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 " »

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 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 " »

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" »

On December 4, the Governor's Highway Safety Program presented the “Tree of Life,” which is dedicated to the people that were killed in North Carolina car accidents in 2008. The tree stands on the State Capitol lawn in Raleigh and is decorated with 1,453 lights. 440 of the lights are red to note the people that were killed by drunk drivers.

Friday also marked the beginning of North Carolina's “Booze It & Lose It” campaign, which runs until January 3, 2010 and targets drunk drivers. Throughout the US this holiday season, federal and local safety and enforcement officials will be participating in similar initiatives to prevent drunk driving accidents.

On Monday, US Transportation Secretary Ray LaHood reminded drivers that there is nothing wrong with having fun as long as you don’t drive when you are drunk. While the national drunken driving rate dropped 7% between 2007 and 2008, too many people are still getting killed in drunk driving accidents.

Drunk driving accidents are preventable.

Nationwide, the drunk driving campaign "Over the Limit. Under Arrest” began yesterday and runs through the holiday season. Some $7 million in national radio and TV ads will air from December 16, 2009 – January 7, 2010 to remind people not to drive while impaired.

According to the National Highway Traffic Safety Administration, there were:

• Out of the 1,231 North Carolina motor vehicle deaths in 2008, 423 of the North Carolina car accident victims died in collisions involving alcohol-impaired motorists.
• 1,676 North Carolina traffic deaths in 2007.
• 497 2007 North Carolina car accidents deaths involving drunk drivers.
• 403 South Carolina drunk driving fatalities in 2008.
• 920 2008 South Carolina car accident deaths.
• 403 South Carolina drunk driving fatalities in 2008.
• 464 South Carolina drunk driving fatalities in 2007.
• 1,077 2007 South Carolina car accident deaths.

U.S. Transportation Secretary Ray LaHood Announces Intensive Holiday Drunk & Impaired Driving Crackdown & Advertising Blitz, NHTSA, December 7, 2009

Drunken driving fatalities down 7% in USA, USA Today, December 7, 2009

Related Web Resources:
Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

Governor's Highway Safety Program

Continue reading "“Tree of Life” Remembers 1,453 North Carolina Car Accident Victims that Died in 2008 as State Troopers Get Ready for "Booze It & Lose It” Campaign" »

A deadly tire blowout on Saturday caused the driver to lose control of a minivan which rolled over a number of times, ejecting 13 kids from the motor vehicle. All 13 minors were not wearing seatbelts at the time of the car crash. Two adults who were wearing safety belts were in the car with them.

Killed in the rollover accident were 38-year-old Mona Hines and 14-year-old Ashley Hines, 14-year-old Edward Barnes, 12-year-od Lachante Floyd, 12-year-old Ariel Hines, and 2-year-old Ricky Hines Jr. The 8 other kids were also hurt in the car crash, six of them with serious injuries. 28-year-old Stacy Hines was also injured. All of the car accident victims are related.

Tire Blowouts
Tire blowouts can lead to catastrophic car accidents. They can cause a tire to lose control of the vehicle, which can cause a driver to go off the road or roll over.

While it is important that a motorist make sure that tires are properly maintained, there are certain tire defects that a car maker or tire manufacturer can be held liable for if personal injuries or wrongful death result.

Examples of Tire Defects:

• Tread separation: Tire plies that separate can potentially cause a blowout. Poor bonding of tire parts, poor quality control measures, or use of poor quality solvents during the manufacture process can cause this dangerous defect.

• Multi-piece rim explosions: Can be avoided by using single piece wheels instead.

• Sidewall zipper failures: Faulty design or manufacture can lead to sidewall zipper failures that can cause a blowout.

• High-speed spin-off-failure: When one back wheel isn’t moving while the other one spins out of control. Caused by design defect.

The National Highway Traffic Administration says that about 8,000 car crashes a year resulting in deaths or serious injury are caused by tire failure.

La. crash claims 5th child victim, Boston.com/AP, December 1, 2009

Sixth crash victim dies, 2theadvocate, December 1, 2009

13 children ejected in Louisiana I-10 minivan rollover, JusticeNewsFlash, December 1, 2009

Related Web Resources:
The Center for Auto Safety

Child Passenger Safety

Continue reading "Minivan Tire Blowout Kills Six People and Injures 9 in Rollover Accident" »

Beginning tomorrow, it will become illegal for drivers to read e-mails, surf the Web, play games or music or take pictures with a cell phone, or text while driving in North Carolina. Drivers caught breaking the law will be subject to a $100 fine in addition to court expenses.

This can be a tough law to enforce, considering that drivers can still use their phones to talk on the phone while driving. A police officer might not be able to tell whether a motorist is dialing a number or sending a text.

Still, banning texting while driving will hopefully give people additional incentive to stop this dangerous distracted driving habit. UNC Highway Safety Research Center senior research associate Arthur Goodwin says texting is one of the “most dangerous” activities a motorist can engage in while behind the wheel.

Some studies suggest that texting increases the risk of a car crash happening by at least 23 times. Another study reported that texting slows down a driver’s ability to react to emergencies and increases the likelihood that a motorist might accidentally move into another lane or oncoming traffic. Other studies have compared using a cell phone while operating a motor vehicle to driving while drunk.

At this point, many people continue to text while driving even with mounting evidence that engaging in this activity while operating a motor vehicle can kill people.

Both texting while driving and talking on a cell phone while operating a motor vehicle—even though the latter isn’t illegal in North Carolina—can be considered negligent activities if a motorist injures or kills someone while engaged in either activity. If you or someone you loved was injured by a distracted driver, an experienced Charlotte, North Carolina car accident law firm can help you determine whether you have grounds for filing a personal injury claim or a wrongful death lawsuit.

Ban On Texting While Driving Kicks In Tues, WXII2.com, November 30, 2009

Texting While Driving MORE DANGEROUS Than Talking On Cell Phone, Huffington Post, July 29, 2009

New laws to target texting, reptiles, News-Record, November 29, 2009

Related Web Resources:
State Cell Phone Driving Laws, GHSA

Virginia Tech

Continue reading "Preventing North Carolina Car Accidents: Texting while Driving Becomes Illegal in the State Beginning December 1" »

According to AAA Carolinas, some 1 million people are expected to travel more than 50 miles over the Thanksgiving weekend—a 2% increase in the number of road travelers from last year. One reason for this is the state of the economy. Families are attempting to save on costs by traveling by car, bus, and train instead of by air, which is expected to experience a 7% drop in travel this year.

With more North Carolina and South Carolina motorists expected on state roads, our Hickory car crash lawyers want to remind everyone to practice safe driving habits to ensure that they arrive at their respective destinations.

The National Safety Commission says that the Thanksgiving holiday, which runs from 6pm on Wednesday until midnight on Sunday, is the most dangerous period of the year for road travel. 389 US car crash deaths happened over the Thanksgiving holiday period in 2008. Thousands of others were injured. Leading causes of injuries and fatalities included speeding, failure to use safety belts, drowsy driving, drunk driving, and distracted driving.

With many people driving long distances on Wednesday and Sunday, it is important to remember that the roads will likely be packed with tired motorists driving in traffic in an attempt to reach their destinations as soon as possible. This is one reason that it is even more crucial for motorists to refrain from negligent driving.

If you or your loved one is injured in a car crash over the Thanksgiving weekend, you may want to speak with an experienced Monroe car accident law firm to determine whether you have grounds for filing a North Carolina motor vehicle crash case.

The National Safety Commission’s Safe Tips for Driving During the Thanksgiving Weekend Include:

• Don’t rush to your destination.
• Share driving duties with another motorist.
• Take periodic driving brakes.
• Try to drive before anticipated “rush” hours.
• Get plenty of rest before driving.
• Use a seat belt.
• Make sure everyone in the car is properly secured.
• Don’t speed.
• Don’t text while driving.
• Don’t talk on the cell while driving.
• Pay attention to the road.
• Don’t drink and drive.

Thanksgiving Traffic Safety 2009, National Safety Commission

AAA Carolinas sees more NC Thanksgiving travelers, Charlotte Observer, November 23, 2009

Related Web Resources:
AAA Carolinas

Safe Driving Tips for Thanksgiving Holiday, Consumer Reports, November 24, 2009

Continue reading "With More People Expected to Travel by Road for Thanksgiving Holiday, Our Charlotte, North Carolina Car Accident Law Firm is Reminding Motorists to Drive Safely" »

According to a poll of 800 teenagers, ages 12 to 17, about half of those who drive and own cell phones have used these communication devices while operate a motor vehicle. About 1/3rd of these teenagers also admitted to text messaging while driving. The poll was conducted by the Pew Research Center’s Internet and American Life Project.

Considering that distracted driving has proven to be dangerous and new drivers tend to be less experienced at driving than adult drivers, parents should be worried that some of the teens polled wouldn’t acknowledge that texting and talking on the phone talking while driving are dangerous habits. Fortunately, many of the teens did say they are now aware that these distracted driving habits are dangerous and they claim they won’t do them anymore. However, some of these same teens say they can't help but answer a ringing phone or respond to a text sent to them while they are driving.

As our Charlotte, North Carolina car accident attorneys have said in previous blog posts, distracted driving is a common cause of many fatal traffic crashes involving not just cars and pedestrians, but also buses, large trucks, and trains. Many people seem to be having a hard time resisting the impulse to talk on the phone or text message or surf on the Internet while driving, which not only keeps them from paying attention to the road but also prevents them from reacting effectively and driving offensively/defensively while on the road so that they don't become involved in a catastrophic North Carolina car crash.

