Get The Best Legal Information about Carolina Accidents

Wrong-Way Driver on I-95 near Selma, North Carolina Crashes into Tractor Trailer

Wed, 17 Mar 2010 08:00:00 EST

Whenever a passenger vehicle is involved in a collision with a tractor trailer the result is usually not too good, especially in the case of a head-on crash. In this case, Auturo Cristino was driving his SUV the wrong way on Interstate 95 and crashed directly head-on into the big rig.

Apparently, the 34 year old Cristino survived the wreck even though the the cabin of the truck was nearly disintegrated from the wreck. North Carolina Highway Patrol reported that the the SUV was driving south in the northbound lanes of I-95 near Selma, North Carolina early in the morning when he slammed into the to 18 wheeler head-on.

Cristino's SUV hit the tractor trailer near exit 97 close to the Johnston-Wilson County line at approximately 4 am Sunday. Authorities have reported that both Cristino and the truck driver have survived the wreck, but there is no details to the extent of their injuries. It took several hours to clear the lanes of debris on that particular stretch of I-95 that morning.

According to wikipedia, wrong-way driving is the act of driving a motor vehicle against the direction of traffic. It can occur on either one- or two-way roads (in the latter case, arising from driving on the wrong side of the road), and may be due to driver inattention or impairment, or because of insufficient road markings or signage. It can also occur due to drivers from right-hand traffic countries being unaccustomed to driving in a left-hand traffic country, and vice versa. Often, people also drive in the wrong direction intentionally because they missed an exit, for thrill-seeking, as a suicide attempt or as a shortcut.

It is a serious problem when it occurs on divided highways because of the high speeds usually involved. In the United States, about 350 people are killed each year in accidents caused by drivers headed in the wrong direction on the highway. Most drivers who enter a divided highway or ramp in the wrong direction correct themselves by turning around.

Worker Hospitalized After Elevator Falls Several Floors in Farmville, North Carolina

jcooper@hsinjurylaw.com (Blog Author)28503 — Wed, 17 Mar 2010 08:00:00 EST

A worker has been hospitalized after the elevator he was working on caused him to fall several floors. Emergency rescuers responded to a call from Southern States located on Fields Street in Farmville, North Carolina (N.C.). Upon their arrival to the accident scene they described seeing the victim as sitting up, but still inside the elevator.

Investigators are still figuring out exactly what may have caused the elevator to drop suddenly down the 50 foot shaft. News station WITN was on the scene and have since discovered that many people familiar with the Southern States building have mentioned it is very old and needed lots of updating. According to official sources the elevator itself has passed an inspection fairly recently. There are no new indications as to the exact nature of the workers injuries at this time.

As mentioned the man was an employee of Southern States in Farmville, North Carolina (N.C.) and is still in the hospital from his injuries due to the malfunctioning elevator. A full investigation is being carried out according to Steve Patterson, Vice President of Corporate Marketing and Communications for Southern States. The elevator is one that carries people, and something caused it to malfunction, Patterson said.

Pitt County responders reported that they received a call for help at 11 p.m. Wednesday. Another employee at the Farmville site of Southern States, mentioned to WITN that the worker was freed after getting trapped in the elevator, and crews took him to Pitt County Memorial Hospital. The name of the worker has not been released, and company officials said they did not know the extent of his injuries. Employing close to 40 people at its Farmville location, Southern States is responsible for various products and related services to the animal feed-seed industry. It has been shown that the elevator was originally installed in 1991 and was inspected a half year ago showing no violations at the time.

Wrong-Way Driver Kills Camp Luejuene, North Carolina Marine in Head On Crash

Tue, 16 Mar 2010 08:00:00 EST

Just the other day, a wrong way driver slammed into a Camp Lejuene based marine and killed him on Interstate 20 just outside of Austell, Georgia. The marine, Lance Corporal Gregory M Suedmeyer, 21, died shortly after the wreck at the hospital. Corporal Suedmeyer's wife, Katelyn, was a passenger in their Mitsubishi and she is barely holding on to her life from sustained injuries.

For Prior articles I have posted relating to wrong way car accident/injuries and deaths, see:

Merchants of Interstate Death or Injury: Wrong Way Drivers-Usually ...

Wrong Way Driver On I-295 Kills Norfolk Man

On Wrong Way Drivers Causing Deaths: Civil Suits Available Even If No Criminal Charge Filed

According to authorities, 71 year old Bruce Joseph Quayle was driving a Chevy Silverado eastbound in the westbound lane of I-20 close to Six Flags amusement park when his truck struck the Mitsibushi Mirage head-on. Although Quayle was listed in stable condition, Ms Suedemeyer had to be immediately transported by helicopter to Atlanta Medical Center for serious, if not critical injuries. The accident is still under investigation and Quayle has yeto be charged for his wrong way driving crash.

I do not personally know the Suedmeyers, but our prayers are with the family tonight as young Katilyn holds onto her life. We hope that she pulls through this horrific accident and her tragic loss. As a personal injury lawyer we are well aware of the the impersonal and brutally high statistics of death by motor vehicle crashes. Tragic as this wrong-way crash is death tolls reach close to 43,000 lives per year for drivers and passengers in a motor vehicle in the United States.

Shattered: Study Reveals Glass Cockpits Don't Improve Safety

jlewis@hsinjurylaw.com (Blog Author)28010 — Wed, 10 Mar 2010 08:00:00 EST

A study conducted by the National Transportation Safety Board (NTSB) revealed glass cockpit technology has not significantly improved the safety of small airplanes, according to avweb.com.

The advent of glass cockpits occurred in the 90s when LCD panels were favored over traditional panels with manual instruments and controls due to apparent increases in efficiency, reliability, and legibility. Currently, the glass cockpit has become standard equipment in airliners, jets, planes, and was even used NASA's Space Shuttle orbiters Atlantis, Columbia, Discovery, and Endeavour.

NTSB recommended changes including alterations in training and maintenance reporting. The specific recommendations include:

Revise pilot knowledge tests and include general knowledge about glass panels
Include information in aircraft manuals about abnormal and failure modes of the panels
Introduce training elements to improve pilot knowledge of glass-panel system functionality

The primary motivation for the alterations is due to the fact that there was a higher loss of life for airplanes equipped with glass panels. Airplanes equipped with traditional panels suffered 141 total plane accidents with 23 lives lost. Glass-equipped planes suffered 125 total accidents, but 39 lives were lost. Yes, there were fewer total airplane accidents for the planes with the glass panels, but the priority needs to be on keeping the pilots alive, not just simply reducing the aggregate total of plane accidents.

As a licensed pilot, I appreciate the NTSB's study and hope that once these changes are made, we'll see a decrease in the number of small airplane accident deaths.

Drunk Driver Kills Pedestrian in Columbus County

Mon, 08 Mar 2010 08:00:00 EST

A drunk driver, who consumed enough alcohol to be roughly three times over the legal limit, hit two pedestrians in a neighborhood located off Highway 904 in Columbus County, North Carolina (NC). One of the victims died at the scene and the other is in being treated at a hospital, according to wect.com. We dont know how severe their injuries are at this point.

These fatal accidents are always disturbing to hear about since the loss of life is, by in large, preventable. If the at-fault driver had been more responsible and not decided to drink and drive, maybe these two pedestrians would be alive and healthy instead of one being taken from us far too soon and the other needing major medical attention due to potentially life-threatening injuries.

Unfortunately, far too many North Carolinians are suffering serious injuries due to drunk drivers. In fact, roughly 500 people have been killed in drunk driving accidents in North Carolina in 2008, according to alcoholalert.com.

I understand the temptation associated with drinking and driving. It's easy to go out with friends, have a good time at a bar, night club, or even at a house party, and then decide to return home in your car. Nevertheless, in that crucial moment when youre heading to the car, take a step back and realize that operating a vehicle in your condition is a huge risk, and one not worth taking. Call a friend. Call a taxi. Just call someone to help you get home without getting behind the wheel of a car.

94-Year-Old Woman Sexually Molested in Nursing Home Receives $12.5 Million Settlement

jlewis@hsinjurylaw.com (Blog Author)27806 — Sat, 06 Mar 2010 08:00:00 EST

Sophie Schwartz may never be the same. She was just a 94-year-old woman trying to enjoy the twilight of her life when a dietary aide at her nursing home sexually molested her in the middle of the night. The aide was an illegal immigrant (the nursing home appears to have failed to perform a standard background check) who abused their power by gaining access to Ms. Schwartz's room with an all-access key, according to the-signal.com.

Fortunately, Ms. Schwartz was able to receive justice when a jury awarded her $12.5 million for general damages and "punitive damages." Essentially, punitive damages are a form of punishment against the defendant (i.e. the negligent nursing home). We applaud the jury's verdict. It sends a strong, clear message that nursing home abuse will not be tolerated.

In addition to the jury verdict, the dietary aide was convicted of sexual assault and is currently serving an eight-year prison sentence.

But an important aspect to this case, and to a majority of nursing home abuse situations, is the ability to recognize when abuse has occurred, or is occurring, against your loved one. It's likely that a friend or family member noticed changes in Ms. Schwartz's mood or behavior and suspected abuse. Without that recognition, justice may not have been served against the perpetrator of these horrible acts.

Some important red flags that can alert you to nursing home abuse/negligence include:

Cuts, bruises, broken bones, sprains, or other physical signs that they are being hit or neglected.
Overmedication, either to keep your loved one from needing attention or to keep them from reporting abuse or neglect.
Sudden appearance of a venereal disease, bleeding or tearing in the genital region.

3 Teen Girls Crossing Bridge Killed By Train

Fri, 05 Mar 2010 08:00:00 EST

Killing three teen girls, a train struck them on a Melbourne, Florida bridge where they had little time to react and nowhere to go in order to get out of its path. This is certainly a tragic accident that should not of happened. Although we did not know the girls involved in this railroad accident, our hearts go out to the family and friends of the victims in their time of grief.

It was further reported that another teenager had made it out of the way only to watch in horror to see his friends die right before his eyes. Police at the scene say the teens were taking a shortcut back from a popular downtown area of Melbourne, Fla that night. It is a shame that these children were able to access such a dangerous area and it seems they may have not been alerted in time to get completely out of the way.

Certainly, it did seem that the girls did not have enough time. An official investigation is under way as we speak. Although most people know not to walk along train tracks or cross the bridges on foot, train companies are required to follow basic safety protocol especially in highly populated areas such as where this looks like it occurred.

Those familiar with the teen's family mentioned that their parents had dropped them off earlier that night at the mall having no idea that they would out later about this tragic event happening no where near the where they dropped them off. Little did these teens know that what seemed like just having fun and goofing off would turn into such a terrible event that will forever be etched in their family's mind.

Research shows that the track is owned by the Florida East Coast Railway, which operates about 350 miles of track along the state's east coast. There has been no official comment by the railway authorities.

Teen Angel Program Designed to "Tip- off" Parents on Kid's Driving Behavior

jlewis@hsinjurylaw.com (Blog Author)27754 — Fri, 05 Mar 2010 08:00:00 EST

In order to stem the tide of the sobering statistic that 1 teen is involved in a traffic accident every 23 minutes, two Wake County moms began a program to slow down this deadly trend. The statistic is kept up to date by the NC Highway Patrol. The parents of a Raleigh Charter High teen, have enrolled him in the Teen Road Angel program, which was launched in November.

With this program, every time he gets behind the wheel, he's driven by one simple rule of the road to not cause a car accident and be safe. However, if he forgets that rule, though, his parents have a "plan b" policy by using "teen angel". Their car has a decal with a phone number for other drivers to report any risky driving behavior, such as texting or speeding.

Holland and co-founder Nancy Anderson, of Raleigh, got the idea from the similar sticker on many commercial trucks that say "1-800 how's my driving?". Parents who register their children in Teen Road Angel get a parent-teen driving contract and a sticker for their teen's car. A $40 annual fee covers the cost of the decals and monitoring the toll-free number and Web site. Drivers can call the toll-free number on the sticker or make an anonymous complaint online. Parents get the report via email, text or voicemail within 30 minutes. The group is growing daily with more and more participants hoping to curb dangerous teen driving behavior. Let's hope it works!

Perforated Bowel: A Preventable Surgical Mistake

jlewis@hsinjurylaw.com (Blog Author)27642 — Wed, 03 Mar 2010 08:00:00 EST

A perforated bowel is essentially a hole, or opening, in the wall of the stomach, small intestine, and/or large intestine. When surgery is performed, the surgeon can inadvertently cut the lining the bowel which leads to the perforation. This type of surgical error can lead to some pretty horrific side effects.

The reason you want to avoid a perforated bowel at all costs is because the opening in the stomach/intestine allows food, stool, and other substances to leak into your stomach causing peritonitis (i.e. inflammation of the abdomen), according to freemd.com. The side effects include severe nausea, fever, dehydration, etc. If you dont get the cut bowel corrected in a timely manner, the risk of death increases precipitously.

Surgeries where a perforated bowel has a higher chance of occurring include colonoscopy, surgery to remove a polyp and/or mass in the bowel, and, in some rare cases a hysterectomy. However, in all honesty, any procedure where a surgeon is using a scalpel on your internal organs, a perforation can occur.

This is why you need to be prepared, both before and after the surgery. Ask the surgeon how many procedures theyve performed in the past. If you dont feel comfortable with the answer, always remember you can request the services of another surgeon. After the surgery, be on the lookout for the side effects listed above. The moment you notice these problems, contact your doctor and surgeon immediately in order to get it checked out.

If its discovered the surgeon made a mistake and cut your bowel, or another intestine, you should seek the advice of a medical malpractice attorney. Our firm has represented victims whove suffered very serious after an intestine was perforated (check out the case result here). This type of surgical mistake is preventable and you have legal rights in this situation. To gain additional knowledge about perforated bowel issues and other surgical errors, please read our free consumer report about the top-5 surgical errors and how not to become a victim.

