Topic: Pedestrian Accidents

North Carolina Car Accident Theory – Talking to the Driver Who Just Hit You

February 7, 2012, by Michael A. DeMayo

After a North Carolina auto accident – even a minor one, such as a fender bender at a red light or a scrape on the freeway – you enter a kind of primitive physiological state. Your body knows that it’s under threat, and stress reactions kick in. Your adrenaline may jack up. Your blood pressure may rise. You may experience extreme anger as well as focus. If you’re injured, your body may go into shock. A lot of things happen, both psychologically and physically, in other words – even if the accident is minor.

When you get out of your vehicle and talk to the driver or motorcyclist or trucker who hit you, you’re still operating, physiologically, from this primitive state. It’s normal, in such a situation, to feel extreme animosity and anger because you’ve had your need for safety fundamentally threatened. So, you may end up saying or even doing things that you would never do in “real life.” You might curse at an old lady or threaten to punch a scared teenager. You might make accusations that have no bearing or, conversely, apologizing for something that you didn’t even do. Some of these communication mistakes are unfortunate but inconsequential. If you call an old lady an SOB, you might regret it later, but it might not hurt your potential to obtain compensation in North Carolina auto accident case. But if you engage in other behaviors – such as admitting fault as a “gut reaction” when you weren’t indeed in fact at fault, that admission can come back to haunt your case.

To protect yourself from ever having to be in this position, you need to practice how to communicate with people while you’re under stress. Techniques abound to help people become better listeners and more calm and cool in dangerous circumstances. One philosophy of communication you may wish to explore is Dr. Marshall Rosenberg’s Nonviolent Communication philosophy. Rosenberg teaches his students to listen for the “feelings and needs” behind aggressive and angry external statements. For instance, the driver who cursed at you may not be angry because at “you;” rather, he is angry because his need for safety was not met. It’s a subtle distinction, but it’s an important one, since it liberates you from responsibility for other people’s feelings. Likewise, when you get in contact with your own feelings and needs, you are less likely to “take things personally” and more likely to be resourceful, compassionate, and even empathetic in situations where you are under stress.

Learning NVC communication is by no means easy or simple or intuitive. But Rosenberg’s students have compiled many anecdotes in which NVC training helped them to deal with extremely such stressful situations – being robbed, being threatened in public, etc. By connecting with yourself and with others at moments of anger, you can defuse situations that could otherwise turn ugly and also protect and preserve your chances for maximizing justice and obtaining the best possible recovery and resolution.

More Web Resources;

What Happens to the Brain During Periods of Extreme Stress

Nonviolent Communication Website

North Carolina Car Crash Scam: Eight People Charged, Millions Outraged

October 13, 2011, by Michael A. DeMayo

Authorities in Raleigh have arrested eight people in conjunction with a North Carolina car crash scam. According to State Insurance Commissioner, Wayne Goodwin, the group “staged car wrecks and then submitted bogus insurance claims” to pull in $44,000. Had authorities not thwarted scam, the group could have succeeded with claims for an additional $51,000. Authorities are still looking for two other people suspected of faking car crashes to collect insurance claims. Most of the suspects are from Raleigh, although one hails from Louisburg; all eight people are being held on various bond amounts, according to an AP report.

Obviously, conscientious citizens find this behavior despicable and scary. Who fakes car crashes to collect money? What would happen if a car crash actually injured someone – not just one of the scam artists but an innocent bystander? How common is this kind of scheme? What can people do to prevent becoming victimized by scam artists?

These are all crucial questions, and it’s easy to worry about crazy insurance scammers threatening the lives of motorists and pedestrians. But it’s important not to get distracted by these fantastical, low-probability problems — e.g., someone crashing his car into you, so he can dupe you in some elaborate insurance scam. After all, there are real road dangers out there, and your time is better spent focusing on the dangers you can control and are likely to face. For instance, as we’ve discussed before in this North Carolina car crash blog, certain times of day and holidays are far more dangerous than others. If you make a conscious effort to avoid driving on, for instance, New Year’s Eve and Super Bowl Sunday – as well as on Friday and Saturday nights – you will likely reduce your accident risks a lot more than if you fret over the nefarious doings of car crash scam artists.

For grounded help with your North Carolina car accident issues, connect with a responsible North Carolina car accident law firm.

More Web Resources:

NC Police Charge Eight with Running Car Crash Scam

How common are car crash scams?

North Carolina Motorcycle Accident Aftermath – Don’t Make a Bad Situation Worse!