Fortunately, national and state safety and transportation officials have stepped up efforts to make people more aware of the dangers posted by texting and distracted driving. Yet many people continue to do one or both—despite the evidence that such seemingly harmless acts can kill people.

Scary statistics on teen texting, calling while driving, The Seattle Times, November 17, 2009

Half of teens say they've used cellphone while driving, USA Today, November 16, 2009

Related Web Resources:
Teenagers, Insurance Institute for Highway Safety

Pew Research Center

Continue reading "Teen Motorists and Distracted Driving: Per Poll, Approximately Half of 16- and 17-Year-Old US Drivers with Cell Phones Have Used Devices while Operating Motor Vehicles" »

A tragic North Carolina motor vehicle accident involving a tractor-trailer and a compact car at the NC 16 and NC 10 intersection has left three people dead and three others injured. The large truck collision happened on Wednesday morning when a Suzuki Aero ran a red light on NC 10 to collide with a semi-truck on NC 16. The large truck, which was carrying 55-gallon drums of oil, jackknifed.

The car’s driver, 56-year-old Joyce White, and passengers 11-year-old Cody Storey and 66-year-old Ruby Leatherman died from their injuries. Two other passengers, 12-year-old Tyler Trivette and 10-year-old Isaiah Trivette, were taken to the hospital with serious injuries. The driver of the semi-truck, 63-year-old Gastonia resident Paul Brown, was also taken to the hospital.

Jacknife Truck Crashes
A big rig truck can jackknife when the truck driver has to suddenly step on the brakes or when the brakes fail or malfunction. This can cause the truck to skid and the tractor and trailer to form a 90-degree angle with each other. This type of truck crash prove catastrophic for other motorists, who may find themselves in a collision with the large truck that is now obstructing the road.

In some North Carolina large truck cases, the liable party is the truck driver and/or trucking company. If a truck defect contributed to the semi-truck crash, then the truck manufacturer or the manufacturer of a truck part could be possible truck crash defendants. There are also tractor-trailer crashes that occur because another motorist was negligent, his or her vehicle was defective, a road was poorly designed, or a highway construction zone was not properly designated.

3 dead in crash, Hickory Record, November 12, 2009

Semi T-bones Compact Car in N.C.: Three Die, Two Injured, EMS Responder, November 13, 2009

Related Web Resource:
Large Truck Causation Study, NHTSA (PDF)

Continue reading "3 Dead and 3 Injured in North Carolina Motor Vehicle Crash involving Truck and Car" »

America, Raleigh, North Carolina is the 66h most dangerous city in the US for pedestrians. The two groups, Transportation for America and Surface Transportation Policy Partnership, say that over 76,000 US pedestrian fatalities have occurred over the last 15 years—that’s 11.8% of all traffic deaths. They want more federal funds spent on better sidewalks, crosswalks, and pedestrian/pedalcyclist safety programs.

Federal data report approximately 4,500 pedestrian deaths a year. The National Highway Traffic Safety Administration reported 4,378 pedestrian fatalities for 2008 and 69,000 pedestrian injuries. There were 160 North Carolina pedestrian deaths and 100 pedestrian fatalities in 2009.

In the Raleigh-Cary metropolitan region, there were 43 North Carolina pedestrian deaths in 2007 and 2008. Efforts are being made to improve pedestrian safety, including additional sidewalks, wider sidewalks, roundabouts for slower traffic, and wider lanes so that cars and bicycles can travel next to each other.

While local officials are responsible for making sure that roads and sidewalks and walkways are designed in a manner that minimizes the chances of a North Carolina pedestrian accident or auto collision from happening, pedestrians and motorists are also responsible for making sure that they don’t cause a Raleigh traffic crash.

Some Common Causes of North Carolina Pedestrian Accidents:

• Distracted driving
• Drowsy driving
• Drunk driving
• Speeding
• Driving fast for present road conditions
• Failing to stop at a traffic light or stop sign
• Failure to yield the right of way to a pedestrian
• Auto products liability
• Driver inexperience
• Texting or talking on the cell phone while driving

Raleigh And Cary Rank Among Most Dangerous Cities For Pedestrians, Wake.MyNc.com, November 9, 2009

Raleigh-Cary ranks No. 6 in pedestrian danger, NewsObserver, November 10, 2009

Related Web Resources:
University of North Carolina Highway Safety Research Center

Transportation for America

Surface Transportation Policy Partnership

Continue reading "Raleigh, North Carolina Ranked As #6 Most Dangerous US City for Pedestrians, Say Transportation for America and Surface Transportation Policy Partnership" »

November 2 – 8 is Drowsy Driving Prevention Week, a campaign designed by the National Sleep Foundation to make people more aware of the dangers of driver fatigue and drowsy driving. According to the NSF, sleepiness was a factor in almost two million driver deaths last year.

Yet unlike drunk driving or texting while driving, many people still don’t realize how dangerous it is to drive while sleepy or exhausted. As a matter of fact, driving while fatigued can impair a driver’s reaction time, senses, and alertness the way they would be affected if a motorist was driving drunk or under the influence or drugs.

Sleepiness or fatigue can also make it hard for a driver to focus, keep their eyes open, and pay attention to the road and other vehicles. Drowsy driving can cause a driver to feel more aggressive, impatient, or restless and he or she may not even notice that the vehicle has drifted into the next lane or into oncoming traffic. An exhausted driver is also more likely to miss exits, not notice traffic signs, or tailgate.

People most at risk of drowsy driving are drivers who haven’t gotten enough sleep, suffer from sleep apnea, drive several hours without taking a break, work long jobs, drive through the night, or drink alcohol before driving.

While drowsiness by itself is not a crime, it can become grounds for criminal charges, traffic violations, and North Carolina injury case or a wrongful death claims if sleepiness, exhaustion, or falling asleep causes the driver to cause a Charlotte, North Carolina car crash, a Hickory pedestrian accident, a Monroe motorcycle accident, or a Raleigh truck crash.

Signs You May Be Drowsy Driving:

• Your head keeps dropping.
• It’s hard to keep your eyes open.
• Staying focused is a challenge.
• You are beginning to daydream.
• You catch yourself drifting into another lane.
• You missed your exit.
• You are yawning a lot.

New Study Shows Drowsiness a Major Cause of Vehicle Crashes. Virginia Sleep Expert Offers Advice to Avoid Driver Fatigue, Save Lives, PR Web, November 2, 2009

How to Avoid Drowsy Driving, AAA Foundation (PDF)

Related Web Resources:
Drowsy Driving Prevention Week

National Sleep Foundation

Continue reading "Don't Drowsy Drive: Prevent South Carolina and North Carolina Car Accidents by Staying Awake Behind the Steering Wheel" »

A Summerfield, North Carolina bicyclist is dead after he was struck by a sport utility vehicle in a Guilford County car accident. The driver of the vehicle fled the crash site and police have been looking for the motorist.

On Monday, North Carolina Highway Patrol investigators found a Dodge Durango they believe was involved in the deadly North Carolina car crash. Police say the SUV hit David Sherman from behind and did not stop. Charges have yet to be filed in the hit and run car crash.

Sherman, 55, was a Sealy Corp. vice president. He also was a violinist for the Greensboro Philharmonia. He leaves behind his wife and two kids.

According to the state’s Department of Transportation, 268 people died in North Carolina bicycle accidents between 1997 and 2007.

2008 Pedalcyclist Accident Facts (NHTSA):

• 52,000 pedalcyclists injured
• 716 others killed
• 41 was the average age of pedalcyclists killed; age 31 was the average age for those injured.
• There were more male pedalcyclist accident victims than women victims.

Bicyclists tend to be at a disadvantage when they are involved in a traffic crash with a motor vehicle. Injuries sustained can be catastrophic, which is why it is important that the victim get medical help as soon as possible.

Leaving a North Carolina car accident site is against the law if you were involved in the collision. This is known as hit and run driving. A hit and run motorist may contribute to the injury victim’s death if he or she doesn’t try to get help as soon as possible.

If you or your loved one was injured by a hit and run driver and authorities are still looking for the suspect, you still have legal options.

Highway Patrol: Vehicle in Fatal Hit-and-Run Located, Fox 8, October 25, 2009

Update: Charges Pending In Fatal Hit And Run Of A Triad Cyclist, Digitriad, October 26, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Continue reading "Bicyclist Killed in Hit and Run North Carolina Car Accident " »

Hickory police have arrested two people in connection with the North Carolina hit-and-run car crash that killed Charlaine Taylor Sybrant and injured Joshua Keith Gajus on October 18. The North Carolina pedestrians were walking on the side of Highway 321 after their vehicle ran out of gas when they were hit by an auto that did not stay at the crash site.

Sybrant, a 22-year-old Appalachian State student, died at the Hickory car accident site. Gas, 24, injured his leg.

About an hour after the accident, Valdese police stopped a vehicle that was heavily damaged. Daniel Thomas Whisnant, 18, was arrested for driving while impaired, two counts of felony hit and run, felony serious injury by motor vehicle, and felony death by motor vehicle.

A few days after the Hickory drunk driving accident, police arrested Joey Lee Durham, 20, and charged him with one count of felony accessory after the fact. Police believe that Durham was riding in the car driven by Whisnant when he allegedly struck the two pedestrians. They are charging him for not telling police about the Hickory, North Carolina motor vehicle accident.

