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Carolina Accident Attorney Blog

Read our latest blogs about North Carolina and South Carolina accident, medical malpractice, slip and fall, wrongful death and brain injury cases.  If you have sustained a serious injury resulting from an accident, medical malpractice or nursing home abuse, a Carolina accident attorney from our office can help you.
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Car & Motorcycle Accidents

12/24/2009
Jim Lewis
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Woman and Child Killed in Train Accident in Efland, North Carolina

Injured in a train accident? If so, we have some information that could help. Our firm offers articles, consumer guides, videos, and blogs dedicated to enlightening the general public about train injuries and the safety risks of certain railroad practices. Please visit our site to get this info for free.

Railroad Injury/FELA

12/8/2009
John Cooper
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Kannapolis, North Carolina Train Wreck Kills Two

Two men whose names were not released were killed when a train struck both of them Friday evening at the intersection of 18th Street and North Main Street in Kannapolis, NC.  Apparently, the other man was trying to pull the other out of the rail track when they were hit by the train.  An Amtrak spokeswoman said the train left Charlotte on its way to Raleigh with 100 passengers on board. Fortunately, none of the passengers were injured. The train continued onto Raleigh after a two hour delay.

According to investigators, the two men were walking home from work when the train struck them. Both of the men were working at the Kannapolis Britthaven Nursing Home.  The entire nursing staff as well as the residents was deeply saddened by the accident and told WBTV that facility counselling support will be available for the residents, staff and for the bereaved family.  Police investigation of the accident is still ongoing.

A graph of Railroad Accident Statistics by state presented by statemaster.com shows that Wyoming has the highest railroad accident statistics in 51 states, while North Carolina was number 26 in the rank.  However, in another accident statistics graph presented by the same website, it also shows that the fatality rate is high as well as the injury statistics.  Clearly, most of railroad accidents end up in serious injuries and fatalities.

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10/7/2009
John Cooper
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Amtrak Train Strikes and Kills Cary Man

The police in Cary, North Carolina have reported that an Amtrak passenger train struck and killed a man along its railroad tracks near East Chatham and Trinity Roads early last Saturday morning. Evidently the Wake County man whom Cary police describe as in his late 30’s had died at the scene on the tracks.

According to Sergeant Gazaway, who had responded to the accident, Amtrak’s engineer saw the man walking along the rail tracks prior to striking the man. Cary police do not know exactly why the man was walking the tracks as of this hour. They speculate that he may have had a death wish.  The railroads always claim that it was suicide when anyone gets killed by them at a crossing or on its tracks.The Amtrak train was headed away from Raleigh towards the west at the time of the accident.

In many cases large railroad companies such as Amtrak attempt to keep their accidents and rates of death or injury to pedestrians or passengers of its rail cars away from public scrutiny. It is not so unusual to find a representative of the company, in this case Amtrak, attempting to settle with a victim or victim’s family outside of court prior to them having a chance to seek legal counsel of their own for advice. Many times accepting these arrangements without adequate representation is not in their best interests.

If you or a loved one has been hurt, injured or even killed by a train or railway company such as Amtrak, and then seek a legal representative immediately. A competent attorney will advise you of your rights and what your options are in seeking proper compensation for your loss.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of railroad injury and FELA cases. We would love to send you one of our FREE reports about railroad injury and FELA cases, including the Do’s and Don’ts When Injured at a Railroad – The Railroad Workers FELA Rights and What Railroad Claim Agents Agents Won’t Tell You (But You Must Know). Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube .  In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

 

 

BM



9/29/2009
Rick Shapiro
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Man Killed by Amtrak Train in Cary, North Carolina

Looking for information about train accidents and railroad safety? If so, please take a moment to visit our site and download our free consumer guides focused on train injury issues. We also have articles, videos, and blogs focused exclusively on relevant railroad topics.

9/12/2009
John Cooper
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24-Year-Old Man Killed by Amtrak Train

train, accident, Amtrak, accidents, injury lawyerA young man was killed by an Amtrak train in Clark County, Washington (WA). He was just 24 years old. It's the ninth death from a train accident in that area. Unfortunately, these types of train accidents occur in many areas, including Carolina.

My deepest condolences go out to the young man's friends and family.

