Get The Best Legal Information about Carolina Accidents

Car Stuck Under 18-Wheeler Leads to Injury

blog@carolina.hsinjurylaw.com (Blog Author)74993 — Fri, 10 Feb 2012 08:00:00 EST

We've all experienced the scary, often white-knuckle inducing experience of driving alongside a tractor trailer. The large trucks are sometimes double or triple the size of the average car, and sharing the road with them can difficult. Fears of being side-swiped or run off the road are common for even the most seasoned drivers. For two people in Charlotte, NC, these fears became all too real.

Two people have been injured after their car was forced underneath an 18-wheeler at the instersection of Billy Graham Parkway and Scott Futrell Drive, south of Interstate 85 near Charlotte Douglas International Airport. Witnesses say that at least one vehicle collided with a United States Postal Service tractor trailer. A second black sedan was also involved. One of the cars involved ran a red light, forcing the second car underneath the18-wheeler. Two victims were transported to Carolinas Medical Center.

Thankfully, this accident wasn't more dangerous. This kind of wreck could easily have ended much more tragically. Our thoughts go out to those injured, and we wish them a speedy recovery. As a car accident attorney, I know how scary this must have been – especially given the fact that their vehicle was forced by another car underneath the truck. Now, the injured are paying for a red light runner's mistakes. No one should have to suffer because of someone else's poor driving decisions.

If you or someone you love has been injured in a car accident, never hesitate to consult with an attorney. Having someone fight for your rights in a court room could make all the difference.

DWI Driver Who Caused Pamlico, NC Fatal Wreck Also Charged With Injuring Passengers

jlewis@hsinjurylaw.com (Blog Author)74858 — Wed, 08 Feb 2012 08:00:00 EST

The man responsible for an accident on Creek Point Road in Pamlico County, North Carolina (NC), that claimed the life of a 24-year-old woman is facing multiple felony charges, inclding driving while intoxicated/DWI, aggravated death by vehicle and two counts of aggravated serious injury by vehicle.

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According to the Sun Journal, the injury charges were filed because two other passengers in the at-fault driver's Jeep that were injured in the crash that occurred whil the man was speeding down a dirt road.

A breath test performed following the accidet revealed that the driver’s blood alcohol content was .13, well over the limit of .08. The district attorney handling this case was quoted by the newpaper as saying that he was working with authorities conducting the investigation to proceed with criminal prosecution to get justice for the deceased and the injured victims.

My Carolina personal injury attorney colleagues and I share the DA’s passion for justice, especially in accidents like this one where innocent lives were lost due to the reckless and wanton conduct of a driver. The victims and the family of the people who lost their lives in this accident should consult with a wrongful death attorney in North Carolina to discuss their legal options.

To learn about what types of damages can be pursued in a wrongful death lawsuit, take a look at this article from an experienced wrongful death lawyer in North Carolina.

PA

Chaperone Infant Car Seats Recalled

rappleton@hsinjurylaw.com (Blog Author)74857 — Wed, 08 Feb 2012 08:00:00 EST

More than 14,200 Chaperone infant car seats have been recalled, according to the National Highway Traffic Safety Administration. The safety seats, manufactured by Britax Child Safety Inc. have a defective rivet in the harness adjuster that can cause the harness to detach from the seat. Whe the adjuster comes loose, the straps will not properly restrain infants during a crash.

Chaperone seats with model numbers E9L692J, E9L692L and E9L692M cna be unsafe. The affected car seats were manufactured between September 1, 2010 and April 30, 2011. If you own a recalled car seat, stop using it immediately and contact the manufacturer

Keeping children sfety is of the utmost importance. This recall, and others like it, should not be taken lightly. Even the safest of car seats aren't always used correctly. NHTSA estimates that 80percent of child restraints are used incorrectly. But when used correctly, child car seats can reduce the risk of 71 percent for infants and 54 percet for children 1-4 years old. The devices also reduce the need for hospitalization by 69 percent for children ages 4 and under.

If you or someone you know owns one of the recalled car seats and have children who were injured in an accident, consider consulting a personal ijury attorney. Your children deserve to be protected.

CD

DWI Wreck Kills Passenger, Injures Two Others in Pamlico County, NC

hsinjurylaw@gmail.com (Blog Author)74733 — Tue, 07 Feb 2012 08:00:00 EST

A man accused of killing one of the passengers in his vehicle in a car accident has incurred additional charges for the same accident. The Sun Journal reported that the one-car crash on Creek Point Road in Pamlico County, North Carolina (NC), on January 21, 2012, killed one passenger and injured two others.

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According to the newspaper, the driver hit a tree after his Jeep Cherokee left the road. Initially charged with driving while impaired and aggravated felony death by vehicle, the 26-year-old now also faces two counts of aggravated felony serious injury by vehicle. Investigators also determined he was driving too fast for the existing conditions. While unrelated to the accident, the Sun Journal stated the driver also has outstanding charges probation violations, possession of stolen goods and driving with a suspended license.

The victims or their families should contact a North Carolina car accident attorney to determine what course of action should be taken, especially in light of the additional charges against the driver. Even if they are friends of the driver, it is important for them to protect their legal rights and pursue compensation for their injuries and losses. To learn more, read here about filing claims when a friend caused the accident in which you or a loved one was harmed.

MH

Injuries Caused by Drunk Driver in Maysville, North Carolina Car Accident

hsinjurylaw@gmail.com (Blog Author)74630 — Mon, 06 Feb 2012 08:00:00 EST

According to the Daily News, on Friday, February 3, 2012, a family from Richlands, North Carolina (NC), was riding in their Cadillac when they were struck by a Ford Ranger pickup truck that ran a stop sign. The driver of the Cadillac and his son were not injured, but his wife was transported to the hospital with injuries. The driver of the pickup truck was also injured.

The trooper who arrived at the crash scene on Belgrade Extension near U.S. 17 in Maysville, NC, confirmed that alcohol use by the truck's drver was a contributing factor in causing the wreck. The at-fault driver has been charged with running a stop sign, reckless driving, driving under the influence and drinking alcohol while driving.

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No one appears to have suffered life-threatening injuries.

The passenger who was injured in the Cadillac has a right to file a claim against the at-fault driver, especially since she has already been charged in the accident. An experienced North Carolina car accident attorney can discuss the specifics of the case with the injured passenger to determine what steps can be taken to ensure she is compensated for the injuries she incurred.

MH

Listeria Contamination Forces Cooked Egg Recall

blog@carolina.hsinjurylaw.com (Blog Author)74517 — Sat, 04 Feb 2012 08:00:00 EST

We trust the foods we purchase at the grocery store to be safe. When a product is recalled, we must all be vigilant to the health risks the recalled food might pose. Minnesota-based Michael Foods is recalling more than one million eggs in 34 states due to evidence of bactrial contamination. To learn more about the recall, visit "Eggs Recalled in North Carolina, 33 Other States Over Listeria Contamination."

CD

North Carolina Nursing Home Residents Fall Ill With Virus

blog@carolina.hsinjurylaw.com (Blog Author)74384 — Thu, 02 Feb 2012 08:00:00 EST

According to the Winston-Salem Journal, numerous people have become infected throughout North Carolina with a norovirus, including at least 20 residents at two nursing homes in Forsyth County. The virus is spread by eating or drinking contaminated food or liquids and by touching an infected surface. The best way to avoid catching or spreading the virus is to wash your hands with soap and water frequently. Using hand sanitizer is not recommended because the active ingredient may not kill this type of virus. Because it is a strong virus, using diluted bleach or a household cleaner containing bleach is the best option for cleaning any infected areas.

Anyone who has the virus is advised to stay home while they have symptoms and for three days after the symptoms have cleared because they may still be contagious. The two affected nursing homes are trying to minimalize the spread of the virus by keeping patients in their rooms.

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Stomach cramps, diarrhea, nausea, and vomiting are the most common symptoms. Less common symptoms include head and muscle aches, fever or chills, or lack of energy. While these symptoms are generally not life-threatening to healthy adults, seniors may suffer more severely and require medical attention for dehydration, especially if the staff is negligent in monitoring them sufficiently.

Please check on your loved ones in nursing homes and make sure they are not suffering from this illness. If they have been infected and are not receiving the proper treatment, contact a North Carolina nursing home neglect attorney to discuss your lega options. A random infection may not lead to nursing home negligence liability. However, if a lack of proper sanitation or a breakdown in acceptable nursing methods caused a mass outbreak of infection or other medical complications, then negligence liability may be imposed.

MH

Woman Killed While Crossing Busy Charlotte NC Roadway

hsinjurylaw@gmail.com (Blog Author)74409 — Thu, 02 Feb 2012 08:00:00 EST

A 73-year-old woman died as a result of being hit by a Suzuki Forenza on Milton Road in Charlotte, North Carolina (NC). Medical authorities transported her to Carolina’s MedicalCenterwhere she later died from severe internal injuries from the accident. According to WBTV 3, the at-fault driver remained at the scene and was given a traffic citation for driving without a license.

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The victim was actively petitioning for a crosswalk on the very road where she was hit. Her family is going to continue her efforts after they have had time to grieve. We send our deepest sympathies to the family.

Unfortunately, crosswalk accidents occur far too often, and the injuries suffered by victims can be severe enough to lead to loss of life. If a crosswalk accident results in death and the driver of the vehicle was distracted, speeding or violated the law in some way, there may be grounds for filing a wrongful death lawsuit.

To learn about what damages can be pursued in a wrongful death suit, take a look at this article written by a wrongful death attorney in North Carolina.

PA

Multiple Injuries Reported Following Whitsett, NC SUV Rollover Accident

hsinjurylaw@gmail.com (Blog Author)74431 — Thu, 02 Feb 2012 08:00:00 EST

Seven people were injured in a one-vehicle accident that occurred in Whitsett, North Carolina (NC). According to the Times-News, victims of the wreck on I-40/85 include a 2-year-old toddler who is in critical condition, an infant, another toddler and a 17-year-old. The 32-year-old driver of the Isuzu SUV also sustained injuries.

The SUV apparently flipped over and landed on its side. All passengers were transported to either Alamance Regional Medical Center or Moses Cone Hospital.

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The driver stated the accident was caused by a tractor-trailer that swerved into her lane more than once. There was no direct contact between the truck and SUV, however. Aerial photos taken by firefighters responding to the scene showed the accident was a result of high energy, meaning it occurred at high speed.

The innocent passengers who were injured in this accident may have grounds to pursue damages in personal injury claims. It may be awkward or uncomfortable pursuing a claim against a friend or someone you know, but the claim is against the driver's insurance company, not directly against the person. To learn more, take a look at this article written by an experienced injury lawyer in North Carolina.

PA

SUV Rollover Wreck in Whitsett, NC Injures Seven

hsinjurylaw@gmail.com (Blog Author)74199 — Tue, 31 Jan 2012 08:00:00 EST

Seven people, including a pair of 2-year-olds and one infant, were injured when an SUV rolled over on I-40/85 in Whitsett, North Carolina (NC) on January 26, 2012. All the victims were transported to nearby hospitals.

According to Fox 8 News, the SUV's driver said a semi veered into her lane a couple times, causing her to lose control of her vehicle. Witness confirmed this account but added that there was never any contact between the truck and the SUV. Investigators have ruled out alcohol and cell phone distraction as possible accident causes.

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It appears some of the injuries incurred could have been less severe or prevented altogether if the driver and passengers in the vehicle had been wearing seat belts or secured in safety seats correctly and as NC law requires. Three people were ejected from the SUV because they were not properly restrained. They ejection injury victims were a 17-year-old and the toders, one of whom was listed in critical condition. Also, the driver did not have a valid license. She has been charged with failure to control, driving with a revoked license and not using a required child restraint.

If you are a relative of one of the passengers, or if you have questions about another accident in which you were involved, you should contact a car accident attorney in North Carolina to discuss your legal options. All passengers who suffer injuries in a traffic accident can have claims against the driver of the vehicle in which they were riding if crash investigation evidence shows the driver was negligent or reckless -- even when passegers and driver are related by blood or marriage.

MH

King, NC Woman Dies Following Crash Near Madison

hsinjurylaw@gmail.com (Blog Author)74270 — Tue, 31 Jan 2012 08:00:00 EST

A serious accident resulted in the death of an 85-year-old woman from King, North Carolina (NC). She was the passenger in a Nissan truck being driven by her 53-year-old son-in-law. The accident occurred on N.C. Highway 704 when, according to GoDanRiver.com, a woman driving a Ford F-350 neglected to see the Nissan and attempted to turn left across the lane of oncoming traffic and into a driveway.

Officials had to use Jaws of Life to get the two victims out of the Nissan truck, and the injured woman was taken to Wake Forest Baptist Hospital by ambulance while her son-in-law suffered head injuries and was taken by air to Baptist Hospital, where he is still recovering from his injuries. The woman died the following day in the hospital from the injuries she sustained in the accident.

Charges for misdemeanor death by vehicle and failure to yield are pending against the driver of the F-350.

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Our deepest condolences go out to the victim’s family. Losing a loved one is a gut-wrenching experience, but the pain is even worse when the loss is sudden and appears to have been caused by a preventable accident.

The victim’s family should contact a personal injury lawyer in North Carolina to discuss their legal options. To learn about what damages may be pursued in a wrongful death claim, take a look at this article written by a wrongful death attorney in NC.

PA

Asheville, NC Man Dies in Fairview Wreck

hsinjurylaw@gmail.com (Blog Author)74100 — Sun, 29 Jan 2012 08:00:00 EST

A 32-year-old man died from his injuries after being involved in a three-vehicle wreck in Fairview, North Carolina (NC). The victim's 1-year-old son was also in the car and suffered injuries. The young boy was taken to Mission Hospital for observation after the accident, but no updates have been given on his health status.

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According to the Citizen-Times, the accident occurred when a Nissan Sentra took a left-hand turn onto the U.S. 74 from Old Fort Road. A pickup truck hit the car, then veered in the direction of the victim’s car.

Police have not filed any charges and have hinted that the limited line of sight played a major role in causing the accident. No definitive answers will be available, however, until an accident reconstruction team completes its investigation.

The deceased man's family may have grounds to pursue a wrongful death claim. In order to determine whether taking legal action is the right course, they should consult with a wrongful death lawyer in North Carolina. To learn about wrongful death law, take a few moments to read this consumer report written by a wrongful death attorney in North Carolina.

PA

School Bus Hits Car, Injures Driver in Currituck County, NC

hsinjurylaw@gmail.com (Blog Author)73973 — Fri, 27 Jan 2012 08:00:00 EST

While turning onto U.S. 168 from N. Spot Road in Currituck County, North Carolina (NC), a bus driver transporting students from Jarvisburg Elementary School hit a car traveling straight on the highway. The car's driver and his 7-month-old child wound up trapped in their crumpled vehicle wen it became pinned under the bus, and the man had to be flown by the Nightingale medevac helicopter from the Outer Banks to Sentara Norfolk General Hospital.

The car driver's injuries are considered serious but not life-threatening. Thankfully, neither the infant who was secured in a car safety seat nor any of the four schoolchildren suffered injuries.

View a larger of the intersection with N. Spot Road and U.S. 168 in Currituck County, NC, where a Jarvis Elementary School bus driver caused an accident that left a car's driver seriously injured.

The bus operator told police she did not see the car before she hit it, which is a common explanation provided by drivers who cause right-hand turn accidents. It is also an unacceptable excuse. Any driver behind the wheel of a car, truck, bus, SUV or van has a duty to themselves and everyone else on the road to, at a minimum, look left, right, and left again before entering the intersection. Waiting to turn until one is absolutely sure the lanes to be crossed are clear is also essential.

As Carolina personal injury attorneys who have helped people injured in car crashes caused by public employees receive compensation, we urge the man hurt in this wreck to contact a lawyer who will work on his behalf to make sure the Currituck County Schools covers his medical bills and other losses.

EJL

Red Light Runner in Brunswick County, NC Caused Fatal Traffic Accident

hsinjurylaw@gmail.com (Blog Author)73943 — Thu, 26 Jan 2012 08:00:00 EST

A 72-year-old woman was killed in Brunswick County, North Carolina (NC), by a red light runner. The victim was traveling west in her 1990 Miata on NC 211 crossing U.S. 17, when the 51-year-old driver of a pickup truck hit her vehicle on the driver's side door. According to WECT6, the victim died at the hospital later in the day.

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The at-fault truck driver is facing charges that include failure to stop at a red light, driving with a suspended license and misdemeanor causing death by vehicle. He is currently being held in Brunswick County Jail.

The victim’s family should consider contacting a wrongful death lawyer in North Carolina to discuss their legal options. Nothing will be able to bring their loved one back, but obtaining damages in a civil suit can provide some semblance of justice.

To learn about what damages can be pursued in a wrongful death suit, take a look at this article written by an experienced wrongful death attorney in North Carolina.

PA

SC Moped Rider Killed in Hit-and-Run Accident on I-26

hsinjurylaw@gmail.com (Blog Author)73804 — Wed, 25 Jan 2012 08:00:00 EST

Officers from the South Carolina Highway Patrol have arrested and charged a suspect in connection with a hit-and-run accident on I-26 in Columbia, SC, that left a 31-year-old moped rider dead. According to The State, the alleged at-fault driver is being held on a felony charge of leaving the scene with a death involved after causing the deadly wreck near the Bush River Road exit at around 4 am on January 22, 2012.

View a larger map of where a Columbia, SC, woman lost her life in a hit-and-run accident on I-26.

As Carolina wrongful death attorneys who have represented many families who lost loved ones to the negligent and irresponsible actions of others, we offer our heartfelt condolences to the family and friends of the victim of this hit-and-run moped crash. We also know that if the man currently charged with running down the deceased woman is found guilty of a crime, he can and should also be held liable in civil court for the loss he inflicted.

A family is now without a daughter, sister, aunt, mother and wife. While no amount of money can ever replace those bonds, holding the drver who abruptly severed those relationships accountable can provide some sense of justice and closure.

EJL

Raleigh, NC Man Charged With Supplying Alcohol to Teen Who Caused Wreck That Killed Millbrook High Student

hsinjurylaw@gmail.com (Blog Author)73857 — Wed, 25 Jan 2012 08:00:00 EST

Underage drinking resulted in a tragic accident in Raleigh, North Carolina (NC). Now, a 21-year-old man has been charged with buying liquor for two minors with money given to him. The minors reportedly consumed the alcohol and proceeded to drive, which resulted in a car crash on Rainwater Road that killed a 17-year-old female passenger.

The vehicle involved in the accident was a 1999 Jeep. According to WRAL.com, the driver was reportedly speeding at 75 mph in a 30 mph zone when he lost control of the vehicle and crashed into a tree.The smell of alcohol and marijuana was present in the vehicle, as were open bottles of wine.

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The driver of the Jeep faces charges including driving while intoxicated (DWI(, felony death by motor vehicle and reckless driving. The suspect arrested for purchasing alcohol for the minors may be held criminally liable for the death of the innocent 17-year-old passenger.

Our deepest sympathies go out to the family of the passenger. Losing someone you love is never easy, but it is especially heart breaking when the victim is young and had their whole life ahead of them.

The victim’s family should consider speaking to an injury lawyer in North Carolina to discuss their legal options. To learn about what damages can be pursued in a wrongful death suit, take a look at this article written by an experienced wrongful death attorney in North Carolina.

PA

NC Teen Suffers Head Injury in Pedestrian Accident During Scavenger Hunt

duffankm@hotmail.com (Blog Author)73558 — Sat, 21 Jan 2012 08:00:00 EST

A 14-year-old-girl and a 15-year-old boy are in the hospital after taking part in a scavenger hunt in Kannapolis, North Carolina (NC). While searching for clues, the teens wound up on Mount Olivet Road, where they were hit by a van. Emergency responders were called to the scene, and the teens had to be rushed to Carolinas Medical Center-Northeast. According to Justice News Flash, the girl is listed in critical condition with serious head injuries, and the boy is in stable condition but still recovering.

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When a serious head injury occurs, it can lead to permanent brain damage. Unfortunately, this damage can result in a lesser quality of life and can also lead to a decrease in motor functions or memory loss.

To learn more about traumatic brain injuries, take a look at these articles written by experienced brain injury lawyers in North Carolina:

Man Ran Onto I-77 With Toddler in Alleged Suicide Attempt, Multiple Injuries Resulted

jlewis@hsinjurylaw.com (Blog Author)73547 — Fri, 20 Jan 2012 08:00:00 EST

A Charlotte, North Carolina (NC), man ran into traffic on I-77 with his 2-year-old daughter in an alleged suicide attempt. According to WBTV 3, both the father and the daughter were critically injured when they were hit by a vehicle. Multiple cars and trucks also wrecked, sending at least five people to the hospital.

The suicidal man was charged with violating a protective order, child abuse that inflicted serious injury and attempted first-degree murder of the toddler. The child's mother may have grounds to pursue an injury claim against the father for inflicting such serious harm on their daughter. The victims involved in the car wreck may also be able to pursue damages.

To learn about what damages can be pursued through a personal injury claim, take a look at this page.

PA

More Charges Pending in Fatal N.C. 58 Car Crash

hsinjurylaw@gmail.com (Blog Author)73480 — Thu, 19 Jan 2012 08:00:00 EST

A fatal car crash on N.C. 58 in Cape Carteret, North Carolina (NC), may result in more charges for the 21-year-old driver of a 2002 Mitsubishi. The driver reportedly pulled out in front of an oncoming car and his passenger died as a result of the severe injuries she sustained in the collision and when the vehicle overturned.

The driver of the Honda Accord involved in the wreck and his wife received treatment for minor injuries at the scene of the accident while the driver of the Mitsubishi and his girlfriend had to be taken to the hospital. According to the Daily News of Jacksonville, NC, the driver of the Mitsubishi has already been charged with failure to yield.

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In the case of a fatal car accident in which the driver is cited for negligence, the victim’s family should consider speaking to a wrongful death attorney to discuss their legal options. Nothing will bring back their loved one, but a wrongful death suit can help ensure some semblance of justice is done and send a signal to other drivers that careless driving will not be tolerated.

To learn about the types of damages that can be pursued in a wrongful death claim, take a look at this article written by a wrongful death attorney in North Carolina.

PA

SC School Bus Driver Charged for Causing Accident That Injured 10 Students

hsinjurylaw@gmail.com (Blog Author)73308 — Wed, 18 Jan 2012 08:00:00 EST

A total of 10 elementary, middle and high school students went to hospitals on January 17, 2012, for treatment of injuries they sustained when the school bus carrying them crashed at the intersection of Highway 135 and East A Avenue in Easley, South Carolina (SC). The full details of the accident have not been reported, but police have charged the bus driver with failure to yield.

View a larger map of where a school bus crash in Easley, SC, left 10 students injured and requiring hospital treatment.

A spokeswoman for Pickens County, SC, schools told the Independent Mail that "all of the students were treated and released from the hospitals, and parents were given information on how to file claims through the school district’s insurance provider."

That sounds like a neat resolution to a traffic accident that could have been far worse. After all, none of the children suffered life-threatening injuries and the school is prepared to assume liability and cover medical costs. As Carolina personal injury attorneys whose lawyers often represent crash victims, however, we know that every parent with a hurt child would do well to seek legal counsel before filling out and submitting any insurance claims to the school's insurer.

Insurance companies work to protect their bottom lines and the interests of their policy holders. This means nothing less than that insurers almost always try to get away with paying as little as possible for even legitimate and undeniable claims. To ensure they receive compensation adequate to cover their children's bus accident-related medical costs, as well as their own lost wages, the parents involved in this case need representation from lawyers who will act only on their behalf.

EJL

Raleigh, NC Car Crash Leads to Death of Teenager

hsinjurylaw@gmail.com (Blog Author)73310 — Wed, 18 Jan 2012 08:00:00 EST

Underage drunken driving has claimed another life in Raleigh, North Carolina (NC), as a 17-year-old victim suffered fatal injuries at the hands of a 16-year-old drunk driver.

The victim was an innocent passenger when the driver lost control of his Jeep and crashed into a tree. Speed was also a factor; the vehicle was estimated to be going 75 mph in a 30 mph zone. When investigating, authorities found an open container of alcohol and a bag of marijuana in the Jeep.

The driver has been charged with felony death, a provisional DWI, reckless driving and speeding, according to WRAL.com. The judge in the case raised the driver’s bond after learning that he had prior convictions and was still on probation at the time of the crash.

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Our deepest sympathies go out to the victim’s family. Losing a loved one is never easy, but the pain is even worse when the loved one is taken suddenly and at such a young age. The victim in this preventable wreck had her whole life ahead of her.

The victim’s family should contact a wrongful death lawyer in North Carolina. The driver is likely to face a criminal penalty for his careless actions, but that does not prohibit the family from seeking justice through the civil courts. To learn about what damages can be pursued in a wrongful death claim, take a look at this article written by an experienced Carolina wrongful death attorney.

