The aroma of hotdogs and hamburgers is soon going to fill the air! Memorial Day is upon us! Most know this holiday as one filled with family cookouts and time spent at the beach. Wilmington natives avoid traffic, as they know this city is a premier destination for those all over the state. For tourist’s driving to the local area, it is advised to leave home early in order to help avoid traffic that occurs on the highways. This year, the NCDOT is halting construction projects on major highways in an effort to help its citizens reach their holiday destinations safely and without strife. According to the NCDOT website, NCDOT will put on hold most construction projects along interstate, N.C. and U.S. routes from 4 p.m. on Friday, May 22, until 9 a.m. on Tuesday, May 26, with these exceptions:

• U.S. 158 (Elizabeth Street) in Elizabeth City is reduced to one lane in each direction from Road Street to the Pasquotank River Bridge for resurfacing and construction of a new bridge;
• U.S. 264 in Dare County will be reduced to one of two lanes controlled by temporary traffic signals in three locations for the replacement of three bridges. Lane closures are located between Stumpy Point and the Hyde County line;
• Two bridges in Brunswick County on N.C. 211 over the Honey Island Swamp will have intermittent lane closures in order for crews to realign the roadway and replace both bridges and approaches;
• Third Street in New Hanover County is closed for a bridge replacement with a signed detour;
• I-85 southbound between the Virginia state line and the U.S. 1 interchange will have lane closures in place day and night as crews work to strengthen the shoulders and patch concrete; and
• I-73 in Guilford County is reduced to two lanes in each direction between Wendover Avenue and I-85.

Today, the NCDOT launched its “Click It or Ticket” campaign. This campaign reminds drivers and passengers alike that everyone in the vehicle must properly wear their seat belts at all times. Not wearing a seat belt is unsafe and costly; court costs for this infraction are typically around $160.00.

With most activities that occur during the holiday, adults will be drinking alcoholic beverages. Please remember to have a designated driver if you plan on drinking. According to MADD (Mothers Against Drunk Driving), every two minutes, a person is injured in a drunk driving accident.

If you will be in the waterway’s this weekend, remember to wear proper life jackets. In 2013, the U.S. Coast Guard counted 4,062 accidents, 560 deaths, 2,620 injuries, and approximately $39 million dollars of property damage as a result of recreational boating accidents. Where cause of death was known, 77% of fatal boating accident victims drowned. Of those drowning victims, 84% were not wearing a life jacket.

May is also Motorcycle Awareness Month. Be sure to share the road and check all areas surrounding your vehicle before changing lanes.

If you or someone you know have been hurt in a boating or motorcycle accident, or is seeking representation in a criminal or traffic matter, please call the professionals at Collins Law Firm for a confidential consultation at 910-793-9000.

By: Brittany Bryant, Legal Assistant

On Tuesday night, May 12, 2015, an Amtrak train traveling from Washington, DC to New York City derailed in the Port Richmond neighborhood of northeast Philadelphia, leaving at least seven people dead and more than 200 injured. At 9:30p.m, during this seemingly normal commute, Amtrak Northeast Regional Train 188 approached a bend, traveling at a speed of 106 MPH, more than twice the speed limit (of 50 MPH) in this area of the track.

Investigators are now trying to determine the cause of this terrifying accident; is the engineer to blame, did equipment fail, or was something even entirely different the cause of this tragedy?  Some believe that the real issue is the absence of available safety technology which could have prevented the derailment of Amtrak Train 188.  When using this safety technology called Positive Train Control (PTC), especially equipped trains receive reliable and functional information, preventing unsafe train movements and thereby preventing accidents from happening.  PTC Systems monitor the movement of trains and take control over a train in case of human error.

In 2008 Congress mandated the implementation of PTC technology across most of our nation’s railroads by the end of 2015.  While Amtrak has already installed the technology in parts of its Northeast Corridor, questions remain as to why the technology was not available on a critical stretch, the curve in the Port Richmond neighborhood, where Amtrak Northeast Regional Train 188 derailed this past Tuesday night.

For many involved in this tragic accident, questions rise on how to cope with their losses and how to move on.  Obviously, those who were killed in the accident cannot be brought back to life, injuries that were sustained cannot be undone.  However, damages which can be recovered are compensation for the pain and suffering of the injured or deceased, expenses for medical care as a result of the injury, and so on.  Further investigation of the accident will reveal if punitive damages can also be recovered.

Amtrak’s liability however is capped at $200 million per accident.  While $200 million appears to be a large amount, in an accident as large as this one, the funds can become depleted quite quickly.

If you or someone you know have been hurt in a train accident, please call the professionals at Collins Law Firm for a free confidential in depth consultation at 910-793-9000.

By Jana H. Collins

”Let it snow, let it snow, let it snow” is the chant all the New Hanover County kids are chanting this morning as they await their winter wonderland. In anticipation of inclement weather New Hanover, Pender, Brunswick, Columbus, Bladen, and other surrounding counties have all cancelled school today and will probably do the same for tomorrow. In addition to schools being cancelled, many courts are closed as well.

While hopes are to get the fun and exciting snow, for now it seems that it is just a lot of sleet and ice. This can cause for slick and dangerous roads, especially for those who are not familiar with driving in these types of conditions. A good rule of thumb is to just stay off the roads, however if you must go out driving here are a few tips for safe driving:

1. Decrease your speed and leave yourself plenty of room to stop

2. When braking, brake gently to avoid skidding and if your wheels start to lock up then ease off the break.

3. Turn your lights on to increase your visibility to other motorists.

4. Keep your lights and windshield clean.

5. Use lower gears to keep traction, especially on hills.

6. Don’t use cruise control or overdrive

7. Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like bridges.

Be careful on the roads and avoid any unnecessary trips out of the house, yet if you or someone you know finds yourself in an accident or with a citation during this arctic takeover, then please contact us at Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation.

By Rachel Reynolds, Paralegal at Collins Law Firm

Year after year during the Thanksgiving holiday period we experience one of the most travel heavy times of the year.  This year a large storm threatens our Thanksgiving holiday travel and may require a lot of patience while on the roads.

This year, the North Carolina Highway Patrol along with numerous state police agencies will be patrolling along the I-40 corridor in an attempt to ensure a safe and uneventful driving environment through constant visibility.

In addition to the presence of law enforcement, motorists are urged to inform the State Highway Patrol at *Hp or at *47 of any careless or reckless driving they may observe.

Also, law enforcement all over North Carolina launched the Thanksgiving “Click it or Ticket” campaign, which will last through Sunday, December 1, 2013 in order to crack down on drivers who do not wear their seat belts.

While during last year’s Thanksgiving holiday, 11 fatal crashes and 432 injury collisions occurred, our law enforcement is hopeful to save lives and prevent injuries.

Spend this Thanksgiving holiday with your friends and or family, enjoy your turkey and pumpkin pie, and have a few drinks if you wish, but please, be patient in this holiday traffic and if you drink, do not drive – take a cab or have a designated driver.

Remember, should you receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI this Thanksgiving holiday, call us at (910) 793-9000(910) 793-9000 .

By Jana Collins

In just a few weeks a new law will be going into effect in North Carolina called “The Hassani N. Wesley Students’ School Bus Safety Act.” This act was passed earlier this year, but is scheduled to come into effect on December 1^st, 2013. This bill will ultimately create harsher penalties for North Carolina drivers who illegally pass school buses.

The name of the bill originated from the unfortunate death of 11-year old, Hassani N. Wesley, who tragically died in December 2012 in Forsyth County, as he was struck by a vehicle which made an illegal pass of a stopped school bus. Unfortunately Hassani Wesley has not been the only fatality this calendar year – on October 17^th, 2013 MaKinzy Smith, a Rowan County teen was killed after he was hit by a car while crossing a two-lane road northeast of Salisbury to board his bus. Makinzy Smith’s death marked the 5^th fatality from school bus-related collisions this year and the 13^th student killed since 1998 in North Carolina after motorists illegally passed or did not heed a bus’s stop sign arm.

It goes without saying that everyone, state educators, politicians, and transportation authorities are welcoming the new law in hopes that the stricter punishments will change this growing statistic.

Pursuant to the current state law it is illegal to pass a stopped school bus  when a school bus’ mechanical stop arm is out or flashing red lights are on. Passing a stopped school bus is categorized as a misdemeanor, and if convicted, the driver will receive 5 points on their license and up to a $200 fine. However, if a driver strikes an individual it is categorized as a Class I felony and if the accident results in death it is then a Class H felony.

On December 1^st, 2013, under the Hassani N. Weslet Students’ School Bus Safety Act, a driver who passes a stopped school bus will be charged with a Class I misdemeanor and receive a minimum fine of $500 – a substantial increase from the previous $200 maximum.  In case of a second conviction under this new law within a three-year period one will have their driver’s license revoked for one year. If one is charges with a violation of this new law, they are not eligible for a prayer for judgment (P.J.C.) continued under any circumstances.

If you or anyone you know is charged with passing a stopped school bus, before or after December 1^st, 2013 then please contact Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation.

By Rachel Reynolds, Paralegal at Collins Law Firm

While the Easter holiday is traditionally not a heavy traffic weekend, this spring’s decrease in gas prices and predictions of pleasant weather for this Easter weekend may impact travel.  In addition, many North Carolina schools are on spring break contributing to traffic congestion.

However, do not try to make up for time lost by speeding—according to the North Carolina Department of Transportation, speeding is one of the main causes of crashes and fatalities on North Carolina reads and was a factor in nearly 400 deaths last year.

Due to the increased amount of traffic it is especially critical to pay a little more attention to the speed limits and your driving habits during this holiday travel time.

Also, the Governor’s Highway Safety Program has teamed up with law enforcement across the state to step up enforcement as part of its “No Need 2 Speed” campaign in order to get motorists to obey the speed limit and slow down.

The focus of the officers’ effort will be noticeable on all roads, including interstates, major highways, rural two-lane roads and city streets across the state.

