North Carolina Car Accident Lawyer Blog

According to a Charlotte Observer/WCNC-TV Poll, 47% of respondents want the state to ban drivers from any kind of cell phone use while operating their vehicles in North Carolina. 40% of the poll’s respondents think cell phone use should still be allowed but that hand-held devices should be banned.

Current North Carolina legislature prohibits all motorists from texting, but only school bus drivers and motorists younger than 18 are not allowed to talk on a cell phone while operating their autos. Meantime, there are a number of US States that only allow drivers to talk on hands-free devices.

Our Charlotte, North Carolina car accident lawyers believes that the fact that so many people are now realizing how dangerous it is to talk on a cell phone while driving is progress toward preventing distracted driving accidents from happening. However, there are still drivers in North Carolina and South Carolina who text and it is still legal for most motorists to talk on a phone while driving. As a result, people are continuing to get hurt in cell phone driving accidents.

Cell phone use and texting inevitably distract the driver, taking his/her eyes and mind off the road, and slowing down the motorist’s reflexes. These distracted driving habits also increase the risk that the driver might accidentally strike a pedestrian or another car.

Hopefully, we are fast approaching the day when there will be a stigma attached to distracted driving the way there is with driving drunk.

Poll: Driving and phoning shouldn't mix, Charlotte Observer, February 22, 2010

Cell Phone Laws, Insurance Institute for Highway Safety

Related Web Resources:
Distracted Driving, National Safety Council

FocusDriven

Continue reading "North Carolina Distracted Driving: Voters Want Tougher Laws Restricting Cell Phone While Driving Restrictions, Says Media Poll" »

William Lee Hemphill, 88, has filed a North Carolina auto products liability lawsuit against Toyota Motor Sales USA, Toyota Motor Corp, and car dealer Flow Imports Inc. for injuries he sustained when his 2004 Lexus LS43) accelerated out of control.

Hemphill’s Guilford County, North Carolina injury lawsuit claims that his Lexus went into “uncontrolled rapid acceleration” as he was driving out of a parking garage on December 11. The Greensboro driver managed to avoid striking any pedestrians, but his car struck a building pillar before driving into an electrical transformer.

The 88-year-old broke his leg and is now at a Greensboro rehabilitation center. Hemphill claims that his Lexus had accelerated involuntarily before. He says that before the North Carolina car crash happened, he took his Lexus to Flow. The dealer repaired a broken hook on the driver’s side floor mat before telling him that the vehicle was safe to drive.

According to Hemphill’s North Carolina car accident attorney, Toyota’s acceleration issues have injured or killed over 2,000 people. More than 8.5 million Toyota vehicles have been recalled.

Yesterday, in front of the US house, a woman that lost her son, daughter, son-in-law, and granddaughter when the Lexus ES 350 sedan they were riding accelerated out of control to over 100 mph before crashing and killing everyone in the car spoke about the need to make sure that another family does not suffer this kind of massive loss because of a Toyota auto defect. The August 2009 runaway Toyota car crash occurred because the gas pedal got stuck in the floor mat.

Also yesterday, Akio Toyoda, the grandson of the man who founded Toyota, went before Congress to apologize to the family and the millions of Toyota vehicle owners.

Greensboro man sues Toyota after accelerator problems, crash, News & Record, February 24, 2010

Lastrella puts tragic face on Toyota recalls, Washington Post, February 24, 2010

Related Web Resource:
Toyota Motor Corporation

21-year-old Brendan Duan Bass has been charged with driving while impaired. Authorities say the Durham local was driving Thursday when he struck Vickie Elaine Riley, 48, also a local resident. Bass then lost control of his car and hit a Mercury Mountaineer before crashing into a pole, striking a sign on the curb, breaking a chain link fence, and ramming into a car that was parked.

Riley was pronounced dead at the Durham car accident site. Police say that Bass also faces charges over using fictitious tags, driving without insurance, and driving without a license.

North Carolina Pedestrian Accidents
Time and again, our Charlotte, North Carolina car accident lawyers speak with pedestrians who have gotten seriously hurt because a driver was careless, reckless, or negligent or because the motor vehicle involved had a defective auto part. We know how devastating it can be to have your life suddenly change in an instant.