Here's part one of a five-part video series illustrating the power of trains and the ramifications associated with a train accident...

I believe these types of tragic incidences can be prevented and are far too common. Amtrak had 171 train accidents in 2006. That's relatively low considering one of their competitors, Union Pacific Railroad, had 1094 accidents in 2006. In either case, the number needs to go down.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our injury attorneys host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

 

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9/5/2009
John Cooper
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Two Boys Seriously Burned in Accident Involving Amtrak and Norfolk Southern

railroad accident, rail injury, injury lawyer, railroad accident lawyerJeffrey Klein and Brett Birdwell, two young boys, had their lives forever changed by the negligent actions of Amtrak and Norfolk Southern. The boys were out one day and decided to venture onto rail property owned by Amtrak and Norfolk Southern. Neither was prepared for the lethal shock that was inflicted by catenary lines (overhead lines that transmit electricity to trains on a rail system) and caused both to be severely burned.

Over 75 percent of Jeffrey's body was burned while Brett has 18 percent of his body burned. Both had to go through extensive rehabilitation and their lives may never be the same, according to law.com.

Fortunately, a jury awarded Jeffrey and Brett $24 million in punitive and compensatory damages. It was determined Amtrak and Norfolk Southern were negligent and should have taken the necessary safety precautions in connection to their railways and catenary lines.

The boxcars in which Jeffrey and Brett were on did not have any explicit warnings indicating the dangerous levels of electric current that led to their injuries.

"Amtrak had every reason to know trespassers were regularly on its tracks and that teenage boys were inclined to climb to the top of parked boxcars," said U.S. District Judge Lawrence F. Stengel, who presided over the case at trial.

No amount of money will ever be able to give Jeffrey and Brett their former lives back, but they should be able to get quality treatment and, hopefully, prosper in the future. I have children and represented people seriously hurt in rail accidents, so these types of verdicts give me hope that justice can be obtained in a situation where negligence was determined in a court of law.

 About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

 

PA



Wrongful Death

12/24/2009
Rick Shapiro
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Two Killed in Orange County, North Carolina as Amtrak Train Hits Car

Two people were killed as an Amtrak train was making its way from Charlotte to New York slammed into a car at an Orange County, North Carolina railroad crossing. According to NC Highway Patrol Sergeant Jeff Gordon, the car was in the process of crossing the railroad tracks in the town of Elfland, North Carolina Tuesday morning when it was struck by the train.

12/15/2009
Emily Mapp Brannon
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Durham, N.C. Amtrak Train Collides with SUV Killing Brothers Inside

Recently, two young brothers tragically lost their lives after an Amtrak Train in Durham, North Carolina hit the SUV their mother was driving. The passenger train operated by Norfolk Southern Railroad hit the trapped SUV near the intersection of Ellis Road and Angier Avenue.

In what appears to be a terrible accident, the boys mother, Deborah Bingham, was driving the SUV when she got stuck between the train track‘s crossing arms while waiting in traffic. What transpired next was a panicked and horrifying moment that ended in the tragedy as the train smashed into the vehicles with its occupants inside. According to authorities, the two children were killed instantly.

Although no charges have been filed, this fatal railroad-crossing incident has remained under investigation. Witnesses of the wreck report that the mother was trying to save her children when the Amtrak passenger train came rolling through at close to 80mph as it struck the right-rear quarter panel of the Ford Exporer.

A released 911 call told the dispatcher that Bingham was trying to get off the track when the crossing arms lowered. An eyewitness said, "She was trying to cut through, and she tried to back up. She could not. She was blocked. She was forced to stay there, and the train hit her."   

According to Norfolk Southern Railroad spokesperson Robin Chapman, "vehicles should normally be able to break through crossing arms when they are down." The railway official when on to say that, "the gate's activation system and lights appeared to be working properly."

Within the Raleigh News and Observer article about the wreck, it mentioned that a surveillance video from nearby New York Mini Mart showed the train approaching the intersection before the crash. It went on to quote the man working the convenience store, Ahmed Naji, who said, "there are often close calls at the crossing, that people are going by the street and the train has the road closed, so they have no choice but to stop in the middle of the road," Naji said.    

