North Carolina Car Accident Lawyer Blog

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

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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