It is important that you get medical help right away and that you document as much information as possible about the traffic accident. You should also contact a Charlotte-Mecklenburg County pedestrian accident lawyer to discuss your case.

Pedestrian accidents occur far too often. And while medical insurance can help cover some of the medical costs, if you or someone you love was seriously injured, you will likely have had to undergo costly medical procedures, lengthy rehabilitation, and taken time off from work (which can lead to lost wages).

Pedestrian killed; driver charged, News & Observer, February 20, 2010

Man charged with DWI after pedestrian killed, WRAL, February 19, 2010

Related Web Resources:
NCDOT: Division of Motor Vehicles

Pedestrian Accidents, Justia

Continue reading "Durham Pedestrian Accident Involving Allegedly Drunk Driver Claims Life of 48-Year-Old Woman" »

A judge has approved the $5 million South Carolina wrongful death settlement reached between the insurance company of Sharon King and the family of Thomas Hoskins. Hoskins, 49, was one of two bicyclists killed in a 2007 traffic crash involving a Chrysler Pacifica driven by King.

King is accused of causing the South Carolina car crash while talking on a cell phone. Her defense team, however, have argued that although she was distracted, she had dogs in the car and she was getting ready to operate the radio, King was not holding the phone when the South Carolina bicycle accident happened.

However, by agreeing to settle King is acknowledging that her distracted driving contributed to causing the South Carolina traffic accident. She also pleaded guilty to reckless driving in both bicyclists' deaths. According to court records, when the car crash happened, King could see the road clearly, the weather was good, there was hardly any traffic, and the bicyclists had the right of way and were on the right side of the road.

Last December, a $2.5 million South Carolina wrongful death settlement was reached in the death of the other bicyclist, Lee Anne Barry.

The distracted driving accident involving Barry and Hoskins is just one more example of how dangerous it is to talk on a cell phone or text message while driving. Multi-tasking is not a productive habit when you are operating a motor vehicle.

Cell phone driving, texting, fiddling with the stereo or an MP3 player, putting on makeup, watching TV, surfing the Web, eating hot foods, playing games on your cell phone, or painting your nails are activities that can kill you and other people when you do them while driving. At this time, it is still legal to talk on a handheld device or text message while operating a car in South Carolina.

$5 million payment settles lawsuit, The State, February 5, 2010

Five million reasons to stay off phone while driving, Palmetto Scoop, February 6, 2010

Related Web Resources:
Distracted Driving

Cell Phone Laws, Insurance Institute for Highway Safety

Continue reading "$5 Million Wrongful Death Settlement Reached in South Carolina Cell Phone Driving Accident that Killed Bicyclist " »

12 people were injured in Charlotte, North Carolina on Tuesday morning when a tractor-trailer and Charlotte-Mecklenburg school bus No. 106 collided. 11 of the students and the school bus driver were treated for minor injuries.

School bus drivers and truck drivers are responsible for safely navigating their large vehicles so that no one gets hurt. When carelessness or negligence leads to injuries or deaths, the driver can be held liable for personal injury or wrongful death.

School Bus Accidents
As a parent or guardian, we know that you entrust a school bus driver with your child’s safety every time you allow him/her to ride the bus. If your child got hurt because a school bus driver was distracted, did not obey the traffic laws, or was speeding or driving under the influence of alcohol or drugs, you may have a Charlotte, North Carolina bus accident case against the bus driver, the school district, and other entities.

Tractor-Trailer Accidents
Most truck companies are prepared to fight against Charlotte, North Carolina truck crash cases alleging negligence on the part of the driver or the trucking company. Some truck firms will even send someone to the crash site in an attempt to do damage control. Their representative may even try to get you to settle before you have spoken with a Charlotte, North Carolina injury lawyer or are even aware of the extent of the injuries and their resulting medical costs.

Truck drivers know that they have the upper hand in a truck collision when it comes to staying safe. They have a duty to drive safely so that others do not get hurt.

11 students, 1 adult injured in school bus accident, WCNC, February 10, 2010

Students Injured In West Charlotte School Bus Crash, WSOCTV, February 10, 2010

Related Web Resources:
Transportation, Charlotte-Mecklenburg Schools

Federal Motor Carrier Safety Administration

North Carolina Department of Transportation

Continue reading "Charlotte, North Carolina Tractor-Trailer Accident Involving School Bus Injures 12" »

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 " »