PA

North Carolina Crash Kills Two People, Leaves Two Hospitalized

hsinjurylaw@gmail.com (Blog Author)73295 — Tue, 17 Jan 2012 08:00:00 EST

A fatal car crash in Onslow County, North Carolina (NC), claimed two lives and sent two others to the hospital with serious injuries. The wreck on Pony Farm Road occurred when a speeding driver who got behind the wheel while intoxicated hit a ditch and had his car roll over. According to News Channel 12, two passengers were thrown from the car before losing their lives.

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The driver left the scene of the crash but later called a cab to go to the hospital to visit his fiance who suffered injuries in the accident. State troopers were alerted by the cab company and, as a result, the at-fault driver was arrested. He faces many charges, including felony DWI and felony death by vehicle.

The families of the victims should consult with a personal injury attorney to discuss their legal options. For information about what to do after a car wreck, take a look at this consumer report written by an experienced injury lawyer in North Carolina.

PA

Teenager Killed in ATV Wreck in Davidson County, NC

hsinjurylaw@gmail.com (Blog Author)73129 — Sun, 15 Jan 2012 08:00:00 EST

A 17-year-old girl in Davidson County, North Carolina (NC), died from injuries suffered after she was thrown from an ATV near her home in Kernersville. According to MY Fox 8 online, the teen was a passenger on the all-terrain vehicle when the fatal accident occurred. The ATV appears to have hit an embankment and rolled, which caused the deadly injuries.

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Our deepest condolences go out to the victim’s family. This accident is a tragic reminder of just how risky ATVs can be.

Several pressing questions remain unanswered about this accident. Could the ATV operator have done something to prevent the wreck from occurring. At what speed were the victim's friend operating the vehicle? Did the ATV have any mechanical issues? An investigation is ongoing.

To learn more about ATV accidents and what can be done if a negligent operator caused a friend or family member harm, take a look at this article written by a personal injury lawyer in North Carolina.

PA

Rear-End Collisions Involving Trains Raise Concerns

rappleton@hsinjurylaw.com (Blog Author)73091 — Sat, 14 Jan 2012 08:00:00 EST

In his latest post to our Virginia law firm’s Railroad Accident/FELA Lawyer Blog, my colleague Rick Shapiro welcomes two safety recommendations from the National Transportation Safety Board regarding the needs to lower speeds and increase distances between trains following each other on the same tracks. Rick notes that both railroad companies and rail workers have responsibilities to prevent rear-collisions that often cause injuries and deaths. To read more, click over to “NTSB: Speed Kills When Trains Follow Too Closely.”

EJL

Falling Soccer Goal Kills Third-Grader in Newton Grove, NC

hsinjurylaw@gmail.com (Blog Author)73093 — Sat, 14 Jan 2012 08:00:00 EST

A 9-year-old boy from Newton Grove, North Carolina (NC), died after a soccer goal fell on his head. Sources say the boy was playing on a soccer field after church on a Sunday morning with his relatives and friends. The goal was not secured to the ground.
According to the Consumer Product Safety Commission, goals like the one that took the child's life typically weigh between 150 and 500 pounds. In the past 33 years, the structures have been associated with at least 28 deaths. Officials say it is “iperative" that all movable soccer goals are properly secured and anchored.

Any time children are around heavy sporting equipment, the utmost care needs to go into protecting their safety. When such objects tip over, they become incredibly dangerous. If you own a soccer goal like the one involved in this tragic accident and do not have the means to keep it secured, such as sandbags or stakes, consider putting the goal away. Another option parents and coaches can consider is using plastic goals that cause much less damage when tipped over.

This tragic accident how we often underestimate the danger associated with soccer.

CD

SC Man Killed, Woman Injured in 'Non-Contact' Hit-and-Run on I-20 Near Columbia

hsinjurylaw@gmail.com (Blog Author)72796 — Tue, 10 Jan 2012 08:00:00 EST

A fatal SUV rollover accident on I-20 near the Clemson Road exit toward Columbia, South Carolina (SC), is being blamed on an as-yet-unidentified car driver who was speeding and made an abrupt lane just before the crash. According to The State, the woman driving the SUV lost control of her vehicle when she had to swerve to avoid the car. She suffered serious injuries, and her husband lost his life after being thrown from their GMC Yukon.

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WISTV later reported that police are seeking the other driver for questioning about the "non-contact" hit-and-run accident. While that term is new to us as attorneys whose firm regularly represents victims of Carolina car wrecks, we are very familiar with the dangers of speeding and making unsafe or illegal lane changes. All drivers need to obey posted speed limits and ensure they can change lanes safely. Any deviation from the rules of the road by one driver puts everyone else on the road in danger for injuries and loss of life.

Turning to the victims, our heartfelt condolences and wishes for a full recovery go out the woman who lost her husband in the accident. We also hope that the driver who caused the deadly accident can be found and held accountable. But even if that does not happen, South Carolina's uninsured motorist laws ensure that the woman will be able to receive some compensation for her own injures and for the untimely, wrongful death of her life companion.

EJL

Accident on NC Highway 49 Involving a Tractor-Trailer Causes Loss of Life

hsinjurylaw@gmail.com (Blog Author)72558 — Thu, 05 Jan 2012 08:00:00 EST

A Davidson County couple were killed, and their grandson was injured, when a tractor trailer crashed into the couple’s car head-on. The wreck occurred just south of Asheboro, North Carolina (NC), in a no-passing zone on NC Highway 49 when the truck forced the victims' car off the road, according to The Republic.

It is likely police will file charges against the truck driver.

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Our deepest sympathies go out to the family. Losing someone close to you is never easy, but the pain is made even worse when the loss is sudden and caused by a reckless driver’s behavior.

Members of the family should consider filing a wrongful death claim against the at-fault truck driver. If police do indeed file charges, the driver could face criminal penalties, but that does not prevent a loved one from pursuing civil damages through a wrongful death suit.

To learn more about the types of damages that can be pursued in a North Carolina wrongful death suit, take a look at this article written by a wrongful death attorney in North Carolina.

PA

Accident on U.S. 70 near Cove City, NC Leads to Loss of Life

hsinjurylaw@gmail.com (Blog Author)72564 — Thu, 05 Jan 2012 08:00:00 EST

Melba Lipford of Snow Hill, North Carolina (NC), was traveling down U.S. 70 with her 5-year-old grandson when her life came to an abrupt end. A Cove City man driving a GMC Arcadia attempted to make a lane change when he hit the rear of Lipford’s Mercury Mountaineer.

The impact caused Lipford’s Mountaineer to veer off the road and it hit a tree. The fatal accident occurred between the Clarks and Tuscarora exits on U.S. 70. Lipford, who was traveling was pronounced dead at the scene, according to the Sun Journal.

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Our hearts go out to the Lipford family. Losing someone you love is never easy, but the pain is made even worse when the loss is sudden and caused by the carelessness of another person. The one bright spot in this tragic situation is that Lipford’s 5-year-old grandson was not injured in the wreck.

This crash illustrates the importance of taking your time when changing lanes. Even the slightest mistake can have devastating consequences.

The Lipford family may want to consider filing a wrongful death claim against the at-fault driver. For information about North Carolina wrongful death law, take a look at this article written by an experienced wrongful death attorney in North Carolina.

PA

Winter Driving Tips That Could Save Your Life

jlewis@hsinjurylaw.com (Blog Author)72346 — Sun, 01 Jan 2012 08:00:00 EST

The idea that we will travel safely and quickly to our destinations is expected but not always guaranteed, especially during extreme winter weather. In our area especially, drivers are often taken by surprise by icy conditions, snowy roads and extreme winds. Though we may not expect winter weather, we must be prepared for the worst.

Drivers have been known to get stuck inside snowbanks and survive on just what's inside their car or truck. Keep a warm blanket tucked under your seat, along with some bottled water. It would be a good idea to keep some nonperishable food there, too.

If you do become snowbound, do not leave your vehicle. The reality is that you just don't know what conditions are like, and your car could provide the only real shelter in which to ride out the storm for miles.

Go slow. It takes longer to stop down on icy roads. Know your brakes and their limits.

Keep your tank at least half full of gasoline at all times. This helps prevents fuel in the engine and lines from freezing and also ensures your ability to keep the heater running in case you do get snowbound.

Though these suggestions seem like common sense, many people have little to no experience driving in winter weather. If you know wintry conditions will make driving difficult, try to avoid getting behind the wheel altogether. But if you must go out, make sure to follow these basic tips. They could save your life.

CD

Speeding Teen Driver in Salisbury, NC Causes Injuries, Loss of Life

blog@carolina.hsinjurylaw.com (Blog Author)72318 — Fri, 30 Dec 2011 08:00:00 EST

A Rowan County hospital worker suffered serious injuries and a passenger was killed in an accident that occurred on Jake Alexander Boulevard in Salisbury, North Carolina (NC).

Joyce McDowell Curl broke both her legs and has bruising all over her body. She had to undergo surgery due to the severity of her injuries.

The accident occurred when the 18-year-old driver of a Buick decided to go about 70 mph in a 45 mph zone and drove onto the shoulder. Troopers believe the driver either overcorrected or lost control of the vehicle, crossed the center line, and crashed into Curl’s Nissan, according to wsoctv.com.

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David Molina was a passenger in the Buick, and he died as a result of the accident. He was only 23 years old. Reports indicate that all three individuals were wearing seat belts at the time of the wreck.

My deepest condolences go out to the Molina family. Losing someone you love is one of the most difficult experiences anyone has to go through in life, but the pain is made even worse when the loss is sudden and due to the carelessness of another person. The family should consult with a wrongful death attorney in North Carolina to discuss their legal options.

To learn about what damages may be pursued in a North Carolina wrongful death suit, take a look at this article written by a wrongful death attorney.

PA

Railroad Crossing, Train Accidents Take More Lives in 2010

rappleton@hsinjurylaw.com (Blog Author)71777 — Thu, 22 Dec 2011 08:00:00 EST

From 2009 to 2010, "rail fatalities increased from 742 to 813, with the majority at grade crossings, though deaths on light, heavy and commuter rail rose from 229 to 253."

This discouraging statement jumped off the computer screen at me as I skimmed the annual release of National Transportation Safety Board estimates of deaths on U.S. roads, waterways and railroad tracks. NTSB estimates also indicate that more Americans died in traffic accidents involving commercial trucks and motorcycles during 2010. Undoubtedly, some of those semi drivers and bike riders hit trains at intersections where tracks cross streets and highways.

The growth in railroad crossing accidents is particularly worrying to my Carolina train accident attorney colleagues and me because we have spent decades urging rail companies, track owners, state transportation departments and owners of properties where rails cut through driveways and private roads to make crossings safer. Improvements can include gates, better automated signal lights and, where practical, fences to keep pedestrians off tracks.

While no safety measures will completely prevent all accidents at railroad crossings, every company, government official, driver and pedestrian needs to all things possible to decrease the possiblity of collisions at crossings and on tracks.

EJL

Drunk Driver Causes Guilford County, NC Accident, Sends Nine to Hospital

blog@carolina.hsinjurylaw.com (Blog Author)71842 — Wed, 21 Dec 2011 08:00:00 EST

Eight members of a North Carolina (NC) family wound up in the hospital after being hit by a man now facing drunk driving and hit-and-run charges. The four adults and four young children were in an SUV on Highway 220 in Guilford County when the collision occurred on December 18, 2011. The family's SUV rolled over multiple times, and one woman was ejected from the vehicle despite wearing a seat belt.

The drunk driver chose not to stop at the scene of the accident. Instead, he was found about half a mile down the highway. The at-fault driver was also injured and sent to the hospital.

The damage done by the careless, selfish driver is being felt by a family who did everything right. Wearing their seat belts, traveling down a local highway on a Sunday afternoon. Who could have guessed their trip would turn tragic? This family should not have to suffer because of another man's carelessness.

As car accident attorneys, we see more than our share of horrific crashes. It never fails to astound us, however, to see such drivers careless and negligent enough to get behind the wheel after drinking too much.

Our thoughts are with the family at this difficult time. They deserve justice for the heartache and pain this man has put them through.

CID

NC Hit-and-Run Driver Injures Family of Eight in Highway 220 Accident

hsinjurylaw@gmail.com (Blog Author)71711 — Tue, 20 Dec 2011 08:00:00 EST

Four adults and four children under the age of 10 from the same family are in the hospital due to the reckless and irresponsible behavior of another driver. The family was traveling down Highway 220 in Guilford County, North Carolina (NC), when the driver of a 2001 Dodge Intrepid hit the family’s 2002 Mercury Mountaineer.

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The at-fault driver did not stop at the scene of the crash, but he was found and arrested roughly half a mile down the road. Police have charged the at-fault driver with DWI, careless and reckless driving, and felony hit-and-run, according to myfox8.com.

It is so frustrating to read about accidents involving careless drivers who not only cause serious harm to innocent victims, but also have the temerity to bolt from the scene of the wreck to try and avoid punishment. The at-fault driver in the Guilford County accident left the victims to fend for themselves without any care as to their condition. It is a prime example of callous behavior.

PA

Drowsy Driver in East Durham, NC Causes Accident on U.S. 70

blog@carolina.hsinjurylaw.com (Blog Author)71580 — Mon, 19 Dec 2011 08:00:00 EST

The driver of a 1994 Geo Tracker on U.S. 70 reportedly crossed the center line and slammed into a 2004 Acura TL between Mineral Springs Road and Laurel Drive in East Durham, North Carolina (NC). The driver of the Acura, Mike Delionbach, suffered serious injuries including broken bones. He was taken to Duke University Hospital and is reportedly in intensive care.

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Highway Patrol officers found evidence at the scene and took witness statements indicating that the at-fault driver probably fell asleep while behind the wheel, according to the Herald-Sun.

The accident is a prime example of the serious risks associated with attempting to drive when you are drowsy or seriously fatigued. Driving while feeling fatigued is almost on par with driving while intoxicated,according to sleepdex.org.

To learn more about the dangers of drowsy driving, check out this article written by an injury attorney in North Carolina.

Choking Hazards Prompt Recall of Baby Rattles

jlewis@hsinjurylaw.com (Blog Author)71555 — Sun, 18 Dec 2011 08:00:00 EST

We all want the best, safest toys for our children. Toys Distribution Inc. is cooperating with and the U.S. Consumer Product Safety Commission in a recall of baby rattles that can seriously injury or kill very young children. To learn more about the brand and models recalled, visit "Baby Rattles Recalled for Choking Hazards."

CID

NC College Student Killed in Bicycle Accident

hsinjurylaw@gmail.com (Blog Author)71545 — Sun, 18 Dec 2011 08:00:00 EST

A Lees-McRae College freshman was killed after being hit by a pickup truck in Avery County, North Carolina (NC). The 19-year-old was training for her school's cycling team, riding on U.S. 221 near Ginger Lane in Altamont. A Ford Ranger crossed the center line and hit her bicycle.

The driver has been charged with misdemeanor death by vehicle, and our thoughts are with the victim's family. To see a young woman in the prime of her life doing something she loved lose her life due to someone else's carelessness is heart-wrenching.

This is the second fatality for the Lees-McRae cycling team in 2011. A senior cyclist died in January after an accident in her home in South Africa. One can only imagine how difficult this second loss must be for the women's teammates. Nearly all athletes suffer injuries during their playing careers, but worrying about fatal accidents should never be a concern for young athletes.

Accidents between bicycles and vehicles almost always end tragically. Studies show that bicycle deaths in 2009 accounted for approximately 2 percent of all traffic fatalities. Even more injuries occurred as a result of bicycle accidents -- approximately 500,000, according to the Centers for Disease Control and Prevention.

Bicycling can be dangerous, but student athletes and amateur cyclists alike should not have to pay for other people's mistakes on the road. Another innocent life has been taken at the fault of a careless driver.

As a personal injury attorney, I've done the research and know how to handle bicycle accidents with injuries. First, seek medical attention as quickly as possible. Call the police and have an officer complete an official accident report. Try to get digital pictures with a cell phone if not a camera. If you need legal assistance, we provide confidential free initial consultations.

CID

At-Fault Driver in Fatal South Carolina Head-On Collision Fled Scene, Tried to Flee State

hsinjurylaw@gmail.com (Blog Author)71301 — Thu, 15 Dec 2011 08:00:00 EST

The man now charged with causing a fatal head-on collision on Pelzer Highway/Route 8 outside of Easley, South Carolina (SC), just after 1 am, December 11, 2011, was tracked down by state police at a Columbia Greyhound bus station two days after the crash. According to WIS-TV 10, the at-fault driver had originally fled the scene of the deadly accident involving his pickup truck and the victim's car. He was caught trying to flee the state.

View a larger map of the area near Easley, SC, where a pickup truck driver killed another person in head-on collision.

Background information on the pickup driver provided in an Independent Mail newspaper report indicates that the man had plenty of reason to try to avoid capture. Past traffic violations had earned him convictions for driving under the influence of alcohol and other arrests for DUI, crossing the center line and causing accidents, speeding and driving with a suspended license.

It's questionable whether the at-fault driver should have been behind the wheel at all. But he was, and, because he once again crossed into the path of oncoming traffic, a 24-year-old is dead and he faces many other likely crash-related charges and a possible long prison sentence.

As Carolina personal attorneys who have helped many victims of head-on collisions, we're pleased that this driver who, by all accounts, took the life of another person did not succeed in his attempt to evade justice.

EJL

Soccer Ball Heading Can Cause Brain Injuries

blog@carolina.hsinjurylaw.com (Blog Author)71284 — Wed, 14 Dec 2011 08:00:00 EST

Soccer is the world's most popular sport, but parents should consider a new study that shows repeatedly heading the ball increases risk of brain injury. To learn more, visit Heading Soccer Balls Can Lead to Brain Injuries."

CID

North Carolina Company Recalls Chicken Breasts

rappleton@hsinjurylaw.com (Blog Author)71030 — Mon, 12 Dec 2011 08:00:00 EST

Raeford Farms, a company based in North Carolina (NC), has recalled its cooked chicken breasts after tests found Listeria monocytogenes contamination in more than 4,100 pounds of the product. The recalled chicken packages are marked with the code P-239A inside the USDA mark of inspection, along with the product code 94268 and a package date of “1270.”

Potentially tainted chicken breasts were shipped to Florida (FL), North Carolina, Georgia (GA) and South Carolina (SC).

No illnesses have been reported to the U.S. Department of Agriculture, but listeria infection is a serious fear. Listerioisis generally affects older people, pregnant women and people with weakened immune systems.Symptoms often take months to develop and can include muscle aches, neck stiffness, diarrhea, confusion, convulsions, headache and loss of balance.

Earlier in 2011, more than 145 people were sickened, and another 30 people were killed after consuming cantaloupes tainted by listeria. The bacteria and the illness it causes should not be taken lightly, and this product recall should be followed to the letter.

Throw away any chicken you believe to be affected by this recall. As a personal injury attorney, I've seen far too many people sickened by everyday products and foods that are generally believed to be safe. The reality is that virtually any product can be affected by dangerous germs. It is up to the companies to recall these products, and to the consumer to throw away tainted food.

CD

Elderly Couple Seriously Injured in Collision With Stopped Train at Unmarked Crossing in Versailles, KY

blog@carolina.hsinjurylaw.com (Blog Author)70828 — Sun, 11 Dec 2011 08:00:00 EST

A 72-year-old man and his 78-year-old wife were taken to the hospital with serious injuries after they drove their pickup truck into a train being operated by the RJ Corman freight company that had stopped on CSX-owned tracks in Versailles, Kentucky (KY). The accident occurred on the U.S. 60 Bypass around the city just after 2 am on December 9, 2011. Police investigating the crash scene told the Lexington Herald-Leader that the crossing where the accident took place has no gates and that signal lights that warn drivers of an approaching or present train were not working.

View a larger map of the area where a pickup truck collided with a train at an unmarked grade crossing in Versilles, KY.

The injured man delvers newspaper and was traveling to Lexington to collect his daily allotment of papers, according to WKYT-TV 27. The television station also reported that while the state's transportation department is responsible for posting and maintaining signage such as stop signs and railroad crossing signs around grade crossings, railroad operators and track owners have the responsibility for putting up gates and lights and ensuring that those warnings and barriers work properly.

No officials from the police or the railroads have offered explanations for why the signals were not turned on at the crossing where the wreck occurred.

This accident provides a reminder -- as too many others have over the years -- that unmarked and improperly controlled railroad crossings pose deadly dangers to drivers and passengers in vehicles that share road and highway intersections with trains. At the same time, collisions at crossings put engineers, conductors and brakemen crewing trains at risk for injuries and death.

My Virginia and Carolina personal injury attorney colleagues and I specialize in representing people hurt in railroad accidents. We have written time and again about the need to improve grade crossing safety by putting in automated gates, improving warning lights and, for a gold standard, getting rid of grade crossings altogether by putting in train overpasses or underpasses. At a minimum, no signal lights at a crossing should ever be switched off or, if malfunctioning, allowed to go unrepaired.

I wish the couple injured in Kentucky speedy recoveries. I also want RJ Corman and CSX to be held accountable for permitting the danger to exist.

EJL

Child Injured in SC School Bus Crash Involving Car and Tractor-Trailer

blog@carolina.hsinjurylaw.com (Blog Author)70766 — Fri, 09 Dec 2011 08:00:00 EST

A young St. Stephens, South Carolina (SC), child required hospital treatment for injuries suffered in a traffic accident that occurred on December 8, 2011, and literally across the street from J.K. Gourdin Elementary School on State Highway 45. Fortunately, none of the other 18 students on the bus got hurt.

View a larger map of the area whre a car, tractor-trailer and school bus collided in St. Stephens, SC.

The wreck involved a car, the bus and a tractor-trailer, and it can be accurately characterized as both a rear-end crash and a head-on collision. The summary of the police report written for the WCSC Live 5 website is worth quoting in full: "The Nissan struck the back of the bus, veered left and the car was struck by a tractor-trailer that was headed in the opposite direction, sandwiching the car between the truck and the bus."

Unsurprisingly, the at-fault driver of the car also sustained serious injuries. Somewhat more shockingly, the accident occurred because the car's driver had crossed a double yellow line in order to pass the school bus in a school zone. That illegal lane change and passing maneuver obviously wound up costing the man more than the traffic ticket he surely deserves.

Wrecks involving school buses happen far too often, and drivers of other vehicles on the road are often to blame. To cite one example of this from as recently as mid-November 2011, a pickup truck driver who ran a stop sign in Carteret, North Carolina (NC), hit a high school bus and injured 24 teens. And later that month, a drunk driver on Route 234 in southeastern Maryland (MD), collided with a bus, injuring 15 students.

No driver ever has an excuse for operating a vehicle negligently or dangerously in school zones or around school buses. Any time an irresponsible driver hits a bus, the injuries caused are only part -- a significant one, but still only a part -- of the damage done. Each school bus crash chips away at the sense of security children and their parents must have in bus transportation.

EJL

DWI/DUI Wreck at NC Drunk Driving Checkpoint No Laughing Matter

hsinjurylaw@gmail.com (Blog Author)70539 — Tue, 06 Dec 2011 08:00:00 EST

In his latest post to our firm's North Carolina Injuryboard blog site, personal injury attorney Rick Shapiro reports on a DWI accident at a drunk driving checkpoint in Newton, North Carolina (NC). Only the impaired driver suffered injuries at the highway intersection where police were enforcing drunk and drugged driving laws as part of a monthlong "Booze It & Lose It" campaign. Rick notes that while some people may find news of the crash humorous, there is nothing funny about the injuries and wrongful deaths caused by drunk drivers. To read more, click over to "DWI/DUI Accident Proves Necessity of North Carolina's ‘Booze It & Lose It' Campaign."

EJL

Honda Expands Recall of Vehicles With Dangerous Airbags

blog@carolina.hsinjurylaw.com (Blog Author)70387 — Mon, 05 Dec 2011 08:00:00 EST

A potentially deadly problem with the airbag trigger mechanism first identified in 2008 has prompted a second, expanded recall of hundreds of thousands of Honda and Acura cars and SUVs sold between 2001 and 2003. Announced by the automaker on December 1, 2011, the recall affects 2001 and 2002 Accord, 2001 to 2003 Civic, 2001 to 2003 Odyssey, 2002 and 2003 CR-V, 2003 Pilot, 2002 and 2003 Acura 3.2 TL and 2003 Acura 3.2 CL vehicles.

News reports on the new recall note that at least a dozen drivers have been injured when they had accidents and the airbags deployed with too much force. Two deaths have also been blamed on the airbag problem. In the best-reported fatality involving defective Honda airbags, an 18-year-old high school senior in Oklahoma City, OK, died after getting into a fender-bender in a parking lot. According to KOCO.com, the minor wreck triggered the airbag, which "exploded, sending metal fragments into her body."