PA

500 People Killed Every Year in Preventable Rail Crossing Accidents

Tue, 02 Mar 2010 08:00:00 EST

The Federal Railroad Administration (FRA) is reporting that 500 pedestrians get killed every year in preventable rail crossing accidents. In fact, there has been more loss of life from pedestrian crossing accidents than car/train accidents.

In order to combat these numbers from growing, the FRA started the Highway-Rail Grade Crossing Safety and Trespass Prevention Program. The goal is to reduce the prevalence, popular indifference and social acceptability of trespassing. The program has good intentions, but I dont think that labeling people who cross or walk along railroad tracks as trespassers is a good way to start this endeavor. The FRA needs to admit the fact that many railroad companies may be liable for a rail crossing death due to a distracted conductor or mechanical error.

For example, a recent train crash which killed 25 people and seriously injured 135 was due to the fact that the train conductor was texting and not paying attention, according to Reuters.

Im not saying the rail companies are always to blame. There are legitimate instances when someone was trespassing on a rail track and were seriously injured as a result of their negligence. However, a program designed to reduce the number of pedestrian deaths on the railroads should focus on both educating pedestrians AND educating train conductors on what exactly to do if they notice a pedestrian on the tracks. It's not a one way street. All of the parties involved (pedestrians, rail companies, FRA) in these tragic accidents need to examine the areas that can be improved and implement those improvements so less people die needlessly. We can do a lot better than 500 rail crossing deaths every single year.

PA

Bad Tires Can Lead to Serious Car Wrecks, Lawsuits May Get Complicated

Sun, 28 Feb 2010 08:00:00 EST

Approximately 400 people die every year in car or truck crashes that were due to tire failures, according to the National Highway Traffic Safety Administration. These tire failures can be due to a manufacturing and/or design defect, and when a person is killed due to such circumstances it is called a "wrongful death suit."

The most common types of tire failures are tread separation, multi-piece wheel explosions, sidewall failures, ozone cracking, and bead failures. The multi-piece wheel explosion is so deadly that people have nicknamed it the "widow maker." There was an attempt to ban these types of wheels, but the tire industry avoided this action by putting up signs around the workplace to warn employees about the risks of these wheels.

Once the cause of the tire failure is determined, we need to properly identify the tire manufacturer. This isn't as easy as it sounds since brand names don't automatically lead to the manufacturer. For example, if you purchased your tires at a Sears or Goodyear, the manufacturer may actually be a company which contracted out their product to these retail stores. The way to identify the tire manufacturer is with the Department of Transportation number, which is on the axle side of the tire.

When we determine who the at-fault manufacturer is and file a lawsuit, the wave of typical defense tactics will begin. The most common defense to injury or death lawsuits argued by the tire manufacturer is that, at some point, you (the injury victim) underinflated, overinflated, or a combination of both called "overdeflected" your tires, which led to the failure. We combat this argument with expert testimony refuting a relationship between these types of inflation issues and a tire failure, especially a bead separation tire failure.

Another common tactic by the tire company's defense is to try and move the case to a federal court, as opposed to keeping the case in a state court. The defendants perceive federal court as an advantage because they view many federal judges as more sympathetic to defendants than to victims-not necessarily the case. Some injury lawyers are more familiar with the state system than federal court also. We can often combat this tactic by including a local tire store or car dealership as a defendant, and this can sometimes defeat the defenses that allow these companies to remove the cases to federal courts.

However, even if the case remains on the state level, it does not guarantee victory since tire companies routinely try to protect any and all evidence related to the case claiming "trade secrets." We fight these claims vigorously since the information that can be revealed in discovery (the process where both the victim's attorney and the defense get to examine evidence) can provide helpful insights to other victims of tire failure accidents and the general public. That is how injury attorneys bring harmful conditions to light, and help avoid future similar accidents.

There's really no telling what will happen, even if everything described above goes in favor of the victim. Tire companies have faced litigation for years, so the chances of a protracted, dragged out trial and/or litigation process are higher for these types of product defect cases. But that does not mean you shouldn't move forward with a serious injury claim. If you've suffered a serious injury and suspect it was due to a tire failure/defect, we want to hear what happened and will try our best to ensure a successful outcome.

Accident on U.S. Highway 52 Highlights Failure to Yield Right of Way

Thu, 25 Feb 2010 08:00:00 EST

An accident involving a tractor trailer, a jeep, and a Saturn on U.S. 52 in Florence, South Carolina (SC) highlights one of the most common contributing factors to a car wreck - the failure to yield the right of way.

This accident occurred when the tractor trailer and Saturn were driving northbound on 52 when the jeep, which was traveling southbound, decided to make a left turn in front of the tractor trailer. The driver of the jeep failed to yield and a crash ensued. Unfortunately, the driver of the Saturn was injured and taken to McLeod Hospital, according to wmbfnews.com.

Nearly 14 percent of all car accident deaths involved a driver's failure to yield the right of way, according to the National Safety Council . That means over seven thousand people died because a driver failed to allow enough time for on-coming vehicles to drive by before making a turn. In fact, failure to yield the right of way is the second most common violation contributing to a car wreck death.

Right of way accidents occur probably because this law is misunderstood by most drivers. Basically, yielding the right of way is simply letting a car drive by before making a turn at an intersection. This law was established to determine the order of preference of vehicles traveling on our road and highways. Without right of way rules, driving could be a big ‘ol mess with drivers trying to beat each other through an intersection. Unfortunately, given the statistical evidence, it seems we're still having that problem.

A simple piece of advice - be patient when making a turn. There's no need to rush the process and put yourself at risk of suffering a serious injury like a broken neck, severed limbs, or traumatic brain injury . If you're in doubt about whether or not to yield, it's a safer bet to just yield and let the other drive pass by. Remember, it's better to be safe than sorry (and injured).

Truck Involved in Hit and Run Accident Still Not Found

jcooper@hsinjurylaw.com (Blog Author)27176 — Tue, 23 Feb 2010 08:00:00 EST

The South Carolina Highway Patrol believe a white 1989 to 1998 Freightliner was the culprit of the hit and run accident on I-20 that seriously injured the driver of a 2009 Chevy in Bishopville, South Carolina (SC). Reports indicate the accident occurred at 1 a.m. and the tractor-trailer, which was traveling too fast for the weather conditions at the time, slammed into the rear of the Chevy, according to wistv.com.

I hope SC police eventually find this elusive tractor-trailer and reprimand the driver. Getting hit by a car or truck is terrible, but then having the at-fault driver leave the scene makes matters even worse for the injured victim. The driver of the Chevy not only has to struggle with recuperating from a serious injury, but is unable to file a claim with the at-fault driver's insurance.

Fortunately, there is still a way for this injured driver to obtain compensation that could help cover medical bills, lost wages, and rehabilitation. It's called uninsured motorist coverage. This is coverage on your own policy that you would file to obtain from your insurance company. Essentially, your insurance company provides a legal defense to the hit and run driver and must pay the total uninsured motorist coverage on your policy.

If you are not the at-fault driver, under nearly all states uninsured motorist laws, your insurance company may not raise your premiums as a result of making an uninsured motorist claim against an at-fault uninsured or hit and run driver.

Our firm wrote an in-depth, special consumer report about uninsured, underinsured, and accidents involving hit and run drivers (take advantage of the free download here).

Hopefully, the police will track down the at-fault driver and the injured Chevy driver won't have to go through this process, but it's important to know, just in case the at-fault driver remains at-large.

Fatal Accident on U.S. 17 in South Carolina due to Wrong-Way Driver

jlewis@hsinjurylaw.com (Blog Author)26872 — Wed, 17 Feb 2010 08:00:00 EST

Mitchell White of Loris, South Carolina (SC) was driving along U.S. 17 between Sea Mountain Highway and SC-9 when a wrong-way driver slammed into Mr. White's car and then hit a third car, according to wmbfnews.com. Mr. White died as the scene. Two other people were injured due to the wreck.

Mr. White had his whole life ahead of him. He was only 28 years old. My condolences go out to his friends and family. Any loss of life from a car crash is terrible, but it's especially difficult when an accident that was preventable takes someone from us far too soon.

The wrong-way driver was charged with driving under the influence. If they are convicted of these charges, one would hope the sentencing will be harsh. Driving under the influence, whether it be from alcohol or drugs, is completely unacceptable. This driver may have been severely intoxicated to not realize they were driving the wrong direction on a major highway.

This isn't the first time South Carolina has had to deal with a wrong-way driver taking a life in a car crash. Back in August, a woman who was driving under the influence of alcohol and killed someone in a wrong-way accident on Interstate 26 (I-26) .

In 2008, there were 920 car wreck deaths and 50 percent were attributed to drinking and driving, according to alcoholalert.com. Nationwide, there were nearly 14,000 deaths associated with drunk driving in '08.

It appears as though a good way to combat wrong-way driving accidents is to remain focused on reducing the number of drunk/intoxicated drivers on our roads and highways.

Is a Yaz/Yasmin Recall on the Horizon?

jcooper@hsinjurylaw.com (Blog Author)26857 — Wed, 17 Feb 2010 08:00:00 EST

There's been talk of a potential recall of Yaz/Yasmin birth control pills given the ever-increasing number of women filing lawsuits claiming serious injuries after taking these dangerous drugs. Reports indicate there could be over 25,000 lawsuits filed against Bayer, the manufacturer of Yaz and Yasmin , before it's all said and done.

The FDA already publicly criticized Bayer for some of their marketing practices and even fined the company for overstating the effectiveness of Yaz and Yasmin for treating mild acne and premenstrual dysphoric disorder (PMDD). Bayer had to run corrective ads to let the general public know Yaz was not some magical medication that could treat acne, bad moods, and other menstrual cycle issues.

Given all of this, a recall could make sense. Nevertheless, Yaz and Yasmin remain on the open market. This means sisters, daughters, mothers, wives, and so forth are being exposed to some potentially very serious side effects like blood clots, gallbladder disease, stroke, etc.

Some of these Yaz and Yasmin side effects have even been connected to death. Bayer probably isn't eager to pull Yaz and Yasmin off the market since they've generated nearly $2 billion in sales from these two prescription drugs alone. Bayer's legal defense so far is that they provided warnings on their box labels so they should not be held liable. This is despite the fact that medical studies indicate a heightened risk of blood clots and reduced bone density for women taking Yaz/Yasmin as opposed to other birth control pills.

Whether Bayer will eventually settle the majority of the lawsuits filed against them in connection to Yaz and Yasmin is still unknown, but given the increasing amount of evidence that they are dangerous drugs, a good first step in repairing the trust with the public would be to voluntarily issue a recall of these birth control pills.

Head-On Crash in Greenville, North Carolina Send Five to Hospital

jlewis@hsinjurylaw.com (Blog Author)26829 — Tue, 16 Feb 2010 08:00:00 EST

A head-on collision occurred in Greenville, North Carolina (N.C.) at one of its most busy intersections the other day. TO make matters even worse, it happened at one of the busiest times, right after school let out. The two car wreck sent five people to Pitt Memorial Hospital immediately after the incident.

According to news station WITN, fire and rescue workers assisted the five that were injured at the intersection of Memorial Drive and Arlington Boulevard. Those familiar with the area would know that this is a well traveled and quite busy section of Greenville's roads. The head on collision happened around 3:20pm and traffic was backed up for quite awhile. In fact, Arlington Boulevard's right hand lane remained closed for an extended period following the wreck.

If you would see the statistics in regards to car crashes and wrecks along North Carolina highways you would know that they occur much more frequently than you would imagine. If you think about it more than likely someone you know or love has been in a wreck if you haven't been in one yourself. Unfortunately, as an injury lawyer I am all too aware of this common and far too often painful if not deadly happenstance called a car wreck. Here are some defensive driving tactics to keep in mind so that you can hopefully survive such an event if you are unlucky enough to find yourself involved in a car crash.

First, be aware of the blind spot. As you change lanes always be aware of this specific area behind you and to your left. If you forget about checking you had better hope that the person in your blind spot is a defensive driver and reacts quickly from your mistake. Take it in your hands and put yourself in the other driver's seat and think of yourself as being in the blind spot. Be sure to keep a sufficient distance between your vehicle and the one in front of you in case you are in another driver's blind spot, so you can allow him room to fit into the area in front of you.

Also, it's very important to concentrate and focus on your driving while you are driving. As any back seat driver may tell you keep your eyes on the road and always be aware of what is going on behind you and to each of your sides. Stay off the hand-held, don't mess with the radio stations, or fumble with your IPOD or favorite CD, only concern yourself with controlling the car and don't worry about how good or bad a song is and whether it is adding to your "driving experience". This is a huge factor in young driver accidents.

Finally, being a good defensive driver is just keeping your cool in many cases. I know that this seems obvious, but believe it or not you can train yourself ahead of time to maintain composure in and event that is unplanned. The way you do this is simply rehearsing in your head what could go wrong in a fender bender and think about how you would react in that hypothetical situation. Factors that can cause you to lose your cool usually involve getting behind schedule and letting it stress you out. Just remain calm and keep your cool no matter what.

Attorney Discusses Insurance Company Games

jlewis@hsinjurylaw.com (Blog Author)26744 — Mon, 15 Feb 2010 08:00:00 EST

My colleague Rick Shapiro wrote about some of the tactics and games insurance companies play to deny or delay your legitimate injury claim. These games include not returning your phone calls and arguing your injury did not effect wages or potential earnings. These games are wrong and you need quality legal representation to combat these dubious tactics. Check out this article to learn more.

South Carolina Considers Broadening Medical Malpractice Caps

anchco@gmail.com (Blog Author)26710 — Sun, 14 Feb 2010 08:00:00 EST

As South Carolina struggles with budget problems and other economic struggles, the Senate Judiciary committee is considering new legislation that would set limits of even more lawsuits.