July 7, 2011, by Michael A. DeMayo

Whether a racing teenager knocked your bike off the road and gave you a head injury and serious lacerations and road rash; or a careless pedestrian wandered in front of your bike, causing you to veer off into oncoming traffic and get seriously hurt, you want a smart way to figure out how to pick up the pieces from your North Carolina motorcycle accident.

Unfortunately, many victims make profound mistakes in the minutes, hours, days, and weeks following their crashes which prevent them from collecting due compensation, healing properly, and returning their lives to normal. Here are a few:

1. Failing to collect information from the scene of accident

Obviously, in the wake of your North Carolina motorcycle accident, you should immediately seek medical attention – as well as help other injured victims get attention as well. But in terms of your case, you should also be mindful of collecting info that you can use later to build a potential lawsuit – info such as the names, numbers, and contact information of all drivers involved; witness reports; photographs of the accident and property damage and injuries; police reports; or any other relevant information. Failure to collect info quickly can result in its degradation – or, in the case of witness statements, it being forgotten or misremembered later on.

2. Taking too long to find good help

A North Carolina motorcycle accident law firm
can help you strategize immediately about who might be liable, how potentially to hold that person or company or insurance company to account, and how to deal with other problems or potential opportunities that arise along the way. Again, the longer you wait to acquire representation, the greater the possibility that critical information will get lost, misremembered, or otherwise warped and degraded.

3. Undercutting your case by saying things you shouldn’t

If you make an admission of guilt in a crash – saying things like “I am sorry; I should have signaled” or something along those lines — you can potentially wind up as a target in a case where you’re really the victim. Likewise, if you admit certain facts to the other driver’s insurance company’s representatives, for instance, you can waylay your chances for an optimal settlement or trial verdict. This isn’t to say you shouldn’t tell the truth – but be sure to talk to an attorney before you start discussing your case widely, so you don’t potentially impede your chances of an optimal settlement or verdict in your favor.

More Web Resources:

Better decision making

parkinson’s law

Double Hit and Run North Carolina Car Accident Almost Too Distributing to Write About

June 30, 2011, by Michael A. DeMayo

One of the most disturbing North Carolina car accidents in years occurred in Craven County, NC, last week on Highway 17. 25-year-old Jennifer Lynn Bond was banging on apartment doors early in the morning, trying to get someone to call the police to say that she had been raped.

No one answered her cries for help.

She wound up drunk and passed out on Highway 17. According to a Highway Patrol Trooper, shortly after she passed out, a dual axle commercial truck struck Bond and drove off – a lethal hit and run. Minutes later, a second car – this one a passenger vehicle – struck Bond a second time and AGAIN drove off without stopping.

So not only was this poor 25-year-old raped and then ignored by people when she sought help… but then two cars struck and killed her… and both drivers didn’t stop.

It’s North Carolina car accident stories like these that really challenge one’s faith in humanity and in the decency of people.

How could this have happened? How could so many people act so callously towards this young woman? And how can we as a society cope with this tragedy – not just to ensure that it doesn’t happen again but also to find justice and lessons here?

According to WNCT.com, investigators at this time do have a lead on the passenger vehicle that hit Bond the second time. But the driver of the truck that hit her has not been identified or found.

One would like to chalk this tragedy up to a single callous event… that it doesn’t actually speak to the quality and character of the people of North Carolina. But it’s difficult to put the accident into a humane context.

One potentially more “postive” way of looking at it (if one can even justify the use of that word in this context – doubtful) is that the people involved weren’t necessarily evil – they simply were ignorant or inattentive or scared or some combination thereof.

For instance, maybe the truck driver who hit her the first time didn’t see her because she was passed out on the road. Hard to believe, but it is at least theoretically possible.

Unfortunately, victims’ rights do get trampled and lost, which is why it’s so important that if you or someone you care about has been hurt or injured in a motor vehicle accident that you connect with a North Carolina car accident law firm to fight forcibly for your rights, hold wrongdoers to account, and get recovery for damages like your lost wages, time off of work, medical and surgical bills, and wrongful death damages.

More Web Resources:

Jennifer Lynn Bond accident


Hit & Run Victim and Driver Identified‎

Uncommonsensical Ways to Reduce Your Risk of North Carolina Motor Cycle Accidents

June 2, 2011, by Michael A. DeMayo

North Carolina car, truck, motorcycle accident specialists often presume that motorists know how to comport themselves safely on the roads but simply “choose not to” for a variety of reasons.

For instance:

• A driver may consume drugs or alcohol before getting behind the wheel;
• Or a motorcycle rider may choose not to wear a helmet and thus increase her risk of serious head injury in a fall.
• Or a truck driver may pop speed pills or drink massive amounts of Mountain Dew to clock in extra hours on a long run.