Airbags, like seat belts, are ubiquitous in cars, SUVs and all other modern vehicles. They exist to protect drivers and passengers in collisions, no matter the speed or severity of the wreck. However, defective safety devices can be even more dangerous than having no protective equipment at all. To cite just one example of this, in 2006, a driver's side car set that failed at the moment of impact rocketed a California woman head-first into the rear of her car, breaking her neck and permanently disabling her. The woman did receive a settlement from the maker of the defective seat, but that money will not make up for her loss of the ability to walk.

As a Carolina personal injury attorney whose firm regularly helps people injured by dangerous and defective products, I am glad that Honda is acting to identify and replace the problem airbags. No driver or passenger should ever be in a car or SUV whose safety equipment cannot be trusted to work as designed.

EJL

Girl's Traumatic Brain Injury Raises Concerns About Hair Clips

jlewis@hsinjurylaw.com (Blog Author)70514 — Mon, 05 Dec 2011 08:00:00 EST

My colleague Emily Mapp Brannon has written a new post for our firm's Virginia Beach, Chesapeake and Suffolk Injuryboard blog site about a 5-year-old North Carolina (NC) girl who suffered brain damage after she fell and pieces of the hair clip she was wearing embedded in her skull.

DM

Head-on Collision in Winston-Salem, NC Kills One, Leaves Another Critically Injured

jlewis@hsinjurylaw.com (Blog Author)70428 — Sun, 04 Dec 2011 08:00:00 EST

A fatal head-on collision in Winston-Salem, North Carolina (NC), illustrates two incontrovertible truths about deadly accidents and wrecks that leave drivers with severe, life-threatening injuries.

The first lesson from the car crash on Reynolds Road just before midnight on December 2, 2011, is that anyone can have his or her life ended or changed forever by a traffic accident. The other is that speeding puts everyone on the road at risk for wrecks.

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The head-on collision involved a car being driven by 70-year-old NC State Rep. Larry Womble, who represents Forsyth County, and another vehicle operated by 54-year-old David Carmichael. Womble sustained critical injuries, and Carmichael lost his life. Both lived near the scene of the accident and had undoubtedly navigated the sharp curve where their cars collided countess times before. One slight miscalculation by either Womble or Carmichael, however, resulted in tragedy.

Police have not released full details on the cause of the accident, but residents of the neighborhood where the crash occurred told WXII-TV 12 that "there have been several major accidents there because drivers were going too fast around the curve."

And that is the second lesson to take from this accident: Speed can kill. Reducing speed while moving through curves is essential for staying in one's lane. As soon as a car, truck, SUV or van crosses the center line, an accident is likely.

As a Carolina personal injury attorney whose law firm regularly represents victims of head-on collisions, I cannot stress strongly enough how important it is for all drivers to stay in their own lanes when encountering oncoming traffic. I also offer my condolences to Carmichael's friends and family and my hopes for a speedy recovery for Womble.

EJL

South Carolina Moped Crash Takes Teen's Life

rappleton@hsinjurylaw.com (Blog Author)69908 — Wed, 30 Nov 2011 08:00:00 EST

When a pickup truck struck a moped that was speeding across U.S. 29 in Piedmont, South Carolina (SC), on November 25, 2011, the 13-year-old passenger died almost instantly and the motorbike's driver suffered severe injuries. State police speaking with the Independent Mail noted that neither of the young people on the moped were wearing helmets.

The fatal moped accident occurred in Piedmont, SC.

The initial investigation into the fatal moped accident also indicated that the riders failed to stop fully before entering the highway. No charges were initially filed.

The wreck illustrates two essential facts about riding mopeds and scooters safely. The first is that riders must obey all traffic laws to avoid collisions. The second is that anyone riding a motorbike must wear a helmet.

No piece of safety equipment is more important than a helmet for a biker. While no helmet can prevent every injury, study after study has shown that motorcyclists, bicyclists and moped riders who were wearing helmets at the time of an accident suffered fewer traumatic brain injuries and deaths.

EJL

NC Man Dozing Behind Wheel Crashes into Gas Pumps at Tyler Gas Station

duffankm@hotmail.com (Blog Author)70257 — Wed, 30 Nov 2011 08:00:00 EST

A man in Tyler, Texas (TX), fell asleep behind the wheel and smashed nto gas pumps at an ETX gas station during the Thanksgiving 2011 weekend. Aaccording to KLTV3, the wreck occurred just before 3 am and damage to the pumps, station building and vehicle was extensive.

The gas station clerk escaped serious injuries, the television station reported that everyone at the scene was “thankful no one was killed, nothing caught fire and all the damage can be fixed.”

This crash reminds us how prevalent car or truck accidents are. People unexpectedly get killed or sustain serious injuries when fatigued drivers get behind the wheel and hit the roads.

LC

DUI Driver Injures SC State Trooper in Head-On Collision

blog@carolina.hsinjurylaw.com (Blog Author)70070 — Tue, 29 Nov 2011 08:00:00 EST

Drunk and drugged drivers are a danger to themselves and everyone else on the road, including police officers.

The latest illustration of how no one is safe when an inebriated person climbs behind the wheel comes from Anderson, South Carolina (SC). There, shortly after midnight on November 29, 2011, a man driving under the influence of alcohol swerved out of his own lane on Greenville Road and hit a South Carolina Highway Patrol cruiser head-on. The state trooper suffered only a wrist injury, according to WYFF4.com, but the damage could have been far worse. Too often, DUI drivers permanently disable or take the lives of the people in the cars they run into.

A drunk driver hit and injured a state trooper in Anderson, SC

Collisions between drunk drivers and law enforcement personnel are, unfortunately, all too common. And, of course, so are accidents involving drunks and pedestrians, drunks and bicycle riders, drunks and other drivers ....

My Carolina personal injury attorney colleagues and I do all we can to assist victims of DUI crashes, but we come to those cases long after the damage to people's health and live have been turned upside down and inside out. The real solution to the problem is for people to stay out their vehicles if they have had too much to drink or taken drugs.

EJL

Passenger Dead in NC Crash

rappleton@hsinjurylaw.com (Blog Author)69797 — Sun, 27 Nov 2011 08:00:00 EST

Accidents can happen anytime to anyone. Expecting the unexpected is sometimes the only thing that might prevent such crashes. A woman in Elizabeth City, North Carolina has died after being involved in such a crash. To learn more, visit our blog. One Dead After Elizabeth City Crash

Elderly NC Woman Crashes Into DMV Office, Causing Personal Injuries and Property Damage

rappleton@hsinjurylaw.com (Blog Author)69755 — Sat, 26 Nov 2011 08:00:00 EST

In mid-November 2011, an elderly woman crashed her car into a Fayetteville, North Carolina (NC), DMV office shortly after completing her driving test. According to FOX 8, the 77-year-old drver accidentally stepped on the gas and smashed her 2008 Acura into the front of the building.

Four individuals needed hospital treatment for their injuries, and the DMV sustained about $50,000 in damages.

The age of the driver in this NC car wreck reminds us about the limits of the elderly. As individuals get older, many factors can diminish driving skills and prevent people from safely operating a car. Still, North Carolina lets drivers maintain their driving as long as they continue to drive safely, while also requiring anyone age 70 years or older to renew their license in person, pass a vision test and perhaps, take a written test.

AARP.org ffers these warnings signs for when it may be time for an elderly to limit or stop driving:

Dents and scrapes on the car, fences, garage doors, mailboxes, or curbs
Getting lost in familiar places
Trouble seeing or following road signs, traffic signals, or pavement markings
Responding too slow during unexpected events
Difficulty moving the foot from the gas to the brake pedal
Misjudging traffic gaps at intersections
Hard time concentrating while driving.

The NC car wreck discussed in the news article indicated the human and property damage that can happen when an elderly can no longer drive safely. To learn more about what to do when you or a loved one gets hurt in a car accident that results in death or serious injuries, check out our online library of articles devoted to the subject.

LC

Truck Hits NC Bus, Injuring Several Students

jlewis@hsinjurylaw.com (Blog Author)69756 — Sat, 26 Nov 2011 08:00:00 EST

A bus wreck on Meeting Street in Carteret County, North Carolina (NC), sent 13 East Carteret High School students to the hospital in early November 2011. According to Eyewitness News 9, most of the children complained of neck and shoulder pain, while officials expressed concerns that some of the students showed concussion symptoms.

It is unknown whether the truck driver will be charged with any traffic violations.

This report on a bus wreck, and the recent update by one of our firm's NC personal injury lawyer's, on the driver involved in the SkyExpress bus crash in Virginia (VA) in May 2011 that left four people dead and others seriously injured, causes us to reflect on how individuals often die or get seriously injured when they ride on buses.

A mass transit wreck can be a life-altering event that requires the help of North Carolina personal injury attorneys to hold responsible parties accountable for injuries. To learn more about what to do if you or a loved one is hurt in a mass transit accident, check out our Frequently Asked Questions devoted to the subject.

LC

Female Passenger Killed in Elizabeth City, NC Car Accident

blog@carolina.hsinjurylaw.com (Blog Author)69770 — Sat, 26 Nov 2011 08:00:00 EST

An 83-year-old female passenger was killed in a car accident on Halstead Boulevard in Elizabeth City, North Carolina (NC), when the car she was riding in was hit by another vehicle. The fatal wreck occurred on November 20, 2011, and the 81-year-old driver of the hit vehicle was left in critical condition.

The Virginian-Pilot reported that police did not immediately file charges against the driver of the SUV that ran into the side of the car.

As experienced North Carolina accident injury attorneys with offices in Elizabeth City, my colleagues and I see a number of accidents in which passengers are injured or killed. If the driver of the car a passenger is traveling in makes a mistake or is reckless, the passenger or family members may have grounds for a lawsuit. This was graphically illustrated in an accident in October 2011 in which a 19-year-old from Moundsville, West Virginia (WV) lost his life in a Dodge Neon. The driver was operating the Neon erratically and crossed a double yellow line, according to media reports.

In 2010 we reported on a case in which a woman with a revoked license crashed her car, killing a passenger in Richmond, VA. She was charged with involuntary manslaughter.

It’s not common knowledge that when a loved one riding in a vehicle is killed due to the negligence and/or irresponsibility of the driver, the family of the loved one could have grounds for a wrongful death claim. Although some families decide not to file a claim, this is a mistake because the focus of the claim is to recover against the negligent driver's insurance policy, and that is why we all have liability insurance.

DM

Continuing Medical Education Is Disciplinary Tool for Doctor Errors

blog@carolina.hsinjurylaw.com (Blog Author)69771 — Sat, 26 Nov 2011 08:00:00 EST

State licensing boards, hospitals and medical groups are assigning continuing medical education courses to prevent doctor misconduct that can lead to medical malpractice claims or license discipline. According to amednews.com, CME courses help doctors learn from errors such as prescribing medications to friends and family members who are not patients. Other CME courses address physician-patient communication, anger management and recordkeeping mistakes.

Medical groups advocate expanding CME as a preventive, voluntary tool to teach doctors, nurse practitioners and physician assistants. For example, courses on recordkeeping teach physicians to keep notes on patient visits so they have a record if their clinical judgment and treatment methods are at issue. The news article reports the NC medical board is seeing more record violations with increased electronic medical records use.

In North Carolina, recordkeeping and improper prescribing violations are often linked. About half of the recordkeeping violations the North Carolina board handles involve improper prescribing of controlled substances. However, rarely does a physician maliciously violate prescribing rules.

Prescribing courses focus on rules governing prescribing. For instance, doctors cannot prescribe for someone they have not examined as a patient. Physicians often get in trouble for prescribing for a friend, family member, or colleague. Physicians are required to screen patients for drug-seeking behaviors.

If you or a loved one suffers an injury due to improper medical care in North Carolina, hold NC medical professionals accountable with the help of a North Carolina medical malpractice attorney. To learn more about what to you or a loved one can recover in a medical negligence lawsuit, check out our case results.

LC

Car Crash Kills Lorain, NC College Student

jlewis@hsinjurylaw.com (Blog Author)69729 — Fri, 25 Nov 2011 08:00:00 EST

In October 2011, a 22-year-old Lorain, North Carolina man died from injuries sustained in a car accident in Asheville, North Carolina (NC). According to the Morning Journal, the man's car was struck from behind by an SUV, and he and a passenger were taken to a hospital before the man succumbed to his injuries.

The driver of the SUV was not seriously injured, according police, who cntinue to investigate the crash.

This crash reminded us how prevalent car wrecks are. People unexpectedly die or suffer serious injuries everyday on the road, causing a loss not only to the person’s family and friends, but also the community. To learn more about what to do when you or a loved one gets hurt in a car crash that ends in death or serious injuries, check out our online ibrary of articles devoted to the subject.

LC

Admitting Medical Mistakes Can Improve Patient Safety

jlewis@hsinjurylaw.com (Blog Author)69712 — Fri, 25 Nov 2011 08:00:00 EST

Human medical errors hurt about 1.5 million in the United Sstates each year. Mistakes result in 100,000 health care-acquired infections, and these preventable injuries cause between 44,000 and 98,000 fatalities each year, according to Quantros.

Limiting serious injuries to patients mean not only preventing medical errors, but also reporting and learning from adverse events when they occur. This is the American Academy of Pediatrics' new policy statement, which encourages pediatricians to promote an "optimal culture of safety" when providing patient care.

According to the new policy statement authors, and two steering committees on behalf of the American Academy of Pediatrics, pediatricians must promote a practice culture that rewards reporting medical errors, urges open communication, and assesses information to learn from mistakes.

The new policy statement encourages leaders in all environments, such as solo practitioners, hospital CEOs, and members from boards of trustees to "be held accountable for making a serious, visible, and ongoing commitment to creating safe systems of care."

The new policy statement authors recommend improving pediatric patient safety:

Expand hospital-based patient-safety education to include ambulatory settings.
Develop pediatric-specific error reporting that does not depend just on computerized physician order entry.
Enhance family-centered practice by engaging patients and their parents or guardians in safety concerns.

The authors provide data from studies on pediatric patient harm in the new policy statement. For example, medication mistakes are a concern in pediatrics, especially in the critical care setting. A 2004 study in the neonatal intensive care unit found 47% of mistakes involved medications. In another study, 15% of new prescriptions in an outpatient pediatric clinic were issued with a dosing error. (Pediatrics 2004; 113: 1609-1618; J Pediatr 2005; 147: 761-767).

The authors concluded the new policy statement with: "Pediatricians in all venues must have a working knowledge of patient-safety language, advocate for best practices that attend to risks that are unique to children, identify and support a culture of safety, and lead efforts to eliminate avoidable harm in any setting in which medical care is rendered to children."

If you or a loved one suffers an injury due to improper medical care in North Carolina, hold NC medical professionals accountable with the help of a North Carolina medical malpractice attorney. To learn more about what to you or a loved one can recover in a medical negligence lawsuit, check out our case results.

LC

North Carolina Girl Survives Pinned in Overturned Car for Two Days

rappleton@hsinjurylaw.com (Blog Author)69713 — Fri, 25 Nov 2011 08:00:00 EST

For two days, a Craven County, North Carolina (NC), girl survived in an overurned car, trapped by her seat belt and next to her deceased father. According to ABC News, the November 2011 accident occurred due to excess speed: When the car was found and the 9-year-old girl rescued, the car's speedometer read 110 mph.

One reason the girl was not rescued earler was because her mother had crashed her own car less than 100 feet away from the original car scene while searching for the daughter and father,

This crash reminds us there are many people on the roads who fail to reduce speed in response to road conditions and cause serious injuries or death to themselves and others. To learn more about what to do when you or a loved one gets hurt in a car wreck, check out our online library of articles devoted to the subject.

LC

Car Crash Kills Longtime North Carolina Elementary School Teacher

rappleton@hsinjurylaw.com (Blog Author)69731 — Fri, 25 Nov 2011 08:00:00 EST

In November 2011, a New Hanover County, North Carolina (NC), elementary school teacher died due to injuries she suffered in a car accident. According to WWAY3, the wreck occurred not far from Laney High School when another driver crossed a center line and hit the teacher's car. Moments later, a second vehicle struck the women's car.

State police have charged the driver who first hit the teacher with misdemeanor death by vehicle, though troopers also stated that they did not believe alcohol or drugs were involved.

This wreck reminds us there are many drivers on the streets who fail to pay attention when they are on the road and, consequently, cause serious injuries or death to significant members of our communities. To learn more about what to do when you or a loved one gets hurt in a car crash that ends in death or serious injuries, check out our online articles devoted to the subject.

LC

Accident Concerns Spark Plan to Create Safe Zone on Currituck, NC Beach

jlewis@hsinjurylaw.com (Blog Author)69302 — Sun, 20 Nov 2011 08:00:00 EST

Putting roads on the unpaved beaches north of Corolla in Currituck County, North Carolina (NC), is opposed by many residents who want the Carova Beach area to retain its remote character. But in the wake of accidents and safety, concerns county commissioners are looking at placing more regulation on the beaches by creating a safe zone to keep vehicle and sunbathers safely separated.

The proposal is one of several being considered for an 11-mile stretch of beach on the northern Outer Banks. Each is also intended to relieve heavy traffic.

This video describes driving on Carova Beach

"The safe zone would push parked cars and sunbathers closer to the shore and steer traffic behind them," according to an Associated Press report.

As experienced North Carolina (NC) accident injury attorneys who handle cases on the Outer Banks, my colleagues and I see a considerable number of injuries during the peak holiday season. In a recent article my colleague Rick Shapiro noted how many holidaymakers hire mopeds in resorts such as Kitty Hawk, Kill Devil Hills, Nags Head and Corolla, NC, during the summer, putting themselves at increased risk of injury because mopeds fare badly in accidents.

All-terrain vehicles, also popular in the offroad area, are also potentially dangerous vehicles that have been linked to injuries, deaths and wrongful death lawsuits.

Just as we see too many people killed in boating accidents, there are also too many accidents occurring in other vacation spots such as on the beach.

Battery Fire Raises Concerns Over Chevy Volt Safety

jlewis@hsinjurylaw.com (Blog Author)69264 — Sat, 19 Nov 2011 08:00:00 EST

My colleague Randy Appleton has written a new blog post for our firm's Virginia personal injury attorneys' website about a fire in the battery of the new Chevrolet Volt that has led to a safety study. Does the battery fire after a collision test raise more general questions about the safety of the hybrid vehice?

DM

Professor Killed in Pedestrian Accident on Davidson College Campus

blog@carolina.hsinjurylaw.com (Blog Author)68958 — Tue, 15 Nov 2011 08:00:00 EST

Eight days after getting struck by a car while walking on campus, a Davidson College professor passed away. According to WBTV, the professor is survived by his wife, five children and four grandchildren.

This Charlotte, North Carolina (NC), car wreck illustrates the damage that can occur when a pedestrian is at the wrong place at the wrong time. As North Carolina personal injury attorneys, my colleagues and I have seen many car accidents occur in busy crosswalks. To learn more about what to do when you or a loved one gets in a car accident that results in death or serious injuries, check out our library of online article devoted to the subject.

Two Charter Bus Accidents in One Week Raise Safety Fears

duffankm@hotmail.com (Blog Author)68949 — Tue, 15 Nov 2011 08:00:00 EST

My colleague Emily Mapp Brannon has written a new post for our firm's North Carolina Injuryboard blog site in which describes how a charter bus from North Carolina hit a pickup truck in Virginia, killing three. That crash, as well as another in Ohio just days later, have again put the spotlight on the questionable safety record of the charter bus industry.

DM

Pickup Truck Crushed by Concrete Slab on I-85

duffankm@hotmail.com (Blog Author)68957 — Tue, 15 Nov 2011 08:00:00 EST

A major crash caused an 80,000-pound concrete slab to crush a pickup truck in early November 2011. The accident prompted I-85 in North Carolina (NC). According to wbtv.com, the accident involved several vehicles, including three tractor trailers and a pickup truck and resulted from two drivers failing to reduce speed when road conditions changed.

The slab was being hauled by one the large trucks the pickup driver struck. The two other commercial trucks also hit the concrete hauler. Three men in the pickup were hurt, one seriously.

This wreck reminds us there are many people on the roads who fail to reduce speed in response to road conditions, which can cause serious injuries or property damage to others.

LC

Big Rig Driver Distracted by Donuts Overturns Truck in Fayetteville, NC

hsinjurylaw@gmail.com (Blog Author)68768 — Mon, 14 Nov 2011 08:00:00 EST

Authorities reported that donuts distracted the driver of an empty 18-wheeler regstered to Aex PTO and Trailer Inc. when he overturned his big rig in Fayetteville, North Carolina (NC), according to the WWAY3.

Police cited the driver, from Linden, NC, for driving left of center, and the trucker required treatment at Cape Fear Valley Medical Center for injuries.

Many crashes involve some type of driver error or distraction. This means drivers can impact road safety by paying attention to traffic, reducing speed, and staying awake. Eating, playing with pets, or doing things in the car while on the road, may take away focus from the traffic. Taking the eyes off the road for a second can result in serious injuries or death any moment.

LC

Unpainted Crosswalk Creates Danger for UNC Charlotte Pedestrians

hsinjurylaw@gmail.com (Blog Author)68864 — Mon, 14 Nov 2011 08:00:00 EST

A busy pedestrian crossing between the UNC Charlotte campus and a residential neighborhood named College Downs may be putting pedestrians' lives at risk, according to the Lake Norman News. One instance related by the newspaper occurred in the fall of 2011, when a car hit a student crossing at the location.

A report by the nonprofit Transportation for America titled Dangerous by Design 2011: Solving the Epidemic of Preventable Pedestrian Deaths ranked the Charlotte area among the 20 most dangerous metro areas in the United States for pedestrians, with 208 fatalities between 2000 and 2009.

This news on North Carolina pedestrian dangers illustrate the damage that can happen in a car or truck accident when walkers are at the wrong place at the wrong time. Someone's life is put at risk when roads are not properly marked, drivers do not pay attention to people crossing streets.

Allegedly Aggressive Security Contributed to Death of Cape Fear Valley Medical Center Patient

blog@carolina.hsinjurylaw.com (Blog Author)68869 — Mon, 14 Nov 2011 08:00:00 EST

Allegedly overaggressive hospital security at North Carolina's Cape Fear Valley Medical Center resulted in a patient dying, according to the Fayetteville Observer.

In April 2011, AlliedBarton security guards at the NC hospital placed a schizophrenic patient in a choke hold after he was taken by ambulance to the emergency room with signs of paranoia. Then, hospital workers did not resuscitate the patient quick enough

The mother of the deceased patient filed a lawsuit in September 2011. According to the lawsuit, the patient was unruly because he had not taken his medication.

The newspaper further reported that a letter dated October 25, 2011 from the state Department of Health and Human Services to Cape Fear Valley Health System Chief Executive Officer stated the security guards contracted by the hospital "were not trained in therapeutic physical holds" or proper methods to calm the patient. State inspectors stated the hospital did not have "adequate nursing supervision during the restraint to ensure the patient's safety," which "resulted in harm to the patient."

LC

NC Death Results from Couch Left on Road

blog@carolina.hsinjurylaw.com (Blog Author)68872 — Mon, 14 Nov 2011 08:00:00 EST

A lost couch was blamed for one death and three injuries along I-5 on Tuesday night in early November 2011.

According to Fox40 TV, the incident began when a tan car struck the couch, leading the driver and a passenger to get out to survey the damage. When another car's driver swerved around the couch, he collided with a big rig. The truck and the black car then crashed into the tan car and pushed it into the men on foot.

The driver of the tan car was pushed off the freeway and died at the scene. His passenger was pinned against a guard rail, and taken to the hospital Two people in the other car also required hospital treatment for injuries.

Drivers who lose items on the road can be cited or criminally charged with involuntary manslaughter if a death occurs. When determining what actions to take against these drivers, investigators evaluate the color of the object, its size, roadway light, and speed. The District Attorney takes recommendations from the Carolina Hghway Patrol on any possible charges to file, the television channel reported.

LC

Bus Driver Charged in Relation to I-85 Wreck That Killed Three

blog@carolina.hsinjurylaw.com (Blog Author)68868 — Mon, 14 Nov 2011 08:00:00 EST

Virginia State Police have reported that a November 2011 accident on I-85 in Dinwiddie County, Virginia (VA), killed two men and one woman who were riding in a pickup truck that collided with a logging truck and a chartered bus. The bus hit the pickup truck, pushing it into the log truck. A fourth individual in the truck was transported to the hospital with serious injuries.

Now, the driver of the bus carrying students from North Carolina A&T University in Greensboro, NC, has been charged with reckless driving in connection with the collision.