In 2005, South Carolina passed medical malpractice caps that stated that juries could not award more than $1 million damages for pain and suffering. Now SC lawmakers want to expand those laws so that employers would not have to pay more than $250,000 in punitive damages or three times the amount of actual damages – whichever amount is greater.

Those proposing the laws believe that it could prevent businesses from going bankrupt and generally encourage new business in the state. Those against the laws worry that even more rights would be taken away from injured workers if the law passed.

Two years ago, the U.S. Chamber of Commerce released a report that said South Carolina had an undesirable lawsuit climate for businesses.

Distracted Driving Second Most Common Cause of Car Crashes in North Carolina

jlewis@hsinjurylaw.com (Blog Author)26707 — Sun, 14 Feb 2010 08:00:00 EST

Distracted driving is the second most common cause of car wrecks in the North Carolina (NC) just behind speeding, according to the North Carolina Department of Motor Vehicles. There were over 1,500 car crashes resulting in loss of life and over 120,000 serious injuries. It is estimated that a car accident causing injury or death occurs every 6.5 minutes on a NC road or highway; scary statistics.

One of the most common forms of distracted driving is texting while driving. A new generation of drivers is used to typing away on their cell phones, even while behind the wheel of a car. North Carolina has tried to combat this problem by passing a law restricting texting while driving. The current penalty is a $100 ticket. Nevertheless, the texting law is categorized as a "secondary offense" which means a police officer can't pull someone over if they see they're texting. The driver would have to commit another traffic violation like running a red light or speeding.

Studies have shown texting while driving is 23 times more dangerous than not texting and Transportation Secretary Ray LaHood declared distracted driving is an "epidemic." Our firm has been concerned about this issue for some time and recently published a consumer report about the dangers of distracted driving, including texting while driving (take advantage of the free download here). Nearly 20 states have adopted restrictions on texting while behind the wheel and some states have even restricted the general use of cell phones in a car, but it is clear more needs to be done.

The federal government is looking to take action by tying federal highway funds to states that adopt texting while driving restrictions . This bill, proposed by Sen. Chuck Schumer (D-NY), is still working its way through Congress, but could be signed into law by the end of the year.

States shouldn't wait on the federal government to take action. They need to consider revising their current texting laws and upgrade them to a "primary offense." This would allow police officers to actually enforce the texting restriction more effectively. In addition, we need to stress the dangers of distracted driving in driver's education courses across the country. The next generation of drivers is at a much higher risk of getting into a car wreck and suffering a serious injury due to distracted driving then at the present time. Why? Because virtually every adolescent has a cell phone and texting is like second nature. It'll be a very tough habit to break, but it needs to be done.

If these changes are made, one can hope the data will start to show a curb in car accidents attributable to distracted driving.

Hundreds Of Turkeys Die In Charlotte Tractor-Trailer Rollover

anchco@gmail.com (Blog Author)26688 — Sat, 13 Feb 2010 08:00:00 EST

A tractor-trailer accident in Charlotte on February 3, 2010, has North Carolina police looking for a reason for the truck crash and cleaning up hundreds of turkey carcasses.

According to the North Carolina Highway Patrol, Old Pageland Monroe Road near Charlotte was the scene of a big rig rollover at just after 1 am in the morning. The truck was carrying almost 1,000 turkeys, half of whom died when the tractor-trailer flipped. The driver suffered minor injuries in the NC truck wreck and was transported to a local hospital. The road was shut down as officers collected traffic accident evidence.

NC police say that the tractor-trailer accident was initiated by a wet spot in the road that caused the driver to lose control of his big rig. The commercial truck crash is under investigation.

School Bus Accident in Charlotte, N.C. Injured Twelve

jcooper@hsinjurylaw.com (Blog Author)26532 — Wed, 10 Feb 2010 08:00:00 EST

There was a serious school bus accident in Charlotte, North Carolina (N.C.) where twelve students were hurt. According to officials who were at the crash site, a truck slammed into the back of the school bus causing its occupants to require transport to local hospitals after the incident. The wreck occurred at 8:36 am on Freedom Drive in Mecklenberg, North Carolina (N.C.).

Kathleen Johansen, the school's spokesperson, indicated that eleven students and the bus driver were transported to the hospital to receive treatment for their injuries. She went on to say that many of the students were complaining about neck and back pain along with obvious scrapes and bruises
from the rear-end collision.

I hope that all the students traveling in this bus have a speedy recovery and settle back into their normal routines as soon as possible. Although I'm not sure what was going on with the truck driver who rammed into the back of the unsuspecting school bus and all of its occupants, what I do know is that
more than likely he was not paying attention to what was in front of him. As an injury attorney I understand that some might ignore a slight pain in the neck or a minor kink in the back, but these can signal a more significant injury.

I did a little digging around and found the actual Handbook for School Bus Drivers posted at the North Carolina Department of Transportation's own website. Here is exactly what they say to do in the event of a collision. I urge you to take a look at this short excerpt below. I find item number 7 interesting.

Collision Procedure

The driver must know and take steps to avoid further confusion, injury and
property damage in the event of a collision:

1. Stop. Vehicles should not be moved except by permission of the
investigating officer.

2. Check each passenger and render first aid as necessary.

3. Evacuate the bus only if necessary.

4. Notify proper authorities.

5. Remain with the bus to gather necessary information for the collision report, such as names and license numbers.

6. Report all collisions regardless of injury, death, or property damage, in accordance with local policy.

7. Remember, any statement you make about the collision can be used in court. Do not discuss causes of the crash with others involved. Do not admit guilt; let the case be handled by proper authorities.

bm

Toyota Knew about the Gas Pedal Problem Years Ago

jcooper@hsinjurylaw.com (Blog Author)26530 — Wed, 10 Feb 2010 08:00:00 EST

A former member of the National Highway Traffic Safety Administration (NHTSA) raised concerns over the gas pedal problem in Toyota cars back in 2007 but was rebuffed by the car company, according to detnews.com. Toyota said the problem was with the floor mats and nothing else. But even after they recalled the floor mats , the problem persisted.

Was Toyota just woefully ignorant about the extent of the gas pedal problem, or did they purposely mislead government investigators in the hopes that they could handle the issue internally without issuing a major recall? No one knows for sure.

"If Toyota misled the federal government, they should be severely punished," said Nicole Nason, who worked for the NHTSA from 2006 to 2008. Nason thinks it was "extremely coincidental" that Toyota issued two separate recalls - totaling over five million cars - involving the gas pedals of car models NHTSA was investigating back in 2007, according to the detnews.com article.

Sudden acceleration of Toyota car has been linked to 19 car crash deaths in the past decade, according to House Energy and Commerce Committee Chairman Henry Waxman. Congress is planning to investigate Toyota on how they handled the gas pedal problem, according to Bloomberg.com.

Multiple lawsuits have been filed against Toyota, one of which alleges the company knew about the gas pedal problem all the way back in 2002, according to tradingmarkets.com. This suit claims the real issue is with the electronic throttle control system (ETCS), which is used in many Toyota models. Even today, Toyota denies any problem with the ETCS.

Considering we still don't know how extensive this issue really is, there are many Toyota drivers still on the roads who are at an increased risk of having their car speed up suddenly, which could lead to a major car wreck and potentially serious injury.

Wayne County Pedestrian Killed after Being Struck by NCDOT Snowplow

Mon, 08 Feb 2010 08:00:00 EST

During the latest blast of snow and ice covering North Carolina (NC), a man out walking along U.S. Highway 70 in Wayne County near Goldsboro was struck and killed by a NCDOT snowplow. In what can be described as almost a freak accident, Mark Walston, 21, was run over by a truck driven by an employee of the state of North Carolina. The accident is still under investigation and no blame has been assigned yet.

It is not clear exactly how this tragic accident happened, but sadly Mr. Walston's loss of life seems to have been preventable. Although still under investigation this accident puts the burden of proof squarely on the shoulder of NCDOT and someone must be accountable to this young man's death. There are many excuses as well as reasons that could be named, but the fact remains that conditions on the road were hazardous and proper care in the operation of the plow was required. Pedestrians walking along a highway or road without a sidewalk must normally walk against traffic flow, placing the pedestrian on the left side of a highway. In this way the pedestrian visually is able to see the oncoming cars and trucks. Also, pedestrians must use a marked crosswalk when crossing roads, or cross at the nearest corner or intersection if no marked crosswalk exists.

Wikipedia describes a snowplow as a vehicle or a device intended for mounting on a vehicle, for removing snow and sometimes ice from outdoor surfaces, typically those serving transportation purposes. In many cases, pickup trucks and tractors are outfitted with plows to fulfill this purpose. Snowplows can also be mounted on rail cars to clear railway tracks.
bm

School Bus Hit by Pickup Truck in Darlington, South Carolina

Sat, 06 Feb 2010 08:00:00 EST

A school bus carrying 34 kids was hit by a pickup truck in Darlington, South Carolina (SC). The pickup truck ran a stop sign at the intersection of Oleander Drive and Lawson Road after school got out, according to wmbfnews.com. Eleven kids were injured.

As the father of two kids, I hate to hear about these types of accidents. This wreck may have been prevented if the pickup truck driver had been more vigilant.

This accident highlights the importance of responsible driving behavior when approaching an intersection. According to a study conducted by the National Highway Traffic Safety Administration in 2004 , roughly 20 percent of fatal car crashes were due to not adhering to a traffic signal and 13 percent of the crashes were due to not yielding the right-of-way. Overall, the risk of getting involved in a car wreck is 1.5 times higher at a stop sign than at a traffic signal.

The driver of the pickup truck certainly failed to follow the proper procedure at a stop sign (i.e. actually stopping). But why did the driver fail to stop? The answer isn't known at this time. They may have been distracted. Many drivers get into serious accidents when they talk on their cell phone or text and drive. Transportation Secretary Ray LaHood called distracted driving an "epidemic. " Our firm has been greatly concerned over this issue and we recently released a consumer report about the most common factors leading to distracted driving (take advantage of the free download here).

The kids injured in the bus/truck crash were treated at Pee Dee Hospital . There hasn't been an update as to their condition at this time.

18-Wheeler Causes Major Wreck Trying to Avoid Vehicle at Construction Area

Fri, 05 Feb 2010 08:00:00 EST

An 18-wheeler traveling on Interstate 26 (I-26) in South Carolina (SC) swerved to avoid another vehicle in a construction area resulting in a devastating wreck in which the tractor trailer jack-knifed and wound up slamming into a Ford SUV and a Mercedes. Five people were seriously hurt, according to justicenewsflash.com.

These types of accidents may increase given the fact that the Recovery and Reinvestment Act (i.e. the stimulus bill) provides a lot of money towards highway reconstruction and expansion projects. More major roads are being filled with work crews and construction equipment which heighten the risk of a potential car wreck since lanes get narrowed and traffic patterns get altered without warning.

Highway work zone accidents have killed roughly 4,700 people - over two a day - and injured 200,000 in the last five years, according to the New York Times .

Is there anything that can be done to reduce the number of construction-related car/truck accidents? Yes. First and foremost, slow down when you start to see highway work zone signs and equipment. The driver of the 18-wheeler which caused the I-26 accident was charged with driving too fast for the conditions. Reduce your speed by at least 10mph so you have more reaction time if something suddenly appears on the roadway (like a construction worker, another vehicle, pavement drop-off, etc.). Another suggestion is to keep your eyes on the road at all times when traveling through the construction zone. Do not talk on your cell phone or text and drive. Distracted driving is dangerous enough, but distracted driving in the midst of a construction zone is even more volatile and risky . If you do these two things, there's a good chance you'll be able to avoid a major wreck and potential serious injury

Cement Truck Drive Shaft Smashes Raleigh Woman's Windshield on I-440

Tue, 02 Feb 2010 08:00:00 EST

Almost by an act of God a Raleigh woman narrowly escaped certain death as a cement truck's drive shaft flies through her windshield smashing the glass as she drove her car down I-440 in Raleigh, North Carolina (N.C.) last week. In what can only be described as miraculous, the woman was unharmed physically, but was certainly emotionally distraught from the run in with the cement truck.
The victim, Marie Chang, was eastbound on the Beltline near Jones Franklin Road at about 10 a.m. when the drive shaft of the cement truck in front of her flew off and went through her windshield barely missing her as it struck her front seat after crashing through her windshield. An obviously shaken Chang told news sources that she could have imagined herself being killed right then and mentioned that she definitely felt she was being protected by God as the glass windshield glass shattered all around her.

Believe it or not, having a drive shaft fall off a truck is unusual but does occur on occasion. In fact, many people across the country-besides in North Carolina-have being severely injured to faulty equipment such as a drive shaft flying off a truck and smashing into an unsuspecting driver as a deadly projectile. Negligent truck maintenance is one of the leading causes of accidents besides driver fatigue.

Winter Weather Leads to Major Truck Wreck in North Carolina

jcooper@hsinjurylaw.com (Blog Author)25999 — Mon, 01 Feb 2010 08:00:00 EST

The winter storm which gripped much of the southeast this weekend created some rather treacherous road conditions. As a result, major accidents and injuries occurred. One of the most harrowing examples was a tractor trailer dangling from I-77 nearly plunging into Lake Norman after the driver slid off the highway, according to wmfnews.com.

"As you can see, it's a solid sheet of ice out here," said truck driver Lenney Moore, who was only a little behind the accident when it happened.

Car and truck drivers need to extremely vigilant if they're on the road when a bad winter snow storm hits. Snow can lead to ice which lead to slipper roadways and potentially black ice . This is when patches of ice develop which are virtually transparent and a car or truck can drive over it, spin out of control, and cause a serious wreck.

Being cautious is the key to preventing such an incident, especially in North Carolina (NC) where many drivers aren't used to a major snow storm. In some parts of NC, the average snow fall per year is a single inch.