There are no words to describe the loss and sorrow being felt by the boy's family. They will be sadly missed by friends from their nearby school they attended. Our prayers and thoughts are with the Bingham family in this time of terrible loss and tragedy. The boys were noted by school officials as "being very bright and hardworking students" and "having been very well-liked by their classmates."

North Carolina State acknowledges that it wants to alter this particular intersection and that 11 such crashes have been reported there since 1975 according to the Federal Railroad Administration. According to official federal statistics, the U.S. has approximately 227,000 highway-rail grade crossings - 140,000 are at publicly owned highways and 87,000 are at privately owned roads. Overall, train-vehicle collisions are the second leading cause of rail-related fatalities in the United States as stated by the FRA data. Nearly one-quarter of all crossing collisions involve the motor vehicle striking the side of a train that is already fully occupying the crossing.

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Mass Transit (Airline, Train, Bus)

7/5/2010
Emily Mapp Brannon
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Amtrak Train Collides with Trailer Injures 13 in Mebane, North Carolina

Emily Mapp Brannon recently blogged about a train wreck in Mebane, North Carolina involving an Amtrak passenger train and a tractor-trailer carrying a heavy front-loader earth moving tractor. The trailer got stuck on the tracks and the locomotive slammed into the truck injuring 12 passengers and one crew member.

6/20/2010
Rick Shapiro
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Amtrak Crash Causes Serious Injuries and Possible Soil Contamination

The recent railroad crash between an Amtrak passenger car and a truck hauling a “low boy” trailer serves as a reminder that serious accidents can happen at any time, and can cause personal injury as well as contamination from hazardous materials. Do you know what to do if you should ever be involved in an accident like this? Read this article and find out.

5/13/2010
Emily Mapp Brannon
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Amtrak Train in North Carolina Slams Into Truck, 13 People Injured

This train-truck accident occurred at South Fifth and Center streets in Mebane, North Carolina (NC). At least 13 people suffered injuries. To learn more, check out this article.

12/28/2009
Emily Mapp Brannon
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Tragic Amtrak Train Accident in North Carolina

An Amtrak train collided with a car and wound up killing a 5-year-old boy. There have been far too many fatal Amtrak train accidents this year. To learn more, please check out this blog.

12/11/2009
John Cooper
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Two Children Killed in Tragic Amtrak Accident in North Carolina

This blog examines a terrible Amtrak train accident where two children were killed after a train slammed into an SUV carrying the two children and their mother.

11/29/2009
John Cooper
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Amtrak Train Hits and Kills Two People in North Carolina

This blog examines a tragic Amtrak train accident which resulted in two deaths in North Carolina (NC).

11/24/2009
John Cooper
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Tragic Train Accident in Hardeeville Leaves Four Dead

Injured in a train accident? You need to contact us right away. Our attorneys understand this area of injury law and have over 100 years of combined legal experience. Give us a call at 1-800-752-0042 for a free, confidential consultation.

Greenville-Outer Banks-Rocky Mount NC Personal Injury Lawyer

    When the skies open up a dump a ton of rain on our roadways, caution is the name of the game. Unfortunately, not all drivers adhere to this principle which leads to some bad car wrecks. A major rainstorm in North Carolina (NC) led to two car wrecks that resulted in serious injuries and loss of life.

    A car was driving down N.C. 43 when it hydroplaned, crossed the center line, and wound up getting hit by a dump truck. As a result, two people were killed and a young child was injured, according to enctoday.com.

    On the same day, another car hydroplaned at the intersection of U.S. 17 and Weyerhaeuser Road leading to eight injuries including injuries to three toddlers and two teenagers.

    Hydroplaning is a common cause of car wrecks and can cause serious damage to your vehicle and the people inside. It occurs when a layer of water builds up between the tires of your car, truck, SUV, or motorcycle and the road surface. This leads to the loss of traction and puts the vehicle into a virtually uncontrollable slide.

    In order to reduce the risk of hydroplaning, go below the speed limit when it has just rained heavily or if you are on the road when it is raining. Also, be extremely cognizant of the other vehicles on the road since not everyone obeys the speed limit, even in bad weather.

    Both of the car accidents that occurred in N.C. were awful and they serve as an example of just how dangerous the roads can be after a bad storm.

    About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (NC-VA law offices ) edits the injury law blogs Northeast North Carolina Injuryboard, Virginia Beach Injuryboard, and Norfolk Injuryboard as a pro bono service to consumers.