And so the standard recommendation for increasing safety involves changing driver behavior. And there is definitely is something to this. Obviously, if drivers engaged more courteously with one another, employed best practices for safety (such as wearing helmets and seat belts) and paid more attention to keeping their vehicles shipshape, we definitely would see fewer accidents – and fewer injuries, fatalities, and resultant North Carolina motorcycle accident lawsuits.

On the other hand, it’s probably very simplistic to take this “blame the driver” mentality as far as we collectively have.

The social pressures that human beings feel are profound and difficult to fight against. Who hasn’t gotten mad and felt a little bit of “road rage” in the middle of a gridlock? Who hasn’t engaged, at least a few times, in a careless, frivolous, or just downright stupid activity behind the wheel or as a pedestrian?

As much as we like to think of ourselves as rugged individuals, we are highly attuned and responsive to social cues. When people drive fast, we feel compelled to “keep up with them.” When everyone else in the car doesn’t wear a seatbelt, we feel foolish for wearing ours. You can find countless examples of this kind of social influence in our driving behavior.

So why, then, do we focus essentially exclusively on changing the behavior of individuals? Why don’t we focus more on changing out collective behavior?

The typical counterargument is… we do. We post signs everywhere. We provide driver education. We publicize the results of accidents and engage in endless debates about punishments, regulations, and road engineering.

But perhaps what’s missing is a more systematic probing of the social influences on drivers. Better campaigns might focus, for instance, on making driving fast “less cool” among teenagers.

Sounds impossible? Perhaps. But what if every North Carolina high schooler was required, twice a semester, to watch scary filmstrips about the dangers of driving too fast? Would the repetition of the message create the conditions to change the culture among teenage drivers? Perhaps. But until we start to think about our safety engineering in terms of changing the consciousness of social structures instead of changing the consciousness of individual drivers, we are going to be stuck metaphorically spinning the wheels on the safety question.

Questions about your recent car, truck, motorcycle accident? Connect with a North Carolina motorcycle accident law firm today.

More Web Resources:

Power of Social Pressures

How Reporting on North Carolina Auto Accidents Impacts Driver Behavior

May 20, 2011, by Michael A. DeMayo

When you read about North Carolina car, truck, and bus accidents on the web (or check at the local news), you may think that you’re participating in a relatively harmless, if voyeuristic, activity. But research suggests that the news itself can have a profound impact on the rates and kinds of accidents that occur.

This may seem like a paradoxical, somewhat crazy, statement. But research in a variety of fields backs it up. Reports about teen suicides, for instance, may increase the number of (similar) teen suicides in their wake. Similarly, if a blog or news report discusses a North Carolina car accident – such as an elderly driver running a red light and getting hurt – this may indirectly (and inadvertently!) causes a spike in very similar kinds of accidents.

What’s going on here?

Theories abound. One interesting idea is that news reports make certain kinds of disasters more salient in people’s minds. This additional salience may be enough to “tip” people into committing accidents. For instance, in the teen suicide example… perhaps there is always a population of teens who are on the verge of harming themselves. If a teenager sees a news report about a person very much like himself or herself committing suicide, he or she may get an indirect psychological suggestion that says this kind of behavior is “okay” – and that signal may be just enough to give the teen “social permission” to commit suicide… as awful as that sounds.

Likewise, if you’re a 65-year old woman, and you read about a 60 something year old woman who gets into a car accident, you may be psychologically “persuaded” to take more risk.

It sounds completely counterintuitive. After all, you’d think that reading such a report would make you MORE vigilant against that kind of trouble. And perhaps it does that too… for some people. But human beings are, first and foremost, social creatures. And the ways and means by which cultural influences change our behavior are many and mysterious.

Again, these concepts are both somewhat controversial and speculative. But in our hussle and bussle to clamp down on accident rates and protect drivers and pedestrians, we need to look at indirect factors, such as this kind of “social permission giving,” to devise effective policy.

If you or someone close to you has been hurt in a motor vehicle accident, a North Carolina auto accident law firm can work with you to strategize how to get compensated for your medical bills, lost wages, rehab and time off of work.

More Web Resources:

Suicide and the media

Copycat suicide

Lawmakers Deliberate Whether to Step Up the Fight Against North Carolina Distracted Driving Crashes with a Ban on Handheld Cell Devices

March 26, 2011, by Michael A. DeMayo

State lawmakers have been debating whether to only allow the use of hands-free cell phones while driving. The government leaders are trying to decide whether enforcement and safety is more important than personal freedoms. The chief bill calling for this ban is Rep. Garland Pierce of Scotland County. Hopefully, if the measure passes, the prohibition would save some more lives while decreasing the number of North Carolina car crashes that occur each year.

