Topic: Bicycle Accidents

Auto Accident in North Carolina – Firefighter Swiped by Car

March 19, 2012, by Michael A. DeMayo

An auto accident in North Carolina on Highway 52 (in King, NC) shook up the King Fire Department and sent Lieutenant Les Collins to Wake Forest Baptist Hospital with significant injuries. According to news reports, 59-year-old William Blythe drove into a coned off area and smashed into a fire department car before hitting the volunteer firefighter. The impact was so hard that it threw Collins 100 feet. Amazingly, he was not killed by the impact – news reports said he was listed at stable condition at the hospital.

Blythe was arrested and charged with reckless and careless driving. Interestingly, Blythe was only travelling at 30 miles per hour when he hit the firefighter. Thirty miles per hour may not seem like a lot. But it was clearly enough force to send the man flying 100 feet – a third the length of a football field.

Can we learn any lessons from this scary accident?

Lesson #1: Drivers can EASILY get confused and behave recklessly or carelessly. Even though the firefighters put up traffic cones and engaged other precautions “by the book,” the risk preparation was not enough to protect them from Blythe’s erratic driving.

As this blog explored in a series of posts on “caveman driving,” the reality is that human beings did not evolve to travel at speeds of 30 miles per hour and above. Back in our hunter-gatherer days, maybe we reached 20 miles per hour during a dead sprint chasing after game. But we certainly did not command vehicles weighing several tons; and we did not drive those vehicles at speeds of 30, 40, 50, and 80 miles per hour.

Our society does a pretty good job inculturating drivers – teaching them the rules of the road, getting them to behave safely, etc. – but these rules can break down in an untold number of ways. The consequences can be tragic – physical injuries, emotional trauma, and long-term financial/logistical hassles often result. From a certain perspective, it’s kind of amazing that we can drive the way we drive. We’ve engineered our roads and cars exquisitely well to protect ourselves from our own evolutionarily wired failings.

That said, when the system breaks down, injured victims need help. If you or someone you care about was recently hurt in a North Carolina truck, car, or bicycle accident, you may benefit significantly from talking with an auto accident law firm in North Carolina.

More Web Resources:

Triad firefighter hit by car at accident scene

Putting car speeds into context

A North Carolina Bicycle Accident Puts a Dean’s List Student in Critical Condition

February 27, 2012, by Michael A. DeMayo

Last week, North Carolina State University was rocked by a violent bicycle accident that put a senior Dean’s List student, Steven Otto, in WakeMed Hospital with critical injuries. According to campus police reports, Otto had gone for a bike ride early in the morning on Dan Allen Drive, when he was struck by a fellow student, Ross Everett Chapman, and thrown up onto the windshield.

Otto’s body hit the windshield so hard that the glass shattered.

Chapman preliminarily tested positive for driving under the influence; he had a blood alcohol concentration of 0.12%, which is 0.04% over the North Carolina state limit for DUI. The North Carolina State Bureau of Investigation will conduct a further analysis. Police have obtained a search warrant to determine whether Chapman had other substances in his blood. Hopefully, Otto will recover fully from this serious accident. Sounds like a terrifying and sudden ordeal.

Lessons for Campus Safety?

Any single North Carolina bicycle accident – particularly heart-rendering tragedies like this one, in which a promising young student suffers grievously at the hands of a fellow classmate – touches us on a deep level and inspires us to take action.

The question, however, is: What action(s) SHOULD we be taking? How common are campus tragedies like these? What are their causes? What are the causes of those causes? What has been tried on other campuses that has worked, in terms of bicycle safety and general accident prevention? What methods have NOT worked?

These questions may all sound dry and somewhat scientific. Indeed, to answer them in a complete way, you need to collect significant data and catalog various accidents and methods to correct problems. In other words, it takes a lot of work to answer these questions properly and thoroughly – and then to apply their lessons to real world situations on campus and elsewhere.

Thus, we face a very interesting challenge. On the one hand, our emotions and the sad facts of accidents like these inspire us to want to “do something, anything…. Now!” But our better judgment tells us that if we really want to “do something that works,” we need to have a sober long view assessment of what works and what doesn’t.

Separating Theory from Practice

If you have been hurt or injured in a bicycle accident in North Carolina or elsewhere, the debate over the theory of prevention and punishment in some ways is irrelevant to you. You just want to get your life back and collect fair and equitable compensation for your injuries. There may not be a one-size-fits-all solution for your problems, but you can begin to wrangle them by connecting immediately with a North Carolina bicycle accident law firm.

More Web Resources:

Raleigh N.C. State Student Critically Hurt in Bicycle Accident

The Science of Accident Prevention

North Carolina Bicycle Accident Prevention 101: Why Are You REALLY Not Wearing Your Bike Helmet?