    PA

    Originally posted at InjuryBoard by Emily Mapp Brannon

Virginia Beach-Chesapeake-Suffolk VA Personal Injury Lawyer

    Most of us are aware of seat belt laws and the importance of buckling up when you get into the car. However, you may not know that numerous states have a loophole which allows adult back seat occupants to ride without their seat belt on. Virginia (VA) is one of those states.

    Laws are on the books in VA requiring minors to wear their seat belts while riding in the back, but not for adults. This is extremely dangerous since an unbuckled adult in the back seat can become a “back seat bullet” in a car accident, according to USA Today.

    There seems to be this false belief that if you are in the back seat, you are somehow safer than the people in the front. This is not the case. In a car crash, a back seat passenger not wearing a seat belt will continue to move at the same rate of speed as your car until they hit something like the dashboard, back of your sea, or windshield.

    Six states took the step of expanding their seat belt laws in 2007 but Virginia (VA) remains one of the over 20 states across the country that still allows adult back seat passengers to ride without a seat belt. This needs to be corrected as soon as possible.

    Seat belts reportedly save 11,000 lives every year, according to the National Highway Traffic Safety Administration. Car accidents are the leading cause of death for people under the age of 35. It makes no sense to keep the current laws on the books enabling adults to ride in the back unbuckled. Let us hope our legislators take action and correct there glaring loophole in our seat belt laws.

    About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

    PA

    Originally posted at InjuryBoard by Emily Mapp Brannon

Norfolk-Portsmouth-Hampton VA Personal Injury Lawyer

    After the big H1N1 virus that caused the 2009 pandemic, the US Food and Drug Administration approved seven influenza vaccines for this next flu season, 2010-2011.

    What is the Flu?

    A flu is a respiratory illness which is caused by influenza viruses. It is contagious and the best way to prevent the flu is to receive the flu vaccine each year.

    These newly approved vaccines protect against three strains of influenza, including H1N1, according to Medical News Today. Last year, there were two vaccines needed in order to protect against the 2009 H1N1 flu. According to FDA, only one vaccine is required this year.

    Director of FDA's Center for Biologics Evaluation and Research, Karen Midthun, M.D., said, "The best way to protect yourself and your family against influenza is to get vaccinated every year. The availability of a new seasonal influenza vaccine each year is an important tool in the prevention of influenza relate illnesses and death."

    Here is a list of the new vaccines that have been approved (Brand Names & Manufacturers):

    1) Afluria (CSL Limited)

    2) Agriflu (Novartis Vaccines and Diagnostics)

    3) Fluzone and Fluzone High-Dose (Sanofi Pasteur Inc.)

    4) Fluvirin (Novartis Vaccines and Diagnostics Limited)

    5) Flarix (GlaxoSmithKline Biologicals)

    6) FluMist (Medlmmune Vaccines Inc.)

    7) FluLaval (GlaxoSmith Kline Biolgicals)

    How do they figure out these vaccines that FDA recommends?

    Experts from FDA, World Health Organization, CDC and possibly other institutions examine and study virus samples collected worldwide. They examine them to find strains likely to cause the most illness during the next season. Then with the strains and vaccines, the closer the match, the more protection against influenza disease.

    With all this research, the FDA did approve of seven new vaccines for this season.

    The Flu spreads. It can spread very easily by people coughing, sneezing or simply talking.

    So who is actually at risk of getting the flu?

    According to CDC, there are certain people who are at greater risk for complications if they get the flu. In this group are older people, young children, pregnant woman and people with certain health conditions.

    A study completed in 1990 found that flu-related deaths estimated 17,000 during the mildest season to 52,000 during the severe season. According to the CDC, 90 percent of deaths during a regular flu season occur in people who are 65 years old or older.

    The 2009 H1N1 virus caused the first flu pandemic in over 40 years. There were around 12,000 or more flu-related deaths.

    The important thing here is to be preventative, especially with parents and their children. CDC says, "the single best way to prevent the flue is to get a flu vaccine each season." Now, FDA has approved several new vaccines. They should become available in September and continue throughout flue season, which in some cases can last as late as May.

    Originally posted at InjuryBoard by Emily Mapp Brannon
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