March 2010

Raleigh Pedestrian Accident Kills One Teen and Injures Another

March 31, 2010, by Michael A. DeMayo

14-Year-Old Lindsey Fensmire died from injuries she sustained in a Raleigh pedestrian accident on Friday. Another teen, 14-year-old Krista Carcaterra, also was injured. The two girls reportedly ran in front of traffic on a five-lane road.

No criminal charges are expected to be filed against Ronald Blackwell, the Wilson driver of the SUV that struck the two girls. However, city officials are looking into whether there are safety issues involving the road that need to be addressed.

The two girls were not using a crosswalk when the vehicle struck them. Residents want the city to install a crosswalk or a traffic signal in the area where the North Carolina pedestrian accident happened. The closest crosswalk is a few hundred feet away.

North Carolina Pedestrian Accidents
In addition to pedestrian error, driver negligence, and auto products liability, poor road design is another cause of pedestrian accidents. According to Transportation for America, more than 50% of pedestrian fatalities take place on poorly designed arterials that, for the sake of moving as many vehicles through the area, are made up of multiple lanes without enough sidewalks, crossing signals, and crosswalks.

Roads that don’t take pedestrians into account can be high risk areas for bicyclists and people that choose to walk. You may be hold a city liable for failing to design a road properly for pedestrians if traffic injuries or deaths occur. This is why you should speak with a Raleigh, North Carolina pedestrian accident lawyer about your case.

Sidewalks, pedestrian refuge medians, traffic signals, pedestrian lanes, improved road geometry, and lower speed limits are some elements that can improve a road for pedestrians.

Road Safety Where Teen Killed Under Review, Wake, March 29, 2010

Investigators say 2 NC teens hit by car ran out in traffic, 1 girl killed, WTKR, March 28, 2010

Related Web Resources:
Raleigh among most dangerous cities for pedestrians, WRAL, November 4, 2009

City of Raleigh

Tractor-Trailer Crash Involving 15-Passenger Van Kills 11 People

March 26, 2010, by Michael A. DeMayo

In a tragic truck crash making national headlines, 11 people were killed on Friday when a tractor-trailer crossed a median to crash head on into a 15-passenger van. The impact of the semi-trailer accident killed the truck driver and killed Mennonite minister John Eshe, his wife Sadie, their daughter-in-law, four of their two children, the fiancé of their daughter, a baby grandson, and a family friend. The 10 of them were riding in the van. Two children, ages 5 and 3, survived, but their parents, Leroy Eshe and his wife, were among those that died.

The semi-trailer crash happened between 5:30 AM and 6 AM on Interstate 65. The operator of the tractor-trailer involved in the collision is Hester Inc.

North Carolina Truck Accidents
Our Charlotte, North Carolina truck accident lawyers represent victims and their families. Truckers must be careful when operating such large vehicles that often carry up to 80,000 pounds of cargo. Most cars, motorcycles, and pedestrians are defenseless when colliding with a tractor-trailer.

Many trucking companies are equipped to immediately begin fighting against any claims of liability. This is why you shouldn’t try to take on an insurer without speaking with a Monroe semi-truck crash law firm first.

Common causes of North Carolina truck crashes:

• Poor road conditions
• Overloaded trucks
• Drowsiness
• Sleep apnea
• Text messaging
• Distracted driving
• Aggressive driving
• Speeding
• Reckless driving
• Failure to obey traffic laws and signs
• Faulty brakes
• Products liability
• Driver inexperience
• Inadequate trucker training
• Drunk driving
• Failure to abide by hours-of-service rule

11 killed in Kentucky wreck, CNN, March 26, 2010

11 killed when tractor-trailer, van crash in Ky., Associated Press, March 26, 2010

Related Web Resources:
15-Passenger Van Accidents,

Truck Accidents, Nolo


Raleigh Rear-End Collision Kills Charlotte, North Carolina Man

March 18, 2010, by Michael A. DeMayo

Police are charging Manuela Mantanona Gomez with felony death and drunk driving. The 27-year-old local woman is accused of crashing into the back of another auto that was stopped at a red light. John Sullivan, a Charlotte man who was riding in the back seat of the vehicle that was rear-ended, died from his Raleigh car crash injuries.

Two of the other passengers riding in the car that was struck also sustained injuries, as did Gomez.

North Carolina Rear-End Accidents
Rear-end crashes can cause serious injuries when the impact of collision is severe. The larger the vehicle that initiates the rear-end crash, and the faster the auto is going, the more likely that the car crash victims will sustain serious injuries. Neck injuries, head injuries, soft tissue injuries, traumatic brain injuries, back injuries, spinal cord injuries, and death can result.

It can take months of medical care and rehabilitation to be able to recover from many of these injuries, which can cause extreme pain and be very debilitating. Some rear-end collision injuries may seem minor at first, but the symptoms can grow worse over time.