North Carolina Car Accidents
Even if the driver you believe caused the North Carolina car crash fled the traffic accident site, you should still contact a Hickory car crash lawyer to explore your legal options for recovery. Injuries from an auto accident can be more serious than they at first appear and you may need all the help you can get to cover medical and recovery costs if you want to recover.

Drunk driving, distracted driving, careless driving, driver error, and driver recklessness are among the most common causes of car crashes and negligent motorists can be held liable for personal injury or wrongful death.

According to the National Highway Traffic Safety Administration, 11,733 people died in drunk driving accidents in 2008. That’s 32% of all traffic deaths for the year—that’s nearly 12,000 people who might still be alive today if only certain motorists had not been driving drunk.

Student gets $37,500 after door crushed finger, OC Register, October 27, 2009

Hickory Officials Make Second Arrest in Sunday Morning Deadly Hit-and-Run, GoBlueRidgeNet, October 22, 2009

Alcohol-Impaired Driving, NHTSA 2008 Traffic Safety Facts (PDF)

Related Web Resources:
The Heavy Cost Of Drunk Driving, DrunkDriving.org

Motor Vehicle Safety, Centers for Disease Control and Prevention

A 78-Year-Old Cameron, North Carolina woman died on Thursday in a Fayetteville car crash involving three motor vehicles that occurred early in the morning. Annie Wilson Thomas was riding in a Buick LeSabre driven by Joe Ann Pelchat.

According to police, Pelchat was turning left onto Purdue Drive when she ended up in the path of a school bus. The car-bus accident caused Pelchat’s car to collide head-on with a pickup truck.

Following the multi-vehicle crash, Pelchat was taken to the intensive care for neural monitoring. Fortunately, no one riding the school bus was injured. According to a preliminary police probe, Pelchat may have failed to yield to a flashing yellow light as she turned left.

Unfortunately, this incident was not the only Fayetteville car accident to claim a life this week. On Monday, one man died and another got hurt in a North Carolina auto accident at the intersection of Interstate 295 and Ramsey Street.

Per the police’s preliminary investigation, 57-year-old Falcon resident Robert Brigman’s vehicle crossed the center line and was involved in a head-crash with a van driven by James Reeves. Brigman died at the North Carolina car crash site while Reeves, who sustained serious injuries, was flown to a hospital.

Fayetteville Car Accidents
Proving liability in any kind of North Carolina car accident can be tough—unless you have an experienced Fayetteville, North Carolian injury lawyer representing you. In many instances, no party will want to admit liability, which can prove very costly for the person who was injured because of the other party’s reckless, negligent, or careless acts.

A good Fayetteville, North Carolina injury law firm will know who to send to the crash site to gather evidence and can work with medical experts to prove your car accident case.

Woman dies after three-vehicle wreck on Raeford Road, Fayobserver.com, October 16, 2009

One killed, another injured in Fayetteville wreck, WRAL, October 13, 2009

Related Web Resources:
Auto Accident FAQs, Law Offices of Michael A Demayo

North Carolina Department of Transportation

The North Carolina State Highway Patrol is conducting Operation Drive to Live. Part of this campaign includes the Texting While Driving Initiative, which is designed to teach students about the consequences of distracted driving—especially texting while driving. As part of the program, students are allowed to ride a golf cart through a course set up with traffic cones while they text message.

It takes 10 to 15 second to compose and send a text message. When you consider that a car moving at a speed of 60 mph travels over 80 feet each second, a texting teen driver may have traveled a 10th of a mile with his or her eyes off the road. Couple driver distraction with driver inexperience typical of most drivers who are just starting to drive and the chances of being involved in a North Carolina car accident increases dramatically.

While texting while driving is dangerous when done by anyone including adults, teens are especially at risk because they text so much even when they aren’t driving. According to the Nielsen Co,, US teens sent and received nearly 80 texts a day—that’s about 2,272 texts a month—during the 4th quarter of 2008. This bad habit is not only a distraction, but it may be causing sleep deprivation, exhaustion, and repetitive stress injuries. One doctor, pediatrician Martin Joffe, says that when he surveyed students at two high schools he discovered that a lot of them sent hundreds of texts daily. This breaks down to a text every few minutes.

When you consider how hard it is for adults to resist the impulse to read a text or check an email or compose a message while driving, imagine how much harder it is for teenagers to stop this bad habit.

Yet the evidence is now indisputable. Texting while driving is dangerous and causes catastrophic car crashes. Whether you are a 16-year-old driver or a 75-year-old driver, texting while driving is negligent driving.

Highway Patrol teaches the dangers of texting and driving, Apex Herald, October 8, 2009

Texting May Be Taking a Toll, New York Times, May 25, 2009

Related Web Resources:
North Carolina Department of Crime Control & Public Safety

Teenage Driving Tips, NCCrimecontrol.org

National Safety Commission

Continue reading "Teens Taught that Texting While Driving Can Cause North Carolina Car Accidents" »

According to statistical projections provided by the National Highway Traffic Safety Administration for January – June 2009, about 16,626 people died in US traffic crashes. This figure is a 7% decline compared to the first half of last year when there were 17,871 traffic deaths.

Meantime, the Federal Highway Administration is reporting that the number of vehicle miles traveled for this time period went down compared to last year by approximately 6.1 billion miles. The fatality rate for the first six months also went down from 1.23 fatalities per 100 million VMT in 2008 to 1.15 fatalities per 100 million VMT in 2009.

While any decline in the number of traffic deaths is always positive news, there are still many people who are dying or getting hurt in motor vehicle accidents.

At around 12:45 am on Monday, 22-year-old Claudia Gonzales sustained fatal injuries when driver Victor Manuel Pena lost control of the 1996 Mazda A3S they were riding. Charlotte-Mecklenburg police say the car went off the road, struck a power pole and crosswalk signal, and rolled over a number of times.

Gonzales, who was partially thrown from the vehicle during the Charlotte car accident, was trapped under the vehicle. She was pronounced dead while at Carolinas Medical Center.

Pena, who was treated for his injuries at the same hospital, faces felony death by vehicle and driving while intoxicated charges. This would not be the 25-year-old motorist's first drunk driving offense.

In a few weeks, Pena is scheduled to be tried for DWI over an incident in Union County, North Carolina.

Last month, 18-year-old Logan Stroud died in a Kannapolis car accident when another vehicle struck his Chevy S10 pickup truck on the driver’s side. His truck rolled down an embankment close to the intersection of Kannapolis Parkway and Highway 73. Police are dealing with conflicting reports over who had the green light.

Throughout South Carolina and North Carolina, our Charlotte car accident lawyers represent injury victims and their families.

Police: Witness drove away from fatal wreck, WCNC, September 25, 2009

DWI suspect faces similar charge in Union, Charlotte Observer, October 6, 2009

Early Estimate of Motor Vehicle Traffic Fatalities for the First Half of 2009, NHTSA, October 2009 (PDF)

Related Web Resources:
Federal Highway Administration

North Carolina Department of Transportation

One month after four people died in a car accident that involved a floor mat that may have jammed the Lexus’s gas pedal to the floor, Toyota announced that it will recall 3.8 million vehicles. This is the automaker’s largest recall ever and affects eight Toyota and Lexus models, including the 2004 – 2009 Toyota Priuses and the 2007-2010 Camrys. While most of the affected autos use key ignitions, many of the vehicles have start-stop buttons, which means that unless someone presses the button for three seconds, the engine will continue to run.

According to Toyota, if the floor mat on the driver’s side comes loose and causes the accelerator pedal to jam, the vehicle may accelerate to high speeds and the driver may not be able to stop the car. Toyota is waiting to figure out a solution before recalling the affected autos. In the meantime, the auto manufacturer wants vehicle owners to remove the driver’s side floor mat from the vehicle.

On August 28, California Highway Patrol Officer Mark Saylor, 45, his wife Cleofe,45, brother-in-law Chris Lastrella, 38, and daughter Mahala, 13, died in what investigators believe is a car accident that was caused by the floor mat causing the accelerator to become stuck. Witnesses say Saylor’s Lexus was weaving through traffic at a high speed. While turning left, his auto struck a Ford Explorer before driving through a fence, hitting a dirt embankment, flying over 100 feet through the air, and catching fire after landing.

Prior to the deadly car crash, someone from the vehicle called 911 to report that the brakes on the car was not working. The car accident victims died from blunt force trauma to the torso or head.

The government has noted that this floor-mat issue has been reported 102 times and has been linked to 13 car accidents, 17 injuries, and five deaths.

Car makers can be held liable for any auto part defect that results in a North Carolina car crash. Filing an auto products liability claim against a car manufacturer can be challenging without the help of an experienced Charlotte, North Carolina products liability law firm representing you.

Toyota to recall 3.8 million vehicles, Los Angeles Times, September 30, 2009

Toyota says floor-mat recall will be its largest ever, as it's blamed for 13 crashes and five deaths, USA Today, September 29, 2009

Deadly Accident Prompts Floor Mat Warning, NBC San Diego, September 15, 2009

Related Web Resources:

A new survey by the Insurance Institute for Highway Safety that many people would like to stop anyone who is drunk from driving. 2 out of every 3 of the 1,004 people surveyed liked the idea of developing technology that would prevent drunk people from being able to start a vehicle.