November 18, 2011, by Michael A. DeMayo

If you, a family member, or a friend was recently seriously hurt in a North Carolina bicycle accident, and you or the other victim was not wearing your helmet, you likely will face contempt from would-be sympathetic family, friends, and colleagues.

No doubt, you are probably kicking yourself right now, wondering why you ever thought it would be wise or safe to bike without a safety helmet. In this blog post, we are going to bypass the typical recriminations and root out the fundamental reasons why you – or anyone – would hop on a bicycle without the proper safety gear.

Did you not understand the risks?

Perhaps you failed to understand WHY wearing a helmet is critical. Chances are, this was not the case. But if you do need a refresher on why helmet use is encouraged – and the dangers of failing to wear a bicycle helmet – please see the link at the bottom of this article.

If you knew biking without a helmet was dangerous, why did you do it?

This is the mission-critical question. Chances are, at least part of you knew that you should wear a helmet while biking. So here are some possible explanations:

• Perhaps you didn’t have a helmet.
• Perhaps you planned to go for a short bike ride – to a friend’s house in an adjoining neighborhood, for instance – and you figured that you didn’t really need one.
• Perhaps you wanted to “look cool” and impress your daredevil friends.
• Perhaps you have a medical condition that makes it very uncomfortable to wear a helmet.
• Perhaps you have a psychological fear of putting on your helmet.
• Perhaps your helmet was difficult to adjust or “figure out,” and you didn’t want to bother reading your manual or asking a friend to help you learn how to put it on.
• Perhaps you “spaced out” because you were concentrating on some other task, like delivering a paper, seeing a long lost friend, or simply “enjoying the day.”

Most North Carolina bike accident safety analysts would drill down as far as we’ve currently drilled down and then stop.

But that might be a mistake.

After all, even if the reason you didn’t wear a helmet was as simple as — “I just didn’t feel like wearing a helmet because the helmet I have is ugly and uncomfortable” — doesn’t mean you have exposed the ultimate cause of your reckless behavior. Unless you address that ultimate cause, you might put yourself at risk for future accidents and more injuries.

At the same time, you will likely need a creditable, reputable help from a North Carolina bike accident law firm to protect your rights and hold another driver or even the manufacturer of your bicycle or helmet responsible for damages.

More Web Resources:

Bike accident helmet statistics

Why don’t you wear a helmet?

The Root Cause of Your North Carolina Bike Accident: What’s the “Reason Behind the Reason” That You Failed to Wear Head Protection?

November 16, 2011, by Michael A. DeMayo

In Part 1 of our discussion on the root cause of North Carolina bicycle accidents, we discussed some of the superficial reasons why some bikers fail to wear proper head protection, including:

• “I didn’t know that not wearing a helmet was dangerous.”
• “My helmet is ugly/uncomfortable/weird looking/confusing to put on.”
• “I didn’t want to look like a dork in front my friends.”
• “I just plum forgot.”

And as we discussed earlier in the week, most analysts consider these explanations to be root causes. However, this kind of analysis probably fails to expose certain fundamental beliefs or bad behaviors that may put you and others at risk in the future – risk not only for other North Carolina bike accidents, but also for accidents and injuries that have nothing to do with biking.

So, let’s drill down.

Let’s take one of the “excuses” – “I didn’t want to look like a dork in front my friends” – and unpack it. Why might someone say this? Let’s ask a theoretical daredevil 14-year-old boy why he is afraid of “looking like a dork” in front of his friends.

Theoretical 14-year-old: “Because dorks don’t have friends.”

Questioner: “So, you felt embarrassed at the thought of wearing your helmet because you have a strong need for acceptance and friendship.”

Theoretical 14-year-old: “Pretty much, yeah.”

Through this exercise, you expose that the 14-year-old has a compelling need to be accepted amongst his peers. This fundamental drive – to be accepted by his peers – is not necessarily good or bad. It’s just strong. And since it is strong, it has a potential to drive the 14-year-old to do other risky things that have nothing to do with helmet use.

The solution, therefore, should focus on encouraging the teenager to meet his needs for acceptance and friendship in ways that don’t violate your need (as a parent or caregiver) to protect him from harming himself or others.

Once you have this frame of mind, you can devise the appropriate strategies. These strategies would not necessarily work for a biker who said, “I don’t want to use my helmet because my helmet was too tight.” In that case, some very different fundamental feelings, needs, and root causes would have to be addressed.

For powerful insights into your case, connect with a competent North Carolina bike accident law firm.

More Web Resources:

Drilling down to find the root cause of an accident.