Common Causes of Rear-End Crashes:

• Speeding
• Drunk driving
• Distracted driving
• Cell phone use
• Text messaging
• Reckless driving
• Failure to stop behind a vehicle stopped at a stop sign
• Failure to notice that the vehicle in front is parked
• Following too closely
• Failing to adjust the speed to slowing traffic
• Brake malfunction

It is important that you contact a Charlotte, North Carolina car accident lawyer as soon as possible.

N.C. woman charged in deadly drunken driving crash, HeraldOnline, March 15, 2010

Related Web Resources:
Personal Injury, Nolo

Insurance Institute for Highway Safety

NHTSA Reports 33,963 Traffic Deaths in 2009

March 13, 2010, by Michael A. DeMayo

According to the National Highway Traffic Safety Administration, the number of traffic deaths went down to its lowest level since 1954 with 33,963 fatalities in 2009. That’s 3,300 less traffic fatalities than in 2008. The fatality rate, which factors in the number of miles traveled, hit its lowest level ever.

While US Department of Transportation Secretary Ray LaHood acknowledged that this news was positive, he noted that there were still too many people dying in traffic accidents throughout the US.

The NHTSA attributes the drop in traffic deaths last year to its continued efforts to stop drunk driving, remind people to wear seatbelts, and prevent distracted driving. The federal government vows to keep on fighting against these driving dangers.

In North Carolina, our Charlotte car accident attorneys continue to take calls from many people who have been seriously injured in motor vehicle crashes because someone was negligent. Common causes of North Carolina traffic crashes continue to include:

• Speeding
• Distracted driving
• Drugged driving
• Texting while driving
• Cell phone use
• Failure to obey traffic laws
• Driver inexperience
• Drugged driving

It is very important that you contact an experienced Hickory car crash law firm first before speaking with the responsible party’s insurance company. If you settle your Charlotte, North Carolina car collision case without exploring your legal options, you may be signing away your right to obtain the maximum compensation possible for your spinal cord injury, traumatic brain injury, broken bones, burn injuries, neck injury, head injury, back injury, or any other personal injuries.

It can be hard to know at first glance how much medical and rehabilitation care you will need to recover. You may find yourself unable to work for months or even longer. An experienced Monroe, North Carolina car accident lawyer can help you figure all of this out and pursue your recovery for you.

Traffic Fatalities for 2009 Reach Record Low, NHTSA, March 11, 2010

Related Web Resources:
Early Estimate of Motor Vehicle Traffic Fatalities in 2009 (PDF)

University of North Carolina Highway Safety Research Center

Woman Injured in Fatal Belmont, North Carolina Car Crash Sues Charlotte Bar and Hit-and-Run Driver

March 11, 2010, by Michael A. DeMayo

Betty Fay Adams is suing Charla Dean Davis, Tony’s Bar, its owners Emma Ruth Simonds and Anthony Ruth Simonds, and vehicle owners Rex Earl Berglund and Detlef Grohs for her North Carolina car crash injuries. Adams sustained critical injuries during a deadly hit-and-run collision involving Davis, who was driving while intoxicated.

On August 7, 2008, Davis was driving on the Wilkinson Boulevard Bridge when she struck Adams, another person, and Charlotte tractor-trailer Ronnie Gene Eudy. The trucker had gotten out of his vehicle to assist the driver of the Ford Exhibition who was experiencing a medical emergency. Adams and the other car crash victim had been riding in the SUV. The impact of the collision killed Eudy and caused serious injury to Adams, who shattered bones in her legs, fractured her pelvis, bled profusely, and sustained permanent disability.

According to Adam’s Gaston County car accident complaint, Tony’s bar and its owners acted negligently when they kept serving Davis alcohol until she was visibly drunk and then let her drive off. Adams is accusing Grohs and Berglund of negligence for lending Davis a vehicle despite her bad driving record.

Davis, 46, has been convicted of numerous charges related to the North Carolina car accident, including second-degree murder, reckless driving, and drunken driving. She is sentenced to serve at least 27 years in prison, but her ruling is currently on appeal. Prior to the crash, she had previous DWI convictions on her record.

Meantime, Adams can now walk again but she is unable to bend her torso or run. Doctors had to insert rods in her body.

Driving While Intoxicated
Drunk driving can kill people. There is no question about it. Unfortunately, there are many motorists that disregard this warning or are unable to control their addictions and continue to drink and drive. There are also the motorists who imbibe too much on the rare occasion and make the mistake of getting in the driver’s seat.

Woman injured in fatal DWI wreck in Belmont files lawsuit against driver, bar, Gaston Gazette, March 5, 2010

Woman faces second-degree murder charge, Charlotte Observer, September 5, 2008

Related Web Resources:
Mothers Against Drunk Driving

North Carolina Division of Motor Vehicles

North Carolina Distracted Driving: Voters Want Tougher Laws Restricting Cell Phone While Driving Restrictions, Says Media Poll

March 2, 2010, by Michael A. DeMayo

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