Currently, there are ignition interlock devices installed in certain autos. Some people convicted of DWI have this device in their vehicles. The device is designed to prevent a convicted DWI offender whose blood alcohol content registers above a certain level from starting the auto’s engine.

Some 180,000 interlock devices are currently in operation. While they are effective at reducing the chances that a prior DWI offender will drive drunk again, not everyone who drives drunk has this device in their vehicles. According to the institute, more than 8,000 car accident victims might not have died last year if all vehicles had been equipped with interlock devices.

The Driver Alcohol Detection System for Safety is currently considering new detection technologies. Support for such a device was high among survey takers—even among participants who drink at least four times a week.

Too many lives are lost because of drunk drivers. As our Raleigh car accident law firm reported, several days ago, Dr. Raymond Cook was driving at a speed of 85 mph when he fatally struck the vehicle driven by 20-year-old Ellen Shapiro, who was a ballerina. Cook is accused of driving drunk and he is charged with second-degree murder.

In Gaston County, North Carolina, Marcus Wakefield is also charged with second-degree murder over his fiancé's Gastonia car accident death. Wakefield lost control of his vehicle on Garrison Boulevard. The car then flipped over into the Catawba Creek. While the 31-year-old driver was able to get out of the auto, Johnetta McLean did not escape. Wakefield was initially charged with just DWI.

New survey results: stop anyone impaired by alcohol from driving any vehicle, public says, Insurance Institute for Highway Safety, September 17, 2009

Gastonia Man Admits Impairment Led To Deadly Crash, WSOCTV.com, September 23, 2009

Related Web Resources:
Pubic is Ready to Lock Out Driving Over the Legal Limit, IIHS (PDF)

Mothers Against Drunk Driving

Continue reading "Stop North Carolina Car Accidents By Preventing Anyone Who is Drunk From Driving" »

Earlier this week, our North Carolina car accident lawyers posted a story about a ballet dancer who died from injuries she sustained in a Raleigh auto collision because Wake County doctor Raymond Cook ran a red light.

Elena Bright Shapiro was 20. Cook, who was allegedly drunk when the deadly North Carolina car accident happened, is charged with second-degree murder over the Raleigh traffic crash.

On Saturday, a Raleigh red light running crash claimed another life when Asheville resident James Howard Early failed to stop his vehicle as is required by law and ran into the vehicle that 28-year-old Christopher Raynor was riding in at the intersection of Westgate and Lumley roads early in the morning.

Raynor was scheduled to get married later that day. He and his groomsmen were going to breakfast together when the deadly Raleigh car accident happened.

Because Raynor wasn’t wearing a seat belt, he was ejected from the vehicle during the crash. His body was then struck by another motor vehicle.

Police have charged Early with misdemeanor death by motor vehicle and a red light violation.

Both Raynor and Shapiro were in the prime of their lives that ended suddenly because other people were allegedly negligent. It is hard enough to lose someone you love for any reason. It can be even harder to cope with that loss when you believe that your loved one would be alive today if only another party hadn’t behaved recklessly or carelessly.

Filing a Raleigh car accident claim won’t bring your loved one back, but it can help you obtain the compensation that you are owed for your loss. Obtaining Raleigh wrongful death recovery can help cover some of the financial costs that can result from losing a family member, including hospital bills, funeral expenses, income loss, and other losses.

Family, friends remember groom killed on wedding day, 2nct.com, September 17, 2009

Memorial planned for groom killed on wedding day, WRAL, September 15, 2009

Related Web Resource:
The National Campaign to Stop Red Light Running

In Wake County, Dr. Raymond Cook has been charged with second-degree murder over the red light running Raleigh car crash that claimed the life of a 20-year-old ballet dancer on Friday night. Elena Bright Shapiro was pronounced dead at a local hospital following the North Carolina auto accident.

The deadly Wake County traffic collision occurred on Strickland Road close to Leadmine Road when police say Cook, who was allegedly driving at a speed of 85 mph in a 45 mph zone, struck the vehicle that Shapiro was driving.

Cook had initially been charged with DWI, death by motor vehicle, careless driving, reckless driving, and failure to reduce speed. Today, the plastic surgeon voluntarily gave up his medical license. He also has resigned from his positions at UNC School of Medicine and with WakeMed Facial Plastic Surgery. Cook has agreed to take part in a substance abuse treatment program for doctors.

Per court documents, Cook’s eyes were “bloodshot” and “glassy,” he was swaying, his speech was slurred, and he smelled of alcohol right after Friday's deadly Raleigh car accident.

This is not Cook’s first drunk driver-related offense. He pleaded no contest to driving under the influence of alcohol when he was charged in Georgia in 1989.

Meantime, Elena Bright Shapiro was buried in Winston-Salem today.

Our Raleigh car accident lawyers cannot stress enough how dangerous it is for a driver to run a red light. According to the National Highway Traffic Safety Administration, almost 9,200 people died and about 1 million others were injured in auto accidents that occurred at intersections in 2005, while red light running was a factor in about 805 of those traffic deaths.

Red light running catches the other driver unaware and can result in serious auto crashes—especially if the motorist attempting to run the red light is speeding in order to avoid getting a ticket and/or trying get across the intersection as quickly as possible.

Red light running is negligent driving and can be grounds for a Raleigh car accident lawsuit.

Ballet dancer killed in high-speed crash, ABC Local, September 14, 2009

Doctor surrenders medical license, Charlotte Observer, September 15, 2009

Related Web Resources:
Red-Light Running, Federal Highway Administration

Insurance Institute for Highway Safety

With 200,000 kids, 14 years of age and under, who were seriously injured in car accidents in 2007, it is no wonder that safety officials want to make sure that parents are doing everything to keep their kids safe—especially because much younger children, 7-years of age and under, need added protection to minimize risk of injury during an auto crash.

Child Passenger Safety Week runs from September 12 – 18, 2009. During this time, parents and other adults can check child safety seats for free at one of the thousands of free safety seat inspection stations in the US.

While research by the National Highway Traffic Safety Administration shows that the rate of child safety seat use is high—99% for babies (0-12 months), 92% for toddlers (1-3), and 89% for young kids (4-7)—these findings also reveal that 3 out of every four child safety seats are not used properly. These mistakes may affect the way the child is secured in the seat and the manner in which the restraint system is attached to the vehicle. For example, a parent might use a child restraint seat that is not appropriate for the child’s weight and age, fail to correctly install the restraint, not buckle the straps properly, or neglect to properly secure the seat belt to the child safety seat.

Injuries sustained by infants and young kids during a North Carolina car crash can be catastrophic. While properly securing a child can decrease the chances of injury during a serious motor vehicle accident, injuries may still occur if the restraint system was not used correctly, the child safety seat was defective, or the car crash was so catastrophic that injury or death was unavoidable despite all the safety precautions.

Car accidents can occur because someone was negligent or careless or reckless. Filing a Charlotte, North Carolina injuries to minor lawsuit for your son or daughter’s motor vehicle crash injuries can allow you to obtain the financial recovery that you need to pay for surgeries, hospital stays, doctor visits, rehabilitation services, and other necessary medical devices that your child might need following a car accident.

U.S. Transportation Secretary Ray LaHood Launches Child Passenger Safety Week, NHTSA, September 10, 2009

Child Passenger Safety: Fact Sheet, CDC

Related Web Resources:
Child Safety Seat Inspection Station Locator

Minors, North Carolina General Statutes, Justia

Continue reading "Child Passenger Safety Week Geared Toward Preventing Kid Injuries During Car Accidents" »

A 33-year-old Louisburg driver has been charged with felony death by vehicle, driving while impaired (DWI), two counts of serious injury by vehicle, resisting arrest, hit and run resulting in serious injury or death, and driving with a revoked license. Cory Lamar Henderson was trying to pass a vehicle driven by John Edward “Eddie” Ogburn on Saturday when he allegedly caused the fatal Raleigh car accident.

Henderson is accused of fleeing the Raleigh crash site on Old Wake Forest Road but was apprehended soon after. Police say that prior to the traffic accident, they saw Henderson driving recklessly. They say that they were going to pull him over only the accident happened before they could catch him.

Ogburn was transported to a North Carolina hospital where he was pronounced dead. The deadly accident took place just one block from his home. The two women riding in the vehicle with him, 29-year-old Raleigh resident Kristen Knutson and 27-year-old Southern Pines resident Jennifer Ragone, sustained injuries.

Prosecutors upgraded one of the charges to second-degree murder because they say that there is evidence of malice. Henderson has a prior DWI conviction in Wake County that occurred in 2004. Following Saturday’s North Carolina car accident, he fled from police and attempted to avoid getting arrested.

This Raleigh car crash took place during the NHTSA’s safety efforts with local enforcement to apprehend anyone driving under the influence. During the 15 years that the North Carolina Governor's Highway Safety Program has participated in this campaign, local law enforcement officials have issued some 2,900,000 criminal and traffic citations. 103, 000 of these citations were for people who were driving while impaired.

Despite efforts by the federal and local governments, law enforcement officers, and safety advocates to stop drunken motorists from driving, too many North Carolina drunk driving crashes continue to happen. An experienced Raleigh car accident lawyer can help you determine whether you and your family have grounds for pursing a North Carolina personal injury lawsuit or wrongful death case.

