fees and increased insurance premiums.

Have a good time this weekend and be safe!

By Jana H. Collins