Truckers need to be especially cautious considering federal regulations are in place outlining what to do when operating a commercial truck in winter weather.

Section 392.14 of the Federal Motor Carrier Safety laws states:

"Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleek, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed should be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured."

Ideally, when a winter snow storm hits, just stay home and wait it out, but if you have to travel always remember to slow down (drive at least 10mph below the speed limit), apply your brakes early and often to avoid a sliding, and do not take your eyes off the road.

4 Yr Old Dies in Fatal Catawba County, North Carolina Crash

Fri, 29 Jan 2010 08:00:00 EST

A four-year old boy was killed in a crash and his mother is battling for her life at a Charlotte, North Carolina hospital. Catawba county highway patrol informed news channel 36 WCNC that a Ms.Tina Travis sideswiped a vehicle at a gas station along Blackburn Bridge Road just beyond Maiden, N.C. around 3 p.m. Witnesses claim while they were contacting law enforcement the lady sped off down the highway, lost control and slammed right into a tree. In the course of the car accident the woman's son died. Emergency crews airlifted Travis to Carolinas Medical Center where she is listed in critical condition. It is still unclear as to the driver's state of mind during the incident to cause her to react as she did prior to the wreck.

This tragic and terrible consequence of this car crash is the death of a young child. Sadly, it should not have happened. The mother is in critical condition and it is still unclear exactly what caused the sequence of events that led up to the fatal crash. Our hearts go out to the Travis family in their time of grief. Although most of us have proper auto insurance, being respectful and observant of the law is a critical element that allows us to trust each other every day while driving along our roads and highways.

As an injury lawyer I see many statistics and data regarding car wrecks. The most likely causes of fatal car crashes include: distracted driving, drunk driving, aggressive driving, and speeding. Of the four, speeding is perhaps the worst culprit as many of us have been guilty of this and is widely considered an almost typical thing to do, especially if we add time pressures and traffic delays. Speeding is known as a multi-tiered threat because not only does it decrease the amount of time necessary to avoid a crash, additionally , it increases the risk of crashing as well as makes the crash more severe in the event that it does occur. In fact, based on the Insurance Institute for Highway Safety (IIHS), whenever speed increases from 40 mph to 60 mph, the actual energy released from a crash more than doubles. Simply slowing down and obeying posted speed limits go a long way toward making our highways less dangerous.

bm

Fatal Accident Involving a Van and Tractor Trailer in South Carolina

jcooper@hsinjurylaw.com (Blog Author)25851 — Thu, 28 Jan 2010 08:00:00 EST

Three people died and six were seriously injured in a major traffic accident involving a 15-passenger van and a large tractor trailer on U.S. 601 in Lodge, South Carolina (SC). The van allegedly pulled out in front of the tractor trailer, according to thesunnews.com.

The tractor trailer wound up flipping over and spilling its load (wood chips) onto the road. Ricky Mitchell, the driver of the tractor trailer, suffered a broken leg, according to wspa.com. Four of the injured individuals are currently in critical condition.

These types of accidents are not uncommon, unfortunately. Two large vehicles where the range of vision is not exactly extensive can create a volatile combination and the end result is tragedy.

According to government statistics, there were over 1,090 individuals killed in crashes involving 15-passenger vans from 1997 to 2006. These types of vans are very difficult to maneuver since many auto manufacturers (like Dodge, Ford, Chevrolet and GMC) use the same wheel bases on 15-passenger vans as they do on smaller cars making them more likely to swerve out of control when trying to make quick movements.

A good guideline to follow if you are operating this type of vehicle and encounter a tractor trailer hauling commercial goods is to give as much space as possible between yourself and the tractor trailer. Why? Because large commercial trucks and tractor trailers have larger-than-average blind spots and require more space to turn and change lanes. A large van has similar structural limitations so providing as much space between each other could decrease the chance of a major van-tractor trailer wreck.

The passengers in this type of case have the most clear cut claims. Whichever driver was at fault, or even if both were a cause of the wreck, the folks in the van as non-driver occupants surely could not prevent the tragedy. I am sorry to hear of this horrible event.

Major Accident Involving a School Bus and Pickup Truck in Elizabeth City

Wed, 27 Jan 2010 08:00:00 EST

A school bus carrying 30 children was hit by a pickup truck at an intersection on U.S. 17 in Elizabeth City, North Carolina (NC). The Virginian-Pilot is reporting one of the vehicles ran a traffic light at the intersection leading to the truck-bus wreck.

View Larger Map

The crash was so severe that the bus flipped over while the driver of the pickup truck had to be cut from the vehicle and airlifted to a hospital. Reports indicate at least 11 injuries including a 15-year-old who needed to be airlifted to Sentara Norfolk General Hospital due to potential head injuries, according to WVEC.com.

This terrible accident inadvertently led to another accident as a grandmother rushed to the scene. She wound up getting into a car crash less than a mile away.

We dont know yet which driver the bus driver or the pickup truck driver - ran the traffic light or why (was the at-fault driver potentially distracted?). Well have to wait and see what the accident report reveals.

This wreck illustrates the importance of being focused and vigilant at intersections. Approximately one-third of all car accidents take place at an intersection and over 40 percent of all car wreck fatalities involved drivers failing to yield the right of way, driving through a stop sign or ignoring a traffic light, according to the Driving Institute of America.

All drivers need to possess a thorough understanding of intersection regulations. For example, yield to an oncoming vehicle if you plan to make a left turn at a regular green light. Another example is making a right turn at the red light look for signs indicating if this is allowed at that particular intersection. Though, the most important guideline is to be cautious. Dont approach an intersection in a hurry with the intent to dodge other vehicles. Taking the time to properly assess the intersection is critical and could prevent a major accident from occurring.

Ultra-Light Aircraft Crashes in Kernersville, North Carolina Injuring Pilot

jlewis@hsinjurylaw.com (Blog Author)25715 — Tue, 26 Jan 2010 08:00:00 EST

The details are not exactly clear, but a man crashed landed his ultralight aircraft after taking off in Kernersville, North Carolina (N.C.) the other day. Could you imagine the sight of an aircraft crashing in your backyard? Well, that is exactly what happened last Saturday with this aviation accident.

Kernersville police say the aircraft nosedived into the yard of a home located on 413 Graves Mill Road in this small town. Ironically, the aircraft crash victim is purported to be an aeronautical engineer. Authorities say that he had problems with his takeoff and subsequently crashed nose first into the Kernersville backyard.

Apparently, the pilot did not lose consciousness in the crash. The man was transported to a nearby hospital for undisclosed injuries. Although there are no indications of faulty equipment or engine failure yet, as with all aircraft crashes the Federal Aviation Administration is investigating the incident and further details are pending.

Historically, ultralights have had a poor safety reputation. Most of the early designs were fragile or unstable, and this resulted in a number of accidents. As designs matured, pilot error was shown to be the cause of the vast majority of incidents involving ultra lights. Most countries now require an ultralight pilot's license/certificate, often regulated by one or more officially-delegated pilots' organizations, but the United States does not require any training for ultralight pilots.

bm

NC Truck Accident Perhaps Caused By Wind Backs Up I-77

anchco@gmail.com (Blog Author)25657 — Mon, 25 Jan 2010 08:00:00 EST

A truck accident on Interstate 77 may have been caused by a gust of wind or by a mechanical failure. North Carolina State Trooper J.S. Martin investigated the scene, talked with the truck driver, and did not issue a citation for the one-vehicle big rig crash on Sunday evening.

According to truck driver 32-year-old Orville Berg, he was driving his tractor-trailer 2009 Freightliner near Exit 49 and the bridge when he suddenly lost control of his vehicle for unknown reasons. The truck ran off of the right side of the road, struck a guardrail, and then came to a stop. Although there is no way to prove that the truck suffered from a gust of wind or a mechanical problem, the trucker escaped the big rig accident with no tickets and only minor bumps and bruises. Martin said that the trucker was not under the influence of drugs or alcohol and that the data in his trucking log was legitimate.

Wind can often be a problem for truckers, especially on or near bridges.

Passenger in Vehicle Killed by Speeding Driver on Murrayville Road

jcooper@hsinjurylaw.com (Blog Author)25606 — Mon, 25 Jan 2010 08:00:00 EST

John Edward Rossi of Wilmington, North Carolina (NC) was riding in a 2002 Toyota pickup truck with his friend operating the vehicle. As they crossed Murrayville Road, the driver was unable to maintain control of the truck and wound up driving off a bridge. Mr. Rossi was killed.

My condolences go out to Mr. Rossi's friends and family. He was only 19 years old.

The driver was allegedly traveling 30+ miles over the speed limit and had consumed alcohol prior to getting behind the wheel, according to the Star News.

An investigation also needs to be conducted to determine who sold the driver alcohol since the driver was also 19 years old.

North Carolina (NC) law allows an injured individual, or the family of a loved one who died due to a driver under the influence, to pursue a claim against the company which sold alcohol to a teenager. Here's the language of the law...

§ 18B-121. Claim for relief created for sale to underage person.

An aggrieved party has a claim for relief for damages against a permittee or local

Alcoholic Beverage Control Board if:

(1) The permittee or his agent or employee or the local board or its agent or

employee negligently sold or furnished an alcoholic beverage to an

underage person; and G.S. 18b-100 Page 10

(2) The consumption of the alcoholic beverage that was sold or furnished to

an underage person caused or contributed to, in whole or in part, an

underage driver's being subject to an impairing substance within the

meaning of G.S. 20-138.1 at the time of the injury; and

3) The injury that resulted was proximately caused by the underage driver's

negligent operation of a vehicle while so impaired.

In addition to this law, 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. Families, though, sometimes decide not to file a claim because the driver was a friend or even a relative. They fear filing the claim will result in the driver going to prison or becoming bankrupt. This is a mistake since the claim is made against and paid for by the insurance company, and the driver is really not going to pay anything if the family does not want to go after their assets individually.

This is not a pleasant scenario for anyone involved, but wrongful death situations are never pleasant. They're always tragic and difficult. Nevertheless, a wrong was committed and justice should be pursued for the survivors.

Multi-Vehicle Crash Involving a Charlotte DOT Truck on I-485 Hospitalizes Three

jcooper@hsinjurylaw.com (Blog Author)25558 — Sun, 24 Jan 2010 08:00:00 EST

North Carolina State Troopers closed down a section of I-485 near Charlotte, North Carolina (N.C.) for 3 hours last Saturday morning after an accident caused a chain reaction. As reported by Charlotte's WBTV, the Mecklenburg Police alleged that a drunk driver collided with a DOT truck about 4:30 that morning. An hour afterward, an SUV struck a tractor trailer that was stalled from the initial accident.

After the dust settled from the multi vehicle wreck, three folks were brought to the hospital sustaining unknown injuries. Additionally, another driver struck a patrol car that was parked at the accident scene. The patrolman assisting the site had to dive out of the way narrowly escaping injury himself. It was reported that it took several hours until I-485 was reopened for traffic.

In many cases a road-side crash site can act as magnet drawing in other cars and causing further wrecks, usually due to distracted driving. Most rescue workers and highway patrolmen are well aware of this danger and will always strive to gain order to the scene and get off the road side as quickly as possible.

Despite safety procedures and proper protocol secondary crashes can occur and the result often adds further injuries and complications including taking out those already there assisting the injured. One of the first responders to the scene, a police officer, had to dodge the secondary crash vehicle by diving off the road and narrowly escaping injury, perhaps even death.

Many are not as lucky as the officer mentioned above. Please be aware of the danger of secondary crashes along the roadside. Always take extreme caution if you find yourself along the roadside whether due to a crash or breakdown. It has been shown in studies that out of all fatal car accidents, a full 35 percent are from roadside crashes in the United States.

Mo-Ped Driver Injured After Being Hit by Car in South Carolina

Wed, 20 Jan 2010 08:00:00 EST

Darrell Paris was riding along U.S. 76 on his mo-ped just outside Tri-County Technical College in South Carolina (SC) when a car came up from behind and hit him. Mr. Paris suffered injuries and was treated at Oconee Medical Center.

The driver of the car was charged with speeding, according to independentmail.com.

View Larger Map

Mo-ped accidents are rare, but when they do occur, the damage done to the rider (and the mo-ped) can be extensive. The reason being, your whole body is basically exposed to the elements. If a car collides with your mo-ped, you could potentially suffer a spinal cord injury, facial lacerations, broken bones, and/or a traumatic brain injury (even with a helmet on). We dont know the extent of Mr. Paris injuries, but they could be serious and the trauma associated with being hit by a car can take years to fully recover from.

The driver of the car displayed irresponsible behavior by speeding (if the charges hold up) and should have known better. The statistics on car accidents in South Carolina are pretty disturbing. Someone is injured in a car accident every 10 minutes, according to the South Carolina Department of Public Safety. Nearly 50 people died in 2006 from mo-ped wrecks, according to motorcycle-accidents.com.

Important Legal Aspects of a Mesothelioma Case

jcooper@hsinjurylaw.com (Blog Author)25156 — Sun, 17 Jan 2010 08:00:00 EST

Mesothelioma is an aggressive cancer of the pleura (lining of the lung). Due to it's aggressive nature and the catastrophic effects of the disease, juries are often sympathetic to victims and their families. According to 2001 Wall Street Journal article the average jury award in a mesothelioma case is between one and six million dollars. Of course, each case and jury is unique.

There are also unique legal aspects of mesothelioma cases which should be considered by victims of the disease:

1. Mesothelioma is strongly associated with exposure to asbestos dust, even low level or brief exposures. For this reason, when faced with a diagnosis of mesothelioma, a victim, his or her family, friends and co-workers should take time to catalogue any past exposures to asbestos dust including as much detail as possible (sources of asbestos dust exposures, locations, dates, durations of exposures, availability of respiratory protection). This information is often valuable in reconstructing the sources of exposure and assessing legal liability at a later date.