1 dead, 3 hurt in wreck; DWI charged, The News & Observer, August 30, 2009

Man charged with murder in fatal Raleigh wreck, WRAL, September 2, 2009

Related Web Resources:
2009 Labor Day Crackdown Activities, GHSA

Mothers Against Drunk Driving

One teenager is dead and another three sustained injuries in a deadly North Carolina car crash involving a 14-year-old driver. According to police, the boy crashed a 2005 Hyundai into a tree at around 1am on August 19.

Chelsie Lynn Thompson, an 18-year-old Mount Airy resident, died from her injuries. The driver and two other male teenagers, 18-year-old Christopher Jordan and 16-year-old Joshua Ingalls also sustained injuries.

Officials say the boy took his mother’s car without permission. They believe that he was speeding when the deadly crash happened.

The boy could face criminal charges.

Teen Drivers
In the United States, 14-year-olds are not allowed to drive. Even when a teenager becomes of age to obtain their learner’s permit and then their driver’s license, there are still requirements that the teen driver must meet in order to earn the right to drive on North Carolina's roads.

Because of their youth and inexperience, many teen drivers are at risk of becoming involved in a North Carolina car accident unless they exercise the proper safety precautions. The Centers for Disease Control and Prevention says that the 16-19 year age group is the age demographic at highest risk of becoming involved in a motor vehicle accident because:

• Teenagers are not as skilled as older drivers at assessing whether a situation is dangerous.
• Teens have a tendency to speed more than older motorists.
• Teens are more likely not to wear seat belts.
• Teens riding with each other can prove distracting.
• Teens are at risk of drinking and driving.

When a teen driver is reckless or careless, this increases the chances that a North Carolina motor vehicle crash may happen. If you or someone you love was injured in a traffic accident because any driver—regardless of age—behaved negligently, you may have grounds for filing a North Carolina car accident claim or lawsuit.

Car driven by 14-year-old slams into tree!, JusticeNewsFlash, August 21, 2009

14-Year-Old Driver Could Face Charges In Fatal Crash, WXII12.com, August 19, 2009

Teen Drivers: Fact Sheet, CDC

Related Web Resources:
Applying for a Driver License or Learner Permit?, NCDOT.org

Continue reading "14-Year-Old Driver Could Face Criminal Charges for Surrey County Car Crash that Killed One Teenager and Injured Three " »

According to research published in the September issue of the American Journal of Public Health, allowing states to set the speed limits on certain interstates may be the cause of some catastrophic car crashes. The study is the first long-term one of its kind to assess the effect that repealing the National Maximum Speed Law has had on the number of traffic injuries and deaths.

In 1974 and due to the the oil embargo, the law had capped the maximum limit on all interstate roads in the US to 55 mph. The number of traffic deaths dropped to nearly 17% during the first year alone. In 1987, states were allowed to raise the speed limit on certain interstates to 65 mph. When the federally ordered 55 mph speed limit law was repealed, states were allowed to come up with their own speed laws.

Lee Freedman, a lead author of the study and assistant research professor of environmental and occupational health studies at UIC, says that after the National Maximum Speed Limit law was revoked, about 12,500 US traffic deaths occurred as a result. Unfortunately, not all US states were part of the study, but the research indicates that it might be wise for lawmakers to determine whether the speed limits on certain roads should be reduced.

Considering that—per a study conducted by Perdue University—most drivers don’t consider it unsafe to go above the posted speed limit (sometimes by up to 20 mph) it is not that surprising that a higher speed limit on certain interstates may have been the cause of thousands of injuries or deaths.

Per the Purdue survey:

• 21% of motorists don’t think there is anything wrong with driving 5 mph over the speed limit.
• 43% of drivers think going 10 mph above the speed limit is safe.
• 36% of drivers believe that they are practicing safe driving even when they are driving 20 mph above the speed limit.

Speeding can lead to catastrophic North Carolina car crashes for a number of reasons. The faster a car is going, the greater the crash force that can result. A speeding car will also need more time to stop than a car that isn’t going as fast.

Drivers Don't See Speeding As A Safety Issue, National Safety Commission, August 26, 2009

Higher Speed Limits Cost Lives, Researchers Find, Science Daily, July 18, 2009

Related Web Resources:
National Highway Traffic Safety Administration

North Carolina Department of Transportation

Speed and Speed Limits, IIHS.org

Continue reading "Can High Speed Limits on Certain Roads Lead to Fatal North Carolina Car Accidents?" »

A Charlotte hit-and-run accident right before 1am on Sunday claimed the life of a former North Carolina State University football player. Edrick Smith was riding in the back of a Honda Accord that was hit by a Camaro, which was speeding at about 80 - 100 mph. The deadly car crash happened at the intersection of Salome Church Road and North Tryon Street.

The driver of the Honda, 30-year-old Hakeem Ward Holloway, and 31-year-old Barry Tyrone Pace, who was also a passenger in the Accord, were hospitalized.

The impact of the North Carolina car accident split the Accord in two. The Camaro’s driver, Hugo Fernando Rosillo, fled the crash site on foot but police later found him. The 30-year-old motorist was taken to the hospital and arrested. He is charged with felony hit-and-run, second-degree murder, and driving while impaired.

Smith, 29, leaves behind his wife, Karisa, and their three children. The former NCSU football player set the record for tackles by a freshman in 1998. He was a possible NFL contender when he got hurt.

Impaired Driving
Driving under the influence of drugs, alcohol, or medication is dangerous and places the lives of the impaired driver and others on the road at stake. On August 21, 2009, police officers in cities throughout North Carolina and other US States will begin their Drunk Driving. Over the Limit. Under Arrest. crackdown in an effort to save lives as we wind our way toward the end of the summer holidays and Labor Day on September 7.

While 6,159 of the almost 13,000 people killed in drunk driving crashes 2007 were drivers between the ages 21 – 34 with a blood alcohol concentration of .08% or greater, a new study shows that older adults are not exempt for binge drinking. Duke University researchers are reporting that out of 11,000 survey participants, 22% of the men and 9% of the women binge drink (consume 5 drinks or more). The findings from this new survey can be found in the latest issue of The American Journal of Psychiatry.

Former N.C. State football player killed in hit-and-run, Charlotte.com, August 17, 2009

Former NC State Football Player Edrick Smith Killed in Charlotte Car Crash, MyFox8, August 16, 2009

Survey Finds Binge Drinking Among Older People, Too, US News & World Report, August 17, 2009

Related Web Resources:
Drunk Driving. Over the LImit. Under Arrest, NHTSA

Binge Drinking, CDC

The American Journal of Psychiatry

Continue reading "Charlotte, North Carolina Car Accident Kills Former NCSU Football Player" »

Two women are dead and seven people injured following a deadly head-on North Carolina car crash in Vanceboro on Sunday night. The deceased, Loriann Bobotek, 47, and Christina Sonn, 35, are both from Maryland and were headed toward their respective vacation destinations.

Sonn was headed north on US 17 with her best friend, her friend’s daughter, and another teen to the Outer Banks, while Bobotek, along with her two daughters and their friends, was going south to Myrtle Beach. The North Carolina car collision happened as Bobotek tried to overtake the vehicle in front of her. Bobotek’s Dodge Caravan struck Sonn’s small SUV, and both drivers died.

Mark Bobotek, Loriann’s husband, was riding in another car not far behind the vehicle carrying his wife and two daughters. Someone called him to tell him about the Vanceboro car accident and he drove to a Greenville hospital where both his girls were being treated for back injuries.

Bobotek says that his wife drove into oncoming traffic because a car had turned onto her lane. He says she never would have tried to overtake a vehicle just because it was driving slowly.

The passengers from both cars were transported to the hospital. As of yesterday, four of the victims were released and the other car accident victims are expected to survive.

Eric Malagra, Sonn’s 16-year-old son, had driven in another car. He was supposed to meet his mother at a restaurant before heading to Cape Hatteras. After Sonn’s car failed to arrive, Malagra and his friends drove back to find her. By the time they located Sonn’s car, her body was already on a Gurney.

Each day, in the US, lives are lost in car accidents. Many of these auto collisions could have been avoided if another motorist or party had not been behaving carelessly or recklessly. North Carolina car crashes impact not just the lives of the traffic accident victims, but they also can cause devastating trauma to loved ones who must now live with the loss.

Beach trips' tragic end, Baltimore Sun, August 14, 2009

Two killed, seven injured in Sunday crash, ENC Today, August 10, 2009

Two Md. women die in N.C. collision, Baltimore Sun, August 12, 2009

Related Web Resources:
Head-On Collisions, Transportation Research Board

Car Accidents: Proving Fault, Nolo

Continue reading "Vanceboro, North Carolina Car Accident Claims the Lives of Two Women and Injures Seven Passengers" »

In North Carolina, eight people were hurt at around 4:30 this morning in a southwest Charlotte multi-vehicle collision at the South Tryon Street and Billy Graham Parkway intersection. Fortunately, none of the injuries appear to be life threatening, but all of the car accident victims were taken to local hospitals.

Also early this morning, a 20-year-old woman was killed and at least three people were hurt in a single-car collision in Burlington. Amber Rose Delac was driving a 2003 Ford Mustang on Lindley Mill Road when her vehicle crossed the center line. Delac, a Graham resident, tried to maneuver her vehicle back to her lane but overcorrected and lost control of the car, striking a ditch.

The car rolled over. Delac, who was not using a seat belt, was partially ejected from the vehicle before getting stuck under the vehicle. North Carolina police pronounced her dead at the Burlington, North Carolina car accident site.