This report on a deadly bus crash, and the recent update by one of our firm's NC personal injury lawyer's, on the driver involved in the SkyExpress bus crash in Virginia in May 2011 that left four people dead and others seriously injured, causes us to reflect on how people often get killed or seriously injured when they ride on buses operated by drivers who do not comply with reasonable standards of care.

LC

25 Injured in North Carolina Truck, School Bus Wreck

jlewis@hsinjurylaw.com (Blog Author)68823 — Mon, 14 Nov 2011 08:00:00 EST

Twenty-four children from a school bus and the pickup truck driver wo cased an accident between the vehicles are being treated for injuries in Carteret County, North Carolina (NC). The wreck occurred at Professional Park Driver and Troon Way around 3:45 pm, when the man ran a stop sign. Sources say the truck driver has been charged for running the stop sign but that he claims his brakes failed.

View Larger Map

This is a very scary story for any parent. We put our children on the school bus each day with the hope that they'll be safe on the road. School bus safety statistics are generally very good, despite the fact that most school buses do not include seat belts for students. Still, the sheer size of a school bus usually protects any passengers from too much harm. Accidents like this one rarely cause so many injuries, which only hints at the danger these passengers faced.

The 24 students who escaped with injuries should not have to suffer this way because someone ran a stop sign. Even if the truck driver's claims about brake failure are true, it is still tragic that so man young children were hurt. The accident report and investigation will reveal what really happened. We can only hope that this accident didn't cause any serious or permanent injuries.

CD

North Carolina's New Caps on Medical Malpractice Awards Explained

blog@carolina.hsinjurylaw.com (Blog Author)68764 — Sun, 13 Nov 2011 08:00:00 EST

In North Carolina (NC) victims of medical negligence now face limits on how much they obtain from physicians and other medical providers for damages, as new state laws took effect in October 2011, according to The Associated Press. The so-called "tort reform" resulted from intense lobbying by hospitals, doctors and insurance companies

Specifically, North Carolina monies award for noneconomic damages such as pain, suffering and losing lost body parts can be no higher than $500,000 unless certain exceptions apply. Punitive damage awards are also capped at the that amount.

Perhaps the myths that medical malpractice awards are excessive and raise health care costs led to this legislation. The reality is that caps result in further injuring people who have already been hurt by medical negligence that contributed to a medical mistake that is commonly preventable. Whatever their cause, medical mistakes cannot be undone and leave victims with lifetimes of consequences like permanent disability.

The lives of Individuals who survive serious medical malpractice or hospital errors or a death of a loved one are altered forever. For example, the firm once represented a child who suffered shoulder dystocia, a permanent arm injury during birth. A lawsuit was brought against a nurse-midwife who helped the child's mother at birth. A jury determined the nurse's negligent care caused the child's arm injury. This child might never play sports because of the negligent care provided at birth.

Some opponents of North Carolia's new law think it violates the constitutional right to a trial by jury in a civil case because it strips from juries the right to decide what a medical injury is worth to a victim or family. The new cap may also discourage attorneys from accepting cases because malpractice cases are difficult and expensive as these cases require paying medical expert witnesses to review the medical records and write narrative reports.

If you or a loved one suffers an injury due to improper medical care in North Carolina, hold NC medical professionals accountable with the help of a North Carolina medical malpractice attorney.

LC

Malpractice Claims Could Arise From the Failure to Share Diagnostic Test Results

hsinjurylaw@gmail.com (Blog Author)68766 — Sun, 13 Nov 2011 08:00:00 EST

Failing to communicate clinical data from diagnostic tests, for instance not letting patients know what numbers mean or taking too much time to share results with patients, places physicians at risk for medical malpractice lawsuits, according to a study findings published in the Journal of the American College of Radiology.

According to a SUNY Downstate Medical Center press release, researchers, using information from the National Practitioner Data Bank, found the total indemnity payout across all medical specialties for U.S. malpractice claims involving diagnostic doctors dealt with communication failures. Diagnostic doctors let referring clinicians know about unexpected or urgent patient results.

The research studied payout increases from $21.7 million in 1991 to $91 million in 2010. From 1991 to 2009, data shows that communications failure-related medical negligence payments rose at the national level by an average of $4.67 million each year. During the past 10 years clinicians have ordered more diagnostic examinations.Perhaps, this is because some doctors think they might be sued if they do not order an indicated test.

It seems when doctors are in doubt, they tend to give more medical care.Because clinical evaluation usually depends on diagnostic tests, doctors' medical liability payments rise when failures to communicate affect patient safety. When reportable test results occur, health care providers require policies that detail the responsibility of reporting and referring medical providers to ensure patient follow-up.

LC

Takeda Pharmaceuticals Launches ACTOSInfo.com Website

duffankm@hotmail.com (Blog Author)68756 — Sun, 13 Nov 2011 08:00:00 EST

On October 25, 2011, Takeda Pharmaceuticals announced the launch of ACTOSInfo.com to educate patients and health care professionals on its pioglitazone product. The drug is used to treat type 2 diabetes, but it has been lnked to life-threatening side effects such as bladder cancer. This new website includes frequently asked questions on Actos and general drug safety.

Takeda launched Actos commercially in the United States in 1999, nd more than 100 million Actos prescriptions have been written worldwide for more than 10 million patients.

The U.S. Food and Drug Administration analyzed data from five-year results that noted an increased risk of bladder cancer among patients with long term exposure to pioglitazone, and an epidemiological study completed in France suggested increased bladder cancer risk with pioglitazone. France suspended the use of this dangerous drug.

According to a Takeda press release, “To better understand the relationship between Actos and bladder cancer, Takeda is currently supporting a ten-year epidemiological study.” Discussions on the increased risk of bladder cancer in patients taking Actos is included in the current Actos label and Medication Guide.

LC

Truck Driver Hits Bus in Beaufort, NC

hsinjurylaw@gmail.com (Blog Author)68652 — Thu, 10 Nov 2011 08:00:00 EST

My colleague Randy Appleton has written a post for our firm's Virginia Trucking Injury Accident/Injury Blog about an accident in Beaufort, North Carolina (NC), in which a truck hit a school bus aand sent as many as 24 students to the hospital with minor injuries.

The accident occurred at the intersection of Professional Park Drive and Troon Way.

DM

Fatal Crash Caused by 13-Year-Old Driver

blog@carolina.hsinjurylaw.com (Blog Author)68613 — Thu, 10 Nov 2011 08:00:00 EST

A fatal North Carolina pickup truck crash has claimed the life of a 15-year-old boy. The wreck happened when the boy's friend, just 13 years old, got behind the wheel of a family member's vehicle and drove at 50 mph through the dead end of a residential cul-de-sac and into a stand of trees in Arden, NC. The driver survived but was taken to the hospital with injuries.

The deadly crash occured on Glen Cove Road on November 7, 2011.

Now, a family must cope with the loss of young son. Our thoughts go out to them. It's always difficult to deal with a loss.

It is illegal for drivers under the age of 16 to operate a vehicle in North Carolina. Investigators are talking with the district attorney's office and the family of both boys to determine what consequences the 13-year-old driver will face.

Many kids glamorize driving and will jump at any chance to get behind the wheel. Talk to your kids about the dangers of driving, and about the necessity of being fully trained and licensed before climbing behind the wheel. If we can show our children the consequences of driving too soon, we can help prevent horrific accidents like this one.

CD

Truck Accident in North Caolina Trap Injured Man Under ConcreteSlab

hsinjurylaw@gmail.com (Blog Author)68219 — Mon, 07 Nov 2011 08:00:00 EST

Electrical worker Justin "Brent" Carrick wound up trapped under an 80,000 pound slab of concrete after a truck crash on I-85 near Poplar Tent Road in Cabarrus County, North Carolina (NC), when the truck he was driving hit the back of a wide-load trailer carrying the slab.

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Surprisingly, Carrc suffered only a broken femur, but police sad bith he and and one of the oter trucers will be ticketed for traffic violations that led to the chain-reaction accident. There is no immediate evidence that the concrete slab was an unsecured load. If that turns out to the caes, Carrick might have grounds to bring a lawsuit against the owner of the truck he hit.

The crash was just the latest in a long series of accidents involving commercial trucks in North Carolina during 2011. In fact, the Tar Heel State has the sixth worst record in the country for tractor-trailer crashes.

As experienced truck accident injury attorneys with offices in North Carolina, we report on far too many accidents involving semis and 18-wheelers. Recently, for instance, we noted that five people were killed and 10 were injured when a tractor-trailer hit a line of eight vehicles near Fletcher, NC.

DM

Firefighters Injured in Collision With Other Vehicles

blog@carolina.hsinjurylaw.com (Blog Author)68192 — Sun, 06 Nov 2011 08:00:00 EST

November 4, 2011, was a more dangerous day than most for firefighters in North Carolina (NC) and Virginia (VA). The emergency responders were not put at risk by flames, explosions or hazardous materials, however. In both South Gastonia, NC, and Virginia Beach, VA, firefighters were sent to hospitals following traffic accidents.

View a map of the intersection south of Gastonia, NC where a pickup truck hit a fire truck and injured two firefighters.

The North Carolina crash occurred at the rural intersection between Crowders Creek Road and York Highway. According to NC State Patrol officers, a pickup truck driver pulled out in front of fire truck as it was making a left-hand turn. Two of the firefighters required hospital treatment for crash-related injuries.

While no charges were immediately filed, if the findings from original investigation hold, the pickup driver could well be cited for failing to yield right of way to an emergency vehicle.

Hours after the North Carolina wreck, a fire crew responding to a transformer fire at 27th Street and Baltic Avenue collided with a car at 19th and Pacific. Four people in the car and three firefighters were hurt, with one of the civilians incurring serious injuries.

No details on the cause of the Virginia Beach crash have been released, but reports indicate that electric power and, therefore, street and traffic lights were out when the vehicles hit. It is unclear whether the fire truck had its lights and sirens going.

Firefighters risk their lives every day to protect others. As the recent traffic accidents involving fire trucks show, these essential emergency personnel also face risks on the road. Drivers should always give fire trucks plenty of space to operate and, when possible and safe, pull over and stop to let firefighters pass.

EJL

Father and Son Killed in Morganton, NC Motorcycle Crash

blog@carolina.hsinjurylaw.com (Blog Author)68145 — Fri, 04 Nov 2011 08:00:00 EST

During the last week of October 2011, a North Caroline woman was charged with driving while impaired and felony hit and run after she caused a fatal accident in which a father and son lost their lives. The victims had been riding on a motorcycle along Airport Rhodhiss Road in Morganton, NC.

According to WBTC, the woman had a history of drug convictions and Narcotics Anonymous pamphlets were found in her vehicle. This crash reminds us there are many individuals on the roads who drive under the influence or do not always operate a car safely, and damage others as a result.

Hit-and-Run Accident in Davidson County Results in Death of Cyclist

blog@carolina.hsinjurylaw.com (Blog Author)68125 — Fri, 04 Nov 2011 08:00:00 EST

Richard Clay was enjoying a ride on his bicycle on Old Highway 109 near Jolly Road when his life came to an abrupt and tragic end after he was hit and killed by an unknown vehicle. The at-fault driver decided to flee the scene of the accident and leave Clay to fend for himself.

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My deepest sympathies go out to the Clay family. Losing a loved one is one of the most difficult experiences anyone has to suffer, but the pain is even worse when the loss is sudden and caused by the reckless acts of another person.

I get so frustrated reading about hit-and-run accidents. Leaving the scene of a car wreck is both illegal and inhumane. The at-fault driver made the callous decision to put their own interests ahead of stopping and checking to see if Clay needed help.

Sgt. Stephen Pace with the Highway Patrol did not speculate as to why the at-fault driver failed to report the accident or stop and help, but Pace told television station WXII 12 that there are many reasons why a person flees the scene of a crash. These include the driver being drunk, not having a valid driver's license, or being on probation. Trasnlated, then, there really isn't a good reason to flee a car accident, especially when it involves a bike rider.

PA

Norfolk, VA Personal Injury Attorney Reports: Fatal Boat Accident Draws Manslaughter Charges

rappleton@hsinjurylaw.com (Blog Author)68097 — Fri, 04 Nov 2011 08:00:00 EST

In his latest post to our firm's Newport News, VA Car & Truck Accident Injury Lawyers blog site, my colleague John C. reports that two boat operators who crashed under the James River Bridge in Virginia are set to be tried on charges of involuntary manslaughter. A 13-year-old boy died as a result of the collision, and the teen's father is one of the boaters facing criminal prosecution. To read more, click over to "Two Boat Operators Charged in Collision That Killed Gloucester Teen."

EJL

Norfolk, VA Personal Injury Attorney Reports: Birth Control and HRT Pills Put Women at Risk for Deadly Side Effects

blog@carolina.hsinjurylaw.com (Blog Author)68026 — Thu, 03 Nov 2011 08:00:00 EST

In his latest post to our firm's VA-NC Medical Surgery Malpractice Blog, my Carolina personal injury law firm colleague John C. reports on new evidence showing that taking Bayer's Yaz or another birth control pill containing the synthetic hormone drosperinone significantly raises a woman's risk for developing a potentially fatal blood clot. John also points to a rash of rash lawsuits from women who took the estrogen-based hormone replacement therapy medication Prempro who allege drugmaker Pfizer failed to provide adequate warnings about cancer risks. To read more, click over to "Birth Control Risks Highlighted in Blood Clot Study, Breast Cancer Lawsuit."

EJL

Brain Injuries May Cause Death or Mental Illness

duffankm@hotmail.com (Blog Author)67965 — Wed, 02 Nov 2011 08:00:00 EST

Brain injury warnings have made headlines repeated in 2011, and nearly 100 current and former professiona football players have agreed to donate their brains to the Center for the Study of Traumatic Encephalopathy at Boston University School of Medicine for a long-term study ofchronic traumatic encephalopathy, or CTE, which is an incurable progressive form of dementia and other mental illnesses.

Pledges to donate increased following the suicide of NFL Hall of Famer Dave Duerson. He had suffered from memory loss and headaches for years, and those problems may have been related to repeated concussions and other blows to the head.

Annually, around 135,000 children between ages 5 and 18 are treated for sports-related head injuries, including concussions. Several states, including Virginia and North Carolina, have enacted laws requiring that a high school athlete who has suffered a concussion be benched until he or she gets a physician's approval to continue playing.

Brain injuries may be serious, causing someone to miss work or school, incur high medical costs, and suffer mental distress. A Virginia personal injury attorney evaluates the causes of a head injury to hold the responsible parties accountable for damages.

Distracted Tractor-Trailer Driver Causes Rail Yard Train Collision

hsinjurylaw@gmail.com (Blog Author)67863 — Tue, 01 Nov 2011 08:00:00 EST

A tractor-trailer driver who caused an accident while leaving the rail yard at the Morton Salt plant in Silver Springs, New York (NY), admitted he was distracted when he ignored warning lights and a lowered gate at tracks on which a Norfolk Southern freight train was being backed up. According to The Daily News, on October 28, 2011, the trucker was "looking down at something in the cab of his truck when he entered the railroad crossing."

This map shows where a distracted truck driver caused a rail ard train crash in Silver Sprigs, NY

Somehow, the at-fault driver escaped injury when the train hit just behind the truck's cab, and it appears that no NS crewmembers, rail yard workers or Morton employees got hurt. Such welcome outcomes are rare when truck drivers ignore crossing signals and barriers in industrial yards. In fact, this same Morton facility was the site of a fatal train-truck collision in August 2007.

To cite another incident in which railroad employees were injured and lost their lives in a rail yard crash, a van transporting BNSF workers to a hotel drove into the path of a train at a Kelso, Washington (WA), yard. Three people died, and a another was severely injured.

All drivers must exercise caution when approaching rail crossing, and no one should ever intentionally or unintentionally ignore flashing lights or attempt to beat trains by going around lowered gates. Distractions and overly aggressive driving at grade crossings can be deadly.

My railroad accident attorney colleagues and I have helped many train crew members hurt in crossing accidents and derailments receive compensation for their injuries. Any time a truck or other vehicle blocks a grade crossing, the train may end up going off the tracks as the engineer initiates emergency braking. The huge size of locomotives and rail cars means someone will likely get hurt when collisions occur.

EJL

Fire Hazard Leads to Recall

blog@carolina.hsinjurylaw.com (Blog Author)67918 — Tue, 01 Nov 2011 08:00:00 EST

My colleague John C. has written about a recall of more than 32,000 BMWs follwing concerns that an electronic component can overheat and set the vehicles on fire. This is just the latest automobile recall prompted by a potentially life-threatening defect.

DM

NC School Bus Accident Leaves Two Students Injured

rappleton@hsinjurylaw.com (Blog Author)67729 — Fri, 28 Oct 2011 08:00:00 EST

Two students from South Lenoir High School in Deep Run,North Carolina (NC), were hurt when a car crashed into their bus.

As experienced North Carolina accident injury attorneys, my colleagues see far too many accidents involving school buses. Take the case of an an SUV crossing a center line, hitting a bus head-on in Johnson County and injuring four students. The SUV driver had fallen asleep at the wheel and was cited for reckless driving.

Often, at-fault drivers ignore the basics of safely sharing the road with children and buses. During a police enforcement campaign in Wilmington, NC, many drivers were flouting the school bus rules. Some did not even appear to be aware that they were meant to stop when a school bus had activated its flashing lights and raised the stop sign arm. Ignoring a school bus stop sign will lead to a hefty fine, and the consequences for students getting on or off the bus may be more serious.

This video highlights school bus safety

My colleague Richard Shapiro has written blogged about a young girl who was fatally struck by a passing SUV while attempting to exit a school bus in Raleigh. In that case, the driver of the SUV did not stop behind the school bus and struck the child while she was crossing the street at her stop.

DM

Father and Son in Burke County, NC Killed in Hit-and-Run Accident

hsinjurylaw@gmail.com (Blog Author)67697 — Fri, 28 Oct 2011 08:00:00 EST

Hitting someone is bad, but fleeing the scene of the accident is reprehensible. Not only is this morally wrong, but it is illegal. Unfortunately, hit-and-run accidents still occur in North Carolina (NC). Take, for example, the recent accident that occurred in Burke County.

Stephen and Kevin Moody, father and son respectively, were enjoying a ride on a motorcycle heading down Airport Rhodhiss Road when their lives came to an abrupt end. A driver hit them then fled the scene of the wreck, leaving Stephen and Kevin to fend for themselves. Both were pronounced dead by Burke County EMS when the paramedics arrived, according to wcnc.com. Reports indicate the driver's vehicle crossed into the other lane of traffic before hitting the Moody's motorcycle.

A witness called in the hit-and-run accident. Fortunately, that witness also followed the driver who caused the accident after they fled the scene of the wreck. If the witness had not done this, the at-fault driver might still be at large.

My deepest sympathies go out to the Moody family. This appears to have been a senseless and preventable accident.

According to § 20-166 of the North Carolina General Statutes, a driver has a duty to stop in the event of an accident or collision. The Moody family should consult with a wrongful death attorney in North Carolina to discuss their legal options. If the deadly accident was caused by reckless or wanton conduct, a court could allow survivors to pursue punitive damages.

PA

$2M Surgical Error Verdicts for Man With Perforated Colon

jlewis@hsinjurylaw.com (Blog Author)67580 — Thu, 27 Oct 2011 08:00:00 EST

In his latest post to our firm's VA-NC Medical Surgery Malpractice Blog, my colleague John C. reports that a Pennsylvania man who suffered two perforated colon injuries because different doctors botched a colonoscopy and a repair surgery has won jury awards totaling $2 million from the physicians who made the surgical errors. John notes that expert medical testimony for the plaintiff played a key role in securing the favorable result. To read more, click over to "Doctors Who Perforated Man's Colon Ordered to Pay Injured Patient $2M in Damages."

EJL

Man Killed in North Carolina Plane Accident

jlewis@hsinjurylaw.com (Blog Author)67669 — Thu, 27 Oct 2011 08:00:00 EST

Two men took the skies in an experimental plane with a plan to arrive in Lexington, North Carolina (NC) at 10:45 am on October 24, 2011. Tragically, they never reached their destination. The plane crashed in Lexington just after 11 am.

One of the men on the plane was killed, and the other was taken to the hospital for treatment of seriousinjuries. People who live near the soybean field where the aircraft came down told reporters that, shortly before the crash, they heard the plane sputtering and what sounded like a car backfiring..

The deceased man had been flying for 20 years and routinely flew recreationally out of Craig Air Field in Arlington, Florida (FL).

As a licensed pilot, I always find it difficult to read about airplane accidents that cause injuries and deaths. The investigation into this plane wreck has not been completed, so we do not have a full picture regarding the cause of the crash. Since the plane was an experimental craft, there may have been a mechanical issue.

PA

Three Teenage Passengers Injured in Clayton, NC Car Crash

blog@carolina.hsinjurylaw.com (Blog Author)67672 — Thu, 27 Oct 2011 08:00:00 EST

Consuming alcohol before getting behind the wheel and then speeding is bad, but causing innocent passengers to suffer serious injuries because of those reckless actions is far worse. Unfortunately, that is what appears to have happened in the recent Clayton, North Carolina (NC) car wreck.

Alcohol and excessive speed reportedly played a factor in a car crash that left a 15-year-old girl, a 14-year-old girl, and an 18-year-old young man injured. All three were passengers in a car operated by a 17-year-old who is now facing charges of driving while impaired and violating the terms under he held a provisional driver's license.

The accident happened near the intersection of Amelia Church and Corbett roads. The car reportedly left the road.

I get so frustrated reading about these types of car wrecks because they are preventable. If only the driver had exercised more caution and not decided to drive after drinking. The driver's actions in this accident are especially egregious since he was speeding while impaired and had innocent passengers in the vehicle with him.

Hopefully, the three teenagers will be able to recover from this terrible Clayton car wreck, but many car crash victims require weeks, moths, or even years to fully recuperate from an accident. The parents of the teenagers should consult with a personal injury attorney in North Carolina to discuss their legal options. When an accident results from a driver's reckless or wanton conduct, courts allow plaintiffs to pursue punitive damages in addition to the usual damages for medical expenses, lost wages and pain and suffering associated with the accident.

To learn more, take a look at this free consumer guide about Carolina car accidents.

PA

Three High School Students Burned When Chemistry Experiment Went Wrong

blog@carolina.hsinjurylaw.com (Blog Author)67552 — Wed, 26 Oct 2011 08:00:00 EST

An accident at E.E. Smith High School in Fayetteville, North Carolina (NC), on October 25, 2011, sent three teens to area hospitals with burn injuries The advanced placement chemistry students had mixed and heated potassium nitrate and table sugar, and the mixture burst into flames. According to the Fayetteville Fire Department, other students were treated for injuries at the scene.

Accidents like this happen all the time.Here are some burn injury prevention tips:

Test shower and bath water temperatures with your hand.
Avoid using tablecloths with small children around. A child may pull on the corner of the tablecloth causing hot objects to fall.
Train children what to do when a house fire occurs.
Practice emergency exit strategies.
Keep children away from the stove when cooking with hot oil.
Keep pot handles turned inward on the stove top.
Test the temperature before eating.
Use a bottle warmer to warm infant formula.
Train children to stay away from lighters.

A burn injury victim may recover lost earnings, medical expenses, and emotional distress. A North Carolina personal injury attorney evaluates what causes a burn injury to hold the responsible parties accountable to a burn injury victim.

LC

NC Boy Killed in Go-Cart Accident

rappleton@hsinjurylaw.com (Blog Author)67543 — Wed, 26 Oct 2011 08:00:00 EST

A 6-year-old boy has died from injures he suffered when his go-cart collided with a car off NC 111 in Chinquapin, North Carolina. The youngser apparently did not the other vehicle when he entered the roadway.

Shockingly, the driver of the car was actually employed as a secretary at the elementary school the boy attended. Car accidents are always sad but are especially heart-wrenching when a fatality is involved, particularly with such a young victim. Our thoughts go out to his friends and family

Go-carts are some of the most dangerous recreational vehicles. They routinely crash and flip over when drivers lose control. More than 10,000 injuries are attributed to go-cart accidents each year in the Unted States. Not surprisingly, many of those injured were children.

Despite the scary numbers, many kids love go-carts, and their popularity has increased yearly. If your children ask for a go-cart, consider visiting a go-cart track, where safety is a top priority. Expert mechanics and safety supervisors will be on hand to oversee the safe operation of these vehicles. Make no mistak: Go-carts are most certainly vehicles and should be treated as such.

CD

Teen Drivers in North Carolina More Likely to Crash in First Month

blog@carolina.hsinjurylaw.com (Blog Author)67499 — Tue, 25 Oct 2011 08:00:00 EST

My colleague Rick Shapiro has written a new post for our firm's North Carolina Injuryboard blog site about an AAA Foundation for Traffic Safety analysis of NC traffic accident data that shows teen drivers are about 50 percent more likely to crash in their first month of driving.