2. Mesothelioma may have a latency period up to 40 years. This means the disease may actually develop many years after exposure to asbestos dust. A common scenario we've encountered are railroad workers who were exposed to asbestos dust early in their careers find out they have mesothelioma just as they're about to retire. In recognition of the latency period of the disease, many courts have held the statute of limitations applicable to claims based upon mesothelioma do not begin to run until the victim knows (or should know) they suffer from the disease. Statutes of limitations vary from state to state and between the different laws applicable to the cases. It is important that a victim of mesothelioma seek prompt, qualified legal advice to insure the statute of limitations does not expire prior to action being taken to protect a claim.

Our attorneys possess experience handling mesothelioma cases, understand the severity of the disease and are ready to respond to any questions which may arise concerning this serious disease.

Fatal Truck Accident On I-95 In Harnett County, NC, Leaves 2 Dead

anchco@gmail.com (Blog Author)25135 — Sat, 16 Jan 2010 08:00:00 EST

An early-morning truck and car accident in Dunn, North Carolina, left two men dead on I-95 this week. North Carolina police said that 55-year-old Bert William Baytops and 38-year-old Tralina Covington were driving a car they had bought to Jacksonville, North Carolina, when the car drive off of the roadway and hit a guardrail. As the car spun out of control on the highway, a truck driven by Jeffrey Drumm slammed into the car, whose headlights were no longer working. The tractor-trailer rear-ended the car.

NC Highway Patrol said that Covington was ejected from the car while Baytops was killed inside the car, which caught fire after impact. Drumm did not suffer any injuries in the NC truck accident.

NC police are not sure why the car originally ran off of Interstate 95, though the early-morning time of the truck accident may have involved fatigue or sleeping behind the wheel.

Two Lawsuits from Jet Crash Involving Celebrities DJ A.M. and Travis Barker Settle

jlewis@hsinjurylaw.com (Blog Author)25106 — Fri, 15 Jan 2010 08:00:00 EST

UPDATE 3/11/10: A $12 million settlement was reached in the wrongful death case brought by the surviving family members of Travis Barker, according to antimusic.com

Two lawsuits stemming from the September 2008 jet crash involving celebrities Adam Goldstein (a.k.a. DJ A.M.) and Travis Barker settled recently. The crash occurred at a Columbia, South Carolina (SC) airport and four people died as a result, according to People Magazine.

The Federal Aviation Administration reported that the Lear 60 jet carrying Mr. Goldstein and Mr. Barker, which was headed for California, started to send off sparks during takeoff. The jet crashed soon thereafter.

Here's a video describing this terrible aviation accident...

The first lawsuit to settle was brought forth by the family of James Bland (the co-pilot) who was one of the four killed in the wreck. The family will receive $500,000.

The second lawsuit was brought forth by the family of Mr. Goldstein, who survived the jet crash but later died of an accidental drug overdose. The family's attorneys argued that the injuries and trauma suffered from the crash drove Mr. Goldstein to become re-addicted to drugs, according to TMZ.com. The settlement terms were not revealed.

Some people have argued that the wrongful death settlement for Mr. Goldstein was unjustified because he died from an accidental drug overdose, not from injuries sustained from the jet crash. These people are mistaken. If it can be determined that trauma stemming from an accident causes pain and suffering along with a drop in the quality of life for a victim, our legal system provides the pursuit of damages.

In addition, the family of Mr. Goldstein can legitimately claim the accidental drug overdose stemmed from the jet crash since Mr. Goldstein suffered second-and-third-degree burns from the accident and was prescribed strong pain medication such as as Oxycodone and Vicodin, both of which were found in his system after an autopsy was conducted, according to the LA Times.

Teen Dies In Siler City, North Carolina Car Crash

Thu, 14 Jan 2010 08:00:00 EST

Recently, a Chatham County high school student died of trauma suffered from a car wreck. Although he struggled for life at the Duke University Hospital, tragically, the Siler City, North Carolina (N.C.) teen died from serious injuries resulting from when his pick-up truck ran off the road and struck a tree.

Although it is still unclear as to what caused this crash, road design is often times a possible culprit to a vehicle wreck. A 1985 US study reported that about 34% of all serious vehicular wrecks had contributing factors related to the roadway and its immediate environment. The road or environmental factor was either noted as making a significant contribution to the circumstances of the crash, or did not allow room to recover.

In these circumstances it is frequently the driver who is blamed rather than the road; those reporting the accident have a tendency to overlook the human factors involved, such as the subtleties of design and maintenance that a driver could fail to observe or inadequately compensate for.

Research has shown that careful design and maintenance, with well-designed intersections, road surfaces, visibility and traffic control devices, can result in significant improvements in accident rates. Individual roads also have widely differing performance in the event of an impact. In Europe there are now what's called "EuroRAP" tests that indicate how forgiving a particular road and its roadside would be in the event of a major incident.

Investigation of the car accident is ongoing as it is still unclear as to what caused the Jordan Matthews Highschool student to run off Silk Hope Road. The youth is sadly missed by the entire school and nothing can express the sadness that must be felt by his family. Although we do not know him our prayers and heartfelt sympathy goes out to his parents in their tragic time of loss.

Bicyclist Hit and Killed by Truck in Sumter, South Carolina

jlewis@hsinjurylaw.com (Blog Author)24862 — Mon, 11 Jan 2010 08:00:00 EST

Tommy Tindal was riding his bike along local highway S.C. 441 in Sumter, South Carolina (SC) when a box truck drove by and sideswiped him. Mr. Tindal suffered traumatic head injuries along with other serious injuries leading to his death, according to thesunnews.com. My deepest condolences go out to Mr. Tindal's friends and family.

It's a tenuous relationship between bicyclists and automobile drivers when sharing the road. I've witnessed numerous vehicles come close to swiping bicyclists on busy roads. In 2008, 716 bicyclists were involved in fatal traffic accidents and 52,000 suffered injuries in bicycle-vehicle crashes, a 21 percent increase from 2007. There seems to be this mentality by auto operators that someone riding on a bicycle shouldn't even be near a road occupied by automobiles.

Regardless, a new set of bicycle safety laws were passed in 2008 in South Carolina which provided more protections to bicyclists. A key statute that may come into play in the tragic accident involving Mr. Tindal is the"Safe Operating Distance" statute in section 56-5-3435 which states:

"A driver of a motor vehicle must at all times maintain a safe operating distance between the motor vehicle and a bicycle."

If the box truck driver violated this statute, this tragic crash could be categorized as a wrongful death.

Car Accident in Liberty, North Carolina Kills Three People

jlewis@hsinjurylaw.com (Blog Author)24618 — Wed, 06 Jan 2010 08:00:00 EST

The North Carolina Highway Patrol says speed is to blame for the car accident that killed three people on Highway 421 in Liberty, North Carolina (NC).

Brandon Chavis was traveling on Highway 421 near Browns Meadow Road in Liberty, North Carolina (NC) when he lost control of his BMW. Brandon Chavis swerved off the road and in to a large patch of trees. Tragically, Chavis and his two passengers, Forest Andrews and Jason Morris, died at the scene of the car accident. The North Carolina Highway Patrol says Chavis was traveling close to 100 mph in a 55 mph zone at the time of the accident.

Speed is often a factor in car accidents, and excess speed is a leading factor in car accident deaths. Unfortunately, despite the best efforts of local police officers to catch speeders, drivers are still inclined to speed. This is especially true if the driver is familiar with the roadway, such as their commute to or from work.

When you are speeding you do not have enough time to respond to road conditions, such as potholes. This can often cause drivers to go jerk their cars suddenly, going off the road and causing a car accident. Speed also makes it hard for drivers to stop for other vehicles or change lanes. Drivers can come up on other vehicles too quickly and cause a car accident.

To be safe, all drivers should always closely follow posted speed limits. These speed limits have been tested and proven to be a safe speed for the road. Following the speed limit will reduce driver’s chances of being involved in a car accident.

American Airlines Putting Lives at Risk with Poor Landings

jlewis@hsinjurylaw.com (Blog Author)24611 — Wed, 06 Jan 2010 08:00:00 EST

Between December 13 and December 24, three American Airlines planes had faulty landings, one of which caused serious injuries. That's three bad landings in less than two weeks. I have to ask - what's the problem with American Airlines? The Federal Aviation Authority (FAA) is wondering the same thing and plans to investigate the airline.

The most egregious landing took place in Kingston, Jamaica when a Boeing 737 overran the runway resulting in 91 people suffering serious injuries.

The most pressing questions that need to be answered include: (1) Are there structural problems with American Airlines landing gears and/or other mechanisms? (2) Is pilot fatigue is playing a role in these rash of poor landings?

The first question is very complex and will require a thorough examination of the three airplanes and if there is a structural issue of those particular models (the aforementioned Boeing 737, and the other two planes were MD-80s).

The latter question touches upon the hot-button topic of how airlines treat their pilots and if they're overworked. Pilot fatigue has been listed on the National Transportation Safety Board's "most wanted safety fixes" for the past two decades. Nevertheless, the FAA allows pilots to be scheduled for up to 16 hours on duty and up to eight hours of flight time in a day, according to the Star Bulletin.Hearings were held on Capitol Hill to discuss the pilot fatigue problem and other pressing aviation safety issues. John Prater, president of the Air Line Pilots Association, told lawmakers, "We receive daily reports of scheduling that causes pilots to be virtual 'zombies,' "according to MinnPost.com.

As a licensed pilot, I fully appreciate the challenges associated with operating a plane without adequate sleep. So much of flying is cerebral and you need to be mentally alert at all times. Pilot fatigue is a major problem that needs to be resolved quickly. These professional pilots have our lives in their hands, so I'd much prefer they be fresh and fully rested before taking to the skies.

Wrong Way Driver Causes Deadly I-264 Car Crash Killing Two

jcooper@hsinjurylaw.com (Blog Author)24316 — Thu, 31 Dec 2009 08:00:00 EST

According to Virginia state police two people are dead after a Norfolk, Virginia (V.A.) crashed into oncoming traffic as he drove his speeding BMW the wrong-way down I-264 around 1:30 Wednesday afternoon. The car drove completely through the HOV barricades and directly into the paths of unsuspecting motorists.

The wrong-way driver clipped a van with his BMW, then striking the next vehicle directly head-on killing the woman inside after leaving her no time to react. The two cars immediately burst into flames as both drivers died on impact leaving nothing but burning, twisted metal where a routine afternoon commute had once been. As a result of the crash, several inner lanes of I-264 East and West as well as the reversible HOV lanes on I-64 were closed for more than three hours Wednesday afternoon as authorities cleared the crash and began investigating.

State authorities have identified the wrong-way driver of the BMW was from Norfolk, Virginia (V.A.) and the driver of the Taurus he struck was from Chesapeake, Virginia (V.A.). The driver of the van was reported as uninjured from this fatal wrong-way collision on I-264.

As described by officials, the wrong-way driver took the incorrect ramp from the I-64 HOV lanes sending his speeding BMW into oncoming traffic instead of I-264's eastbound lanes. State police don't know why the driver went through the barricades. It was reported that VDOT has those gates down with continuously flashing lights. Why he drove through those is not clear.

What is crystal clear is that two people are now dead from a driver that for reasons unknown chose to ignore barricades, flashing lights and numerous other warnings and drove the wrong way onto I-264 killing an unsuspecting driver forever changing the course of events in the lives they knew. Our prayers and thoughts go out to the family and although we did not know the victim we understand your grief and wish you comfort in your time of mourning.

bm

MacLaren Baby Strollers Cut Off Fingers, One Million Strollers Recalled

Wed, 30 Dec 2009 08:00:00 EST

There have been 12 reports of small children getting their fingers caught in MacLaren baby strollers resulting in the severing of their fingertips. In addition, there were three reports of finger lacerations. As a result, a major recall of one million strollers was issued by MacLaren, according to the Consumer Product Safety Commission (CPSC).

The recall involves the single and double umbrella strollers that were sold at Babies R' Us, Target, and other retailers for the past 10 years. The models include the Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller.

Here's a video discussing the MacLaren baby stroller recall...

MacLaren's solution is to send you a repair kit featuring a hinge cover that attempts to cover the problematic area. Personally, I'd recommend not using the stroller all together. Why? Because there's no guarantee that you'll be able to successfully apply the repair hinge properly.

Another risk is your child being able to remove the repair hinge and still having their little fingers exposed to serious injury. And if your child does suffer a serious injury like a severed finger, there will be large medical bills and years of physical and mental rehabilitation.

"You don't want this to happen to your child. It's already happened to 12 other children," said Patty Davis, a spokeswoman for the CPSC.

Three People Injured in Head-On Accident Davidson County, North Carolina

Tue, 29 Dec 2009 08:00:00 EST

A car accident that occurred on Midway School Rd in Davidson County, North Carolina (NC) has left three people in serious condition.

Ryan Fitzgerald was traveling on Midway School Road when ran off the right side of the road, causing him to overcorrect his vehicle. He crossed in to the oncoming lane and struck another vehicle head-on. His car then went to the other side of the road before coming back on to the lane and striking the vehicle for a second time.

Ryan Fitzgerald was taken to Baptist Hospital where he is suffering from severe injuries sustained in the car accident. The driver and passenger of the vehicle that was struck head-on, Jay Kelly Hedrick and Deborah Hedrick, were taken to Wake Forest University Baptist Medical Center. Deborah Hedrick is in stable condition, but Jay Kelly Hedrick is in serious condition.

Head-on collisions can be serious, even deadly. My colleague, Jim Lewis, recently wrote an article about just how quickly head-on collisions can occur. More often then not, the driver that is struck does not even realize an accident has happened until it is too late.