Police say that Delac was distracted when she crossed the center line and that skid marks on the road indicate that she was drive at least 10 miles above the 55-mph speed limit. Three of the passengers riding in the car with Delac sustained injuries. A fourth passenger was taken to the hospital as a precaution. One of the vehicle occupants, 19-year-old Joseph Delac, broke his finger in the North Carolina car crash. None of the vehicle occupants had been wearing seat belts.

North Carolina Car Accident Lawsuits
It is frustrating and painful enough to get injured in a car accident, let alone one that was caused by another party’s negligence or carelessness. As the injured victim, you will likely have to disrupt your life, placing it on hold in certain ways while you take time off from work and other commitments to recover from your injuries. You may also have to contend with additional expenses, such as medical bills, rehabilitation cost, car repair expenses, and lost wages that you did not account for when budgeting your finances.

It is important that you speak with a Charlotte, North Carolina car accident lawyer to determine whether you have grounds for claiming personal injury recovery from the liable party.

Woman killed, 4 passengers receive minor injuries in morning wreck, The Times News, August 13, 2009

8 hurt in overnight wreck, Charlotte Observer, August 13, 2009

Related Web Resources:
Car Accidents: Proving Fault, Nolo

Car Accident Overview, Justia

Honda Motor Company has expanded a recall it initiated last November due to an airbag defect. Approximately 440,000 cars have been added to the recall list that now includes 2002-2003 Acura TLs, 2001-2002 Honda Accords, and 2001 Civics.

The airbag defect is linked to one death and six injuries. Apparently, some of the driver-side airbags have inflators that are over-pressurized. This can cause a rupture when the airbags are activated that can lead to metal fragments coming through the airbag and fatally striking a vehicle occupant.

Airbag Defects
Airbags are ideally designed to keep passengers safe during a motor vehicle crash. According to the NHTSA, over the last two decades airbags have saved over 22,000 lives. In order for this to happen, they have to be deployed safely and at the right time, as well as be free from defects. More than 284 airbag-related fatalities have occurred since 1990.

Airbag injuries can occur when the airbag inflates or deflates too quickly, too slowly, or not at all. People have also been known to get hurt because the airbag inflated when it wasn’t supposed to.

Common airbag defects that can lead to injuries or death:

• Faulty deployment
• Improper installation
• Defective design

Injuries that have been known to occur because of side air bag defects:

• Spinal cord injuries
• Traumatic brain injuries
• Facial injuries
• Hand injuries
• Chest injuries
• Pelvic injuries
• Heart injuries
• Chest injuries
• Bone injuries

Proving auto products liability can be a complex and challenging process and one that our Charlotte car accident lawyers are familiar with. We are here to discuss your North Carolina personal injury case with you.

A Hickory, North Carolina wrong-way driving accident involving eight motor vehicles on Highway 321 on Saturday has resulted in multiple injuries. According to police, the North Carolina multi-vehicle crash happened after the driver of a Toyota Tacoma started going the wrong way down Highway 321.

The Toyota reportedly crashed into seven cars. 15 people were injured, five serious enough that they were taken to a local hospital. One car crash victim had to be rushed to the hospital with serious head injuries following a head-on collision. The Highway Patrol thinks that the Toyota was also involved in at least two hit-and-run crashes prior to this multi-vehicle collision.

The Hickory multi-vehicle crash was not the only catastrophic traffic collision involving a wrong-way driver to occur over the weekend. In New York, eight people died after a woman in a minivan drove the wrong way up the Taconic State Parkway, striking two cars.

The minivan’s driver, Diane Schuler, her two-year-old Erin, and three of her nieces, Kate Hance, 5, Alison Hance, 7, and Emma Hance, 9, were killed in the wrong-way driving crash. Schuler’s 5-year-old son, Brian, is being treated at a local hospital. Also killed in the wrong-way driving accident were the people riding in one of the cars that Schuler struck: SUV driver Guy Bastardi, his father Michael, and friend Daniel Longo.

It is unclear why Schuler went the wrong way up the freeway for almost two miles. Police say that a number of people contacted 911 to let them know that there was a van going the wrong way. Schuler’s brother says she contacted him a couple of hours before the tragic accident to tell him she wasn’t feeling well.

Wrong-Way Driving Accidents
Wrong-way driving crashes can lead to devastating accidents for the victims involved. Wrong-way can lead to head-on crashes, placing the occupants of both vehicles involved at risk of getting seriously hurt.

Head-on, wrong way crash in Hickory, Charlotte.com, July 26, 2009

Before Taconic crash, mom Diane Schuler told brother she wasn't feeling well, NY Daily News, July 27, 2009

Related Web Resources:
Proving Fault in Personal Injury Accidents: General Rules, Nolo

Car Accidents Overview, Justia

Continue reading "Hickory Wrong-Way Accident Involving Eight Vehicles Injures 15" »

According to the National Safety Commission, lane drifting is a form of careless driving that can cause motor vehicle collisions. Lane drifting is the cause of about 10,000 US traffic fatalities a year.

The National Highway Traffic Safety Administration (NHTSA) defines lane drifting as when a motor vehicle is moving in a generally straight direction but at a slight angle to the lane that it is in. When a driver waits too long to correct his or her course or doesn’t make the correction at all, his or her vehicle may end up drifting into the next lane or in front of ongoing traffic, causing a sideswipe crash or a head-on collision.

Common Causes of Lane Drifting:

• Drowsy driving
• Distracted driving
• Falling asleep at the wheel
• Drunk driving
• Drugged driving
• Overmedicated while driving
• Speeding
• Talking on the cell phone while driving
• Texting while driving
• Daydreaming
• Failing to pay attention to the road

Aside from making sure that your vehicle doesn’t drift into another lane, other ways to prevent North Carolina car accidents include:

• Always pay attention the road.
• Stay out of other driver’s blind spots.
• Check your blind spots for vehicles, motorcycles, bicycles, or pedestrians.
• Drive with both hands on the wheel.
• Make sure your car is properly maintained and defect-free.

North Carolina car accidents can lead to serious injuries. To make sure that you receive all the personal injury recovery that you are owed, you should speak with an experienced Charlotte, North Carolina personal injury lawyer as soon as possible so that you are aware of your legal options. Make sure that you write down everything you remember about your North Carolina car collision and don’t talk to the other side’s representation until you’ve spoken with your legal representation first.

Careless Driving Tickets: Lane Drifting - How Sideswipe Crashes Occur, July 21, 2009

Top 10 Editors' Tips to Prevent a Car Accident, Edmunds.com

Continue reading "North Carolina Car Accidents Can Occur Because of Lane Drifting" »

According to the New York Times, in 2003 researchers at the National Highway Traffic Safety Administration proposed a study of 10,000 motorists to evaluate the dangers involved with using a cell phone while driving a motor vehicle. The researchers were concerned because of growing evidence that multitasking while driving could be dangerous.

The study however, never happened, and researchers opted not to make public hundreds of warnings and research about motorists and cell phone use. Officials say they were worried that revealing the information would anger Congress, whose members had warned the NHTSA to stay focused on gathering safety facts but not to lobby states. Today, all of the research is being made public after Public Citizen and The Center for Auto Safety, two consumer advocacy groups, filed a Freedom of Information Act lawsuit.

Critics say that the US Department of Transportation’s failure to make the information available sooner has cost lives and allowed cell phone use while driving to become a habit.

Findings included in the research:

• In 2002, 240,000 traffic accidents and 955 motor vehicle deaths were caused by cell phone use while driving.
• A draft letter that was never sent warned states that they weren’t certain that hands-free driving laws would eliminate the accident risk involved with cell phone use.
• The researchers actually wanted to recommend that drivers not talk on cell phones or text message while driving unless in an emergency situation.

While North Carolina law bans text messaging while driving, only school bus drivers and drivers younger than 18 are forbidden to use any kind of cell phone while driving. The state has no law banning handheld cellular or pda devices.

Cell phone use while driving is becoming a common cause of North Carolina car crashes. And for motorists that think they may be minimizing their injury risk by using hands-free cell phones, this may not necessarily be the case.

The National Safety Council just published a new study reporting that it is no less dangerous to talk on a hands-free cell phone while operating a car as it is to drive while holding a cell phone in one’s hand.

Talking on a cell phone or text messaging is considered negligent driving and can be grounds for a Charlotte car accident lawsuit.

U.S. Withheld Data on Risks of Distracted Driving, NY Times, July 20, 2009

Research on cell-phone-use-while-driving quashed by feds, Atlanta Journal Constitution, July 21, 2009

New Study in NSC Journal Shows Hands-Free Phones No Safer Than Hand-Held Phones, NSC.org, July 9, 2009

Related Web Resources:
Using Wireless Communication Devices while Driving, US Department of Transportation, July 2003

National Highway Traffic Safety Administration

Continue reading "Did NHTSA’s Failure to Make Public in 2003 Findings About the Dangers of Cell Phone While Driving Cost Thousands of Lives? " »

According to Allstate, the average Charlotte motorist will likely be involved in a North Carolina motor vehicle crash once every eight years. Possible reasons why Charlotte car accidents happen are speeding and driver error.

On a positive note, the number of Charlotte, North Carolina car crashes that do occur seems to be going down. According to Charlotte Mecklenburg Police, there have been 17 Charlotte traffic deaths so far this year, which is a lot less than the number of traffic fatalities in 2008. Still, Charlotte ranked as the least safe driving city in North Carolina.