Currently, there is a statewide ban on texting while driving. While school bus drivers and drivers under the age 18 are not allowed to talk on a cell phone at all, other adult drivers can use any type of cell phone while driving.

Our Charlotte, North Carolina car accident lawyers are familiar with the catastrophic results that can occur on the road because someone was distracted while driving.
Although word is now getting out that distracted driving is dangerous enough to kill people on the road, many people still are unable to resist the urge to talk on the phone, text, surf the Internet, or email while driving.

Cell Phone Use and Brain Distraction
The National Safety Council put out a white paper today on how cell phone use distracts the brain when the user is driving a car. It doesn’t matter whether a driver is using a handheld or a hands-free device. Either way, the brain has to multitask, which makes it harder for the motorist to drive safely.

The NSC says that not only does talking on the phone while driving impair a motorist’s performance, but also, it makes it harder for the brain to pick up on cues. For example, a driver talking on the phone may experience a type of “inattention blindness” that might cause him/her “look at” but not “see” nearly 50% of the information in their environment, including signs of possible hazards.

Also, in addition to having one’s attention focused on the conversation rather than on the road, use of a handheld phone while driving keeps one of the driver’s hands occupied, which can make it harder for him/her to use both hands in the event of an emergency requiring the motorist to use both hands.

More cell phone limits in car debated by NC House, Business Week, March 24, 2011

The National Safety Council Releases White Paper on Brain Distraction During Cell Phone Use While Driving, National Safety Council, March 26, 2010

Related Web Resources:
Cell Phone Laws, Insurance Institute for Highway Safety

The National Safety Council’s Distracted Driving White Paper (PDF)

More Blog Posts:
The Fight Against Distracted Driving: GHSA Seeks Total Ban On Cell Phone Use, North Carolina Car Accident Lawyer Blog, September 25, 2011

Distracted Driving?: Unfinished Text Found in Vehicle Involved in North Carolina Car Accident that Injured Two Pedestrians, North Carolina Car Accident Lawyer Blog, June 4, 2010

Distracted Driving Cited As Alleged Cause of Charlotte, North Carolina Car Accident that Killed Father and Daughter

February 12, 2011, by Michael A. DeMayo

18-year-old Clemmons resident Sharai Marie Bauer has been charged with misdemeanor death by vehicle over her alleged involvement in a Charlotte, North Carolina car accident that killed 67-year-old Ji Sheng Lu and his 37-year-old daughter Jing Lu. Jing’s son, age 1, survived the crash with serious injuries.

According to the Observer, the Lu family was walking in the direction of traffic near a street curb on February 9 when they were allegedly struck by the vehicle that Bauer was driving. Ji Sheng Lu died at the scene, while Jing Lu was pronounced dead several hours later at Carolinas Medical Center.

It is suspected that the teen driver became distracted when an object fell to the floor of her vehicle and she bent down to pick it up. Police are also trying to determine whether Bauer was speeding.

Neighbors in the area where the crash happened have come forward to complain that it is not uncommon for vehicles to speed through and even run the stop sign. They have reportedly asked the city of for speed bumps. In 2009, they request a 4-way-stop sign some 50 yards from where last Wednesday’s Charlotte, North Carolina pedestrian accident took place. CDOT says that it has been waiting for a majority of the neighbors to sign a petition, which it has yet to receive back.

Distracted Driving
If distracted driving did play a role in last week’s collision, then the tragic accident is yet another example of why it is so important to keep one’s attention on the task of driving and eyes on the road. A driver usually never intends to harm anyone when he/she becomes distracted while driving. Unfortunately, deadly Charlotte, North Carolina traffic crashes can happen as a result.

Neighbors push for speed bumps, sign on street where 2 killed, WCNC, February 10, 2011

Distracted driver, 18, allegedly kills 2, UPI.com, February 10, 2011

Related Web Resources:
Charlotte Department of Transportation

Distracted Driving, US Department of Transportation

Related Blog Posts:
Teen Killed in Winston-Salem Pedestrian Accident While Waiting for Bus, North Carolina Car Accident Attorney Blog, December 31, 2010
Distracted Driving?: Unfinished Text Found in Vehicle Involved in North Carolina Car Accident that Injured Two Pedestrians, North Carolina Car Accident Attorney Blog, June 4, 2010

AAA Carolinas Warns Against Distracted Driving in North Carolina and South Carolina, North Carolina Injury Lawyer Blog, October 13, 2008

Teen Killed in Winston-Salem Pedestrian Accident While Waiting for Bus

December 31, 2010, by Michael A. DeMayo

Stefan Jalen Fairfax, 17, died on Wednesday when he was hit by an SUV in a Winston-Salem car accident. The teenager was waiting for the city bus on North Cherry Street when the vehicle drove off the road and hit him. Fairfax was pronounced dead at Wake Forest University Baptist Medical Center.