ATV Crash Kills North Carolina Man on Christmas Morning

Mon, 28 Dec 2009 08:00:00 EST

In many ways the headline above could be written every week in almost every state of America. Not to detract attention to the tragedy that surrounds the Christmas morning death of this young man, but unfortunately, this type of ATV accident is an all too common occurrence. Authorities say that the man died after his all-terrain vehicle overturned on him along a road in Mars Hill, NC near Asheville.

N.C. Troopers reported to the Asheville Citizen-Times newspaper that the crash happened around 2 a.m. Friday. Although the victim may have not been wearing a helmet, in many instances an overturned ATV accident can kill or seriously injure the rider by way of a crushed chest, a collapsed windpipe, or most likely a broken neck from the impact of the recreational vehicle's weight.

Tragically, hundreds of young people, especially children 16 years or younger, are catastrophically injured or killed in ATV accidents each year. As reported from recent research provided by the Children's Hospital of Ohio, as many as 136,000 victims of ATV accidents end up in the emergency rooms each year. What is particularly disturbing is that close to one-third of these wrecks involve children who are 16 years old or younger. Many hundreds of young people suffer from injuries that are severe enough to include traumatic brain injury and spinal cord injuries. Accidents that can leave them disabled for duration of their lives.

My prayers go out to the family and friends of this young man. Having to deal with major or catastrophic injuries where it involves younger victims is extremely devastating for their families as well. This young man has had his life snuffed out prematurely all on the account of relying on the safety standards that are claimed by the ATV companies stating it is "safe" recreational fun.

This fatal accident should serve as a reminder to us all that ATVs are unsafe and should not be ridden without realizing you are taking your life in your hands. It requires a great amount of skill to drive an all-terrain vehicle, which can reach speeds of 100 mph and typically weighs many thousand pounds. Please do not believe that what the ATV industry wants you to think: that an ATV is good, clean, safe family fun that anyone can have even if you have no driver's license.

Please follow this list of safety tips whenever you or a family member operates any ATV:Get trained

Wear a helmet
No children on adult ATVs
Don't ride tandem
Don't ride on pavement
Don't ride under the influence

Fatal Head-On Collision Kills Raleigh Nurse

jcooper@hsinjurylaw.com (Blog Author)24046 — Mon, 28 Dec 2009 08:00:00 EST

A recent two car accident in Raleigh, NC took the life of Teresa Bagley Weintraub, 57. Weintraub was on her way to work, where she was employed as a nurse for Duke Raleigh Hospital . She was struck head-on by an oncoming car driven by Aleksey Glazunov, 24. Weintraub was pronounced dead at the scene.

According to the Raleigh police, Aleksey Glazunov was passing another vehicle on Skycrest Drive when he lost control and slammed into Weintraub's oncoming car. Originally, Raleigh police had filed misdemeanor charges of death by motor vehicle; they have since upgraded the charge to involuntary manslaughter. It is possible that they reconsidered after examining Glazunov's criminal record laced with speeding violations. After hearing of Glazunov's release after posting a $2,000 bail, Weintraub's family was rightfully outraged considering his past history.

It is hard to imagine how often someone is killed in a car crash through no fault of their own. Reality hits hardest when a tragic event such as this happens to someone we know or love. I did not know the victim, but my prayers go out to the Weintraub family and all those that had the good fortune to know her. We should all be grateful for each day we have to share with those we love.

bm

Pitt County Pick-Ups Collide Head-On Injuring Both Drivers

Mon, 28 Dec 2009 08:00:00 EST

According to Pitt County authorities, two pickup trucks slammed into each other sending both drivers to Pitt Memorial Hospital for their injuries. Police indicated that the head-on collision happened on Hanrahan Road near White Line Road close to the town of Ayden, North Carolina (N.C.).

Upon arriving at the crash, first responder crews described the scene: one of the drivers outside of his truck which was on fire. Police reported that the driver of the other pickup truck was pinned inside and had to be rescued by pulling him out of the wreckage.

It still is not entirely clear who is to blame and exactly how the collision transpired. Indications are that 30 yr old George Harrington was driving the black truck and 41 yr old Keith Cox was in the white truck. East Care helicopter came to the scene; however, authorities decided to transport the drivers by ground to the hospital.

Frequently, the cause of lane-departure head-on collisions are driver distraction, sudden swerving to avoid debris or a stopped vehicle, falling asleep at the wheel, or unsafe passing. Countless are the reasons a driver can become distracted, including texting and driving, talking on the cell phone, e-mailing on a blackberry, paying attention to children or other passengers, eating, and poor visibility due to sun or weather conditions. Obviously, drunk driving and driving under the influence can contribute to a driver losing control of their vehicle, drifting into oncoming traffic and striking a car head-on. Our law firm has authored several special free safety reports, one is on distracted driving, and another has to do with car accidents involving uninsured or poorly insured drivers.

bm

Tragic Amtrak Train Accident in North Carolina

Mon, 28 Dec 2009 08:00:00 EST

A 5-year-old boy was killed and a 4-month-old baby was hospitalized in a horrific Amtrak train accident. A car driven by Erin Brett Lindsay-Calkin with the two children as passengers crossed the railroad tracks at Mount Willing Road when the Amtrak train slammed into the vehicle, according to The Herald-Sun.

As mentioned earlier, the 5-year-old boy was killed along with Mrs. Lindsay-Calkin. The 4-month-old baby is in "fair" condition at N.C. Memorial Hospital. My deepest sympathies go out to their friends and family. A train wreck of this nature is always terrible, but for it to happen just before Christmas has to be devastating for their loved ones.

The Amtrak train was running behind schedule. It was headed for Durham, North Carolina (NC) with 295 passengers on board. The early reports indicate no passengers were injured, but passenger injuries usually aren't reported until the train reaches the final destination.

It's been a bad year for Amtrak in terms of fatal train crashes. Amtrak has been involved in dozens of accidents in North Carolina (NC). In 2008, Amtrak had 92 train accidents and close to 1,500 train incidences where nearly 120 people were killed. Just a few weeks ago, two children in an SUV were hit and killed by an Amtrak train in Durham.

Johnston County Ambulance Flips Causing Three Vehicle Accident

jcooper@hsinjurylaw.com (Blog Author)24008 — Mon, 28 Dec 2009 08:00:00 EST

During the call of duty, first responders in Johnston County, North Carolina (N.C.) were involved in a 3 car chain-reaction wreck when their ambulance crashed on N.C. Highway 210 just the other day. The force of impact in the collision caused the ambulance to flip over, injuring its occupants.

As reported by Johnston County officials, the ambulance flipped near Old Fairgrounds Road which borders the Harnett County line. After the ambulance flipped, it then struck an SUV. The three emergency workers that were inside ambulance at the time of the crash were transported to WakeMed.

The paramedics that came to the accident scene took a total of three people from inside the other two vehicles to the hospital. According to authorities familiar with the crash, it appears that the injuries of all the victims involved were serious, but not life-threatening. Upon initial investigation by Johnston County officials it seems that the ambulance driver may have gone through the intersection before it was clear.

Ambulance drivers and EMS workers are often involved in accidents while responding to emergency calls and transporting injured patients. Tragically, EMS workers riding in ambulances can themselves be victims. Each year hundreds of workers putting their own lives on the line to help others are seriously injured or killed in ambulance accidents.

It is too soon to know who caused this wreck. When there are injuries, a full investigation will likely take place. Sometimes the emergency driver will be found at fault for not following the safety practices they should obeyed, and sometimes it is the other driver who messed up. Either way, I hope everyone recovers and that the insurance companies on the hook do what they are supposed to for the folks who got hurt.

bm

Deadly Fayetteville, North Carolina Head-On Collision Kills Three

jcooper@hsinjurylaw.com (Blog Author)24007 — Mon, 28 Dec 2009 08:00:00 EST

Head-on collisions are often one of the most deadly types of road traffic accidents as evident in Fayetteville, North Carolina (N.C.) where three people, including an infant, died following an afternoon head-on collision.

As reported by WRAL news, a Ford Mustang, driven by Tristan Hanna, 26, of Webster, N.Y., hit a Ford Explorer driven by Hien Truong, 26, of Parkton, North Carolina. The head-on collision took place at the 2800 block of Hope Mills Road just before 2:30 p.m..

As a result of this head-on collision, Hanna, Truong and Truong's infant daughter would later die at UNC Hospitals in Chapel Hill according to Fayetteville police Sergeant, Dave Servie. Investigators assigned to the accident have speculated that the driver of the Ford Mustang, Hanna, may have veered left of the center line, which may have contributed to the collision.

Hanna's fiancee that was riding in the Mustang and a third passenger in the SUV, Truong's wife, are listed in serious condition at Cape Fear Valley Medical Center in Fayetteville, North Carolina (N.C.).The wreck was so severe that it took the police and emergency crews almost two hours in order to clear up Hope Mills Road for traffic again.

The U.S. Department of Transportation's Federal Highway Administration reviewed research of traffic speed in relation to vehicle crashes and this is what the summary stated:

That the risk of having a crash is increased both for vehicles traveling slower than the average speed, and for those traveling above the average speed.
That the risk of being injured increases exponentially with speeds much faster than the median speed.
That the severity of a crash depends on the vehicle speed change at impact.
That there is limited evidence that suggests that lower speed limits result in lower speeds on a system wide basis.
That most crashes related to speed involve speeding too fast for the conditions.

A head -on crash involves the third point set out above. The change in speed when cars crash front end to front end is typically high. This type of accident has an increased likelihood of the serious bodily injuries seen in this sad event in NC. Our hearts go out to the victims and families.

bm

Two Injured in Moped Accident in New Hanover County, North Carolina

jlewis@hsinjurylaw.com (Blog Author)24004 — Sun, 27 Dec 2009 08:00:00 EST

A man and a woman were injured in an accident on a moped after they were struck by a car in New Hanover County, North Carolina (NC).

The moped accident occurred in Wilmington at the intersection of Carolina Beach Road and Medical Center Drive. An Infiniti was turning on to Carolina Beach Road from Medical Center Drive when the driver struck the moped. The man and women on the moped were taken to the New Hanover Regional Medical Center. The driver of the Infiniti was not injured, but may face charges.

Mopeds, like motorcycles, can be difficult for other drivers to see, and accidents like the one in Wilmington are all too common in North Carolina (NC). Often mopeds and motorcycles can get in to a driver’s blind spot, causing the driver to hit the smaller vehicle.

As drivers we should always remember to share the road with smaller vehicles like motorcycles and mopeds. The injuries drivers of these types of vehicles can sustain are far greater then when two cars get in to an accident.

400 Car Wrecks in North Carolina Due to Winter Storm

Sat, 26 Dec 2009 08:00:00 EST

When there's a winter storm in the Carolinas, there appears to be an invariable spike in automobile accidents. During our recent blizzard in the Carolina region, 400 auto wrecks occurred in the Charlotte, NC metro area,according to the Charlotte Observer.

Snow walloped roads in portions of the Greensboro and Winston-Salem areas along with Durham, North Carolina (NC). Considering North Carolina averages 7.6 inches of snow per year, this winter storm (which produced over 6 inches in many areas in one day) overwhelmed many Carolinians and the high number of car accidents provides evidence.

The driving conditions are especially harrowing in the mountains and foothills. You certainly don't want to suffer a serious injury from a car wreck in these areas since getting to a hospital for medical attention can be challenging in bad weather.

It's not surprising so many crashes took place since there was a volatile mixture of snow and black ice on the roads. Black ice is virtually transparent so you don't know you've encountered it until your vehicle spins out of control on the road and you wind up in the hospital with a serious injury from a major accident.

Our firm has written about the dangers or serious injuries associated with black ice and other winter weather threats. We recommend you don't drive in the midst of a winter snow storm, but if you have to brave the wintery weather, be sure you have good tires (appropriate tread) and here are some other winter driving safety tips...

Drive defensively and remain calm
If you get caught in the snow or freezing rain, take your time
Do not speed (go at least 10 miles under the speed limit)
Don't panic if someone stops suddenly in front of you
Don't hit the brakes suddenly
Place chains on your tires if the snow is thick and abundant on the roads

Man Killed in Fatal Columbia, South Carolina Car Accident

jlewis@hsinjurylaw.com (Blog Author)23975 — Sat, 26 Dec 2009 08:00:00 EST

Recently a car accident on Two Notch Road in Columbia, South Carolina, (SC) killed one man, and left others seriously injured.

The car accident occurred when the driver of a Pontiac, Darren T. Harrell, lost control of his vehicle on Two Notch Road. He crossed over the median, and struck a Nissan SUV. A third driver swerved to avoid the car accident, but was unable to stop themselves from hitting the Pontiac.

The driver of the Nissan SUV and three passengers were taken to Providence Hospital to be treated for serious injuries sustained in the car accident. The driver and passengers of the third vehicle involved did not sustain any injuries. Tragically, Darren T. Harrell died at the scene of the accident.

Unfortunately, there is very little the SUV could have done to prevent the Pontiac from crossing the median and striking them. When a driver loses control of their car an accident can happen quickly. As a personal injury attorney who often represents car accident victims, I know firsthand how suddenly these types of accidents occur. Often, the driver who is struck does not even realize what is happening until it is too late. Thankfully, both the driver and passengers of the SUV will recover from their injuries.

Efland Police Determine Cause for Fatal Train Accident

anchco@gmail.com (Blog Author)23974 — Sat, 26 Dec 2009 08:00:00 EST

Recently, my colleague, Jim Lewis, wrote an article about a fatal train accident that occurred in Efland, North Carolina (NC). A young woman and her 4-year old son were killed in that accident, and the woman’s infant daughter was seriously injured.

The Efland Police Department has been looking in to what led up to the death of Erin Lindsay-Calkins and her son. They’ve determined that the glare from the sun holds the most blame in this tragic case. According to a witness who lives by the train tracks in Efland, David Lee, “You're basically staring into the sun, and the way the [warning] lights are turned, you still can't see them because the sun is right in your face."