Allstate says Winston-Salem ranked as the safest North Carolina city with drivers likely be involved in a car crash once every 11 years. While Cary drivers are said to be the best motorists in the Triangle. The chances of a Cary car crash happening was 5.6% lower than the national average, with the average motorist only becoming involved in a motor vehicle crash every 10.6 years—making Cary the 33rd safest place to drive in the country.

Durham ranked number 52 on this list—with motorists going 10.1 years between Durham traffic collisions. Meantime, the chances of becoming involved in a Raleigh car collision was 7.1% lower than the national average—with one motor vehicle crash every 9.3 years.

These North Carolina car accident statistics are an important reminder for why it is so important that all motorists drive defensively to protect themselves so that they don't become involved in a motor vehicle car crash. Yet, driver error and negligence continue to be common causes of traffic accidents despite many motorists’ efforts to protect themselves from personal injury.

Allstate: Cary drivers are best in Triangle, Triangle Business Journal, July 8, 2009

Allstate: Charlotte drivers likely to wreck every 8 years, News14Carolina.com, July 10, 2009

Related Web Resources:
Allstate

North Carolina Cities

Continue reading "Charlotte Car Accidents: Drivers Likely to Be Involved in Motor Vehicle Crashes Every Eight Years" »

According to Pacific Institute for Research and Evaluation, more than 50% of US highway deaths and 38% of nonfatal injuries involve deficient roadway conditions. 10 roadway-related accidents happen each minute—that’s 5.3 million accidents a year.

The PIRE notes that these figures make it evident that making changes to the roadway environment so that it is more forgiving and protective is necessary to reduce the number of highway deaths and associated expenses. Dr. Ted Miller, who is the principal author on the study, says that if we placed as much attention on improving road safety conditions as we do in convincing people not to drive drunk, “we’d save thousands of lives and billions of dollars” annually.

Findings in the study, called "On a Crash Course: The Dangers and Health Costs of Deficient Roadways," include:

• Deficient roadway conditions cost $217 billion/year (including $20 billion in medical expenses and $99 billion in quality of life costs).
• This figure is over 3.5 times the $59 billion that governments in the US invest each year on roadway capital improvements.

Among the study’s recommendations that transportation officials can implement to improve road conditions so that injuries will be reduced and lives saved:

• More durable, brighter pavement markings.
• Using breakaway poles instead of non-forgiving poles.
• Placing rumble strips on shoulders.
• Mounting additional safety barriers or guardrails.
• Widening shoulders.
• Adding shoulders.
• Better roadway alignment.
• Widening or replacing narrow bridges.
• Decreasing abrupt drop offs and pavement edges.
• Clearing more space next to roadways.

If you or someone you loved was injured in a North Carolina car crash because of a defective roadway condition, you may have grounds for filing a personal injury case.

Some roadway defects that can lead to Raleigh motor vehicle accidents:

• Poorly designed road systems
• Potholes
• Not enough lighting
• Lack of traffic signs or warning signs
• No guardrails or center dividers
• Improper placement of roadway markings
• Excessively high speed limit for road condition

Some roadway defects that can lead to Raleigh motor vehicle accidents:

• Poorly designed road systems.
• Potholes.
• Not enough lighting.
• Lack of traffic signs or warning signs.
• No guardrails or center dividers.
• Improper placement of roadway markings.
• Excessively high speed limit for road condition.

More than Half of Highway Fatalities Are Related to Deficient Roadway Conditions, PR Newswire, July 1, 2009

Related Web Resource:
Pacific Institute for Research and Evaluation

Continue reading "Causes of Some Charlotte, North Carolina Personal Injury Accidents: More than 50% of US Highway Deaths Involve Deficient Roadway Conditions" »

The US Department of Transportation Secretary Ray LaHood says that even though the number of US highway deaths dropped last year, there is still a lot of work that must be done to keep our motorists safe. National Highway Traffic Safety Administration figures show a 9.7% drop in US traffic deaths from 41,259 fatalities in 2007 to 37,261 deaths in 2008—the lowest death count since 1961.

Between 2007 and 2008, there were significant declines in drunk driving deaths (13,041 to 11,773), light truck deaths (12,458 to 10,764), passenger occupant deaths (29,072 to 25,351), large truck fatalities (805 to 677), and pedestrian deaths (4,699 to 4,378). The number of motorcycle rider deaths, however, went up from 5,174 to 5,290—as did pedalcyclist fatalities, from 701 to 716.

Also last year, 2,346,000 people were injured in US traffic accidents—a drop from the 2.49 million traffic injuries in 2007. While the number of motorcycle rider fatalities increased, the number of motorcycle riders that were injured went down significantly from 103,000 motorcycle deaths in 2007 to 96 deaths to motorcycle fatalities in 2008.

There was also a decline in the number of North Carolina traffic deaths, with 1,433 fatalities last year compared to 1,676 traffic deaths in 2008.

More North Carolina 2008 Traffic Figures:
• 1,033 passenger vehicle occupant deaths (down from 1,237 in 2007)
• 423 drunk driving deaths (down from 497 in 2007)
• 475 speeding-related deaths (a decline from the 622 fatalities in 2008)
• 160 pedestrian deaths

Also on a positive note, there were less fatalities from January – March 2009 than there were for the same time period last year. The NHTSA says 7,689 people were killed in US traffic crashes for the first quarter of this year, compared to the 8,451 deaths during January – March 2008.

While the overall decline in US traffic deaths is very positive, there are still thousands of people that are injured and killed because a motorist was driving drunk, speeding, talking on a cell phone, text messaging, or impaired by medication or because a vehicle was defective or another party was negligent.

Related Web Resources:
2008 Traffic Safety Annual Assessment - Highlights, June 2009 (PDF)

Early Estimate of Motor Vehicle Traffic Fatalities for the First Quarter (January - March) of 2009 (PDF)

State Traffic Safety Information For Year 2008, NHTSA

Continue reading "Hickory Car Accident Lawyers: North Carolina Traffic Deaths Drop to 1,433 Fatalities in 2008 " »

A blind spot is the area that the driver can’t see from his or her seat. While some motor vehicles, such as large trucks, pickup trucks, minivans, buses, and SUV’s have larger blind spots than others, all motor vehicles have blind spots. Cars that have higher rears, large headrests, and small windows also have blind spots that make it difficult for drivers to see certain areas around them.

According to the National Highway Traffic Safety Administration, 18% of US traffic crashes involve drivers that were changing lanes but did not see that there was a motor vehicle next to them. This type of traffic accident is called a “sideswipe” collision, which frequently occurs because a motorist had a blind spot and did not check and/or failed to see the other vehicle.

Failure to ensure that there is no one in a vehicle’s blind spot can also lead to a motorist backing over a person. Kids and Cars says about two children a week are killed in back-over accidents, with at least 49 others injured. Between 2001 and 2006, 474 kids died in backover incidents.

It is the responsibility of all motorists to make sure that there is no one in their blind spot when changing lanes, backing out of a driveway or parking space, or driving their vehicle in reverse. A driver that causes a North Carolina injury accident can be held liable for personal injury or wrongful death.

Steps that North Carolina motorists can take to reduce or eliminate blind spots:
• Adjust your mirrors so that you will be able to see as much of the view to the side and back of your vehicle as possible.
• Make sure that you still look over your shoulders so that you don’t miss anything that your mirrors don’t allow you to see; check that it is safe to take your eyes off the front of the road when you do this.
• Make sure that your car is not in another vehicle’s blind spot. Slow down or pull ahead if you do find yourself in another motorist's blind zone.
• If you are backing up, do so slowly and if you feel even the slightest bump, stop your vehicle. You may have hit a young child.

If you or someone you love was injured because a motorist didn’t see what was in their blind spot, you may be entitled to personal injury compensation.

Driver Training: Managing Blind Spots, National Safety Commission, June 25, 2009

Keeping Kids Safe - Backover, NHTSA

Related Web Resources:
Kids and Cars

Vehicle Blind Spots Pose Dangers, ABC News, May 30, 2007

Continue reading "Failure to Check Blind Spots Can Result in Tragic North Carolina Car Crashes and Pedestrian Deaths" »

Police in North Carolina will be spend June 29 through July 5 targeting drunk drivers. The Booze It and Lose It: Operation Firecracker campaign is an effort to decrease the number of driving accidents that occur around the 4th of July holiday.

Last year, there were 377 North Carolina drunk driving-related collisions for that week. 12 people died. As part of their efforts, police will increase patrols and set up checkpoints.

In Alexander and Iredell counties, there was a 20% increase in drunk driving accidents over a one-year period. Troopers increased their efforts to catch drunken drivers, and in just one week, 31 people were arrested for impaired driving.

Drunk Driving Facts
Although (according to Mothers Against Drunk Driving) there was a decrease in the number of North Carolina alcohol-related deaths—from 489 to 392—between 2007 and 2008, drunken driving accidents still happen in the state on a regular basis. Statesville Police Officer Adam Dillard tells the Mooresville Tribune, “impaired driving is not an accident,” and it is a crime that is not “victimless.”

Just this Monday, two members of the band Dr. Ralph Stanley and His Clinch Mountain Boys were hurt in a hit and run North Carolina car accident when a drunk driver that was speeding rear-ended the vehicle they were riding in. Their SUV ended up going down a three-story embankment into a creek while the other driver took off.

