North Carolina Car Accident Lawyer Blog

Albert Arnott is dead. The Plymouth local, who couldn’t walk but was able to ride a bicycle across the US, sustained fatal injuries when he was struck by a pickup truck while riding his recumbent machine on US Highway 61. The North Carolina truck accident happened on July 31.

Arnott, 60, became disabled during a work accident nearly two decades ago when he fell from a tree while landscaping. He sustained a traumatic brain injury and lost his ability to walk. However, that didn’t stop him from training himself to walking on crutches and cycle.

The driver of the pickup truck, 30-year-old Justin Mark Keaton, says he did not see Arnott. This week, Keaton was charged with misdemeanor death by motor vehicle.

North Carolina Pedalcyclist Accidents
It is so important for drivers to remember that they share the road with pedalcyclists. North Carolina bicycle accidents do claim lives and often, the motorist that struck the rider can be charged with a crime even though he/she never intended to hurt anyone. He/she can also become the defendant of a North Carolina personal injury case.

In another recent North Carolina bicycle accident, Linda Sink is charged with misdemeanor death by motor vehicle and failure to reduce speed because she accidentally struck two cyclists with her car last month in Stokes County. Police say that she wasn’t paying attention—an allegation that she disputes.

Killed in this North Carolina traffic crash was 62-year-old Donald Sunday. The other rider, 62-year-old Barry Leonard, suffered a broken pelvis.

How drivers can avoid hitting bicyclists:

• Obey traffic laws
• Don’t speed
• Don’t drive drunk
• Don’t talk text while driving
• Watch out for cyclists
• Be carefully when passing a bicyclist

Truck driver is charged in cyclist's death on U.S. 601, Winston-Salem Journal, August 6, 2010

Native cyclist killed in N.C. wreck, Citizens Voice, August 4, 2010

Driver Charged In Fatal Wreck Involving Bicyclists, Digitriad, July 28, 2010

A bicyclist's death, Winston-Salem Journal, July 28, 2010

Related Web Resources:
Division of Bicycle and Pedestrian Transportation, North Carolina Department of Transportation

Bicycle Safety and Access, University of NC Highway Safety Research Center

Continue reading "Disabled Plymouth Cyclist Killed in North Carolina Truck Accident" »

A Rockwell who turned himself in after he struck a group of bicyclists with his SUV and then fled the Cabarrus County bicycle accident site faces six felony counts of hit and run. The North Carolina bicycle accident occurred on the evening of May 19 when Daniel Burton Wilson crossed the the double line on the road and hit the riders.

Although six cyclists were reportedly hit during the North Carolina motor vehicle accident, only four of them were taken to the hospital. Two of them were treated at the accident site. Their injuries ranged from a broken collarbone to a concussion. Among the injury victims, Concord bicyclist Tim Sigmon had to undergo three leg surgeries, while Mt. Pleasant bicyclist Jack King will have to undergo surgery on his collarbone.

The group of cyclists that Wilson struck belong to the Subaru-Gary Fisher Cycling Team. They were reportedly riding in a single-file line at about 30 mph when the SUV hit them.

It was just last month that the team’s manager, Adam Little, died when he was hit by a car. The Charlotte, North Carolina man was riding his bike along the NC Highway 49 shoulder close to the intersection of US Highway 601 when a car drove onto to the shoulder striking him from behind. According to a police report, the 35-year-old bicyclist was thrown into the air before landing on the grass.

Stacy Renee Shaw, the driver of the vehicle that struck Little, is charged with misdemeanor death by vehicle, failure to notify the North Carolina Division of Motor Vehicles of an address change, and a child restraint violations. The 24-year-old driver says she did not see Little on his bike.

Little leaves behind his wife Melissa and their two daughters.

Man in cyclists' incident pleaded guilty earlier, Salisbury Post, June 3, 2010

SUV driver charged with ramming into elite cycling team, WFAE.org, May 21, 2010

Funeral details for cyclist struck and killed, March 17, 2010

Continue reading "Rockwell Man Struck Six Bicyclists in Cabarrus County Hit-and-Run Accident" »

To mark National Bike Month, our Charlotte, North Carolina car accident lawyers would like to remind bicyclists to exercise the necessary safety precautions when on the road. While there is nothing you can do to stop a motorist from driving carelessly or recklessly, there are steps that you can take to decrease the chances of serious injury or death during a traffic crash, including:

• Wear a helmet (Can reduce traumatic brain injury risk by 88%)
• Obey traffic laws
• Pay attention to the motorists and pedestrians around you
• Use a bicycle headlight if you are riding at night
• Wear clothing that makes it easy for motorists see you
• When cycling next to parked vehicles watch out for drivers opening their doors to get out of their vehicles
• Ride in the same direction that traffic is headed
• Stay out of driver’s blind spots so that they can see you
• Make sure you have a bicycle mirror
• Watch out for vehicles at cross streets, parking places, and driveways
• Don’t swerve when looking behind you to check traffic
• Make sure your bicycle is properly maintained

Unfortunately, bicyclists are at high risk of serious injury whenever they are hit by a car, truck, motorcycle, or bus. The medical costs for treating spinal cord injuries, traumatic brain injuries, disfigurement, and other catastrophic injuries can be unaffordable unless you receive North Carolina bicycle accident compensation that you are owed.

Bike Month 2010, The League of American Bicyclists

Related Web Resources:
How to Celebrate National Bike Month, eHow

How to Not Get Hit by Cars, BicycleSafe.com

Continue reading "National Bike Month is a Reminder to North Carolina Bicyclists to Practice Safe Riding" »

According to the National Highway Traffic Safety Administration, the number of traffic deaths went down to its lowest level since 1954 with 33,963 fatalities in 2009. That’s 3,300 less traffic fatalities than in 2008. The fatality rate, which factors in the number of miles traveled, hit its lowest level ever.

While US Department of Transportation Secretary Ray LaHood acknowledged that this news was positive, he noted that there were still too many people dying in traffic accidents throughout the US.

The NHTSA attributes the drop in traffic deaths last year to its continued efforts to stop drunk driving, remind people to wear seatbelts, and prevent distracted driving. The federal government vows to keep on fighting against these driving dangers.

In North Carolina, our Charlotte car accident attorneys continue to take calls from many people who have been seriously injured in motor vehicle crashes because someone was negligent. Common causes of North Carolina traffic crashes continue to include:

• Speeding
• Distracted driving
• Drugged driving
• Texting while driving
• Cell phone use
• Failure to obey traffic laws
• Driver inexperience
• Drugged driving

It is very important that you contact an experienced Hickory car crash law firm first before speaking with the responsible party’s insurance company. If you settle your Charlotte, North Carolina car collision case without exploring your legal options, you may be signing away your right to obtain the maximum compensation possible for your spinal cord injury, traumatic brain injury, broken bones, burn injuries, neck injury, head injury, back injury, or any other personal injuries.

It can be hard to know at first glance how much medical and rehabilitation care you will need to recover. You may find yourself unable to work for months or even longer. An experienced Monroe, North Carolina car accident lawyer can help you figure all of this out and pursue your recovery for you.

Traffic Fatalities for 2009 Reach Record Low, NHTSA, March 11, 2010

Related Web Resources:
Early Estimate of Motor Vehicle Traffic Fatalities in 2009 (PDF)

University of North Carolina Highway Safety Research Center

Continue reading "NHTSA Reports 33,963 Traffic Deaths in 2009" »

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 " »

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