The Federal Railroad Administration (FRA) is now investigating the accident themselves, and North Carolina (NC) officials have admitted that this tragic accident sheds a light on unsafe railroad crossings in the state. Currently, North Carolina is one of the 15 most dangerous states for railroad crossings.

Driving in to the sun can be extremely dangerous, especially near train tracks. The sun often blinds the driver; preventing them from being able to see if train warning lights are activated. There are a few measures you can take to improve your daytime vision. Be sure to wear sunglasses that properly shield from the rays of the sun anytime you are driving. You can also utilize your car’s sun visor. However, if you feel that the sun is blocking most of your vision, it is safer to pull over or drive against the glare of the sun.

Three People Killed in Car Accident in South Carolina

Thu, 24 Dec 2009 08:00:00 EST

According to the South Carolina Highway Patrol, a driver was heading east on Tomahawk Road in Darlington County, South Carolina (SC) with two passengers when he lost control of his car. The driver crossed the center lane on Tomahawk road and struck an SUV head-on.

The driver of the car and the two passengers inside died at the scene of the car accident. The driver of the SUV was taken to Carolina Pines Hospital. She is in critical condition. The South Carolina Highway Patrol is not sure what caused the driver to initially lose control of his vehicle.

One out of ten head-on collisions victims die as a result of their injuries. That makes head-on collisions one of the most dangerous types of car accidents. Head-on collisions often occur on small highways where there is no median to divide the lane. Drivers can become distracted, lose control of their vehicle, or even fall asleep at the wheel. While these types of roadways can be safe for drivers, they can turn deadly in an instant. That is why is important for drivers to pay attention to the road at all times.

If you or someone you know has been a victim in a head-on collision, a personal injury attorney can help you get the compensation you need to get back on your feet. The lawyers at Shapiro, Cooper, Lewis & Appleton have handled thousands of car accident cases.

Driver to be Charged With Murder After DUI Car Accident in Wake Forest, North Carolina

Thu, 24 Dec 2009 08:00:00 EST

The Wake Forest Police Department will be charging the driver of a vehicle that killed a man in Wake Forest, North Carolina (NC) with second degree murder. The recent car accident occurred after Pedro Guity crossed in to oncoming traffic on Capital Boulevard and struck Robert Harris. Pedro Guity was taken to WakeMed hospital where he recovered from his injuries. Tragically, Robert Harris died as a result of the car accident. Blood screens on Guity revealed he was under the influence of alcohol at the time of the accident.

Pedro Guity is one of thousands of North Carolina (NC) residents who chose to get behind the wheel after having too much to drink. According to the National Highway Traffic Safety Administration (NHTSA) 423 people in 2008 died in alcohol-related car accidents in North Carolina.

Every year we see an increase in drunk-driving car accidents around the holidays. Holiday parties, dinners, and family gatherings often have alcohol in abundance, and people are more prone to drinking and attempting to drive home afterwards. Drinking and driving is never a good idea. North Carolina has strict laws on drinking and driving that could cost your drivers license, or put you in jail, even if you do not have a car accident.

Keep yourself and your loved ones safe this year and set-up a designated driver before you go to your holiday party. The designated driver program has helped to save thousands of lives across the U.S.

Woman and Child Killed in Train Accident in Efland, North Carolina

jlewis@hsinjurylaw.com (Blog Author)23944 — Thu, 24 Dec 2009 08:00:00 EST

Authorities are still investigating the train accident that killed a young woman and her 5-year old son in Efland, North Carolina (NC) recently.

26-year old Erin Lindsay-Calkins, her 5-year old son, and 4-month old daughter were traveling on Mount Willing Road in Efland when Calkins attempted to cross the railroad tracks. She was struck by an Amtrak train. Calkins’ 4-month old daughter was taken to UNC hospitals where she is expected to recover. Sadly, Erin Lindsay-Calkins and her 5-year old son died in the accident. There were 215 passengers onboard the Amtrak train; none were injured.

Initial investigations show the train stop-arms were functioning at the Mount Willing Road Crossing. However, witnesses that live in the area reported that the stop-arms often malfunctioned. One witness told reporters that she had called about the stop-arm several times.

My deepest condolences go out to the Lindsay-Calkins family. I've represented many train accident victims and have witnessed the challenges and difficulties of losing a loved one. Often, these accidents are preventable, especially when a malfunction of the electronic gates and lights at a crossing cause such an accident.

North Carolina in the Top-15 for Train Crossing Collisions

jlewis@hsinjurylaw.com (Blog Author)23943 — Thu, 24 Dec 2009 08:00:00 EST

The spotlight has been placed on train crossing safety in North Carolina (NC) due to their ranking as one of the top areas for train crossing collisions, according to the Federal Railroad Administration Statistics.

Numerous fatal train wrecks have occurred over the past few months. Our firm has written about these tragic accidents and each one is heart breaking. Here is a list of some of the articles...

The North Carolina Department of Transportation (NCDOT) is revising their safety guidelines for rail crossings. This is necessary considering 69 car-train crossing collisions took place in the Tar Heel State ranking it 12th out of the top-15 states for such collisions.

"We'll see if we need to enhance signs or update pavement markings to make them bolder and more visible," said Paul Worley, the director of engineering and safety for NCDOT. "In addition, we'll look at revisions in the geometric design of the flashers in some places.

I recommend they review the timing, design and enforcement of the rail crossing bars which drop down once a train is approaching a rail crossing. Some of these fatal train crashes featured vehicles getting stuck between the bars without any maneuverability to get out due to traffic congestion on both sides.

In 2008, there were 2,391 rail crossing collisions in the United States with 64 percent of those collisions taking place in the top-15 states. We can do better than this. We need to do better than this. Always keep in mind that small children, mothers, fathers, brothers, and sisters lost their lives in these senseless collisions.

Two Killed in Orange County, North Carolina as Amtrak Train Hits Car

Tue, 22 Dec 2009 08:00:00 EST

Two people were killed as an Amtrak train was making its way from Charlotte to New York slammed into a car at an Orange County, North Carolina railroad crossing.

According to NC Highway Patrol Sergeant Jeff Gordon, the car was in the process of crossing the railroad tracks in the town of Elfland, North Carolina Tuesday morning when it was struck by the train. The woman driving was killed along with a 5 year old boy who was thrown from the back seat. The trooper also reported that a 3 month old girl was pulled from the wreckage and taken to UNC hospitals in Chapel Hill.

Tracy Connell, an Amtrak spokesperson indicated that none or the 215 passengers on the “Carolinian” passenger train were hurt as the route was delayed for approximately two hours.

Did you know that many railroad crossings are unguarded and even those with lights and gates may malfunction? You can imagine how a tragic event such as the one that occurred in Elfland might have been prevented, if there was a malfunction of electronic lights or gates. Our heart goes out to the young woman and child who lost their lives today. We pray that the infant survives the wreck. Railroad crossing accidents involving a train can easily cause devestation. When a train hits a typical motor vehicle, whether it’s a car, truck or SUV, the end result is usually catastrophic.

We recommend that whether or not there are active lights and gates, that you never cross a railroad crossing without slowing to get a clear view in both directions. Sometimes, when a car driver knows that a crossing has active lights and gates, the driver may purposefully assume that the crossing is safe to cross. We do not yet know if this is what occurred in this case but the NTSB or Federal Railroad Administation will investigate this crossing death case.

bm/rns

Absurdly Low Fine for Tragic Fireworks Explosion which Killed Four Workers on Ocracoke Island

jcooper@hsinjurylaw.com (Blog Author)23766 — Mon, 21 Dec 2009 08:00:00 EST

There appears to be a blasé attitude about fireworks explosions in North Carolina (NC). Melrose South Pyrotechnics, the company involved with the terrible July 4th fireworks explosion that killed four people and seriously injured a fifth on Ocracoke Island, was fined $44,800 due to violating 11 safety provisions. The maximum fine was NOT imposed by the Department of Labor, according to The Virginian-Pilot.

This fine is absurdly low and sends a signal that it's okay to be lackadaisical with fireworks safety procedures. It's especially outrageous considering Melrose Pyrotechnics was cited for safety violations that led to a 24-year-old employee getting killed in an explosion at the company's South Carolina (SC) plant.

The fifth worker, who suffered serious burns, in the Ocracoke Island explosion, is facing a lifetime of pain and rehabilitation since 13 percent of his body is covered in third-degree burns. Does a $44,000 fine really send a message to Melrose Pyrotechnics that their safety failures are unacceptable? Will it satisfy this injured worker and provide solace that an accident of this nature won't happen again? What about the families who lost a loved one in the fireworks explosion? This fine is a slap on the wrist.

I believe legal action is warranted in this tragic situation. Melrose Pyrotechnics has displayed an indifference to employee safety and lives have been lost due to their negligence. If the Department of Labor won't throw the book at this company, then maybe justice will be served in a court of law.

A Head-On Collision in Fayetteville, North Carolina Kills Three People

jlewis@hsinjurylaw.com (Blog Author)23692 — Sat, 19 Dec 2009 08:00:00 EST

A car accident occurred on Hope Mills Road in Fayetteville, North Carolina (NC) that left three dead and two injured.

The fatal car accident occurred when a Ford Mustang crossed over the center line on Hope Mills Road and hit a Toyota Highlander head on. The impact of the crash forced the Highlander in to a furniture truck. The driver of the Ford Mustang, Tristan Hanna, was taken to UNC Hospital in Chapel Hill, North Carolina (NC). His fiancé, the only passenger in the Mustang, was taken by ambulance New Hanover Regional Medical Center in Wilmington. The driver of the Toyota Highlander, Hien Troung, and his infant daughter were also taken to UNC Hospital. Hein Troung’s wife was taken to Cape Fear Valley Medical Center in Fayetteville.

Tragically, Tristan Hanna, Hein Troung, and Troung’s infant daughter died as a result of injured they sustained in the car accident. Troung’s wife and Hanna’s fiancé remain in the hospital in critical condition.

The Fayetteville Police Department feels that speed may have been the main factor in the car accident. When a driver is speeding, it is easy for them to lose control of their car. This can lead to the driver crossing in to oncoming lanes and causing a head-on collision. Head-on collisions come on suddenly and can be fatal. As a driver, it is imperative that you follow posted speed limits; it may save your life.

Townville, SC, Car Accident Leaves Driver Dead

anchco@gmail.com (Blog Author)23437 — Tue, 15 Dec 2009 08:00:00 EST

South Carolina Highway Patrol Troopers reported that a 25-year-old man was killed in a one-vehicle accident just feet from his home in Townville, South Carolina on Monday night. Brandon Rhodes was on his commute from work at around 11 pm heading west on Highway 24 near Smithpoint Road when he left the roadway on the right side and crashed into several trees just short of his house.

The Anderson County Coroner's Office said that the man was not wearing a seatbelt and was thrown from his car due to the force of the accident. Police say that the initial investigation of the wreckage hints that speed was a factor in the deadly SC crash.

Car accidents are a leading cause of death for young men – their tendency to speed and to not wear their seatbelt are two reasons that fatal accidents among men under 30 are all too common.

ATV Hazards Analyzed as Wilmington, NC Man Dies in Collision

jlewis@hsinjurylaw.com (Blog Author)23372 — Mon, 14 Dec 2009 08:00:00 EST

According to Wilmington, North Carolina police department, a driver of an ATV died while colliding into a truck. WECT News Channel 6 reported that Ronny Paul Ballard, 32, was on an ATV when it collided with the truck. The accident occurred on Shipyard Boulevard near the intersection of Carolina Beach Road. Ballard was transported to New Hanover Regional Medical Center where he later would die.

It has been nearly 20 years since the federal government declared ATVs an "imminent hazard". By public outcry and political pressure, manufacturers were forced to drop unstable three-wheel models in favor of the four-wheelers in today's ATV market. Regulators were able to make the entire industry to adopt safety warnings as well as offer rider training in an effort to stem off the rising death rates from riding such vehicles.

Federal officials have fallen down on the job since then and have done little more than count the dead as proven by grim body counts in most states. Over the past decade, ATVs have become immensely popular with almost 8 million in use. With this popularity has come record numbers of riders in emergency rooms and morgues. In 2002, ATV crashes resulted in 357 fatalities and 113,900 injured riders with the fatalities up by 67 percent from 1997. The number of injured riders more than doubled in the same time period. A grim statistic that you won't hear from ATV manufacturers is that 25% of the dead and nearly a 33% of the injured are children. While the death rates of youth using these vehicles has spiked in the U.S., the industry insists voluntary safety standards that are already in place are working.

It is ironic that as ATV companies have added new features such as four-wheel drive and power steering to allure more buyers, they haven't resolved the primary safety issue: overturns. They flip over with terrible regularity and in the process smash faces, break necks and crush chests. ATV manufacturers like Honda, Polaris, Yamaha, Kawasaki, Suzuki, Bombardier and Arctic Cat all insist that their machines are stable and safe if operated properly.

Faulting naïve riders for accidents, Honda's safety slogan is "stupid hurts". Although reckless driving can be blamed in some instances, the federal government has not done any real testing of safety on ATVs since the early 1990's. It is clear that as casualties continue to spike in ATV related accidents that there is a growing list of concerned trauma surgeons, pediatricians, public health officials, consumer advocates and bereaved parents who are demanding action for improved safety regulations and changes for these dangerous vehicles.

bm

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Bus Wreck on Cedar Mountain, North Carolina Hospitalizes Fourteen People

Mon, 14 Dec 2009 08:00:00 EST

A three-bus wreck took place in the mountains of western North Carolina near Greenville, SC, which sent fourteen people to four area hospitals last Friday afternoon. The three buses were carrying students of Blythewood Middle School who were coming from the YMCA Camp Cedar Creek, NC. According to the police, the three buses were heading along US 276 when the second bus hit the first, causing it to go off the right side of the road and hit a tree near Persimmon Ridge.