Fiddler Dewey Brown sustained minor injuries, but his pregnant wife Leslie and Dr. Ralph Stanley’s 16-year-old grandson Nathan, a mandolin player, sustained more serious injuries. Both of Nathan’s legs are broken and Leslie sustained shoulder injuries and broke her femur.

The driver accused of hit and run is 25-year-old Alejandro Perez Sosa. He was apprehended and charged with felony hit and run, reckless driving, speeding, and driving under the influence. At the time of his arrest, Perez’s blood alcohol content was 0.14. The legal BAC limit is .08%.

On June 18 in Durham, it was a North Carolina Highway Patrol Officer who was charged with drunk driving after he hit another car. Trooper John C. Fogg was off duty when police say he crashed a vehicle into another car on the Durham Freeway. His BAC was reportedly .17%.

NC Highway Patrol Officer Arrested For Drunk Driving, Raleigh Telegram, June 27, 2009

Patrols to target drunk drivers during holiday week, Mooresville Tribune, June 26, 2009

Members Of Ralph Stanley’s Band Rear-Ended By Drunk Driver In N.C., TriCities.com, June 24, 2009

Related Web Resources:
North Carolina State Highway Patrol, North Carolina Department of Crime Control and Public Safety

Mothers Against Drunk Driving

Dr. Ralph Stanley and His Clinch Mountain Boys

Continue reading "Booze It and Lose It: North Carolina Police to Target Drunk Drivers " »

Decreasing the Number of North Carolina Car Accidents: State Bans Text Messaging While Driving

Beginning December 1, North Carolina drivers will no longer be allowed to text message or e-mail while driving. The statewide ban was announced on Friday, after Governor Beverly Perdue signed the new law. The ban on text messaging will hopefully decrease the number of North Carolina car accidents caused by this modern, bad habit.

Not only is texting while driving rapidly becoming a common cause of US motor vehicle crashes, but even though the public is now aware of how deadly this form of distracted driving can be, many drivers still continue to text and drive at the same time.

80% of motorists are reportedly are in favor of laws banning texting while driving, yet two out of five drivers admit to sending, receiving, composing, or reading texts while behind the steering wheels of their vehicles. AAA Carolinas says that one out of five motorists does not pay 100% attention to the road. Combine driver inattention with a motorist that has one or both hands off the steering wheel while texting in rush hour traffic and the consequences can be catastrophic. Also, just recently, The RAC Foundation recently reported that texting while driving impairs the reaction times of drivers more than if they were to drive under the influence of alcohol or drugs.

Under North Carolina’s new law, a school bus driver that sends texts or e-mails while operating a bus will be charged with a misdemeanor and must pay a $100 fine. North Carolina drivers caught texting while in any other kind of vehicle will be fined $100.

According to the Governors Highway Safety Association, so far this year seven US states have made it illegal for motorists to text and drive at the same time. To date, 14 US states ban people from typing away on their cell phones or PDA’s while operating a motor vehicle.

Texting while driving is negligent driving. If someone you love was seriously injured or died in a North Carolina car crash because a driver was texting or talking on the cell phone, there may be grounds for personal injury or wrongful death recovery.

Texting at wheel illegal on Dec. 1, News and Observer, June 20, 2009

NC gov. warns texters: 'Hope u r not driving now', Gainesville.com, June 19, 2009

Text driving 'worse than drink', BBC, September 18, 2008

Related Web Resources:
RAC Foundation

Governors Highway Safety Association

Continue reading "Decreasing the Number of North Carolina Car Accidents: State Bans Text Messaging While Driving" »

The results are in from North Carolina’s “Click It or Ticket” campaign.According to the final statewide total, 13,654 seat belt citations and 1,478 child passenger safety citations were issued. Other citations included:

• 2,200 citations to motorists for driving while impaired.
• 6,309 criminal violations

The statewide campaign to promote seat belt use took place from May 18 – 31, 2009, with multiple checkpoints set up in the different counties.

Just last month, the US Department of Transportation issued findings from one of its recent studies estimating that 22,372 serious injuries and 1,652 deaths could be prevented each year if only 90% of the vehicle occupants in each state wore seat belts. According to the National Highway Traffic Safety Administration, North Carolina had a 89.8% seat belt usage rate for last year, which is its highest rate to date.

Seat belt use is very important. For infants and toddlers, it is equally important to make sure that they are securely fastened in their child safety seats in the event of a motor vehicle crash.

Unfortunately, people can still get hurt in North Carolina car crashes even if they were wearing their safety belts. Motor vehicle crashes is one of the leading causes of catastrophic injuries and deaths, so it is important that you know your legal options for financial recovery if you were injured in a traffic collision that was caused by another party’s careless actions.

This liable party may be a truck driver, another car driver, a motorcyclist, a train operator, a pedestrian, the North Carolina city where the car crash occurred, or an auto manufacturer. For example, if your injuries during a North Carolina car crash were further exacerbated because the seat belt you were using was defective, you may have grounds for filing an auto products liability lawsuit against the negligent seat belt manufacturer or car maker.

Common seat belt defects that can prove deadly:

• Inertial unlatching
• Seat belt fails to lock
• Too much belt slack

15,000 Cited In Seat Belt Campaign, WXII12.com, June 5, 2009

New Study: Higher Seat Belt Use Could Save Many Lives, NHTSA, May 14, 2009

Related Web Resources:
The Increase in lives, injuries prevented, and cost savings if seat belt use rose to at least 90% in all states, NHTSA, May 2009 (PDF)

Our Charlotte, North Carolina car accident lawyers would like to talk to you about your motor vehicle accident case.

A Charlotte woman has been sentenced to spend at least 27 years in prison for causing a deadly North Carolina hit and run crash. A Gaston County jury found Charla Davis guilty of second-degree murder, reckless driving, DWI driving with a revoked license, two counts of felony hit and run causing death, and two counts of assault with a deadly weapon with intent to kill.

The fatal Charlotte, North Carolina DWI car crash occurred last year. Ronnie Eudy, a truck driver, had stopped his truck to assist another driver that was having a seizure or stroke on Wilkinson Boulevard Bridge. Davis is accused of hitting Eudy, killing him, as well as causing injury to the man he was helping and to two other people before she fled the crash scene.

Davis is also accused of consuming two mixed drinks and four beers at Tony’s Bar prior to the deadly drunk driving accident. According to the prosecution, her BAC level was .18—which is more than double the legal limit. Because a BAC test was not administered at the crash site, however, Davis’s lawyer said there is no evidence that she was drunk.

The deadly auto collision was not Davis’s first DWI offense. Previous to this incident, she had four other DWI convictions. Last November, she was given the opportunity to plead guilty to second-degree murder accompanied by 14 to 18 years in prison, but she turned down the plea offer. Her conviction comes with a lengthier sentence.

Hit and Run Accidents
By law, drivers involved in a motor vehicle crash are supposed to stop at a crash site. Leaving a crash scene—especially when someone is hurt—can be an issue of life and death if the injured party is in need of medical attention. An experienced North Carolina car accident law firm can help you deal with your case involving a hit and run driver or any other negligent party.

Charla Davis found guilty on all charges, WBTV, June 11, 2009

Man on phone with 911 when struck and killed, MSNBC, June 9, 2009

Related Web Resources:
North Carolina Division of Motor Vehicles

North Carolina General Statutes

Every year, our North Carolina injury law firm awards $25,000 in college scholarships to graduating high school seniors scholarships under the Michael A. DeMayo Scholarship Program. This year, 10 students received $2,500 each for their winning essays about ways to prevent underage drinking and driving.

Attorney Michael DeMayo presented the winning students with their scholarship checks at a May 28 dinner at Mama Ricotta’s in Charlotte. This year's winners included Michelle Austin from Hopewell High School in Mecklenburg, Elizabeth Henry from Provide Day School in Mecklenburg, Annalise Farris from North Lincoln High School in Lincoln, India Prather from Monroe High School in Union, Lauren Houston from South Caldwell High School in Caldwell, Kaley Rivera from South Point High School in Gaston, Kaitlin Price from Gray Stone Day School in Stanly, Jennifer Telschow from E. E. Waddell High School in Mecklenburg, Erin Sturgess from Hickory Christian Academy in Catawba, and Jaclyn Wright from Marvin Ridge High School in Union.

Underage Drinking Facts (NHTSA):
• Thousands of teenagers are injured or killed in US traffic accidents because of underage drinking.
• In 2006, 1,377 of the 7,543 15- to 20-year old US drivers and motorcyclists that were involved in deadly auto crashes had a BAC of .08%.
• It is illegal for people under age 21 to drink alcohol.

The Centers for Disease Control and Prevention says that 16- to 19-years-olds belong to one of the more high risk groups that are likely to be involved in a motor vehicle crash. Combine youth, inexperience, and/or a tendency to become easily distracted with the side effects that come from drinking alcohol and you could end up with a deadly combination if a drunk teenager gets behind the steering wheel of a car.

Our North Carolina personal injury law firm applauds our winners’ ideas about how to prevent teen driving accidents from happening. Our Charlotte car accident attorneys witness on a regular basis the tragic repercussions that can result from drunk driving. We know that nothing can assuage the loss felt by our clients that have lost children in tragic motor vehicle crashes. Our scholarship program gives us a way to help teenagers make better decisions, hopefully decreasing the number of North Carolina teen drunk driving accidents.

Related Web Resources:
Teen Drivers - Youth Access To Alcohol

Teen Drivers, CDC

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