North Carolina Car Accident Lawyer Blog

The NC Court of Appeals says a mother’s wrongful death lawsuit against the city of Winston-Salem over her 7-year-old son’s tragic bicycle accident can proceed. Joshua Palomares-Beckles died on May 20, 2006 when he was fatally struck by a car driven by Michael Andrew Logan Jr.

Logan, who pleaded guilty to involuntary manslaughter, driving while impaired, and felony death by motor vehicle, had been driving on the wrong side of the street to avoid vehicles that were parked on the other side when he hit Joshua at the Wells and Freeman intersection. The bicyclist was dragged under the SUV.

In 2007, Hayluri Beckles-Palomares, Joshua's mother, sued Flow Cos, homeowner Norman Moore, and the city of Winston-Salem for North Carolina wrongful death. She claims that the street conditions, including vegetation that blocked the view and the vehicles that were parked there, contributed to her son’s wrongful death.

Beckles-Palomares accused a flow dealership of illegally parking vehicles on the street, limiting sight lines. She said that Moore was responsible for blocking the view because he didn’t trim the bushes located next to his property.

Flow and Moore settled with Beckles-Palomares in 2008. The terms of their North Carolina wrongful death settlements are confidential.

Beckles-Palomares is accusing the city of Winston-Salem of obstructing traffic and human vision, failing to regulate maintenance on its streets, and parking regulation violations. The North Carolina city sought governmental immunity, citing protection under the public-duty doctrine. In December 2008, the city asked a judge to rule in its favor without a trial. Forsyth Superior Court judge Martin denied the request, the city appealed, and an appellate court panel agreed with the judge’s ruling.

In 2008, pedalcyclists, ages 15 and under, made up 13% of all pedalcyclist deaths in the US. Losing a child is one of the toughest defeats a parent has to face. It is especially tragic to know your child would have lived were it not for the negligence of others. As the grieving parent, you may have grounds for filing a North Carolina bicycle accident complaint or a wrongful death lawsuit.

Suit can proceed, WInston-Salem Journal, February 3, 2010

Bicyclists and Other Cyclists, 2008 Traffic Safety Facts, National Highway Traffic Safety Administration (PDF)

Related Web Resources:
City of Winston-Salem, North Carolina

League of American Bicyclists

North Carolina Department of Transportation

A North Carolina traffic accident involving a school bus and a pickup truck has left the truck driver and several students with injuries. The Elizabeth City bus collision happened on Tuesday at around 3:39 pm at the US Highway 17 and Main Street intersection when one of the motor vehicles ran a traffic light.

The pickup truck struck Bus 137, which was carrying 42 students from Pasquotank High School and Elizabeth City Middle School. The school bus overturned, and 11 people were hurt.

Most of the students sustained bruises, joint injuries, bruises, and cuts, or experienced back or neck pain. One student suffered an asthma attack. Another student, age 15, started having seizures and was flown to a hospital for treatment of possible head injuries. The bus driver also was injured in the North Carolina bus accident.

The pickup truck’s driver, a woman in her 50’s, sustained multiple trauma and she may have internal injuries. She had to be cut from her vehicle, which had pinned her in.

According to the National Highway Traffic Safety Administration, there have been 1,409 school transportation-related crashes since 1998 resulting in 1,564 injuries, which breaks down to approximately 142 deaths/year. School-transportation-related collisions usually involves a school bus vehicle or a non-school bus that is used to transport kids to and from school or school-related activities.

Most school buses don’t have safety belts installed in the passenger seats, This can place students at risk of serious injury during a North Carolina bus crash. Kids can easily get thrown on top of each other, or into the front, back, or sides of the vehicles involved. In the event that the school bus were to overturn, students can easily strike their heads on the bus roof, resulting in injuries to minors.

North Carolina school bus accidents can happen because a driver, another motorist, or another party was negligent.

Students injured in school bus accident Tuesday, Daily Advance, January 27, 2010

Students injured in Elizabeth City school bus collision, Hampton Roads, January 27, 2010

Related Web Resources:
National Highway Traffic Safety Administration

School Transportation News

Continue reading "Elizabeth City Bus Accident Leaves Several Students with Injuries " »

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 " »

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" »

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" »

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" »

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" »

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 " »

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 " »

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

Continue reading "Charlotte, North Carolina Car Accident Law Firm Awards 10 College Scholarships to Students for Underage Drinking and Driving Essays" »