DM

CPSC: Frog Mask Sold by Target Pose Suffocation Risk to Children

rappleton@hsinjurylaw.com (Blog Author)67397 — Mon, 24 Oct 2011 08:00:00 EST

My colleague Emily Brannon has posted a new blog on our firm's Virginia (VA) personal injury attorneys' website about a recall of frog masks made in China because children can suffocate while wearing the masks. About 3,400 units of the product were sold exclusively by Target.

DM

North Carolina Pedestrians Killed While Wearing Headphones

jlewis@hsinjurylaw.com (Blog Author)67362 — Mon, 24 Oct 2011 08:00:00 EST

My colleague Emily Brannon has reported our firm's North Carolina Injuryboard blog site that two pedestrians wearing headphones lost their lives when they walked into the paths of vehicles they did not see or hear coming. Wearing headphones has increased pedestrian fatalities.

LC

Four Car Accidents on I-77 in Charlotte, NC, Leave Several Injured

duffankm@hotmail.com (Blog Author)67315 — Mon, 24 Oct 2011 08:00:00 EST

Four nearly simultaneous crashes all but shut down I-77 through Charlotte, North Carolina (NC), during evening rush hour on October 19, 2011. Two accidents occurred in the northbound lanes between the exits for Remount Road and the John Belk Freeway and left two people injured. A third accident with injuries occurred near Tyvola Road, and traffic became even more hazardous when police arrested and charged a burglary suspect who got into a wreck after leading officers on a brief chase.

These accidents remind us that many individuals on the roads do not operate their cars safely and that damage to others often results from such negligence. The North Carolina Division of Motor Vehicles allows drivers to maintain their licenses as long as they continue to drive safely.

To learn more about what to do when you or a loved one gets hurt in a car accident, check out our library of online articles devoted to the subject.

LC

NC Moped Rider Injured in Bus Crash

hsinjurylaw@gmail.com (Blog Author)67259 — Sat, 22 Oct 2011 08:00:00 EST

A man who ran into a CATS bus while riding his moped in Pineville, North Carolina (NC), suffered serious but non-life-threatening injuries. No one abroad the bus as hurt, according to wbtv.com.

The wreck occured on South Boulevard at the onramp to I-485 East in shortly after the bus driver had made a left-hand turn onto the ramp. Police say the moped rider hit the bus on its right side but were continuing to investigate the crash.

Moped accidents often result in personal injuries. Because mopeds are smaller than cars and buses, and riders are exposed when they collide with other vehicles, riders at high risk for sustainig brain injuries, or spinal cord injuries. Deaths are not uncommon. The moped rider involved in this accident was lucky he came out in fair condition.

In a moped accident, damages the injured person or loved ones can recover in a personal or wrongful death lawsuit against an at-fault driver include

• Medical care costs

• Loss of earnings

• Loss of companionship

• Emotional distress

• Psychological counseling

• Property damage

Infant Carriers Recalled Over Fall Risks

hsinjurylaw@gmail.com (Blog Author)67191 — Fri, 21 Oct 2011 08:00:00 EST

While only an estimated 50 LittleLife Discoverer Child Carriers have been sold in the United States and Canada, the U.S. Consumer Product Safety Commission has joined with UK-based manufacturer Lifemarque in issuing an urgent recall of the product. As stated in a CPSC press release issued on October 20, 2011, " The carriers were sold without bolts that attach the carrier's main frame to the metal stand. Missing bolts cause the carrier to disconnect from the stand and fall backwards, posing a fall hazard to a child in the carrier."

No such accidents have yet been reported in North America, but the mere possibility that a baby could fall backwards 5 to 6 feet and strike his or her head on the ground, floor, sidewalk or roadway is certainly frightening enough to merit the recall of LittleLife carriers. Head, neck, spine and brain injuries are already too common among infants and children under the age of 4 years. Any product that increases children's risk for such traumas must be taken off the market or repaired and redesigned so it is safe for use.

Indeed, one of the reasons drop-side cribs were repeatedly recalled before being banned outright in 2010 by federal regulators was because the sliding panel of the infant beds could come loose and allow babies to fall out and suffer head and brain injuries.

As a North Carolina (NC) personal injury attorney and father of three, keeping children safe is a priority that drives my professional work and personal actions. I'm pleased to know that even though the numerical risk from the recalled LittleLife carriers is small, the product's maker is acting responsibly to limit that risk even further.

EJL

Increase In Railroad Traffic May Increase Rail Road Crossing Injuries

hsinjurylaw@gmail.com (Blog Author)67174 — Thu, 20 Oct 2011 08:00:00 EST

The Piedmont triad in North Carolina is home to 1.5 million people. Those people are about to get a lot more train and railroad traffic when Norfolk Southern begins offering six-day-a-week rail service between the Port of Virginia in Norfolk and Greensboro, N.C. This may mean nothing to residents now but what happens when that increase in train traffic at railroad crossings causes an accident?

As a Virginia (VA) and North Carolina (NC) railroad accident attorney I know that personal injuries and even deaths do occur at public railroad crossings and many different federal regulations impact on the duties and responsibilities not only of a railroad crew, but respecting the warnings that must be provided by a railroad to cars or trucks that are crossing the railroad track. I hope with the increase in traffic Norfolk Southern also increases the number of safety precautions at railroad crossings.

Recently a man was found dead in Norfolk, Virginia (VA) next to a railroad crossing and the accident is still being investigated. The economic impact may be beneficial to the area but the danger at these crossings is real. Our firm has been proud to help families harmed by railroad companies' neglect and wrongdoing at grade crossings in Virginia and beyond.

CT

Hanover North Carolina (NC) Bicycle Accidents on the Rise

rappleton@hsinjurylaw.com (Blog Author)67172 — Thu, 20 Oct 2011 08:00:00 EST

Hanover, North Carolina (NC), home of the highest bicycle-motor vehicle crash rate of any county in North Carolina, from 2004 and 2008 has a yearly crash rate of 2.5 per 10,000 people. What's behind all these bike and automobile accidents? Surprisingly Wilmington, North Carolina (NC) police say it's the bicyclists that have been causing many of these accidents by disregarding traffic laws.

As a North Carolina (NC) personal injury lawyer I know that bicyclists must know and obey the traffic laws to avoid dangerous traffic situations. Bicyclists on public streets have the same responsibilities and rights as cars. They need to follow traffic signals and stop signs, ride in permitted sections of freeways, in the same direction as other traffic, and as near to the right curb of the roadway.

Along with following safety tips, educate yourself on what to do if an injury does happen. Our online library has many articles written by North Carolina personal injury attorneys on what to do when a bike accident takes place.

CT

SC Firefighters Responding to Car Crash Struck, Injured by Drunk Driver

blog@carolina.hsinjurylaw.com (Blog Author)67135 — Thu, 20 Oct 2011 08:00:00 EST

A Goose Creek, South Carolina (SC), woman has been charged with driving under the influence of alcohol after hitting and injuring two firefighters who were assisting with the response to an earlier accident in which a car wound up in a ditch alongside U.S. Highway 176/James Avenue. The Charleston Post & Courier is reporting that a fire captain suffered a broken foot and a firefighter sustained a fractured ankle when struck by the woman. Both the firemen were treated and released from the hospital within a few hours.

This crash highlights both the dangers drunk drivers pose to other people and the risks emergency responders face when they assist accident victims. South Carolina, like Virginia (VA) and North Carolina (NC), has a move over law that requires drivers approaching a crash scene, disabled vehicle or traffic stop to change lanes or slow down significantly to give police, firefighters, EMTs and tow truck operators time and space to work. When drivers do not obey the move over law, injuries and deaths for emergency responders too often result.

EJL

Burlington Car Wreck Leads to Two Injuries

rappleton@hsinjurylaw.com (Blog Author)67116 — Wed, 19 Oct 2011 08:00:00 EST

A serious car wreck occurred at the intersection of Mebane and Sixth streets in Burlington, North Carolina (NC). Two people suffered injuries after the driver a Ford Windstar van failed to stop at a stop light.

The driver and passenger of an Acura Integra suffered injuries and were taken to UNC Chapel Hill for treatment. The driver of the Integra is in critical, but stable condition, according to wxii12.com.

Before the police arrived at the scene of this Burlington wreck, the driver of the van became hostile and assaulted a witness. The van driver was arrested and charged with driving under the influence, resist, delay and obstruct an officer, failing to reduce speed, failing to stop at a stop Light and simple assault.

The victims of this accident should speak to an injury attorney in North Carolina to discuss their legal options. If they miss significant time from work, accrue a large amount of medical bills, and/or suffer a decrease in quality of life from their injuries, they would have grounds for a personal injury claim.

PA

Jogger Hit and Killed by SUV in Wilmington, NC

jlewis@hsinjurylaw.com (Blog Author)67087 — Wed, 19 Oct 2011 08:00:00 EST

When someone goes jogging, he or she expects to get some exercise, not to get hit by a car. Unfortunately, that happened to a man in Wilmington, North Carolina (NC). He was hit and killed by an SUV at the intersection of Gordon and North College roads by an SUV driver who reportedly ran a red light.

My colleagues and I sendour deepest sympathies to the victim's family. Losing a loved one is never easy, but the pain is even worse when the loss is sudden and occurred in an accident that could have been prevented.

We do not know what exactly caused the at-fault driver to run the red light. Was the person distracted in some way? Was there a mechanical issue? All we know at this time is that the at-fault driver was charged with misdemeanor death by motor vehicle.

The family of the victim should consult with a wrongful death attorney in North Carolina. When an injury or loss of life occurs because of another person's negligent or wanton conduct, most courts allow plaintiffs in a wrongful death civil lawsuit to pursue punitive damages. This is a form of compensation that is meant to send a signal to the community that the defendant's actions will not be tolerated.

PA

Bar That Served Drunk Driver Who Killed Bicyclist Settles Wrongful Death Suit With Victim's Family

hsinjurylaw@gmail.com (Blog Author)67025 — Wed, 19 Oct 2011 08:00:00 EST

The family of a teenager who was struck and killed by an off-duty police officer who was driving drunk has reached wrongful death settlements with the at-fault driver and the bar that served the man beer and tequila shots for hours before allowing him to drive away. According to the Hartford Courant, the family has accepted $250,000 from the driver and $170,000 from the bar.

The video posted below notes that criminal charges for vehicular manslaughter and obstruction of justice by the at-fault driver's police detective father who conducted the initial investigation into the fatal DWI/DUI accident are in progress. In light of revelations made during the criminal proceedings, the family of the deceased teen is considering filing additional civil claims for wrongful death and other losses against the City of Windsor Locks, Connecticut (CT), where the crash occurred.

Unmentioned in the newspaper article, but key to the family's wrongful death recovery, was the fact that the bar was held liable under Connecticut's dram shop law. A similar statute is on the books in North Carolina (NC). Stated simply, a dram shop law allows the victim of an intoxicated person's negligent and irresponsible actions -- for instance, physical assault, drunk driving or vandalism -- to hold the business that sold the alcohol liable for damages and losses.

Bars, restaurants and convenience or ABC stores do not have strict liability under North Carolina's dram shop law, but evidence that an employee of an alcohol vendor should have recognized that a person was drunk or underaged and refused service or sale or taken other measures to protect that person and other people can help a victim make a case against a business.

As an attorney who has helped several families receive wrongful death compensation from the people responsible for taking the lives of their loved ones, I know no amount of money can replace a brother, father, sister, mother or child. At the same time, I am glad to know that both the drunk driver and the bar responsible for the death of the Connecticut teen were made to pay for their fatal actions.

EJL

Too Old to Drive in North Carolina?

duffankm@hotmail.com (Blog Author)67060 — Wed, 19 Oct 2011 08:00:00 EST

On October 1, 2011, a woman died and two others were injured after a 95-year-old pickup truck driver from Virginia, age 95, struck them in a Smithfield, North Carolina (NC), Walmart parking lot. The age of the driver has concerned some lawmakers about the risks posed by very elderly drivers.

Already in North Carolina, anyone 70 years of age or older is usually required to renew their license in person at a DMV office. Also, when renewing a license, a senior driver has to take a vision test and may need to take a written knowledge test.

Driving is a symbol of independence. As people age, however, many factors can impair driving skills. The AARP offers these warnings signs for when it may be time for an elderly to stop or limit driving:

Almost crashing
Dents and scrapes on the car, fences, mailboxes, garage doors or curbs
Getting lost in familiar locations
Trouble seeing or following traffic signals, road signs or pavement markings
Responding slowly to unexpected situations
Trouble moving the foot from the gas to the brake pedal
Misjudging gaps in traffic at intersections
Difficulty concentrating while driving
Difficulty turning to check over the shoulder while backing up or changing lanes
Getting traffic tickets.

This North Carolina car wreck showed the damage that can occur when an elderly can no longer drive safely. To learn more about what to do when you or a loved one gets hurt in a car accident, check out our online library of articles devoted to the subject.

NC Couple Arrested for Causing Road Rage Death in Richmond, VA

duffankm@hotmail.com (Blog Author)66913 — Mon, 17 Oct 2011 08:00:00 EST

My colleague Emily Mapp Brannon has written a new blog post fr our firm's Virginia presonal injury attorneys' website about how North Carolina police have arrested a man and woman in Wake County, NC, for causing the death of a man in a road rage incident in Ricmond, VA.

DM

Two Carolina Fair Accident Injure 10 People

hsinjurylaw@gmail.com (Blog Author)66882 — Mon, 17 Oct 2011 08:00:00 EST

Ten people suffered injuries in separate accidents at the South Carolina (SC) State Fair and the Havelock Chili Festival in North Carolina (NC) during the second week of October 2011. Neither incident has been fully explained, but both of the accidents that caused injuries ranging from cuts and broken bones -- and possibly a fractured skull -- appear to have been preventable.

In Columbia, SC on October 12, a metal brace broke loose from a carnival ride called the Banzai and struck at least six people. The Post and Courier reported that one of the fairgoers who needed treatment for minor cuts was just 6 years old. One of the older victims suffered a bruised shoulder, and investigators from the state's Department of Labor, Licensing and Regulation are investigating why a ride that been inspected and deemed safe earlier in the year experienced such a serious mechanical failure.

Here's a video of the Banzai in action that makes it easy to imagine the force and speed at which the metal part flew in the state fair crowd:

Three days after the accident in South Carolina, four attendees at the 30th Annual Havelock Chili Festival in central eastern North Carolina had to be transported to the hospital after being struck by rocks, tents, tables, chairs and other flying debris kicked up by the rotors of a Marine on display from Marine Corps Air Station Cherry Point.

An eyewitness told WCTI -TV 12, "There was a lady that had a broken leg and she got hurt really really bad. There was one guy hit by a table on his face, and then a girl, [who] was around 15 or 16, and she hurt and bleeding too. And then, there was another girl, [who] was around 9 or 8, and they were right there on it and she was bleeding from her head."

Such accidents at carnivals, fairs and amusement parks are typically rare, but the incidents in South Carolina and North Carolina illustrate that dangers always exist when machines are set up for temporary use or operated in unusual locations. Fair and festival goers cannot usually anticipate risks to their safety, so the responsibility for ensuring that all rides, displays, walkways and other attractions are safely constructed, thoroughly inspected and properly maintained and operated falls to the companies that run the fairs, festivals and parks.

For this reason, I am currently helping a man who was playing with a band at an outdoor concert at the Virginia Beach, VA, Oceanfront when he was hurt by lighting equipment that crashed into him after it was blown over by a gust of wind. Similar to the tragedy at the 2011 Indiana State Fair that left several Sugarland concertgoers dead and dozens injured, the sponsor of the show in Virginia Beach did not call off the concert in the name of safety even though people had told him that a dangerous storm was approaching. The people in charge need to put safety ahead of profits in these entertainment industry cases to avoid accidents, insurance claims and lawsuits.

As a Carolina personal injury attorney, I am glad to know no one lost a life in the accidents at the NC and SC fests, and I extend my wishes for speedy recoveries for all the victims.

EJL

Tire Causes Chain Reaction Accident in Charlotte, NC

jlewis@hsinjurylaw.com (Blog Author)66947 — Mon, 17 Oct 2011 08:00:00 EST

My colleague Randy Appleton has written a new post for our firm's North Carolina Injuryboard blog site about how a tire that fell from the back of a pickup truck caused a chain-reaction accident on I-85 in Charlotte, NC, in which five people were injured.

DM

B.O.B Jogging Strollers Recalled After Infants Choke on Parts

blog@carolina.hsinjurylaw.com (Blog Author)66840 — Mon, 17 Oct 2011 08:00:00 EST

Baby and infant product maker B.O.B. joined with the U.S. Consumer Product Safety Commission on October 11, 2011, to issue the second major recall of the company's jogging strollers within 8 months. Both alerts to parents who own the single and double strollers came in the wake of reports that infants had swallowed and nearly asphyxiated on accessories that had come loose from the strollers. Thankfully, no deaths have been traced to either the dangerous drawstrings that caused the first recall or the brand name patches that led B.O.B. to again alert people about risks from using the strollers.

The affected products were sold in the United States and Canada, and more than 400,000 of the jogging strollers are believed to be in homes across North America. B.O.B. is advising parents to remove the drawstring from the stroller's canopy and to take off and throw away the patches. Concerned stroller owners can also contact B.O.B. by calling (855) 242-2245 or visiting www.bobnotices.com.

This video shows the CEO of B.O.B. demonstrating how to remove the hazardous drawstring from the recalled stroller:

Choking, strangulation and suffocation/asphyxiation risks have prompted recalls of millions of windows blinds with free-hanging drawstrings and thousands of sweatshirts sold through souvenir shops based in Virginia Beach, VA. Decades of reports of babies dying because they got trapped between crib mattresses and a crib wall led to an outright ban of drop-side cribs in 2010.

As a North Carolina personal injury attorney and mother, I'm pleased to see federal regulators and companies taking choking hazards to children seriously. I'd be happier if product that can injure and kill the most vulnerable members of our society never reached the market in the first place.

EJL

Fatal Motorcycle Accident Illustrates Responsibility Car Drivers Have for Protecting Bike Riders

blog@carolina.hsinjurylaw.com (Blog Author)66749 — Fri, 14 Oct 2011 08:00:00 EST

North Carolina (NC), like Virginia (VA) and every other state, offers a safe riders training program for motorcyclists. A fatal accident on October 12, 2011, just east of Kissimmee, Florida (FL), points, as too many crashes involving bikers do, to the likely need for a course for car drivers on how to share the road safely with people on motorcycles.

According to the Orlando Sentinel, 19-year-old Robert Louis White lost his life when he was hit from the side by the driver of Volkswagen Passat at the intersection of Boggy Creek Road at Borinquen Drive in Osceola County. Police did not immediately charge the at-fault driver with any moving violations or release details of the cause of the deadly collision, but the accident definitely points to a persistent problem of drivers failing to operate their cars and trucks in ways that keep motorcyclist safe.

View a larger map of the area in Florida where a Virginia Beach resident was killed in a motorcycle crash in Florida

As a North Carolina and Virginia personal injury attorney, I am contacted nearly every week by a motorcycle rider or the family of a motorcyclist who suffered serious injuries or got killed in a collision caused by a negligent driver. In fact, two of my firm's signature legal victories include securing a $1.5 million settlement for an NC couple who suffered severe injuries when a police officer in a marked cruiser hit their motorcycle head-on and a $50,000 insurance payment for a Navy man who was rear-ended at a Virginia Beach stop light by a driver who admitted he was not paying attention.

Motorcyclist rarely walk away from accidents with minor scrapes and bruises. Too often, a motorcyclist is killed after getting hit by a person who's only explanation -- "defense" would be a compliment the phrase doesn't deserve -- for causing the collision is "I didn't see them." The solution, then, is to constantly be on the lookout for people riding motorcycles.

Here are tips people behind the wheels of cars and trucks should follow when sharing roads and highways with motorcyclists:

Check your blind spots before backing out of driveways, making turns or changing lanes.
Look right, left, then right again before entering traffic or making a turn.
Leave as much distance between your vehicle and a motorcycle as you would if you were following a car or truck.
Give motorcyclists a full lane to themselves; never pass a motorcycle without fully changing lanes.
Check oncoming traffic before opening your car or truck door on the side where other vehicles are passing.

EJL

Drunk Driver Kills Whiteville, NC Woman

hsinjurylaw@gmail.com (Blog Author)66740 — Thu, 13 Oct 2011 08:00:00 EST

Sylvia Covington was enjoying a car ride with her husband, son and his girlfriend when her life came to a sudden, tragic end. A drunk driver slammed into the Covingtons' vehicle on Pine Log Road in Whiteville, North Carolina (NC).

Covington died at the scene of the wreck and her husband is listed in intensive care at New Hanover Regional Medical Center, according to wect.com. The Covington's son also suffered a fractured neck.

Our deepest sympahties go out to the Covington family. In the blink of an eye, members of this family had their lives shattered. It is so frustrating to read about these types of preventable car wrecks. If only the at-fault driver had exercised more responsibility and not gotten behind the wheel intoxicated, maybe this tragic accident could have been avoided.

The at-fault driver will be charged with DWI by police when he is released from the hospital. Members of the Covington family should consider speaking to a wrongful death attorney in North Carolina. When a defendant causes serious injury or death due to reckless or wanton conduct, courts usually allow a plaintiff to seek punitive damages. This is a form of additional compensation to the plaintiff that is meant to send a signal to the community that the defendant's behavior will not be tolerated.

PA

Actos Maker Takeda Facing lawsuit From Patient Diagnosed With Bladder Cancer

blog@carolina.hsinjurylaw.com (Blog Author)66529 — Wed, 12 Oct 2011 08:00:00 EST

A man is alleging he developed bladder cancer after taking Takeda's Actos (pioglitazoe)medication to treat his type 2 diabetes, according to The Madison/St. Clair Record. He has named the Japanese durmaker and its U.S. partner Eli Lilly in the dangerous drugs lawsuit entered into on September 16, 2011. The man claims he took Actos for more than over 12 months beginning in 2007 and received his cancer diagnosis in 2008.

When the man started taking the medication, he was not made aware the drug could increase the risk of developing bladder cancer. This failure to warn is material because Takeda and Lilly appear to have known of the potentially fatal side effect as early as 2005 and did not publish the results of studies indicating the problem.

In June 2011, the U.S. Food and Drug Administration required the increased cancer risk be added to the warnings section of Actos' labeling, and Takeda has recalled the drug in France.

The man stopped using Actos in 2011. His lawsuit states that because of his use of the drug and his subsequent illness, he experienced extreme pain, and incurred medical costs. His wife alleged she lost his companionship and services.

Takeda and Lilly are accused of negligent failure to warn, negligent design defect, breach of implied warranty, negligence, violation of consumer protection laws, breach of express warranty, negligent misrepresentation, and loss of consortium.

It is sad to learn of a drug's adverse effects. This firm holds drug manufacturers accountable for dangerous drugs. Contact Shapiro, Lewis & Appleton if you or a loved one suffers injuries from Actos. The firm keeps its cases internally to provide its clients with the convenience and advantages of being represented by a firm that serves VA and NC communities.

Charges Brought Against 95-Year-Old man Over Smithfield, NC Pedestrian Accident Death

duffankm@hotmail.com (Blog Author)66551 — Wed, 12 Oct 2011 08:00:00 EST

A 95-year-old man from Newport News, Virginia (VA), is facing charges of misdemeanor death by vehicle after he hit and killed a 73-year-old woman in a Walmart parking lot in Smithfiled, North Carolina (NC). Two other people also suffered injuries when struck by the man's pickup truck.The tragic accident occurred on October 1, 2011, near the entrance of the store on Brightleaf Blvd., ABC news reported.

The man told investigators he mistakenly hit the accelerator instead of the brake. The victims have been identified as Lois Shannon, 73, Debra Holmes, 53, and Jeanna Holley, 35, all of Smithfield.

As experienced Virginia, North Carolina accident injury attorneys, my colleagues and I see many cases of small mistakes that lead to tragic consequences. It may be an improper lane change such as the one that led to the death of Marcia Wickline, 61 of Mount Airy, NC. Or perhaps a split-second error can be caused by distracted driving, such as the case in Suffolk, VA last year when a distracted driver was traveling westbound on Holland Road when she became distracted by the radio and ran off the road to the left.

If a small mistake leads to a death there can be a case for a wrongful death lawsuit.

The Walmart tragedy also raises questions about elderly drivers. In 2009 we reported on a case in Raleigh, NC, when an 83-year-old woman driving an SUV killed a 6-year-old girl as she got off a school bus. That accident reignited an ongoing debate about the safety of senior and elderly drivers in North Carolina. Rep. William McGee, a Forsyth County Republican, said the accident would not have taken place if the state shortened license renewal terms for those over 75 and mandated road tests for elderly drivers.