Apparently, the second bus had brake problems possibly due to overheating. Deborah Kiser, one of the bus drivers was among those taken for treatment, but the extent of her injuries was still unknown. Three children and four adults were taken to Greenville Memorial Hospital for possible minor injuries. Three of the bus accident victims were much younger and were taken to St. Francis Pediactric Hospital but information on their condition was not released by the hospital spokesperson.

As a legal matter, a bus accident occurs when a bus is involved in an event or combination of events that causes harm such as property damage, personal injury and/or death. According to recent data published by National Highway Traffic Safety Administration (NHTSA), 22.4 percent of bus crashes involved a collision with another motor vehicle. Another 25.8 percent involved collisions with stationary objects and other non-motorized objects; a whopping 51.7 percent involved incidents where no collision occurred, such as rollovers. Most of these accidents involved an element of negligence, frequently corresponding to a traffic law violation.

bm

Tractor-Trailer Accident in Greensboro, North Carolina Leaves Two Dead

jlewis@hsinjurylaw.com (Blog Author)23286 — Sat, 12 Dec 2009 08:00:00 EST

According to the North Carolina Highway Patrol, a tractor-trailer is to blame for the two deaths that occurred on I-85 in Guliford County outside of Greensboro, North Carolina (NC).

A woman traveling with her daughter pulled her car in to the right travel lane of I-85 near Rock Creek Dairy Road; likely having car trouble. While the woman was parked in the right lane, a tractor-trailer hit her car from behind; killing her and her daughter. The North Carolina Highway Patrol has not yet filed charges in the tractor-trailer accident.

Highways like I-85 can be extremely dangerous for drivers who are forced to pull off the roadway. The North Carolina Department of Crime Control and Public Safety offers these tips on handling a car break down and avoiding a car accident while you are driving: First, pull your car as far off the roadway as possible. Once you have pulled your car off the road, exit the car through the passenger side and have everyone exit the vehicle. Do not leave any passengers in the car. Once everyone has exited the vehicle, stand away from the roadway. Do not stand near your vehicle. Finally, if it is dark outside, be sure to use your emergency flashers. It is difficult for other drivers, especially drivers traveling at high speeds, to see parked vehicles. Using your emergency flashers will help others see you.

Tragically, not all accidents like the one that happened on I-85 can be avoided. If you have been involved in a car accident after a break down, it is likely that car accident is not your fault. A personal injury attorney may be able to help you.

East Wake High School Teenager Dies after Knightdale, North Carolina Car Accident

Sat, 12 Dec 2009 08:00:00 EST

Recently, I wrote an article about a car accident involving two teenagers in Knightdale, North Carolina (NC). The teenagers, from East Wake High School, were traveling on Puryear Road when the driver lost control of the vehicle. The teenager went off the road, hit an embankment, and flipped over several times.

At the time the article was written, both teenagers had been taken to WakeMed hospital where they were being treated for injuries. Tragically, the passenger recently died at as a result of injuries they sustained in the car accident. The driver has been released from WakeMed hospital.

Sadly, this is the second tragedy to strike East Wake High School this year; another teenager was killed in a car accident in January. Counselors have been dispatched to the high school to help the grieving process for fellow students and friends of these two teenagers.

Two Children Killed in Tragic Amtrak Accident in North Carolina

jcooper@hsinjurylaw.com (Blog Author)23237 — Fri, 11 Dec 2009 08:00:00 EST

Another horrible train accident took place at the intersection of Ellis Road and Angier Avenue in Durham, North Carolina (NC). Two children died when an Amtrak train slammed into the SUV carrying the children and their mother, according to the News Observer. The mother is currently being treated at Duke University Hospital.

There are many questions that need to be answered regarding this Amtrak train crash. For example, why didn't the train stop? If the SUV was stuck between the tracks and couldn't move, wasn't it visible to the train operator? Did the crossing signals work properly? Was there something wrong with the track profile or grade crossing road surface that hung the car up? Did Amtrak or CSX Railroad, which owns many of the tracks the passenger trains operate on in North Carolina, make changes to warn motorists of the risks associated with getting trapped on the locomotive's path? We'll have to wait and see what the accident report reveals.

This intersection has a history of fatal train wrecks. In total, there have 10 crashes at this exact intersection since 1975 including a recent fatal car-train accident in 2001.

The Amtrak "Carolinian" train was traveling towards Charlotte, North Carolina (NC) and carrying 129 passengers, none of whom were harmed by the accident, according to the reports. However, many of the early reports of the number of injuries to riders on the train are wrong since, unless a life-threatening injury occurs, folks typically get their treatment once they get home or to their destination.

Amtrak has been involved in dozens of accidents in North Carolina (NC). In 2008, Amtrak had 92 train accidents and close to 1,500 train incidences where nearly 120 people were killed. Just a couple weeks ago, two Britthaven nursing home residents were hit and killed by an Amtrak train.

There needs to be a review of the safety procedures for Amtrak. Those accident numbers are unacceptable and a major cause for concern.

Beaufort County Dump Truck Crash Kills Two

Thu, 10 Dec 2009 08:00:00 EST

A fatal crash in Beaufort County involving a dump truck and a car has left two people dead and people in the Aurora, North Carolina (N.C.) community wondering what exactly happened. The victims of this tragic wreck included the driver, 77year old Daniel Williams and 61 year old passenger, Jeannie Moore.

According to NC State Troopers, the collision occurred just before 10 A.M leaving what spectators would call a mangled mass of metal after the crash. As reported, the car pulled out from Bonnerton Rd just west of Aurora failing to yield to traffic coming down Highway 33. Almost immediately, the dump truck careened into the car killing both of the Blount Creek residents in one fatal moment.

WITN News reported that it's possible the sun may have impaired the car driver's vision. It is not entirely clear what caused Williams to pull out onto Highway 33 at that point in time, but Troopers are investigating further to determine what may have happened. The road was closed for several hours as emergency crews cleared the accident scene. Beaufort County has had 13 fatal accidents this year with almost half coming from Highway 33.

Dump trucks are normally built for some amount of off-road or construction site driving; as the driver is protected by the chassis and height of the driver's seat, bumpers are either placed high or omitted for added ground clearance. The disadvantage is that in a collision with a standard car, the entire motor section or luggage compartment goes under the truck. Thus, passengers in the car could be more severely injured than would be common in a collision with another car

Our hearts go out to Mr. Williams and Ms Moore and to the loved ones they left behind. They will be sorely missed in their community as they were loved and respected by many. As evident by the damage of their car and the after effects of this tragic wreck may give us hope that their deaths were quick and painless.

bm

Charlotte, NC Hit-and-Run Accident Injures One

Thu, 10 Dec 2009 08:00:00 EST

A two vehicle accident took place at the intersection of West 7^th Street and North Graham Street in Charlotte, North Carolina (N.C.) which sent a limo driver to the local hospital. According to Charlotte-Mecklenburg Police Department, the limo driver was about to open the door for a passenger when he was suddenly struck by a passing truck driven by Kyle Carter, 23. Carter continued driving and failed to stop and check on the driver's condition.

The limo driver was taken to the hospital and was treated for minor injuries. A short time later, police located Carter's vehicle on the Brookshire Freeway and charged him with hit-and-run and driving while impaired. Additionally, drug paraphernalia was found inside his vehicle making matters much worse.

According to a Drunk Driving Facts and Figures by ehow.com, motor vehicle accidents involving alcohol kills 36 people each day in the United States. Worldwide, it's estimated that approximately 70 people die every day in alcohol-related crashes. The statistics clearly show that our roads and highways are not as safe as you might be lead to believe.

If you are a parent with children who are driving age, please make sure that they are physically and emotionally capable of driving. Although training and classes for teens have improved over the years, it seems there are a many more distractions these days, especially in the form of a cell phone, or ipod.

bm

Gloverville Man Charged After Wreck With Driving Too Fast For Conditions

anchco@gmail.com (Blog Author)23212 — Thu, 10 Dec 2009 08:00:00 EST

The speed limit is exactly that: an upper limit, not a suggested speed. While drivers are allowed to drive at the speed limit in fair weather and good conditions, drivers are expected by law enforcement to slow down in wind, rain, ice, fog, and snow.

This was the case in Gloverville this Monday when 31-year-old Ben Hughes was charged with driving too fast for the conditions by South Carolina Highway Patrol. Hughes was driving down Pine Log Road in rain when he rear-ended the car in front of him driven by 89-year-old Wallace Bush. The car accident due to speeding in inclement weather stopped traffic on Pine Log Rd. for almost an hour, though no one was seriously injured in the crash.

Police say Wallace had applied his brakes when a car in front of him slowed down to turn left.

South Carolina Catching Up to North Carolina, Considers Texting while Driving Ban

Wed, 09 Dec 2009 08:00:00 EST

Two bills are working their way through the South Carolina State House aimed at restricting cell phone use in automobiles. A bill authored by Rep. Don Bowen of Anderson and Oconee Counties would ban texting while driving, according to counton2.com. Another bill would require the use of hands free devices if someone uses their cell phone while driving.

South Carolina appears to be following the lead of North Carolina, which already passed a texting while driving ban. If you're caught texting behind the wheel in North Carolina, you'll face a $100 fine, though the fine will not add points to your driving record.

South Carolina took it a step further and is trying to join the six states which mandate the use of a hands free cell phone device.

There are currently 19 states which restrict texting while driving and that number appears to be growing rapidly. It wouldn't surprise me to see some form of texting laws in all 50 states in the near future.

The motivation behind all this new legislation is the recent reports and studies showing texting while driving is just as dangerous as drunk driving. Our firm has been on top of this issue. We wrote a special report about distracted driving and devoted an extensive section to the risks associated with texting and driving.

I'm glad to see South Carolina making these necessary steps to improve driver safety and I hope more states take the extra effort to legislate a requirement for the use of a hands free device.

How to Stay Safe From Tractor Trailers While Driving Your Car

Wed, 09 Dec 2009 08:00:00 EST

My colleague, Emily Mapp Brannon, wrote an article on the Virginia Trucking Accident blog about some of the common risk factors associated with driving next to a tractor trailer truck while on the highway. Please read the full article about how deadly truck accidents are when a car is involved and learn some pre-emptive strategies to protect yourself from big rig crashes.

Two Fatal Crashes in Charlotte, NC Leaving One Dead

Wed, 09 Dec 2009 08:00:00 EST

Two separate accidents took place in Charlotte, NC which killed one person and sent another one to hospital with serious injuries. The first accident happened at around 9 p.m. Wednesday in Queen City Drive near Gateway Boulevard. Jason Havard, 31 was in a motorcycle when it swerved off the center line and off the roadway. Apparently, Havard was over speeding and was thrown off the motorcycle about 40 feet away. He died at the scene of the accident.

The second accident took place 30 minutes later at the intersection of South McDowell and 4^th Streets. A pedestrian was crossing the street when a vehicle hit her from nowhere. She was immediately rushed to Carolinas Medical Center where she was listed to be in critical condition with life-threatening injuries. The two accidents are still under investigation and no word yet if the driver who hit the pedestrian will be charged.

The first accident was reported to be driver's fault in which he was speeding over the limit which caused the motorcycle to swerve off the road, killing him. Motorcycle drivers should be careful and moderate their speed, unlike cars; motorcycles do not have the stability having only two wheels. Among motorcycle accidents, there is a high probability that the driver would most likely sustain a serious, if not fatal, injuries.

According to pedestrian crash statistics an estimated 70,000 pedestrians were injured or killed in motor vehicle collisions, which represents 2% of the 2.9 million total persons injured in traffic crashes. It should be noted that pedestrians have a higher chance of avoiding these types of accidents by crossing on designated sidewalks only and anticipating oncoming vehicles. Likewise, drivers should avoid speeding, especially at pedestrian crossings.

bm

Driver Charged With DUI in Fatal Wrong Way Car Accident in Myrtle Beach, South Carolina

Wed, 09 Dec 2009 08:00:00 EST

A Myrtle Beach, South Carolina (SC) woman, who struck and killed another driver while driving drunk, is now facing charges for a DUI involving death.

The woman, Lynne Slay, was driving the wrong way on US-17 Bypass when she collided with another vehicle. The driver of the other vehicle, Barrianne Deas of Georgetown, died at the scene of the car accident after sustaining multiple traumas. The South Carolina Highway Patrol arrested Lynne Slay and took her to the J. Reuben Long Detention Center where she now faces DUI charges.

Drinking and driving is a serious, and often fatal, problem in the U.S. In South Carolina (SC), 46% of all fatal car accidents involved alcohol. Nationwide, over 11,000 people, like Barrianne Deas, die in drunk driving car accidents every year.

Drunk drivers are dangerous. Alcohol impairs the driver’s ability to reason and respond quickly. Slay traveling the wrong way on the US-17 Bypass is a perfect example of what can go wrong when a driver chooses to drink and drive. Often, drivers will miss key road signs. They can end up running red lights, speeding, or driving the wrong way.

The lawyers at Shaprio, Cooper, Lewis & Appleton compiled a list of ways you can spot a drunk driver and stay safe on South Carolina Roadways. This list includes; drivers who are driving far below or far above the posted speed limit, drivers who come close to hitting objects or other vehicles without noticing, and drivers who are driving erratically. Read through the list carefully, it might save your life.

Toyota Facing another Recall- Stalling Engines May Cause Car Accidents

jlewis@hsinjurylaw.com (Blog Author)23135 — Wed, 09 Dec 2009 08:00:00 EST

Recently Toyota filed two of the largest vehicle recall claims in history, encompassing over 3 million vehicles from Toyota and Lexus. Now it appears the car manufacturer may be issuing a third recall.

The first recall involved the floor mats in several Toyota models including; Camry, Prius, Avalon, Tacoma, