North Carolina Car Accident Lawyer Blog

The NC Court of Appeals says a mother’s wrongful death lawsuit against the city of Winston-Salem over her 7-year-old son’s tragic bicycle accident can proceed. Joshua Palomares-Beckles died on May 20, 2006 when he was fatally struck by a car driven by Michael Andrew Logan Jr.

Logan, who pleaded guilty to involuntary manslaughter, driving while impaired, and felony death by motor vehicle, had been driving on the wrong side of the street to avoid vehicles that were parked on the other side when he hit Joshua at the Wells and Freeman intersection. The bicyclist was dragged under the SUV.

In 2007, Hayluri Beckles-Palomares, Joshua's mother, sued Flow Cos, homeowner Norman Moore, and the city of Winston-Salem for North Carolina wrongful death. She claims that the street conditions, including vegetation that blocked the view and the vehicles that were parked there, contributed to her son’s wrongful death.

Beckles-Palomares accused a flow dealership of illegally parking vehicles on the street, limiting sight lines. She said that Moore was responsible for blocking the view because he didn’t trim the bushes located next to his property.

Flow and Moore settled with Beckles-Palomares in 2008. The terms of their North Carolina wrongful death settlements are confidential.

Beckles-Palomares is accusing the city of Winston-Salem of obstructing traffic and human vision, failing to regulate maintenance on its streets, and parking regulation violations. The North Carolina city sought governmental immunity, citing protection under the public-duty doctrine. In December 2008, the city asked a judge to rule in its favor without a trial. Forsyth Superior Court judge Martin denied the request, the city appealed, and an appellate court panel agreed with the judge’s ruling.

In 2008, pedalcyclists, ages 15 and under, made up 13% of all pedalcyclist deaths in the US. Losing a child is one of the toughest defeats a parent has to face. It is especially tragic to know your child would have lived were it not for the negligence of others. As the grieving parent, you may have grounds for filing a North Carolina bicycle accident complaint or a wrongful death lawsuit.

Suit can proceed, WInston-Salem Journal, February 3, 2010

Bicyclists and Other Cyclists, 2008 Traffic Safety Facts, National Highway Traffic Safety Administration (PDF)

Related Web Resources:
City of Winston-Salem, North Carolina

League of American Bicyclists

North Carolina Department of Transportation

Toyota says it has developed a remedy for the gas pedal problem that led to the recall of 2.3 million vehicles in the US last month. Another 1.9 vehicles have been recalled in China and Europe over this particular auto defect.

The sticky gas pedal issue is causing huge safety concerns and further damaging the automaker's reputation as a manufacturer of reliable, safe cars. It doesn't help that Toyota just expanded its recall of 4.2 million vehicles last November for an unrelated accelerator defect—this one involving the gas pedal and the floor mat on the driver’s side—with with another 1.1 million autos.

Four family members died last August when the gas pedal got trapped under the floor mat, which prevented the driver from being able to stop the Lexus they were riding. Instead, the vehicle accelerated to excessively high speeds before going off the road and crashing. The driver, his wife, child, and brother-in-law died from their injuries.

In December, another four people died in what could be another runaway Toyota car crash. A floor mat was not involved in this deadly collision. More than 60 runaway Toyota car incidents are said to have occurred in the past few months. Toyota has asked motorists to stop using the ill-fitting floor mats and it is replacing the gas pedals.

With this latest gas pedal defect, Toyota says it will fix the problem by reinforcing pedal assembly so that excess friction doesn’t cause the part to stick. A precision-cut steel reinforcement bar will be installed to reduce tension.

Motor vehicle and pedestrian accidents can happen when a driver loses control of his/her auto. A gas pedal defect is a serious problem and auto manufacturers should make sure this kind of issue doesn’t exist or has been fixed before distributing them for sale.

Our Charlotte, North Carolina auto products liability lawyers represent North Carolina car accident victims and their families throughout the state. With law offices conveniently located in Hickory, Monroe, and Charlotte, we are committed to helping North Carolina and South Carolina injury victims recoup their losses.

Toyota announces gas pedal fix, CNN Money, February 1, 2010

Toyota recalls 2.3 million autos, MSNBC, January 22, 2010

Related Web Resources:
Toyota Motor Corporation

Safercar.gov

A North Carolina traffic accident involving a school bus and a pickup truck has left the truck driver and several students with injuries. The Elizabeth City bus collision happened on Tuesday at around 3:39 pm at the US Highway 17 and Main Street intersection when one of the motor vehicles ran a traffic light.

The pickup truck struck Bus 137, which was carrying 42 students from Pasquotank High School and Elizabeth City Middle School. The school bus overturned, and 11 people were hurt.

Most of the students sustained bruises, joint injuries, bruises, and cuts, or experienced back or neck pain. One student suffered an asthma attack. Another student, age 15, started having seizures and was flown to a hospital for treatment of possible head injuries. The bus driver also was injured in the North Carolina bus accident.

The pickup truck’s driver, a woman in her 50’s, sustained multiple trauma and she may have internal injuries. She had to be cut from her vehicle, which had pinned her in.

According to the National Highway Traffic Safety Administration, there have been 1,409 school transportation-related crashes since 1998 resulting in 1,564 injuries, which breaks down to approximately 142 deaths/year. School-transportation-related collisions usually involves a school bus vehicle or a non-school bus that is used to transport kids to and from school or school-related activities.

Most school buses don’t have safety belts installed in the passenger seats, This can place students at risk of serious injury during a North Carolina bus crash. Kids can easily get thrown on top of each other, or into the front, back, or sides of the vehicles involved. In the event that the school bus were to overturn, students can easily strike their heads on the bus roof, resulting in injuries to minors.

North Carolina school bus accidents can happen because a driver, another motorist, or another party was negligent.

Students injured in school bus accident Tuesday, Daily Advance, January 27, 2010

Students injured in Elizabeth City school bus collision, Hampton Roads, January 27, 2010

Related Web Resources:
National Highway Traffic Safety Administration

School Transportation News

Continue reading "Elizabeth City Bus Accident Leaves Several Students with Injuries " »

A 4th Grade teacher has died from serious injuries she sustained during a Huntersville car crash on NC 73 on Thursday morning. Aimee Elisabeth Powell was driving to work at Southlake Christian Academy when she was struck in a head-on crash by Dodge pickup truck.

Huntersville police say the two autos were moving at a speed of about 50 mph when the pickup truck, driven by Stephen Todd Richard, 19, crossed the center line and hit the 25-year-old teacher’s Pontiac. Powell was transported to Carolinas Medical Center where she died that night.

Authorities have yet to determine what caused Richard's pickup truck to drive into opposing traffic. They don’t think that alcohol, drugs, or use of a cell phone contributed to the deadly Mecklenburg County car accident. However, criminal charges may be filed against Richard once police determine what caused the deadly collision. The 19-year-old also suffered serious injuries during the North Carolina head-on collision.

Head-On Crashes
Head-on collisions often result in fatalities. The abrupt manner in which they happen, with two vehicles colliding head-on into each other and then stopping abruptly doesn’t allow for much absorption of the force from the instant impact. Some of the more common causes of head-on car accidents include:

• Speeding
• Vehicle malfunction
• Accidentally driving over the center line
• Driving the wrong-way up a road
• Incorrect lane passing
• Drunk driving
• Drowsy driving
• Texting while driving
• Talking on a cell phone
• Falling asleep at the wheel
• Lane drifting

Teacher seriously injured in head-on collision, Charlotte Observer, January 21, 2010

Teacher Injured In Huntersville Crash Dies, WSOCTV, January 21, 2010

Continue reading "Huntersville Teacher Dies from North Carolina Car Accident Injuries" »

Yesterday, mourners gathered on north Tyron Street to grieve over Shalenia Smith, who sustained serious injuries in a Charlotte, North Carolina pedestrian accident on Friday night. She died on Sunday.

Karen Owens, Smith’s mother, says her daughter and friend were crossing the street after a visit to Walmart when a car driven by 28-year-old Christopher Breeding struck her. He claims that the North Carolina pedestrian accident victim ran in front of his vehicle and he was unable to stop. He also says it was difficult to see the women that night because they were wearing dark clothing.

Breeding was arrested and charged with DWI. The Charlotte-Mecklenburg Police Department says that more charges may be filed against him.

Smith leaves behind her mother and three siblings.

North Carolina Pedestrian Deaths
Losing someone you care about in a North Carolina pedestrian accident or car crash is tragic. All of a sudden, your life is irrevocably changed while the life of the person you love has been cut short for one of the worst reasons—because someone was reckless or careless or negligent. Drunk driving, speeding, texting while driving, talking on the phone will driving, failure to obey traffic signals, and driving under the influence of drugs are some reasons why pedestrian accidents happen.

Depending on the circumstances surrounding a Charlotte, North Carolina motor vehicle accident, you may be entitled to financial compensation for medical bills, funeral or cremation services, lost wages, loss of future wages, loss of benefits, punitive damages, mental trauma, pain and suffering, loss of companionship, loss of inheritance, and other damages.

Vigil honors woman, 20, killed by car, Charlotte Observer, January 19, 2010

Woman hit by DWI suspect dies from injuries, WBTV, January 19, 2010

Related Web Resources:
North Carolina Department of Transportation

Pedestrians, 2008 Traffic Safety Facts, NHTSA (PDF)

Continue reading "20-Year-Old Charlotte, North Carolina Pedestrian Struck by Alleged Drunk Driver Dies from Her Injuries" »

A number of people were injured on Thursday when their vehicles were struck by a driver who trying to avoid getting a citation for a traffic violation. Now, Christopher Cyr, 20, faces charges of careless and reckless driving, felony hit-and-run, driving without a license, felony fleeing to elude officers, possession of drug paraphernalia, and running a red light while allegedly causing several North Carolina car crashes.

At around 12:45pm yesterday, Durham Police Officer R. L. Green reportedly tried to stop Cyr, who was driving a 1996 Chevrolet pickup truck. The Raleigh resident drove into a Hog Heaven parking lot but then left as Green exited his police car.

Cyr then drove onto an Interstate 85 South entrance ramp where he hit a Toyota Camry. Police were not chasing Cyr when the Durham car crash happened. The Toyota’s driver sustained minor injuries.

Cyr entered the freeway, exiting through the Hillandale Road exit where he is accused of running a red light and crashing into a work van driven by Durham resident Matthew Furtick. The van then crashed into a 2001 Toyota Tacoma, driven by 63-year-old Burlington resident David Donovan, before going across the median and rolling over a Durham police car driven by Officer B. T. Francis.

Francis, Furtick, and Donovan were treated for injuries.

North Carolina Car Accidents
If you were injured in a North Carolina motor vehicle crash, it is important that you document as much as you can about what happened, including when and where the collision happened and who was involved. You should also obtain the contact information of the other motorists, as well as any witnesses.

Do NOT speak with the other party’s insurer without consulting with a Durham car accident law firm first. Many times, a negligent motorist’s insurance company will try to get you to settle your North Carolina motor vehicle claim before you even have an opportunity to find out about the extent of your injuries and damages, as well as how much your medical expenses, rehabilitation services, and lost wages will cost.

Man Fleeing From Traffic Stop Causes Five Accidents, DurhamCountyMyNC.com, January 14, 2010

Durham officer injured in chase, WRAL.com, January 14, 2010

Related Web Resources:
What to do after a car accident, MSN

NCDOT Division of Motor Vehicles

Continue reading "Several People Injured in Durham Car Crashes Involving Driver Who Was Fleeing From Police " »

The National Highway Safety Administration is reporting that auto manufacturers recalled 16.4 million motor vehicles last year—that’s 6 million more autos recalled than in 2008. Granted, the 492 vehicle recalls of 2009 is less than the number of vehicles recalled in 2007 and 2008, respectively, but significantly large campaigns by Ford Motor Co. and Toyota resulted in an increase in the total number of vehicles recalled for the year.

With 9 recalls involving 4.87 million autos, Toyota led the list as the auto manufacturer with the most recalls for 2009. This included the recall of at least 3.8 million vehicles after four people were killed when the floor mat on the driver’s side jammed the gas pedal, making it impossible for him stop the vehicle as it accelerated to speeds of over 100 mph before crashing.

Other large vehicle recalls of 2009:

• Ford Motor Co. announced 8 recalls involving 4.5 million motor vehicles. The car maker recalled just 1.5 million autos in 2008.

• General Motors. Co. recalled 2.2 million autos during 16 campaigns.

• Nissan Motor. Co. recalled 706,000 autos during 7 campaigns.

• Chrysler Group LLC recalled almost 590,000 autos during 15 campaigns.

• Honda announced 4 recall campaigns involving 454,000 motor vehicles.

• Hyundai Motor Co. recalled 1.3 million autos during 8 campaigns.

• Volkswagen AG recalled 100,000 autos during 8 campaigns.

Auto defects can prove dangerous for vehicle occupants and others on the road. Poorly designed seat belts, faulty seat backs, engine defects, accelerator defects, defective tires, poorly designed roofs, airbag defects, and defective brakes are just some of the many reasons why an automaker might decide to recall a particular make and model. Unfortunately, North Carolina personal injuries and wrongful deaths may already have occurred before the defective part is identified and the recall is announced.

Auto recalls surge in '09, NHTSA says, Detroit News, January 12, 2010

AutoRecalls, Justia

Related Web Resource:
Motor Vehicle Safety Defects and Recalls Campaigns, NHTSA

Continue reading "North Carolina Auto Products Liability?: NHTSA Reports 16.4 Million Vehicles Recalled in 2009 " »

Researchers are now saying that drivers who text have a six times more likely chance of being involved in a car crash than motorists who are just focused on driving. They also say that texting while driving is more dangerous than talking on a cell phone while operating a motor vehicle.

The researchers, a group of psychologists at the University of Utah, studied young adults while they were in a virtual driving simulator. All of the participants were seasoned texters. The researchers discovered that when a "driver" was texting, the motorist exhibited a decrease in reaction time when the distance between the his/or her auto and the vehicle ahead narrowed.

Researchers report that when a driver was taking on a cell phone, the motorist’s attention was divided between two tasks. This allowed the driver to navigate between two activities and adjust processing priorities based on what was needed in the moment.

Meantime, texting required the driver to take attention completely off driving and onto text messaging, lowering braking and reaction times. Reading texts also proved more distracting than composing text messages.

According to the simulator test results, compared to when a motorist was driving without distraction, driver reaction time went up 30% while texting and 9% when talking on a cell phone. More about the study and its findings can be found in Human Factors.

Texting while driving is becoming a common killer of motorists and pedestrians. There is no longer any doubt that it is a distracted driving habit that is a careless and reckless practice and one that can be grounds for a North Carolina car accident lawsuit.

Unfortunately, despite a ban in North Carolina prohibiting texting while driving, there are drivers who continue to send and receive messages.

Texting While Driving Raises Crash Risk Sixfold, Business Week, December 21, 2009

Why texting while driving is so dangerous, University of Utah, December 21, 2009

Related Web Resources:
Distraction.gov

Drowsy and Distracted Driving, NHTSA

Continue reading "Texting while Driving Increases North Carolina Car Crash Risk by Six Times" »

Witnesses say distracted driving may have contributed to causing the deadly Orange County, North Carolina train accident on December 22 that killed 26-year-old Erin Lindsey-Calkins and her five-year-old son Nicholas. Aven, her 4-month-old daughter, was pulled out of the wreckage.

According to witnesses, Lindsay-Calkins, an Efland resident, was using her cell phone as she drove toward the rail crossing. This could be the reason why though the crossing gate arm was down and the warning bells and lights went off she drove under the arm. Her vehicle then came to a stop on the train tracks and that is when an Amtrak Carolinian struck her vehicle. Nicholas was thrown from the car.

Distracted Driving
Driving while talking on a cell phone can be very dangerous. This distracted driving activity has been compared to drunk driving. One study reports that talking on a cell phone while operating a motor vehicle increases a motorist’s crash risk by up to eight times.

Although people are aware of the dangers of talking on the cell phone or text messaging, many motorists continue to practice distracted driving because they don't really comprehend that they can hurt themselves or others as a result. According to a UNC Highway Safety Research Center survey, almost 60% of adult drivers in the state have admitted to using a cell phone while operating a motor vehicle.

While there is now a statewide ban on texting or e-mailing while driving in North Carolina, only minor drivers and school bus operators are banned from using a cell phone while driving. Unlike some other states, there is no ban on handheld cell phones.

This week, the federal government launched Distraction.gov. The Web site is dedicated to fighting distracted driving through education, information, and awareness.

A driver can be held liable for causing a North Carolina car accident if he or she was engaged in distracted driving at the time of the collision. Some other examples of distracted driving include fidding with a stereo or GPS device, reading, putting on making-up, or applying nail polish. These seemingly harmless activities have resulted in injuries and deaths.

Train victim was on her cell phone, Newsobserver.com, December 31, 2009

Woman, child killed in train collision, ABC Local, December 22, 2009

Cellphones and Driving, Insurance Information Institute, December 2009

Related Web Resources:
Cell Phone Driving Laws, GHSA

Distraction.gov

Following Friday’s winter storm, it is important that South Carolina and North Carolina motorists be extra careful when driving in such dangerous road conditions. Black ice can be found on city and county roads, as well as overpasses and bridges, and the North Carolina Department of Transportation and State Highway Patrol doesn’t expected the treacherous conditions to disappear.

Motorists cannot do anything to improve the road conditions or the weather, but they are still responsible for driving safely to and from their destinations. With such hazardous road conditions to contend with, drivers cannot afford to drive drunk, text while driving, talk on a handheld cellular device, speed, or engage in any other form of distracted driving or careless motor vehicle operation. One reckless or careless act can lead to a North Carolina car crash that can cause serious injury, perhaps even destroying someone’s life.

In the event that you or someone you love is seriously injured in a North Carolina car accident or a South Carolina motor vehicle collision, do not hesitate to contact our Charlotte, North Carolina auto crash lawyers to schedule your free consultation.

Driving Safely in Snow and Ice:

• Winterize your auto.
• When necessary, use tire chains or winter tires.
• Drive slower than you usually would and adjust your speed to the road conditions.
• Pay attention.
• When slowing down to stop or turn, do so three times earlier than your normal routine.
• Keep a safe distance with the vehicle in front of you.
• Make sure your windows are clean and clear.
• Be on the lookout for extra wet or icy patches on the road.

Snowstorm cleanup in the Carolinas, Count on News2, December 21, 2009

Icy roads, closed schools in western N.C., Charlotte Observer, December 20, 2009

Related Web Resources:
Preparing for Winter Driving – How to Drive in Snow and Ice, SafeMotorist

Winter Driving Tips, AAA Exchange

A fourth person has died from injuries sustained during a tragic Hope Mills car accident last week. Brooke Paquin, whose boyfriend, Tristan Hanna, also was killed in the motor vehicle crash passed away on Saturday.

Brooke and Tristan were heading to Wrightsville Beach when, according to witnesses, Hanna’s vehicle accelerated to 65 mph, which was over 20 mph above the speed limit, before driving into oncoming traffic and striking the vehicle carrying Hien Truong, his wife Huyen, and baby daughter Hannah, who was about to celebrate her first birthday.

Hien, Hannah, and Tristan all died that night. Huyen was transported to a hospital where she was admitted in critical condition. Tristan’s father says his son, who has epilepsy, may have been having a seizure when the deadly North Carolina car accident happened.

At least 11 other people died in North Carolina car crashes last week. Among the fatalities:

• A three-vehicle Wake Forest auto wreck on Highway 1 claimed the life of Robert Ernesto Harris.

• Two people, Bryan William Meyer and Justin Christopher Thomas Dufur, were killed in a single-vehicle Raleigh auto accident. According to police, Dufur was driving 15 mph above the 45 mph speed limit.

• Melinda Grossman was fatally struck while trying to pick up a cat that had been struck by another auto. The Carrboro traffic crash victim was 60.

• 16-year-old passenger Gavin Boyd Westover died from injuries he sustained in a Knightdale auto crash.

• Two young siblings, 6-year-old Hassan Bingham and 9-year-old Calvin Brandon, died in a Durham train crash when a train hit their mom’s SUV.

Week of wrecks leaves 15 people dead, WRAL, December 14, 2009

Father: Seizure may have led to fatal Hope Mills wreck, WRAL, December 14, 2009

Fourth person dies of injuries from Hope Mills crash, FayObserver, December 13, 2009

Related Web Resources:
Car Accidents, Justia

North Carolina State Highway Patrol

National Safety Commission

Continue reading "Hope Mills, North Carolina Car Accident Claims Fourth Fatality " »

According to the NewsObserver.com, the driver charged with involuntary manslaughter, careless and reckless driving, and misdemeanor death by vehicle for allegedly causing the head-on Raleigh car accident that claimed the life of motorist Teresa Bagley Weintraub has a history of speeding. State records show that 24-year-old Aleksey Glazunov has been ticketed seven times for speeding since April 2005.

The North Carolina auto collision report estimates that Glazunov was driving about 20 mph above the speed limit on the night of December 2 when, while trying to pass a number of motor vehicles, he lost control of his car and drove off the road. In an attempt to get back on, he appears to have overcorrected his vehicle and driven into oncoming traffic.

While Glazunov was able to avoid striking several cars, he lost control of his auto again, drove off the road again, and drove back onto the road again, where he collided head on with Weintraub’s vehicle. The 57-year-old North Carolina car accident victim was taken to a hospital where she was later pronounced dead.

Speeding
Driving even a few miles above the legal speed limit can increase the chances that a driver will lose control of his or her auto. For every 10 mph faster than 50 mph that a motorist travels, the driver doubles his or her fatality risk in the event of a car crash. The faster a driver is going, the longer it will take to stop the vehicle when abruptly stepping on the brakes, the greater the force of impact, and the more serious the injuries that can be sustained.

Speeding causes undue stress, places people's lives at risk, and can prevent someone from ever arriving at their destination. Why gamble the rest of your life on getting someplace just a few minutes earlier?

Charges added in fatal accident, NewsObserver, December 11, 2009

Man charged in fatal head-on crash, ABC Local, December 4, 2009

Related Web Resources:
Get up to speed on driving too fast

Q&As: Speed and speed limits, Insurance Institute for Highway Safety

Continue reading "Driver Accused of Causing Fatal Raleigh Car Accident Has a History of Speeding" »