It is not yet known whether charges will be filed against Omar Joseph Daniel Scott, the 27-year-old SUV driver. MyFox8, however, says that investigators’ preliminary findings show that Scott may have been distracted at the time of the North Carolina car accident. The Winston-Salem Journal says that Fairfax’s mother Sandra wants more answers.

Our Winston-Salem injury lawyers know how hard it can be to lose someone you love during a North Carolina traffic crash—especially when the accident occurs during the holidays. Now, more than ever, when the road and weather conditions and visibility are not ideal conditions for driving, motorists must be extra vigilant to avoid becoming involved in a collision. For example, distracted driving, which sounds like a harmless enough activity, can prove fatal when the driver fails to pay attention to the road for even just a few seconds for any reason.

Distracted Driving
Distracted driving was the cause of death for almost 5,500 people in 2009. Another 500,000 suffered injuries. Often, when we hear about distracted driving, talking on a cell phone or texting while driving come to mind. While these two habits definitely rank high on the list of dangerous distracted driving activities, just looking down for a few seconds to fiddle with an iPod or open up a bag of chips can prove fatal if the driver ends up hitting another vehicle or a pedestrian.

Other Distracted Driving Activities:
• Applying makeup
• Removing nail polish
• Watching a movie
• Surfing the Internet
• Changing clothing
• Eating or drinking
• Playing with a pet
• Reading a book or newspaper
• Becoming engrossed in a conversation
• Changing songs on an MP3 player

It is important that you know that there are options available to you for holding any responsible parties liable.

Teen Hit by SUV, Killed While Waiting for City Bus, MyFox8, December 30, 2010

Victim’s mother wants driver charged in son’s death, Winston-Salem Journal, December 31, 2010

Related Web Resources:
Distracted Driving, Distraction.gov

Distracted Driving, NHTSA

Will Proposed NHTSA Rule Help Prevent North Carolina Backover Accidents?

December 8, 2010, by Michael A. DeMayo

The National Highway Traffic Safety Administration is proposing a rule that will hopefully decrease the number of vehicle backover accidents that occur. Under the proposed rule, pickup trucks, passenger cars, buses, minivans, and low-speed autos that have a gross vehicle weight rating of no more than 10,000 pounds would have to be equipped with a field of view that would allow their drivers to see directly behind the autos when the cars are going in reverse. NHTSA believes that in-vehicle displays and rear-mounted video cameras could satisfy this requirement.

Meeting the proposed rule’s requirements means that 10% of new autos have to be in compliance by September 2012, 40% by September 2013, and 100% by September 2014. The proposed rule was required under the Cameron Gulbransen Kids Transportation Safety Act of 2007, which was named after a 2-year-old boy who died when his dad accidentally backed over him with an auto.

NHTSA says that about 292 deaths and 18,000 injuries annually can be attributed to back-over accidents. Light weight vehicles weighing no more than 10,000 pounds or under played a role in 228 of these deaths. About 44% of the victims of these light vehicle crashes were kids, while 33% were seniors from the 70 and over age group.

Our Charlotte, North Carolina car accident lawyers represent the families of children and the elderly who have suffered serious pedestrian injuries in a traffic crash. In some cases, a tragic traffic crash will happen because a driver was negligent. In other cases, pedestrian error was the cause. Still, other cases can occur because of a vehicle malfunctioned or was designed inadequately.

Even when all new vehicles are equipped with new backover prevention technology, a driver must still pay attention and exercise caution. Here are some steps to prevent becoming involved in a backover crash:

• Look behind the car and make sure there is no one behind the vehicle.
• Back up slowly.
• Constantly check back there to make sure there is no one behind you.
• Know how big your blind spot it so that you can work with it.
• Pay attention
• Don’t drive while distracted.

U.S. DOT Proposes Rear View Visibility Rule to Protect Kids and the Elderly, NHTSA, December 3, 2010

Rear Visibility Rulemaking, NHTSA (PDF)

Backover Crashes, Insurance Institute for Highway Safety

Blind zones and backover accidents, Consumer Reports