DM

Family of Blind Pedestrian Killed by Taxi in Gastonia, NC Wins $1.5M Wrongful Death Verdict

hsinjurylaw@gmail.com (Blog Author)66509 — Wed, 12 Oct 2011 08:00:00 EST

The family of James Lafayette Taylor Jr. has won a $1.5 million wrongful death jury verdict against a taxi cab driver and the cab company that employed the man. The award comes after a civil trial in Gaston County, North (NC), stemming from a June 15, 2007 pedestrian accident in which the cabbie struck and killed Taylor as he walked down South Marietta Street in Gastonia at 5 am.

View a larger map of the location where a taxi driver struck and killed a blind pedestrian in Gastonia, NC

The Charlotte Observer is reporting that the defendants tried to avoid liability for causing Taylor's death by claiming that the blind man was walking in the center of the street and wearing dark clothes at a time of the morning when the sun had not yet risen. The plaintiff's attorneys succeeded in convincing jurors that the crash victim was not negligent, in part because he was carrying and using his white cane when the collision occurred.

It also came out at trial that the cab driver has no vision in one eye, limited sight in his other eye and a club foot that can make operating gas and brake pedals difficult. In short, the lawyers representing Taylor's estate made a strong case that the cabbie's own physical limitations would have made it difficult to see any pedestrian and to respond quickly to avoid a tragic accident.

As a North Carolina wrongful death attorney myself, I offer my congratulations and gratitude to the lawyer who helped the Taylor family receive compensation for their loss.

EJL

France Suspended Prescribing Actos

hsinjurylaw@gmail.com (Blog Author)66590 — Wed, 12 Oct 2011 08:00:00 EST

On June 13, 2011, Takeda, the maker of diabetes drugs Actos (pioglitazone) and Competact (pioglitazone and metformin) announce the French regulatory authorities informed it that they intended to suspend the use of the medications in the country. The move would mean doctors could no longer prescribe the drug products to new patients.

The ban on pioglitazone-containing medications was based on a study that showed an increased risk of bladder cancer in patients treated with pioglitazone for longer than a year. A pan-European review of pioglitazone safety began in March 2011.

In the United States, Takeda is funding a 10-year epidemiological study that began in 2002.

Our law firm holds drug manufacturers accountable for drugs' adverse effects, and strives to keep residents of North Carolina and Virginia updated when it hears of allegedly defective drugs. Contact Shapiro, Lewis & Appleton if you or a loved one suffers injuries from Actos.

LC

Charlotte Teenager Killed by Drunk Driver in Accident

blog@carolina.hsinjurylaw.com (Blog Author)66452 — Tue, 11 Oct 2011 08:00:00 EST

Learning a loved one has lost his life in a car accident is always terrible, but the situation is made even worse when the victim is young and had his whole life ahead of him.

Take, for example, the car wreck that occurred on Back Creek Church Road in Charlotte, North Carolina (NC). Reports indicate an intoxicated driver crossed the center line, over-corrected, spun out of control and slammed into a tree. As a result, a teenager from Harrisburg was killed. He was only 19 years old. My deepest sympathies go out to the teenager's family. As a mother, I don't know what I would do if I lost my child in an unexpected, but preventable, accident. It is a pain I wish no parent had to endure, but one which far too many suffer on a daily basis.

The at-fault driver is facing charges of driving while intoxicated and felony death by motor vehicle, according to wbtv.com. I get so frustrated reading about these types of car crashes. Innocent lives are being lost every day due to irresponsible, reckless drivers.

The family should consult with a wrongful death attorney in North Carolina. In NC, and many other states, punitive damages can be pursued when the injury or loss of life was caused by a defendant's reckless and wanton conduct.

PA

Alexander County Car Wreck Leads to Injuries, Loss of Life

rappleton@hsinjurylaw.com (Blog Author)66453 — Tue, 11 Oct 2011 08:00:00 EST

Two people lost their lives and two people were seriously injured in a car crash on Millersville Road in Alexander County, North Carolina (NC). The driver of a Subaru staton wagon reportedly crossed into the opposite lane of traffic and hit an SUV. The wreck was so bad that firefighters had to cut the roof off the station wagon to get the driver out, according to wsoctv.com.

NC state troopers are still trying to find out what caused the at-fault driver to cross into oncoming traffic. Was he distracted in some way? Was there a mechanical issue? We will have to wait and see what the police investigation reveals.

My heart goes out to the innocent victims in this accident. It is an example of how devastating a head-on car crash can be.

If it turns out the driver was negligent or reckless in causing this wreck, the victims, or family represenatives of those who were killed in the crash, should consult with a North Carolina injury attorney. Compensation can be pursued that will help cover medical expenses, lost wages, and the pain and suffering associated with this tragic accident.

To learn more, read this free consumer report focused on North Carolina car accidents written by NC injury lawyers.

PA

Husband and Wife in North Carolina Killed by Drowsy Driver

hsinjurylaw@gmail.com (Blog Author)66502 — Tue, 11 Oct 2011 08:00:00 EST

If you feel exhausted and can barely keep your eyes open, do not attempt to drive. Get some rest before getting behind the wheel of a car or truck. Unfortunately, many people do not heed this simple advice.

For example, a fatal accident in Taylorsville, North Carolina (NC) was caused by a driver who fell asleep while driving. The at-fault driver was heading east on Millersville Road when he fell asleep, crossed the center line and slammed head-on into a Toyota 4Runner that was going west. NC Highway Patrol stated that both cars were going at the posted speed limit of 55 mph, according to the Hickory Daily Record.

Aipin C. See and his wife, Na Bou, were killed in this wreck. Both were wearing seat belts at the time of the crash. Our deepest sympathies go out to the victim's family. The sudden loss of a loved one is one of the most difficult experiences anyone has to suffer through, but the experience is made even worse when it is clear that the tragic accident could have been prevented.

If only the at-fault driver had stopped for a cup of coffee or can of Red Bull, maybe this terrible NC car accident could have been avoided. Falling asleep while driving is grounds for negligence and the relatives of the victims should consult with a wrongful death attorney in NC to discuss their legal options.

To learn more about the dangers of driving while exhausted or drowsy, read this article written by an experienced NC personal injury lawyer.

PA

How Old Is Too Old to Drive?

rappleton@hsinjurylaw.com (Blog Author)66348 — Sun, 09 Oct 2011 08:00:00 EST

In his latest post to our firm's North Carolina Injuryboard blog site, my colleague John C. tackles the thorny issue of issuing driver's licenses to senior citizens. The question has come into new focus after a 95-year-old man killed one woman and injured two others when he lost control of his pickup truck in a Smithfield, North Carolina (NC), Walmart parking lot. To read more, click over to "Tragic Walmart Parking Lot Accident Brings Focus on Senior Drivers in North Carolina."

EJL

North Carolina Hospital Hit With $25 Million Verdict in Abuse Case

blog@carolina.hsinjurylaw.com (Blog Author)66168 — Wed, 05 Oct 2011 08:00:00 EST

My colleague Jim Lewis has written a new post for our law firm's the medical malpractice blog site about a jury award in North Carolina (NC). The $25 million verdict was against the Cape Fear Valley Health System for failing to recognize that a boy admitted to the hospital was the victim of child abuse.

DM

Smithfield, NC Accident Causes One Death, Two Injuries

blog@carolina.hsinjurylaw.com (Blog Author)66020 — Tue, 04 Oct 2011 08:00:00 EST

When you walk in a parking lot, you probably don't expect to suffer a serious injury or lose your life in a wreck. Unfortunately, that is exactly what occurred in a Walmart parking lot in Smithfield, North Carolina (NC). Three women were hit by a pickup truck. One of the victims was killed, and two were injured, according to WRAL.com.

Our deepest sympathies go out to the victims, especially to the family of the victim who was killed. Losing a loved one is of the most difficult experiences any person has to struggle with, but the pain is made even worse when the loved one is taken from you in a sudden, preventable accident.

No charges have been filed against the at-fault driver at this point, but that may change when the accident investigation is complete. Investigators are trying to determine if the at-fault driver was negligent or if there was an equipment problem with his truck.

Marianne Rapp, a witness to this tragic NC accident, told reporters, "When there are throngs of people coming out of Walmart, you have to be very cognizant of what's going on around you or you're going to hit somebody," according to the WRAL news report.

PA

Truck Accident in North Carolina Illustrates the Dangers of Drowsy Driving

blog@carolina.hsinjurylaw.com (Blog Author)65950 — Mon, 03 Oct 2011 08:00:00 EST

My colleague Kevin Duffan has written a post for our firm's North Carolina Injuryboard blog site about a dump truck driver from Kinston, NC, who ran off the road and into a ditch. The crash again illustrates the dangers of drowsy driving that face truck drivers.

See this video about the dangers of drowsy driving.

DM

North Carolina Adopts New Law on Killing of Unborn Children

rappleton@hsinjurylaw.com (Blog Author)65953 — Mon, 03 Oct 2011 08:00:00 EST

My colleague John C. has written a new article for our firm's North Carolina Injuryboard site about a change in that state's wrongful death laws in the wake of the killing of a young mother and her unborn child. North Carolina has now become one of 36 U.S. states that classifies the unlawful killing of an unborn child as a homicide.

DM

Car Carrying Pregnant Woman Involved in Newton, NC Accident

blog@carolina.hsinjurylaw.com (Blog Author)65776 — Fri, 30 Sep 2011 08:00:00 EST

Getting into a serious accident is bad, but that situation is made even worse if you are pregnant. A 22-year-old woman in Newton, North Carolina (NC), understands this since she was a victim in a serious wreck that occurred on Highway 321 north of Highway 10.

Reports indicate a Volkswagen Passat swerved into oncoming traffic and hit a Jeep that was carrying the pregnant woman. It turns out the at-fault Passat driver was drinking and driving. Police have charged the at-fault driver with drunk driving and felony death by motor vehicle, according to wbtv.com. The pregnant woman is reportedly in fair condition, but that does not tell us much of anything and information has not been made available as to the condition of the child.
I have to admit - I was livid while reading about this awful accident. I was involved in a car accident while pregnant, and it was one of the worst experiences of my life. The only thought on my mind after the wreck was the health of my baby. It was traumatic and an experience I wish on no one.

The pregnant woman involved in the NC accident is probably experiencing the same worries and fears about the health of her child. She should consult with a car accident injury attorney in North Carolina to discuss her legal options. When an at-fault driver causes an accident through reckless and wanton conduct, a victim may pursue punitive damages. This is a form of compensation in addition to compensation for lost wages, medical expenses, and the pain and suffering associated with the accident.

To learn more, take a look at this article focusing on a what to do if involved in an accident while pregnant.

PA

Accident on US Highway 258 Causes Serious Injuries

duffankm@hotmail.com (Blog Author)65764 — Thu, 29 Sep 2011 08:00:00 EST

A woman from Kinston, North Carolina (NC), was driving her Ford sedan down U.S. 258 North around 8 pm when she rear-ended a Bobcat bulldozer on Hullwood Drive that was being operated by an out-of-town tree-cutter. Sounds like a clear-cut case of liability on the woman, right? Well, not so fast.

The bulldozer did not have its lights on or reflectors to illuminate it for oncoming traffic, according to enctoday.com. Both drivers suffered serious injuries, and the driver of the Ford was transported by EastCare helicopter to Pitt County Memorial Hospital.

The issue of which driver to charge remains unanswered by North Carolina police, but it is likely the bulldozer operator will face charges for failing to have their lights on. If the Kinston woman is forced to miss a significant amount of time from work due to her injury and racks up a large quantity of medical bills, she should consult with a car accident injury lawyer in North Carolina to discuss her legal options.

A bulldozer operator is classified as a heavy equipment operator, which may subject the tree-cutter to more regulations and safety requirements than the average driver of a car or SUV.

PA

North Carolina Head-On Car Crash Leads to Four Deaths

blog@carolina.hsinjurylaw.com (Blog Author)65089 — Tue, 20 Sep 2011 08:00:00 EST

A head-on car wreck outside the town of Brevard in Henderson County, North Carolina (NC), led to the death of four people. Reports cited in story on therepublic.com indicate a Nissan Sentra headed west on NC Highway 280 suddenly veered into the path of a Dodge Neon headed in the opposite direction. The occupants of the Sentra and the driver of the Neon lost their lives.

Our deepest condolences go out to the innocent victims of this terrible car crash. The victims' families are probably experiencing a mixture of emotions, ranging from gut-wrenching pain at the loss of their loved one to outrage over what appears to have been a preventable accident.

North Carolina state troopers are still investigating the fatal Highway 280 wreck, and the most pressing question is what exactly caused the Sentra driver to suddenly veer into the other lane. Was the driver distracted in some way? Was there a mechanical issue? The car crash occurred in the early morning, so the wreck may have been cuased by driver fatigue. We will have to wait and see what the accident report reveals, however, before determining the reason for the crash.

PA

One Person Hospitalized Following North Carolina Car Accident

blog@carolina.hsinjurylaw.com (Blog Author)65113 — Tue, 20 Sep 2011 08:00:00 EST

One person was taken to the hospital after a car crash in early September 2011 on a Saturday morning. It happened about 2 am at North Davidson and 28th Street in the NoDa neighborhood in Charlotte, NC. According to wbtv.com, police said alcohol was a factor in the crash. Luckily, no one died in the accident.

This North Carolina car crash illustrates the damage that can occur in a car accident. As North Carolina personal injury attorneys, my colleagues and I have seen many car accidents occur in busy roads. Everyone’s life is put at risk when drivers take the wheel while intoxicated.

The firm's lawyers have assisted numerous victims in car accident cases involving drunk drivers. In one case, we settled in Fairfax County, Virgini (VA), four friends were driving when they were suddenly and violently smashed in the rear. When the police came to the scene, they detected a strong odor of alcohol coming off the woman driver who rear-ended our clients’ car. After field sobriety tests were given, the at-fault driver was charged with second-offense drunk driving/DUI. In our settlement negotiations, we advised the insurance adjuster with confidence a jury would be eager to punish the driver responsible for causing this accident, and reminded the insurer punitive damages could be awarded by the jury.

To learn more about what to do when you or a loved one gets hurt in a car accident, check out our online library of articles devoted to the subject.

LC

Moped Operator Killed by Tractor-Trailer in I-95 Accident

hsinjurylaw@gmail.com (Blog Author)65023 — Tue, 20 Sep 2011 08:00:00 EST

An accident involving a large tractor-trailer usually results in the other vehicle taking the the brunt of the damage. This is especially true when the other vehicle is a moped. Unfortunately, we saw just how awful this type of accident is when a moped operator was killed on I-95 in Lumberton, North Carolina (NC).

This tragic crash occurred at around 5 am, when a moped being operated by Roxanee Jones was rear-ended by a tandem tractor-trailer. The accident was so severe that it ruptured the tractor-trailer's fuel tanks and caused a fire, according to the FayObserver.com. The at-fault truck driver did not suffer any injuries in the accident.

Our deepest sympathies go out to Jones' family. Losing someone you love is a heartbreaking event and it is especially difficult when the loss occurred in a sudden, unexpected accident.

No charges have been filed yet against the at-fault big rig operator, but an investigation is being conducted as to what caused this fatal NC crash. Was the at-fault driver distracted? Were they fatigued? We will have to wait and see what the investigation reveals.

If the at-fault driver was operating a commercial tractor-trailer, they are required to comply with federal trucking regulations. To learn more, check out this page of information about commercial trucking accident law.

PA

Raleigh, NC Pedestrian Killed by Car

blog@carolina.hsinjurylaw.com (Blog Author)64951 — Mon, 19 Sep 2011 08:00:00 EST

A fatal traffic accident along New Bern Avenue in Raleigh, North Carolina (NC), killed a 39-year-old man and two dogs around midnight in September 2011. According to NBC17, the accident happened near Neuse River Bridge, close to the Raleigh/Knightdale line. The at-faut driver was allegedly intoxicated when he hit the dog walker. Yet, the 23-year-old driver hadn't consumed enough alcohol to charge him with impairment for the accident.

This North Carolina pedestrian accident illustrated the damage that can occur in a car crash. The pedestrian was at the wrong place at the wrong time, and the unexpected can put someone's life at risk when people drive while intoxicated.

As North Carolina personal injury attorneys, my colleagues and I have assisted the victims of many car accidents. In 2007 we helped two pedestrians struck by a car recover $540,000. Our clients suffered fractures of the right tibia and fibula.

To learn more about what to do when you or a loved one gets hurt in a car accident, check out our online library of article resources devoted to this subject.

LC

North Carolina (NC) School Bus Accident Raises Driver Safety Questions

jlewis@hsinjurylaw.com (Blog Author)64953 — Mon, 19 Sep 2011 08:00:00 EST

Anytime you are a passenger in a vehicle, the responsibility for your safety rests with the driver. As adults, we can choose who we get into vehicles with. Children, however, have no such ability, and when we put our children on the school bus, we expect them to be safe. This is not always the case, as was made apparent in a recent Salisbury, North Carolina (NC), school bus accident.

The school bus driver was cited for causing the accident. Thankfully, none of the children suffered serious injuries, but the accident raises the question of how well trained school bus drivers are.

In an effort to end child injuries across the board and put an end to bus and school-related accidents, ask your child's principal the following questions:

Are school bus drivers trained, regulated and monitored?
Is playground equipment checked each and every school year?
Do all classrooms have safety rules in place?
Are students trained on emergency procedures?
Are all classrooms secured?

As North Carolina personal injury attorneys, my colleagues and I know that if your child is a passenger injured in a car or school bus accident, you don't have to sue the driver. You can instead file a claim against the driver's insurance. Child injury lawsuits are a little different than adult injury cases, and we recommend that anyone interested in finding more information about child injuries read our free consumer guide Child Injury Guide: What To Do If Child Gets Hurt in an Accident.

NC Pedestrian Killed in north Charlotte Car Crash

hsinjurylaw@gmail.com (Blog Author)64906 — Sun, 18 Sep 2011 08:00:00 EST

A 29-year-old drunk driver struck and killed a female pedestrian in Charlotte, North Carolina (NC) during July 2011. According to wbtv.com, the accident happened right before 11 pm as the victim crossed North Tryon Street near Guy E. Suddreth Avenue. The Charlotte-Mecklenburg Police Department said the woman who lost her life was 55 and died from injuries she sustained in the collision despite being taken to the hospital.

Police further said the at-fault originally left the scene of the accident before soon returning. A field sobriety test indicated the driver was impaired. The driver was subsequently arrested and charged with involuntary manslaughter, driving while impaired, possession of marijuana and possession of drug paraphernalia.

This pedestrian fatality illustrates the damage that can occur in a car accident. When people drive while intoxicated, someone’s life can unexpectedly end forever.

As North Carolina personal injury attorneys, my colleagues and I have helped victims of many pedestrian accidents. In 2008, for example, the firm assisted a pedestrian hit by a car at a crosswalk settle a case for $100,000. Our client had suffered a serious leg injury.

To learn more about what to do when you or a loved one gets hurt in a car accident, check out our online library of articles devoted to the subject.

Man Driving Drunk Hits Several Cars and Injures Two in Wilmington, NC

blog@carolina.hsinjurylaw.com (Blog Author)64827 — Fri, 16 Sep 2011 08:00:00 EST

A car accident in New Hanover County,North Carolina (NC), has sent three people to the hospital. According to WECT.com, the crash happened on 17th Street in downtown Wilmington, where an eyewitness said the driver from Castle Hayne rear-ended one vehicle and push it nto other parked cars. One of those vehicles rolled over onto the lawn of a home.

Witnesses also stated that the driver sped away before causing another wreck. Altogether, six cars were involved in the two crashes. Two people were transported to the hospital for the treatment of injuries.

The at-fault driver was booked by the Wilmington Police Department on charges of driving while intoxicated (DWI), reckless driving, driving with a rvoked license, hit and run, and failre to wear a seat belt.

Crashes like this in North Carolina or anywhere else illustrate the damage that can occur when someone drinks and drives. All 50 states and the District of Columbia have laws making it a crime to drive with a blood alcohol concentration at or above .08. Driving while intoxicated slows reaction time and impairs coordination.

As North Carolina personal injury attorneys, my colleagues and I have handled many car accident cases. Following one rear-end collsion, the firm assisted our client in receiving a settlement for $600,000.
To learn more about what to do when you or a loved one gets hurt in a car accident that results in death or serious injuries, check out our library of online articles that address these issues.

LC

Injuries, Chemical Spill Result From Reckless Driving in Craven County, NC

blog@carolina.hsinjurylaw.com (Blog Author)64848 — Fri, 16 Sep 2011 08:00:00 EST

A three-vehicle wreck at the foot of Neuse River Bridge in Craven County, North Carolina (NC), injured at least one driver and caused potassium chloride and diesel to spill onto the roadway. The accident, according to a NC Highway Patrol Trooper, happened when the driver of a small passenger car pulled into the path of, and hit, a F-150 pickup truck. This caused the car's driver, who is from New Bern to lose control and crash into a fertilizer truck.

The driver of the small passenger car was charged with careless and reckless driving.

This crash illustrates the damage that can occur in a car or truck accident. Someone's life is at risk when people do not pay attention to their driving. North Carolina ranks in the top 10 for truck crashes. Always drive defensively.

As personal injury attorneys practicing in North Carolina and Virginia (VA), my colleagues and I have handled many car and truck accidents that occurred on busy highways and streets. To cite just one example, in Brunswick County Circuit Court in Virginia during February 2007, one of our attorneys, John C., settled a case involving two big rigs colliding. Our client, who ad been driving a big rig with double trailers, clipped the left rear corner of a stopped vehicle when a third truck passed him in the left-hand lane. A huge fireball exploded, and our client ejected from his rig. Our client suffered broken bones and had serious gastroentrological and urological issues stemming from the crash. He could not return to his old job as a truck driver. At mediation, the case settled for $450,000 paid by the parked truck's insurance, plus additional monies and concessions from the client's workers' compensation insurer.

LC

Parking Lot Crash Injures Pedestrian in North Carolina

blog@carolina.hsinjurylaw.com (Blog Author)64768 — Thu, 15 Sep 2011 08:00:00 EST

A pedestrian was seriously injured in early September 2011 when the driver of a Buick Century attempted to back into a handicapped parking space at the Durham County Main Library. According to the Herald Sun, the victim was dragged 30 feet and found bleeding on the pavement by firefighters who had him taken to Duke University Hospital for treatment.

This North Carolina car crash illustrated the damage that can occur when a pedestrian is in the wrong place at the wrong time. An unexpected event can put someone's life at risk. Certainly, as North Carolina personal injury attorneys, my colleagues and I have seen many car accidents occur in busy parking areas.

To learn more about what to do when you or a loved one gets hurt in a car accident that results in death or serious injuries, check out our online library of articles devoted to the subject.

LC

Wrongful Death Lawsuit Filed Following Anesthesia Error

jlewis@hsinjurylaw.com (Blog Author)64769 — Thu, 15 Sep 2011 08:00:00 EST

In his latest post to our law firm's VA-NC Medical Surgery Malpractice Blog, my colleague John C. reports that the family of a woman who died due to complications from anesthesia she received while undergoing Lap-Band implantation surgery has filed a wrongful death lawsuit. Named as defendants in the California (CA) case are the surgeon, anesthesiologist and advertising company 1-800-GET-THIN, which steered the woman to the outpatient clinic where the fatal surgical error occurred. To read more, click over to "Anesthesiologist, Weight Loss Surgery Ad Company Sued After Death of Lap-Band Patient."

EJL

Work-Related Injuries, Illnesses for Astronauts Echo Those for Railroad Workers

hsinjurylaw@gmail.com (Blog Author)64758 — Thu, 15 Sep 2011 08:00:00 EST

Like a majority of Americans, I was saddened when the last-ever mission of the U.S. space shuttle program ended as the Atlantis touched down in Florida (FL) on July 21, 2011. More recently, I was surprised to learn that our country has not only lost its means for traveling into space for at least 6 years, but that America's astronaut corps is also in critical danger of, if not extinction, at least being unable to undertake missions deemed critical to the country's scientific understanding.

According to the National Academy of Sciences, NASA's 61-person astronaut corps is rapidly aging and dealing with an array of chronic and sometimes inexplicable health problems. The combination leaves many of the highly specialized men and women unavailable for current deployments to the International Space Station and likely to retire before the United States fully reenters the space exploration arena in 2017 or later.

"Thirteen astronauts have become medically ineligible for long-duration missions after being assigned to a mission but before they could actually fly," the NAS wrote in a press release highlighting findings from a 2011 report titled The Role and Training of NASA Astronauts in the Post-Shuttle Era. "Also, due to a variety of medical conditions including vision problems, bone loss, physical injuries, or radiation exposure, not all astronauts returning from long-duration missions will requalify for ISS missions."