Building strategies around feelings and needs instead of around blame and punishment.

Are Gruesome Reports About North Carolina Car Accidents Rendering Us Insensitive to Dangers of the Road?

October 3, 2011, by Michael A. DeMayo

The internet has enabled nearly instant distribution of relevant news about things like North Carolina car accidents. No longer must you wait until the next day’s paper to read about a terrible DUI accident that killed two young teen girls or a monstrous Mack truck flip on I-95. Instead, within minutes to hours of a crash, you can likely find info about what happened in the media, blog posts, Twitter, social media, etc.

In some ways, this is good. One can argue that increasing awareness of these stories helps drivers remember the deadly consequences of failing to follow good safety precautions (such as: wear your seatbelt, don’t drive DUI, put down that cell phone when you drive, etc). But one can also make the argument that the oversaturation of these horror stories causes us to lose our sensitivity. In other words, as the classic saying about genocide goes: one death is a tragedy, 1 million deaths is a statistic.

The more stories we see about scary auto, car, bicycle, and motorcycle accidents, the more commonplace we will believe these accidents are. And that’s scary. Because part of the point of news reports about horrible events is to educate the public and help people make safer decisions about how to live and interact with the world.

If this philosophy is true – that over-publishing does more harm than good – opponents will be fighting an uphill battle for some time. The media — in particular the blogosphere — is insatiable. Consumers love consuming new information. And it’s hard to see how the tide can be turned.

Of course, if you or someone you care about has recently been hurt in a crash, you probably care less about how to prevent accidents and more about the specifics of what you can do, right now, to protect your rights and get compensation. Connect with a North Carolina car accident law firm to discuss your options and figure out how to get good results.

More Web Resources:

Do Bad News Stories Do More Harm Than Good?

What’s the Point of Reading the News, Anyway?

Charlotte, North Carolina Driver Charged in Monroe Bicycle Accident that Killed Rider

January 28, 2011, by Michael A. DeMayo

A Charlotte man is charged in the deadly hit-and-run Monroe bicycle accident that killed Roy Dean Mittelsteadt last night. A passing motorist saw the 46-year-old cyclist on the side of Rocky River Road and notified police.

An alert was put out in the area and a Wingate officer later spotted a Honda Element with “massive front end damage.” Its driver, Stephen Lance Helms, is charged with second-degree murder and DWI. More charges are pending.

Hit-and-run driving is against the law and is an act that can definitely place the defendant of a North Carolina car accident lawsuit at a disadvantage when it comes to determining negligence. All motorists are supposed to stay at a crash site when an injury is involved. When that driver caused the accident by driving recklessly and then fleeing the scene without reporting the accident or getting help for the injured party, he or she may end up owing significant damages to a crash victim that has suffered serious injuries.

For a bicycle accident victim, working with an experienced Monroe, North Carolina car crash law firm can increase your chances (and the amount) of your recovery. Your Monroe injury law firm should know how to gather evidence, assess the extent of your injuries and their resulting costs, interview witnesses, and hire the right experts to prove your case. Also, because North Carolina is a state with a contributory negligence law, if a victim is found to be even 1% at fault for causing the injury accident, he or she cannot get any compensation from the other party—even if that person or entity is 99% responsible for the crash. This is yet another reason to make sure your case is being handled by experienced Monroe traffic accident lawyers.

Charlotte man charged in hit-and-run that killed bicyclist, Charlotte Observer, January 28, 2011

Related Web Resources:
North Carolina Department of Transportation

Bicycle Accidents, Nolo

Decrease in Helmet Use Causing More Young Motorcyclists to Suffer Traumatic Brain Injuries

November 30, 2010, by Michael A. DeMayo

With more young motorcyclists riding their bikes without helmets, there has been an increase in the number of serious head injuries and long-term disabilities from motorcycle crashes. These injuries are creating huge medical expenses. These findings and others are based on two new companion studies that were recently published in Pediatrics. One study examines young motorcycle riders and their head injuries and the resulting medical expenses, while the other studies the effect that mandatory helmet laws, which differ depending upon the state, have on motorcyclists. In North Carolina, all riders are required to use a helmet.

Study author Harold Weiss, who is the Dunedin School of Medicine’s injury prevention research unit director, says that in 2006, 25% of all traumatic brain injuries that occurred during motorcycle crashes involving riders under age 21 resulted in long-term disabilities. Patients with serious head injuries have an at least 10 times greater chance of dying in the hospital. Weiss also notes that other studies have shown that when there are youth-only mandatory helmet laws rather than universal helmet laws, young people are more likely to ditch their helmets. Other findings from the study:

• Motorcycle crashes were the reason for 3% of all injuries that resulted in hospital stays for 12- to 20-year-olds in 2006.

• 1/3 of the 5,662 minors who were motorcycle accident victims sustained TBIs.

• Almost 50% of those killed or injured belonged to the 18- to 20-year-old age group. 90% of them were boys.

• In 2006, motorcycle accident-related hospital bills were at almost $249 million. Head injuries cost $58 million. Insurance did not cover 1/3rd of the these expenses.

• Helmet use decreases head injuries by 69% and deaths caused by head injuries by 42%.

Even with the state’s mandatory helmet law, North Carolina motorcycle accident injuries do happen and not everyone obeys the law. As our Charlotte, North Carolina injury lawyers mentioned in an earlier blog post, while overall motor vehicle deaths have gone down this year, there has been a 20% rise in North Carolina motorcycle deaths in 2010. Per the Highway Patrol Fatal Slip Report, As of early September, there had been 78 motorcycle deaths. By the same time last year, there had been 65 motorcycle fatalities. In total, there were 82 North Carolina motorcycle deaths for 2009.

Young Motorcycle Riders Suffering More Brain Injuries, Bloomberg Businessweek, November 19, 2010

State to combat rising motorcycle deaths, Hickory Daily Record, November 7, 2010

The Number of North Carolina Motorcycle Deaths is On the Rise, North Carolina Car Accident Lawyer Blog, September 16, 2010

Related Web Resources:
Current US motorcycle and bicycle helmet laws, Insurance Institute for Highway Safety, December 2010

Pediatrics

Teen Driver Accused of Causing Charlotte, North Carolina Pedestrian Accident that Injured Three Booked on DWI Charges Again

August 12, 2010, by Michael A. DeMayo

Nearly two weeks after striking three people during a Charlotte, North Carolina pedestrian accident in the Elizabeth neighborhood, 19-year-old driver Kirstie Pienta has been booked for DWI. This is her second driving while intoxicated charge. Pienta was previously charged for speeding, DWI, following too closely driving after consuming under 21, and civil revocation of license. She now is also charged with driving and consuming alcohol under the age of 21 and felony serious injury by vehicle.

The Charlotte, North Carolina car crash occurred on August 1 at around 2am on 7th Street. Police say that the teen driver struck a number of pedestrians, even dragging one of them, Danielle Moore, almost 100 feet. They don’t believe that Pienta stepped on the brakes.

According to witnesses, the teen motorist was driving at a speed of at least 45 mph in a 35 mph zone. They also say that she was drinking and her speech was slurred less than half an hour before the Charlotte pedestrian accident.

One of the pedestrians that she allegedly struck, Michael Hayes, injured his leg. He says that he will have to undergo follow-up surgery. Also struck was Damion Jenkins. Moore, who sustained compound fractures to her leg, was taken to the hospital in fair condition.

Pienta, who was transported to the hospital in serious condition for her Charlotte, North Carolina car accident injuries, was taken to jail after she was discharged.

Charlotte, North Carolina Car Accidents
Our Charlotte, North Carolina car accident law firm is determined to help teenagers become aware of the dangers that can come with driving drunk. Every year, the Law Offices of Michael A. DeMayo awards college scholarships to a number of high school students who have come up with inspiring and innovative ways to discourage drunk driving among their peers.

Youth and inexperience already increase the risk that a young motorist may become involved in a traffic crash when he/she is sober—let alone when driving under the influence of alcohol or drugs. When injuries or death result, a young driver may have to face not just criminal charges but also a civil claim for Charlotte, North Carolina wrongful death or personal injury.

Teen accused of DWI taken to jail, Charlotte Observer, August 11, 2010

Teen who wrecked Mercedes and hit pedestrians, charged, WBTV, August 10, 2010

Teen driving Mercedes charged in wreck that hurt 3 pedestrians, WAFB, August 3, 2010

Related Web Resources:

Winners of the 2010 Michael A. DeMayo Scholarship Join the Fight to Stop North Carolina Car Accidents Caused by Underage Drinking, NorthCarolinaCarAccidentLawyerBlog, May 22, 2010

Teenage Drunk Driving Risks, AlcoholAlert.com

Division of Bicycle and Pedestrian Transportation, North Carolina Department of Transportation

Disabled Plymouth Cyclist Killed in North Carolina Truck Accident

August 6, 2010, by Michael A. DeMayo

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

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

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

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

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

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

How drivers can avoid hitting bicyclists:

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

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

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

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

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

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

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

Rockwell Man Struck Six Bicyclists in Cabarrus County Hit-and-Run Accident

June 10, 2010, by Michael A. DeMayo

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

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

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

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

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

Little leaves behind his wife Melissa and their two daughters.

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

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

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