This week-long campaign was kicked off on Sunday, March 24, 2013 and will last through March 31, 2013.

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(910) 793-9000.

By Jana H. Collins, Office Manager

This weekend, on March 17, we will be celebrating Saint Patrick’s Day which is a cultural and religious holiday.  Saint Patrick (AD 385–461), after whom this holiday is named, is the most commonly recognized of the patron saints of Ireland.

Saint Patrick’s Day commemorates the arrival of Christianity in Ireland and was made an official feast day in the early 17th century.  This holiday is observed by the Catholic Church, the Anglican Church, the Eastern Orthodox Church and the Lutheran Church.  Nowadays, Saint Patrick’s Day has also become a celebration of Irishness and Irish Culture in general.

Celebrations of Saint Patrick’s Day involve public parades and festivities, and the wearing of green attire and shamrocks.  Prohibitions of the Lenten season against the consumption of meat and drinking alcohol are waived for the day.

Last year, unfortunately, more than 200 fatal collisions occurred due to drunk drivers who decided to get behind the wheel after Saint Patrick’s Day celebrations.

In an effort to deter those who have been drinking from getting behind the wheel, thousands of law enforcement officers across the state will be on patrol and DWI checkpoints.

If you find yourself questioning weather you had too many stouts, lagers, cream ales, ales, or else, do not risk getting arrested or worse, endangering your life or the lives of others. Play it safe and call a cab 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(910) 793-9000 .

Stay safe, Wilmington!

By Jana H. Collins, Office Manager

The first Thanksgiving was celebrated in 1621 to commemorate a bountiful harvest in the Plymouth Colony. Americans have kept that tradition alive throughout the years, gathering with friends and family on the fourth Thursday of November to eat, drink, watch football, and of course, stay up all night to get the best deals on holiday shopping. While the meaning behind this holiday has remained the same over the years- to celebrate the things we have to be thankful for- the Colonists and Native Americans did not encounter two issues that Thanksgiving and the holiday season bring us today- an increase in traffic and an increase in drinking and driving.

According to AAA, this turkey day is going to be a busy one for travel.  More than 43 million Americans will travel at least 50 miles over the Thanksgiving holiday period and 90% of travelers will be driving to their Thanksgiving destination. That means congested highways, frustrated drivers, and vigilant law enforcement.

Help ease your travel woes this Thanksgiving by following a few simple guidelines:
•    Considering traveling on a less busy travel day-the Wednesday before and the Sunday after Thanksgiving are the two worst.
•     Don’t give into the temptation to speed. It won’t get you there much faster and it can lead to a ticket or worse, a collision.
•    Wear your seat belt: Police will also be looking for seat belt violators and wearing your seat belt during an accident may mean the difference between life and death.
•    Don’t text and drive. Taking your eyes off the road for just a second or two can have tragic consequences.
•    Understand that traffic will be heavy and don’t let your frustrations tempt you to take chances. Keep your family’s safety your number one priority.

The night before Thanksgiving is also one of the busiest bar nights of the year, combined with the high number of travelers on the road, can have tragic consequences. This may be why Thanksgiving has the most drunk driving related fatalities of any other holiday. Law enforcement will be on high alert, in an effort to keep citizens safe.  Don’t put yourself at risk of getting a DUI/DWI or worse, harming yourself or others in an alcohol related accident.

Go ahead and stuff yourself with turkey and pumpkin pie, have a few drinks and be merry. But please, take your time in the holiday traffic and if you drink, don’t drive- take a cab or have a designated driver. Remember, if you do receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI this holiday season, call us at (910) 793-9000(910) 793-9000. Stay safe Wilmington!

By Lauren Seidel, Paralegal

The Fourth of July celebration is commonly associated with fireworks, parades, hot dogs, picnics, and other parties.  Also, it is a day where many Americans will be consuming alcohol.

As North Carolinians across the state flock to the Southeastern North Carolina coast to celebrate the 4^th of July Weekend, the state has begun “Booze It & Lose It: Operation Firecracker” to deter drunk drivers across the entire state and remove impaired drivers from the roads.  Operation Firecracker began Monday, June 27, and continues through Monday, July 4.

Operation Firecracker is conducted by the North Carolina Department of Transportation and it coordinates the Highway Patrol, sheriff’s offices and police departments.  During this period there will be additional checkpoints and stepped up patrols that will be conducted across the state.

The Fourth of July holiday is considered one of the deadliest for highway travel.  In 2010, according to the North Carolina Department of Transportation, there were 205 alcohol-related automobile accidents during the Independence holiday, which resulted in six deaths.  Additionally, alcohol-related crashes also accounted for 105 injuries in the state during the same week last year.  During the 2010 “Booze It & Lose it: Operation Firecracker” campaign officers conducted more than 4,600 patrols and checkpoints, which resulted in more than 1,200 North Carolina motorists being charged with driving while impaired.

This means there will be an increased police presence at the beaches in Pender, New Hanover, and Brunswick Counties.  The beaches that will be affected will be Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you, call Collins Law Firm at: 910-793-9000 for a confidential consultation.