Newspaper articles clarified that the vision problems for astronauts had no known cause but made it difficult for the affected men and women to focus and left them with hard-to-relieve headaches. The Denver Post also noted that "bulky suits have forced five crew members in the past 18 months to undergo shoulder surgery and led to 26 injuries to the elbow or shoulder that have required rehabilitation."

More than distress, though, I felt a slow-dawning sense of recognition as I read about the work-related injuries and illnesses astronauts have been experiencing. It became obvious to me as a Virginia and Carolina FELA attorney that the health risks and outcomes for astronauts are quite similar to those for railroad workers.

Like astronauts, rail employees are often exposed to unhealthy doses of radiation. Railroaders, again like astronauts, have high risks for suffering shoulder and arm injuries on the job. Those risks have only increased as the use of remote control vests has grown in rail yards across the nation. Even vision problems afflict railroad workers who regularly encounter particles and fumes that can damage and irritate their eyes.

There are, of course, thousands of times more rail employees than the 61 people currently constituting the U.S. astronaut corps. But railroaders' numbers cannot be used as an excuse by rail corporations for taking employees' health and well-being any less seriously than NASA must take the health of astronauts.

EJL

Teen Riding on Roof of a Car Sustains Serious Head Injury

hsinjurylaw@gmail.com (Blog Author)64684 — Wed, 14 Sep 2011 08:00:00 EST

Few games are more dangerous than "car surfing," or riding on the outside of a moving car, SUV or pickup truck. The craze is growing in popularity, but, sadly, car surfing nearly led to the death of a teenager in Gastonia, North Carolina (NC), who sustained a serious head injury on September 12, 2011.

North Carolina Highway Patrol reported that two students were hanging onto the roof rack of a Nissan pickup truck driven by a 17-year-old when the injury accident occurred at Forestview High School on Union Road. WBTV.com reported that witnesses saw the driver reaching speeds of 20 to 30 mph in the school's parking lot.

Patrick Newcombe suffered a skull fracture and concussion. He was said to be drifting in and out of consciousness but is likely to recover from the accident. The student may have been lucky, but the experienced North Carolina (NC) traumatic brain injury attorneys wth our law firm have reported at length on the serious long-term effects of a concussion.

Also, car surfing has claimed lives. In February one of my colleagues noted that a teen killed in a fiery wreck in Florida (FL) may have been standing on the running board of an SUV. Such accdents prompted Florida lawmakers to make car surfing a criminal offense.

See this video about the dangers of car surfing.

Teens are in the highest risk group for distracted driving, be it talking on cell phones or texting. When teens are involved in a wide range of irresponsible and distracted driving activities, those hurt -- be they passengers in the car or other drivers on the road -- could have a legitimate claim for compensation if they are injured.

DM

I-85 Accident Leaves Pickup Truck Driver Dead

hsinjurylaw@gmail.com (Blog Author)64721 — Wed, 14 Sep 2011 08:00:00 EST

Early on September 14, 2011, a Shelby, North Carolina (NC), man died after his pickup truck ran off I-85 in Cherokee County and struck cable barriers. According to GoUpdate.com. the truck hit a fence and several trees before reentering the roadway, crossing two lanes of traffic and running onto the median and into the barriers.

The man succumbed to head injuries he suffered in the crash, but an autopsy will help determine what caused the wreck.

This North Carolina truck crash illustrated the damage that can occur in a truck accident. Luckily, no other cars got hit at the time of the truck crash. According to one of our prior discussions, North Carolina ranks in the top 10 for truck crashes. Everyone's life becomes at risk when drivers do not pay attention on the road.

As Carolina personal injury attorneys, we have seen many truck accidents occur in busy roads. Always drive defensively. To learn more about what to do when you or a loved one gets hurt in a truck accident that results in death or serious injuries, check out our Library resources devoted to the subject.

LC

Piece of Metal Flying From Dump Truck Caused Death of North Carolina Woman

blog@carolina.hsinjurylaw.com (Blog Author)64446 — Mon, 12 Sep 2011 08:00:00 EST

It looks just like any other nondescript piece of metal, but a leaf spring from the undercarriage of a dump truck was the likely cause of a crash that killed a young teacher from Dallas, North Carolina (NC). State police said a team investigating the accident that killed Christina Whelan found a section of a broken leaf spring from a passing dump truck went through the teacher's windshield on I-85 near Charlotte and caused her to lose control of her vehicle, the Beaver County Times reported.

As an experienced North Carolina trucking injury accident attorney who has reported on wrecks caused by debris falling from trucks, my thoughts are with the Whelan family.

While these kinds of freak accidents may seem rare, my colleagues and I have noted several similar instances. For instance, a woman narrowly avoided death when a plank from a truck smashed through the windshield of her car in Shelby, NC.

See the video taken by the driver

Recently, a piece of debris was left on I-40 in Davie County, NC, with fatal consequences. In this case the object was a small metal disc. With vehicles traveling 70 miles per hour and more, even a small object can be deadly. The disc was projected into the windshield of a passing SUV, struck the driver on the head and killed him.

These kinds of accidents can lead to lawsuits if highway debris ends up on the roads due to an improperly loaded tractor-trailer or pickup truck. In many cases the driver has failed to tie his cargo down properly or secure it correctly. As many as 90 deaths and 25,000 vehicle accidents a year are caused by debris on the road or by debris falling off of vehicles.

If a leaf spring falls off a dump truck this points to a poorly maintained vehicle, another possible cause of a wrongful death lawsuit. Our law firm's Carolina and Virginia (VA) truck accident injury attorneys have noted that poorly maintained vehicles are one of the top five causes of accidents involving trucks.

See our FAQ about the legal implications of loads falling off dump trucks.

$1.51 Million Railroad Injury Verdict Awarded in New Orleans

blog@carolina.hsinjurylaw.com (Blog Author)64409 — Sun, 11 Sep 2011 08:00:00 EST

A young railroad worker with a lot to live for was permanently injured in a terrible work related injury in New Orleans (LA). The client was a 33-year-old bridge repair worker who had been earning about $40,000 a year before a 1,600 pound timber smashed and partly crushed his lower leg on the bridge. The orthopedic surgeon placed a permanently implanted rod through his lower leg attached by screws at the top and bottom and he embarked on a long course of physical therapy which actually totaled over 100 sessions over the next nine months. His doctor gave him restrictions that essentially disqualified him from his job.

He then made a very smart decision and hired our law firm's experienced Virginia (VA) railroad worker Injury and FELA attorney Richard N. Shapiro. This injury was so devastating that it not only limited him physically but also affected his future job opportunities. He went from earning $40,000 a year to earning merely the minimum wage while working for a used car operation and is now left with a permanent limp and a cane.

So far two failed mediations had already taken place in the railroad injury case. The highest offer the defense had offered was less than $400,000 so our team proceeded to trial. In a twist of fate, 25 days before the trial was to begin, the railroad and its contractor that had been swinging the bridge timber both admitted liability.

We moved in limine (a motion made before or during a trial requesting that the judge rule that certain evidence may, or may not, be introduced to the jury in a trial) to be able to discuss exactly when liability was admitted and to be able to discuss some circumstances of how the accident happened despite defendants objections. We obtained an order giving us the right to discuss the denial in the answer and the date of admission of liability.

The defense attorney attacked everything including; gaps in care, treatment. They even went as far as to say that the permanent rod in his leg amounted to nothing more than "just a broken leg" To prove their point they attacked the client because he was able to take a vacation once a year with his wife.

A key moment during the trial was when Richard Shapiro, asked the client if he felt guilty about taking that very same vacation to visit his wife's family that the defense had grilled him over. Rick's sarcasm was duly noted by the jury and they seemed to nod in agreement.

The moment of truth finally came when the registered nurse held the verdict form and announced a $1.516 million verdict that delivered a story book ending to this railroad injury case in favor of our client.

CT

Back and Neck Injuries Common Among Railroad Workers

hsinjurylaw@gmail.com (Blog Author)64195 — Thu, 08 Sep 2011 08:00:00 EST

In his latest post to our law firm's Railroad Accident/FELA Lawyers Blog, my colleague John C. passes along insights from a lifelong trainmen, conductor and rail worker injury investigator into the top 3 causes of back and neck injuries among people who work in rail yards and on trains. John also notes that railroad employees face high risks for cumulative trauma to the their spines. To read more, click over to "3 Top Causes of Railroad Back Injuries."

EJL

Parking Lot Accident in Raleigh, NC Injures Three

hsinjurylaw@gmail.com (Blog Author)64252 — Thu, 08 Sep 2011 08:00:00 EST

Most pedestrians walking outside of a shopping center probably do not fear vehicles coming out of nowhere and hitting them. However, that is basically what happened at the Cameron Village shopping center in Raleigh, North Carolina (NC).

The driver of a 2003 Lexus was pulling into a parking space outside of a Noodles and Company when they suddenly accelerated, went over the curb, and hit three women. The three women were sitting together at an outdoor table, according to wral.com. One of the victims is in serious condition and being treated at WakeMed. We still do not know why the at-fault driver suddenly accelerated.

A shopper reportedly overheard the at-fault driver saying she thought she was in reverse, though nothing has been confirmed at this point.

If the victims need extensive rehabilitation, miss time from work, and/or accrue a large number of medical bills, they should consult with a North Carolina injury lawyer. The victims may have grounds for a personal injury claim in pursuit of compensation for those expenses and the pain and suffering the victims endured from this preventable accident.

PA

Three Women From Same Family Killed in North Carolina SUV Accident

duffankm@hotmail.com (Blog Author)64149 — Wed, 07 Sep 2011 08:00:00 EST

Three generations of women from a New York City family died after their SUV flipped several times on I-95 in eastern North Carolina (NC) ,in August 2011, according to Reuters. The 22-year-old driver lost control of her Ford Expedition after the back right tire blew out. In addition to the driver, the woman's mother and grandmother also died.

The mother and grandmother were not wearing seat belts and were thrown from the car. Five other family members in the SUV were taken to a hospital with injuries.

This fatal accident reminds us to wear sea tbelts. According to the Centers for Disease Control and Prevention, wearing seat belts saves lives, decreasing serious injuries and deaths by about 50 percent. Buckle up kids in properly fitted car seats. Making sure tires and other car parts are in top condition is also important for long road trips.

To educate yourself on what to do when a serious injury or death happens in a North Carolina car accident, please visit our online library on personal injuries and the law.

LC

Legal Rights of a NC Burn Injury Survivor

blog@carolina.hsinjurylaw.com (Blog Author)64032 — Tue, 06 Sep 2011 08:00:00 EST

It is estimated one-third of burn injuries in the United States happen to children. The North Carolina Jaycee Burn Center offers a weekend camp for children ages 7-15 who have survived burn injuries. Founded in 1982 in response to a need for traditional camping opportunities for young burn patients, Camp Celebrate is open to any pediatric burn survivor in North Carolina.

What are a NC burn injury survivor's rights when a personal injury occurs? Here are some answers to frequently asked questions.

How common are burn injuries?

In the United States between 1 million and 2.4 million burn injuries are reported each year. Burn injuries often result from unknown dangers at home.

How does a burn injury victim find a North Carolina personal injury attorney for a claim?

Burn injury survivor support groups, rehabilitation professional referrals and bar associations are sources for finding a NC personal injury lawyer.

How does a burn injury victim pay for legal help?

Lawyers who work on personal injury cases usually agree to a contingency fee, which is a percentage of the amount successfully recovered in the lawsuit. If there is no recovery, the lawyer does not get compensated.

If a burn injury plaintiff proves a third party caused the injury, what can the damages be?

The burn injury victim may recover lost earnings, medical costs, loss of companionship, and emotional distress. A NC personal injury attorney evaluates what causes a burn injury to hold the responsible parties accountable to a burn injury victim.

LC

Fire on Yacht Reveals Dangers of Boating

hsinjurylaw@gmail.com (Blog Author)63976 — Tue, 06 Sep 2011 08:00:00 EST

The U.S. Coast Guard rescued two boaters after their 65-foot yacht caught fire near Englehard in Hyde County, North Carolina (NC). According to the Virginian-Pilot, the fire began in the engine room, though authorities are still investigating the cause. A rescue helicopter and a 25-foot boat were sent to the scene. To conduct the rescue, a swimmer was lowered onto the yacht from the helicopter. The boaters were helped onto another boat that had stopped to help. They were then taken onto the Coast Guard rescue boat and taken to shore. The fire was extinguished by the local fire department, and towed away.

With the summer holidays coming to a close, many people are savoring the last days of the season out on the water. It's easy to forget how dangerous watercraft can be when there's fish to be caught and fun to be had. Thankfully, these two boaters were able to contact the Coast Guard and were rescued before the fire got out of hand. Still, fire is always scary, especially when you're out to sea.

It will be particularly interesting to learn in the accident report how and why the fire got started in the first place. The engine room of any boat, yacht or ship can be a dangerous place, so it's not surprising that the fire broke out there. As a personal injury attorney, I know all too well how quickly accidents can happen on even the nicest of personal yachts. To learn more about Virginia boat accidents and what laws may apply, check out this article.

CD

$2M Verdict for BSNF Engineer With Herniated Discs

blog@carolina.hsinjurylaw.com (Blog Author)63583 — Wed, 31 Aug 2011 08:00:00 EST

In his latest post to our Carolina law firm's Railroad Accident/FELA Lawyers Blog, my colleague John C. writes about a case in which an engineer for Burlington Northern Santa Fe Railway received a $2 million verdict. The engineer's untreatable and potentially debilitating back injury after falling while operating one of the railroad's locomotives. John notes that BNSF did many things to deny its liability and retaliate against the injured engineer before and during the trial. To read more, click over to "BNSF Engineer Awarded $2M After Suffering Back Injury."

EJL

VA Teen Dead After Car Accident Caused by Hurricane Irene

hsinjurylaw@gmail.com (Blog Author)63516 — Tue, 30 Aug 2011 08:00:00 EST

A downed traffic light contributed to causing a deadly accident in eastern North Carolina as the winds and rains of Hurricane Irene lashed the central East Coast. A family returning to Northern Virginia after a vacation in Myrtle Beach, South Carolina (SC), was traveling through North Carolina when the big storm hit and knocked out power to much of the area, including the traffic lights. According to wusa9.com, the family's SUV collided with another vehicle at an intersection without working signals, and all four people in the SUV were ejected. Tragically, the family's 15-year-old daughter was killed in the accident.

As a personal injury and car accident attorney, I've seen many horrific accidents throughout the years. The combined factors of wind, rain, floods -- not to mention driving in an unfamiliar area without traffic signals working properly -- were apparently just too much to overcome for this driver. I know I faced the difficult decision whether to evacuate or stay put when Hurricane Irene drew closer. Road conditions are always terrible in stormy weather, and when a natural disaster occurs, you just can't account for what could happen.

My thoughts go out to the victim's family and friends. It's truly a tragedy to lose such a young life in an accident so senseless.

Hurricane season isn't over yet. Always take proper precautions to stay safe on the road. Consider seeking shelter at a local community center, and evacuate as early as possible. Once the storm begins, stay off the roads if at all possible. You could save lives.

CD

North Carolina Trooper Cleared for Killing Pedestrian in Car Accident

jlewis@hsinjurylaw.com (Blog Author)63078 — Wed, 24 Aug 2011 08:00:00 EST

Our police officers protect and serve the citizens of Virginia and North Carolina very well. Since they go from call to call helping people, they are on the road a lot. Many times, it is first responders and police who are injured while helping a disabled motorist or someone injured in a car accident.

So it's good news to hear that a state trooper has been cleared of any wrongdoing and allowed to go back to work after an accident in which he and another car struck a pedestrian. The investigation into the incident showed that the officer couldn't have avoided the accident. The accident occurred when the pedestrian was walking in the middle of the left lane on U.S. Highway 17 Bypass in Elizabeth City around 3 am during late July 2011.

The area is not residential, and drivers would not normally expect to encounter pedestrians. The walker was also in the middle of the road in the dark. The Highway Patrol is waiting for the results of a toxicology report to determine whether the pedestrian might have been impaired at the time of the collision.

As experienced North Carolina personal injury attorneys, my colleagues and I work closely with police and first responders while investigating car accident evidence. We know that protecting the public can be dangerous work. Police officers and firefighters in North Carolina, as elsewhere, are often in harm's way. Risk of injury - - often serious injury - - is inherent in the service of public safety. Although police officers are well-versed in criminal and traffic law, they may not know the ins and outs of personal injury law if they themselves are injured. Therefore, we recommend reading our free consumer guide Best Guide to Car Accident Injuries in North Carolina.

CT

Bike Rider Killed in Nags Head by Hit-and-Run Driver

blog@carolina.hsinjurylaw.com (Blog Author)62945 — Tue, 23 Aug 2011 08:00:00 EST

Riding a bike on the Outer Banks of North Carolina is a relaxing activity enjoyed by many. When motorists fail to respect bicycle riders, however, tragic consequences occur. Such was the case on August 21, 2011, in Kitty Hawk, NC, when a 21-year-old who was visiting from New York City was hit by a car on U.S. 158/S. Croatan Highway near Baymeadon Drive in Nags Head.

Our thoughts go out to the family of Rooha Sheikh, whose young life was cut short after she died from injuries caused by the car accident. The tragedy of the situation was compounded by the fact that the driver of the car fled the scene and has now been charged with driving while impaired and felony hit and run.

As an experienced North Carolina personal injury lawyer and father, I can only imagine the grief and rage the family feels right now. North Carolina wrongful death cases are always difficult, especially when the victim is young and the at-fault driver is so negligent. My law firm colleagues and I have handled many cases in which the burdened family did not want to go to court and speak of their loss any longer. We pursue these type of cases against the insurance company seeking settlements so the family does not have to go to court and relive the awful experience of losing their loved one.

The North Carolina Department of Transportation reports the number of bike crashes in the state to be approximately 1,000 a year, a number that includes police-reported crashes with motor vehicles. On average, around 20 people are killed, and an additional 60 are seriously injured. Children and young adults are the most frequent victims.

Bike accidents can usually be prevented if drivers are cautious and respectful to bicyclists and if riders wear appropriate safety clothing. However, when a bike accident does occur and the bike rider is not at fault in any way -- such as in this case -- we recommend speaking with an experienced North Carolina personal injury attorney.

CT

NC Man Intentionally Run Over After Bar Fight

blog@carolina.hsinjurylaw.com (Blog Author)62931 — Tue, 23 Aug 2011 08:00:00 EST

A bar fight turned deadly when a man was intentionally struck several times by a vehicle, whos driver then fled the scene. Police responded to the hit-and-run accident at Winston-Saem's Bar Los Gatos just after 2 am on August 20, 2011, to find the victim, Julio Caesar Chavez-Villalobos, lying in the parking lot and learned he had been involved in an altercation at the bar.

Chavez-Villalobos has taken to hospital and was in critical condition. According to DigTriad.com, the hit-and-run is being investigated as assault with a deadly weapon inflicting serious bodily injury.

I recently settled a bar case in Winston-Salem. What many people don’t know is that North Carolina has a dram shop statute. A dram shop statute allows, under certain circumstances, an individual to recover from a bar for overserving an individual if that individual causes harm to the victim. Not every case will be covered by the statute.

As a personal injury attorney and car accident lawyer, I've seen a lot of terrible car accidents, but this is by far one of the worst. Bars often have reputations as being rowdy, and any place that serves large amounts of alcohol risks incidents like this, but an intentional hit and run is truly horrific. Chavez-Villalobos is lucky to be alive. Our thoughts are with him and his family at this time. Because we all drive vehicles so frequently, we forget the power they have to be used as weapons.

The victim in this case deserves justice. The police are still looking for the vehicle and driver, but with no known specifics about the car, they will have a difficult time locating the suspect. Authorities are encouraging anyone with information about the incident to come forward. We can only hope the suspect will be apprehended and held accountable for his or her actions.

CD

Six Injured in Head-On Collision

rappleton@hsinjurylaw.com (Blog Author)62841 — Mon, 22 Aug 2011 08:00:00 EST

Six people were injured after a head-on collision in North Carolina this weekend. According to the Salisbury Post, the accident occurred around 6:45 p.m. on Sunday night when a Hyundai traveled north on N.C. 801 collided with a Ford heading south. Early reports claim that when the Ford crossed the center line, it hit the Hyundai head-on. The accident is still being fully investigated.

The Woodleaf Fire Department responded quickly. Firefighters were able to free the driver of the Hyundai, who was pinned inside the car. Four passengers from the Hyunadai and two from the Ford were injured. Victims were taken to a local hospital. One had to be airlifted by helicopter to the Wake Forest University Baptist Medical Center in Winston-Salem.

Woodleaf Fire Department responded with several pieces of equipment, and firefighters were able to free the Hyundai’s driver, who was pinned in the vehicle.

This is surely a scary time for everyone involved. Thankfully, no one was killed. Still, our thoughts go out to the victims and their families. It’s no doubt that they have a lot of questions in their minds about their rights and responsibilities.

As a Carolina personal injury attorney, I’ve handled cases like this one before. I’ve seen the statistics about head-on collisions and know how lucky these passengers are to be alive. Sadly, most head-on collisions result in death. 75% of head-on crashes occur on two lane highways without a divider down the middle – which is exactly what happened in this incident.

Wrong-Way Car Crash in High Point, NC Leaves One Injured, One Dead

blog@carolina.hsinjurylaw.com (Blog Author)62241 — Mon, 15 Aug 2011 08:00:00 EST

Wrong-way car wrecks almost always end tragically. Unfortunately, that was proven true once again on August 12, 2011, when a wrong-way driver caused a crash on Greensboro Road in High Point, North Carolina (NC).

According to WFMY News 2, the driver of an Infinity was traveing eastbound on Greensboro Road when he crossed over into the westbound lanes. The Infinity slammed head-on into a Ford pick-up truck driven by Jamestown, NC, resident Michael Litchfield. Michael Autrey, of Julian NC, was a passenger in the pickup truck and suffered injuries as a result of the wrong-way wreck. A passenger in the Infinity, who was a relative of the at-fault driver, died in the wreck. Police charged the at-fault driver with misdemeanor death by motor vehicle and failing to comply with drivers license restrictions.

Police do not suspect that speeding nor impairment by alcohol or drugs contributed to causing the fatal wrong-way car crash. So what exactly caused this awful accident? Was it simply driver inattention, or was he distracted in some way? We will have to wait and see what the accident report reveals.

The victims who were hurt in the pickup truck should consider speaking to a North Carolina injury lawyer to discuss their legal options. Why? Because the fact remains that the at-fault driver apparently failed to comply with drivers license restrictions, which is a conscious, irresponsible act.

PA

Passenger Injured in Greensboro, NC Car Wreck

blog@carolina.hsinjurylaw.com (Blog Author)62283 — Mon, 15 Aug 2011 08:00:00 EST

What does a passenger do when seriously hurt in a car wreck caused by a friend who was driving? This is a question a passenger injured in a Greensboro, North Carolina (NC), single-vehicle accidentwill have to answer. The car in which the woman was riding slammed into a utility pole and rolled over on its roof. The passenger suffered life-threatening injuries and was taken to Moses Cone Hospital. According to wxii12.com, she was in critical but stable condition hours after the early morning August 13, 2011, accdent.

Police are still investigating what caused the Audi A6 to crash, so we do not know if the at-fault driver was distracted in some way or under the influence of alcohol or drugs. We will have to wait and see what the investigation reveals.

But back to the original question: What should a passenger do if he or she is hurt in a wreck and the wreck was caused by a friend? As soon as possible, the passenger should speak with a North Carolina injury lawyer about filing an injury claim. Many people hesitate pursuing damages in this circumstance because they worry doing so will damage or destroy a friendship. Keep in mind, though, that filing a claim does not mean you are trying to punish or hurt your friend financially. Filing an injury claim means you are pursuing damages against your friend's insurance company, not your friend.

To learn more, check out this article written by an injury lawyer about passenger injuries and filing an injury claim.

PA

Norfolk Southern Corp. Ordered to Pay Damages to NC Man for Workplace Injuries

hsinjurylaw@gmail.com (Blog Author)62184 — Sun, 14 Aug 2011 08:00:00 EST

A federal agency has ordered Norfolk Southern Corp. to pay more $122,000 in compensatory and punitive damages and attorney's fees as a result of showing reckless disregard for a former employee's rights under the Federal Railroad Safety Act. According to the Virginian-Pilot, the man was injured in 2009 while doing tack maintenance in Jamestown, North Carolina (NC). He initially kept the incident to himself because he feared adverse actions, but he did file a report when he agravated the injury while doing more track work.

When the employee reported the injuries, NS supervisors accused him of making false statements and fired him on those -- as it proved -- spurious grounds. The worker then complained to the Department of Labor's Occupational Safety and Health Administration, and the agency determined the railroad violated his rights under the whistleblower provisions of the FRSA. The act provides every railroad worker the right to report an injury without fear of retaliation or intimidation. This relatively new law is intended to prevent the abusive practice of big railroads of threatening the jobs of workers who report accidents. Such intimidation tactics include holding lengthy investigations whose real purpose is to find evidence the company can use to fire an employee who points out safety problems.

According to OSHA, Norfolk Southern maintained an appearance of having an exemplary safety record and won a record 22 straight E.H. Harriman Gold Medal Rail Safety Awards for ebing the nation's largest line-haul railroad with the lowest number of reportable on-the-job injuries and death, in part, by retaliating against and intimidating employees. Punitive damages awarded to the former employee totaled $75,000. FRSA authorize punitive damages up to $250,000, and OSHA has awarded punitive damages of $75,000 or more in 13 cases since 2008.

An injured railroad worker should hold the negligent employer responsible for workplace injuries with the assistance of North Carolina FELA accident lawyers. If railroad officials try to harm your career just for getting hurt, you have rights and should report the threats to OSHA through a lawyer who knows the federal railroad law. Note you only have 6 months from the adverse action to make the claim, far less than the 3 years to sue for the FELA injury case itself.

To learn more about the recoveries you or a loved one can receive from a railroad work accident that results in serious injuries, check out our case results in such lawsuits.

LC

FAA Postpones Rules Requiring More Rest, Shorter Hours for Cargo and Charter Pilots

jlewis@hsinjurylaw.com (Blog Author)61968 — Sat, 13 Aug 2011 08:00:00 EST

Federal regulations that would have limited cargo and charter plane pilots to a maximum workday of 13 hours and which were set to take effect on August 1, 2011, have been suspended indefinitely. According to the Wall Street Journal, freight and private air carriers object to the proposed rules for preventing pilot fatigue because "the changes would be expensive and eliminate necessary flexibility to transport commercial goods and even troops for the Pentagon."

In this video, Capt. Sully Sullenberger discusses the difficulty pilots have doing their job of keeping passengers safe when they have not had enough rest:

The Federal Aviation Administration first proposed making all commercial pilots follow the same rules for hours of service and rest between flying shifts in 2010. Passenger plane pilots have long been restricted to no more than 13 hours on the clock and at least 9 hours between flights. The FAA was prompted to act more broadly after the U.S. Congress learned that pilot fatigue played a significant role in causing the 2009 Colgan Air crash outside of Buffalo, New York (NY), in which a total of 50 passengers and crew members died.

As a licensed pilot and Carolina personal injury attorney, I know how important it is to be as alert as possible at all times in the cockpit. Just as drowsy drivers cause tens of thousands of accidents with injuries and deaths on U.S. roads every year, pilots who may -- or do -- fall asleep while flying put themselves and others on their planes in grave danger. Even if requiring cargo and charter pilots to get more rest increases costs for air companies, I believe that money will represent a necessary investment in people's safety.

EJL

Fayetteville, NC Car Wreck Causes Death of Innocent Teenager

duffankm@hotmail.com (Blog Author)62061 — Thu, 11 Aug 2011 08:00:00 EST

A tragic car crash in Fayetteville, North Carolina (NC), is another prime example of why driving while under the influence is so reckless and irresponsible. A teenage driver was traveling down Rosehill Road with a group of friends in her 1995 Nissan. The at-fault driver reportedly lost control of the vehicle causing it to overturn.

The result: one teenage passenger killed, one teen passenger critically injured, and four others in the vehicle suffering injuries. The teenager who died was only 16 years old. The teenager that is critically injured is only 18 years old. The at-fault driver was charged with driving while impaired and with driving without an operator's license, according to ABC Local.

There is a chance more charges will be filed. There are five sentencing levels for DWIs in North Carolina, ranging from Level 1 to Level 5. Level 1 is the most serious while Level 5 is the least serious. How long an at-fault driver may wind up serving in prison is based on numerous factors including prior DWIs, the breathalyzer reading, and the at-fault driver's record. Jail time could be

·         Level 5: 1-60 days
·         Level 4: 2-120 days
·         Level 3: 3 days-6 months
·         Level 2: 7 days-1 year
·         Level 1: 30 days-2 years.

In addition to criminal charges, the families of the victims should consult with a North Carolina injury lawyer to discuss their legal options through a civil injury or wrongful death claim. Nothing can be done to reverse this terrible car crash, but some semblance of justice can be pursued through the civil system.

When an at-fault driver's behavior is especially egregious, punitive damages can be pursued. Punitive damages are a form of compensation meant to send a signal to other members of the community that the at-fault driver's behavior is reckless and should not be duplicated.

PA

Fatal Nighttime Head-On Collision Reminds ATV Riders to Follow Rules of the Road

hsinjurylaw@gmail.com (Blog Author)61752 — Tue, 09 Aug 2011 08:00:00 EST

Summer 2011 has seen a spate of deadly all-terrain vehicle crashes in the three states my Virginia-based personal injury attorney colleagues and I primarily serve. In May, a teen in Williamsburg, Virginia (VA), lost her life after falling from an ATV. Three months later, a 17-year-old resident of Asheville, North Carolina (NC), died when his ATV struck a guardrail in West Virginia. Neither of the youngsters killed in those incidents were wearing helmets.

Now, a man riding his four-wheeler along State Route 52 near the small town of Varney, West Virginia (VA), was killed life after he was reportedly at fault for a head-on collision with a truck. WSAZ News Channel 3 reported on August 8 that the ATV driver crossed the center line of the rural highway and ran into the other vehicle. The television station also noted that the victim did not have his headlights on when the deadly wreck occurred at night.

View a larger map of Mingo County, West Virginia

As the above map shows, Varney is in a particularly rural part of West Virginia. ATVs are undoubtedly common in the area, and are almost certainly considered a necessity for many residents. These realities make it all the more important for four- and three-wheel riders to take safety seriously when using their ATVs for recreation, work and regular transportation.

West Virginia law, like similar regulations North Carolina, treats ATVs a lot like motorcycles while also banning use of ATVs on interstates and divided highways. Riders must wear helmets and other protective gear; very young children should not operate the vehicles accompanied. Most importantly, when ATVS are taken out onto public roads, they must follow all other traffic laws. This means, among other things, that ATV riders must stop before crossing roads on which they are not otherwise supposed to drive, signal when making turns and turn their headlights on at night.

I'm mentioning all this not to blame the victim of the sad accident in West Virginia, but to try to impress on people -- especially the teenagers and young adults who seem most in need of the reminder -- the importance of operating their ATVs safely. Because legal distinctions between motorcycles and all-terrain vehicles are minimal, riders should take operating an ATV as seriously as they would a two-wheeled vehicle.

EJL

NHTSA: Electric, Hybrid Cars Must Emit Noise

hsinjurylaw@gmail.com (Blog Author)61700 — Mon, 08 Aug 2011 08:00:00 EST

New legislation and the National Highway Traffic Safety Administration will enforce hybrid and electric vehicles to emit noise, to protect pedestrians. Visit our blog for more information. Electric, Hybrid Vehicles Must Emit Noise to Warn Pedestrians, NHTSA Says.

Jeep Stopped on Tracks Causes SC Railroad Crossing Accident That Injured Three

hsinjurylaw@gmail.com (Blog Author)61497 — Thu, 04 Aug 2011 08:00:00 EST

An Amtrak train slammed into a Jeep that was stuck on the tracks at a railroad crossing. The car-train wreck occurred at the intersection of Highway 52 and Redbank Road in Goose Creek, South Carolina (SC).
The driver of the Jeep was taken to the hospital with injuries, as were three other people involved in the rail crossing crash. A witness quoted by Live5news.com said the car-train accident happened because the traffic signal on Redbank Road stayed green even though the railroad crossing arms were coming down. Three cars reportedly got through the crossing, but the Jeep was blocked in and remained on the tracks. When the train crashed into the Jeep, it spun into an Oldsmobile, which pushed a Ford Focus into a Toyota Highlander.

Many questions need to be answered about this South Carolina railroad crossing crash, but one in particular that warrants a great deal of investigation is why the crossing arms started to come down when the traffic signal turned green. Was this just an unfortunate coincidence or a systemic error? The crossing where this wreck occurred has been the site of 17 accidents since the 1970s, and, according to the Federal Railroad Administration, four of those accidents led to a loss of life.

PA

ATV Accident Claims the Life of Teenager from North Carolina (NC)

duffankm@hotmail.com (Blog Author)61394 — Wed, 03 Aug 2011 08:00:00 EST

My colleague Rick Shapiro has posted a new blog on our North Carolina injuryboard site about a 17-year-old from North Carolina who was killed while riding an all-terrain vehicle in West Virginia (WV). He notes the large number of deaths linked to ATV rollover accidents and a number of pending lawsuits.The teenager was not wearing a helmet when his ATV hit a guardrail and plunged over an embankment.

See this video about the dangers teenagers face on ATVs.

DM

Motorcycle Police Officer Injured While Making Traffice Stop in Cary, North Carolina

blog@carolina.hsinjurylaw.com (Blog Author)61113 — Mon, 01 Aug 2011 08:00:00 EST

A Cary, North Carolina (NC) motorcyle police officer suffered serious injuries when he was hit by a Dodge pickup truck crashed into him on NC Highway 55 near Morrisville-Carpenter Road in North Carolina. The accident occurred on July 15, 2011, according to WRAL.com.

The 32-year-old officer was on duty and making a traffic stop when the 72-year-old driver of the pickup attempted to make a left-hand turn and drove into the motorcycle's path. Theofficer was taken to Duke University Hospital for treatment of multiple broken bones.

To learn more about what to do if you or a loved one is hurt in an accident caused by a truck driver, check out our case results.

Many Highway Cable Barriers in North Carolina (NC) Fail to Protect Drivers

rappleton@hsinjurylaw.com (Blog Author)60971 — Sat, 30 Jul 2011 08:00:00 EST

An investigation by ABC-11 in Raleigh, North Carolina (NC), shows that cable barriers along state roads are failing to do their intended job of preventing head-on collisions that injure and kill drivers and passengers. Focusing on a 10-mile stretch of Interstate 540, the station found a dozen sections of cable that were damaged, loose or lying around on the ground. About 700 miles of North Carolina medians have cable barriers installed.

"We've heard a number of positive stories about how this barrier has saved lives, individuals' lives," WTVD quoted North Carolina Department of Transportation State Traffic Engineer Kevin Lacy as saying. For its part, the station found found cables that weren't fixed for at least a month and also quoted NCDOT as stating that the barriers have not been designed to stop vehicles that hit them at a 90-degree angle or go beneath the wires.

See this video about a broken cable barrier.

The state says when a car strikes a cable barrier, injuries occur about 19 percent of the time. The comparable figure is 35 percent for guardrails and 41 percent for concrete barriers.

As experienced North Carolina accident injury attorneys, my colleagues and I report on many cases in which drivers cross medians, sometimes with fatal consequences. On July 18, 2011, we reported that an off-duty paramedic who had just finished his shift in Granville, NC was killed in a head-on collision.

When we reported in 2010 that U.S. 129 in North Carolina and Interstate 26 in South Carolina (SC) had both been listed as being among the deadliest in America by CBS News, we suggested cable barriers could improve safety on these roads. But the barriers are of little use if they are damaged or allowed to fall into disrepair. So while North Carolina may not have a duty to provide them, the state could face accident injury and wrongful death lawsuits if it fails to maintain the barriers.

This has already happened. In 2010 the state of Washington paid $1.1 million to a woman who was severely injured in a crossover accident when her car was hit by vehicle that went through cable barriers, HeraldNet.com reported. A national traffic safety expert said the barriers had been installed improperly.

North Carolina Trucking Company Under Investigation Over Fatal Crash

jlewis@hsinjurylaw.com (Blog Author)59997 — Fri, 29 Jul 2011 08:00:00 EST

My colleague Kevin Duffan has posted a new blog to our trucking injury site about how a North Carolina (NC) trucking firm is being investigated over a crash that left three dead. It's thought this dreadful pile-up on Interstate 40 near Chapel Hill, North Carolina (NC) in June may shed new light on some of the bad practices in the trucking industry. Read more about the investigation into this triple fatal crash here.

DM

Salisbury, NC Driver Kills Woman Standing in Interstate 85 Median

blog@carolina.hsinjurylaw.com (Blog Author)60609 — Wed, 27 Jul 2011 08:00:00 EST

A Salisbury, North Carolina (NC), is facing a misdemeanor charge of death by vehicle after hitting two women woh were standing in the median of Interstate 85. One of the victims died in the July 17, 2011 wreck, and the other sustained minor injuries, according to WWAY News Channel 3.

Reports indicate the man maintained his speed while approaching the scene of an accident in which the women had been involved. When he swerved to avoid slamming into a stopped car, he left the road and ran into the women.

When a NC car accident occurs, the criminal case against the at-fault driver goes forward separately from any insurance claim or civil lawsuit by a person the driver harmed.Prosecution does not determine the outcome of a personal injury or wrongful death case, but key facts revealed by a criminal investigation and trial can be valuable in civil litigation.

The injured woman and family of the woman killed may need to file lawsuits with the assistance of NC accident lawyers to ensure they recover accident-related medical expenses, lost wages and other damages. To learn more about such recoveries, check out Frequently Asked Questions.

LC

Wet Road Causes NC Accident in Which Five Were Injured

duffankm@hotmail.com (Blog Author)60607 — Wed, 27 Jul 2011 08:00:00 EST

A wet road appeared to be the cause of a July 25, 2011, car-pickup truck accident in Shelby, North Carolina (NC), that injured five people. According to WSOCTV.com, the driver of Mitsubishi Eclipse lost control of his car when it hydroplaned on South Dekalb Street and collided head on with a Chevy Trailblazer. Authorities said they would continue investigating the crash and expected to file charges.

As Carolina personal injury attorneys, my colleagues and I have experience handling cases like this, where accidents were caused by slick roads and difficult driving conditions. My thoughts are with all of the victims at what is surely a scary and confusing time for each of them.

With so many afternoon thunderstorms in the summer, we’ve all driven in stormy weather and worried about accidents. When roads are wet, they’re infinitely more dangerous, particularly when other drivers choose not to slow down. Experts believe many hydroplaning accidents can be prevented by driving below the posted speed limit. Always watch the road for standing or running water, but also watch the spray being produced by cars ahead of you. You’ll get a good indication of whether or not it’s safe to pass through larger puddles.

Remember, if you do start to hydroplane, don’t touch the brakes. Instead, remove your foot from the gas and let the car simply coast until the hydroplaning stops.

CD

Knotts Island (NC) car wreck leaves five injured and few answers.

duffankm@hotmail.com (Blog Author)60659 — Wed, 27 Jul 2011 08:00:00 EST

Car accidents, even minor ones, are frightening occurences for those involved. In a high speed head-on collision however, you are lucky if you are alive to remember what it felt like to be scared. Fortunately, it appears all of the people involved in a recent high speed head-on collision on Knotts Island are going to make it. Unfortunately, all five people were severely injured, and one had to be flown to Virginia Beach General via the Nightingale, an air-ambulance/helicopter operated by Sentara.

The cause of the accident is unknown at this time. While the accident certainly could have been caused by a medical emergency or other innocent reason, unfortunately most accidents of this nature are the result of someone's negligence. We remain hopeful that everyone involved makes a full and complete recovery, and are happy that our area has a resource such as the Nightingale to transport victims of serious accidents quickly and safely. If this accident was the result of negligence, the responsible parties should make sure they do what they can to make the victim's whole.

Two Injured After Driver Crosses a Center Line

duffankm@hotmail.com (Blog Author)60679 — Wed, 27 Jul 2011 08:00:00 EST

A small careless error or a lapse of judgment can lead to major damage and injury. This appears to have been the case in Watauga County, North Carolina (NC), when a Ford F-150 crossed into the path of oncoming traffic, hit a Volvo 740 head on and sideswiped a Chevy Trailblazer. At least two people were injured in the wreck on Meat Camp Road on July 19, 2011, according to WataugaDemocrat.com.

The accident caused the Volvo to roll over, injuring and trapping its elderly female. Also, a woman in the Chevrolet required hospital treatment for injuries. The pickup driver did not appear to be injured, and it's not clear why he crossed a center line or if he'll face charges.

As experienced North Carolina road accident injury attorneys, we see numerous accidents in which a driver crosses a center line. Earlier this year I reported on a Granville County school bus that was involved in a wreck after a truck apparently crossed the center line and struck the bus at the intersection of Watkins Wilkinson Road and U.S. Highway 15 near Oxford, NC.

Such accidents often prove fatal. As one of my Carolina law firm colleagues wrote on this site, a Sampson County, NC, man, was charged with Driving while intoxicated and reckless driving after his pickup truck hit an oncoming car on NC 242 and killed the other driver. The pickup driver had crossed a center line as he exited a curve.

When a driver crosses into oncoming traffic, it means he or she is not in control of the vehicle or has been distracted. Excess speed is often to blame. If the wrong-way driver causes an accident, a victim may have grounds for making a personal injury claim. We can advise clients on a number of issues including how the statute of limitations affects claims in North Carolina.

DM

Family of North Carolina Teen Killed by Taser Shock Awarded $10 Million

rappleton@hsinjurylaw.com (Blog Author)60430 — Mon, 25 Jul 2011 08:00:00 EST

The family of a teenager from Charlotte, North Carolina (NC), has been awarded $10 million in a wrongful death lawsuit after he was twice shocked with a police Taser. The award was made against the manufacturer of the equipment when a jury found that Taser International did not provide adequate warning or instructions about the potentially lethal electrical stun gun, the Insurance Journal reported.

The teen's family filed the wrongful death lawsuit against the company that's based in Scottsdale, AZ, in March 2010. Taser International claimed the 17 year old had a heart condition, which caused the death. A medical examiner testifying at trial disagreed with that statement.

As experienced Virginia wrongful death lawyers, we are concerned about the wider implications of this case. Growing numbers of police forces have equipped themselves with Tasers, including Newport News, VA, Police Department, which recently took a delivery of Tasers. And last year I reported police in Chesapeake, VA, had joined their colleagues in Hampton, Norfolk, Portsmouth, Suffolk and Virginia Beach, in using Tasers. But while more forces are using them, questions about their safety linger.

In 2005 a heart doctor told the San Francisco Chronicle electric tun guns pose a potentially lethal danger to the heart. "Tasers might interrupt the rhythm of the human heart, throwing it into a potentially fatal chaotic state known as ventricular fibrillation. When 50,000 volts of electricity from a Taser surge across the body, it can instantly incapacitate a person -- more safely than a blow from a police baton or a blast of pepper spray, its manufacturer contends," the newspaper reported.

In 2009 CBS reported as many as 70 people have died after being shocked with stun guns. In the same year, our Virginia wrongful death attorneys reported on the death of a sword-wielding man in Hampton, VA, who was tased. Another case in Norfolk that claimed a police officer used excessive force when he used his Taser on a mentally disabled woman because she would not turn down the radio she used while exercising with a hula hoop was settled for $65,000.

This latest case reveals that Tasers, seen by police officers as an alternative to deadly force, can be just that when safety instructions are not adequate.

Who's to Blame for Fatal SC Crash Involving Trucker and 15-Year-Old Driver?

jlewis@hsinjurylaw.com (Blog Author)60354 — Sun, 24 Jul 2011 08:00:00 EST

In his latest post to our Carolina personal injury law firm's Northeast North Carolina Injuryboard blog site, my colleague John C. writes about the tricky liability issues raised by a Swansea, South Carolina (SC), accident in which a tractor-trailer rear-ended a vehicle driven by a teenager who held only a learner's permit and was not accompanied by a licensed adult. Two children in the car lost their lives, another passenger was injured critically, and the semi driver was hurt. As John writes, "While courts and lawyers may ensure that the most at-fault party's insurer provides monetary compensation to the person or people harmed, everyone will have to deal with the consequences of the accident for very long times."

EJL

Georgia Hit and Run Leaves One Dead, Two Injured

hsinjurylaw@gmail.com (Blog Author)60214 — Fri, 22 Jul 2011 08:00:00 EST

A North Carolina woman is dead after her family's vehicle was repeatedly struck on I-95 in Georgia and, ultimately, run off the road. According to jacksonville.com, a white Toyota with New York plates hit the SUV in which the was a passenger before causing it crash. The woman who lost her life was Jean Leonard, 60 of Gastonia, NC. Cynthia Bloch, 43, and a 9-year-old child, also of Gastonia, were traveling with the woman in the SUV and suffered injuries.

The SUV overturned, and all three victims were ejected from the vehicle, suffering head and neck injuries. The Toyota sped off carelessly.

Police are still investigating the horrific accident. It's shocking to believe there are drivers out there with this much anger and the audacity to end someone's life. It's tough to imagine road rage on that scale, though studies show it's a serious condition that afflicts many drivers. Our thoughts are with the victims and their families.

As North Carolina personal injury lawyers, attorneys woth our law firm have experience dealing with wrongful death cases like this family surely has. When someone is killed because of someone else's negligence or, in this case, because of another driver's anger, the family may be entitled to damages. No one deserves the treatment this family received on the road, and the driver of the Toyota needs to pay for his or her actions.

If you've lost a loved one, this report is for you.

CD

NC Trooper Kills Pedestrian on Highway 17

hsinjurylaw@gmail.com (Blog Author)60222 — Fri, 22 Jul 2011 08:00:00 EST

According to WTKR.com, a 25-year-old pedestrian was walking in the middle of the U.S. Highway 17 bypass outside Elizabeth City, North Carolina (NC), when he was hit and killed by a NC Highway patrol cruiser. The trooper driving the vehicle struck the man and did not suffer any injuries. Authorities are still investigating the incident while the trooper remains on duty.

Though it's not clear why the man decided to walk down the middle of the highway so early in the morning, it's easy to imagine him running out of gas and finding himself stranded. We've all been there. I can also imagine the pain the family of the pedestrian must be going through after this tragedy. So often, we travel on roads that are virtually empty, especially late at night. We forget the danger potentially lurking around every corner.

At the end of the day, of course, highways are simply not meant for pedestrian use. Nearly all states outlaw pedestrian access to the interstate highways., yet each year, nearly 100,000 pedestrians are injured and 5,00 are killed in vehicle related accidents. A pedestrian accident on the highway can present a complex legal situation. Unsurprisingly, more than 90 percent of pedestrian-vehicle accidents occur at night. Most commonly, pedestrian accidents occur when a driver exits his/her vehicle to inspect a broken down car. Naturally, due to the high speeds associated with highways, injuries are likely to be much more severe. It's not surprising that many accidents involving pedestrians on highways involve fatalities.

North Carolina Caps Noneconomic Damage Awards in Some Medical Malpractice Cases

hsinjurylaw@gmail.com (Blog Author)59934 — Tue, 19 Jul 2011 08:00:00 EST

In his latest post to our law firm's Northeast North Carolina Injuryboard blog site, [URL to come] my medical malpractice attorney colleague Jim Lewis upbraids lawmakers in the Tar Heel State for enacting legislation that caps pain and suffering awards for patients injured or killed by mistakes or errors in hospital emergency rooms. Jim notes - again - that limiting patients' ability to receive fair compensation from doctors, nurses, pharmacists or hospitals whose negligence harmed them does nothing to achieve the stated purpose of lowering overall health care spending.

EJL

NC Accident Kills One, Injures Four

rappleton@hsinjurylaw.com (Blog Author)59844 — Mon, 18 Jul 2011 08:00:00 EST

A two-car accident on Highway 70 near Havelock, North Carolina (NC), has killed one person and landed four others in the hospital. North Carolina Highway Patrol troopers determined that on the afternoon of July 16, 2011, a boat being towed by an SUV ran off the side of the road, and hit a post holding up a string of traffic lights at the corner of Hickamn Hill Loop Road. The SUV then flipped and crashed into another vehicle.

The SUV's driver was able to escape the crash with injuries, but his wife lost her life before being transported to a hospital. The driver and two passengers in the other vehicle also suffered injuries.

The SUV driver told troopers he's not sure why or how the crash happened, and the accident is still under investigation. No charges have been filed at this time, but authorities do not suspect drugs or alcohol played a role.

This was a truly tragic accident, and our thoughts are with the victims and their families. Car accidents can happen at any time, for any reason. It's difficult to imagine the pain this family is experiencing after such a senseless car crash.

Many people underestimate how difficult it can be to drive while towing a boat or trailer behind their vehicle. Though the cause of this accident isn't clear yet, it was certainly made worse by the sheer weight of the boat being towed behind the SUV. For safety tips on how to properly tow a trailer behind your car, check out this National Highway Traffic Safety Administration site.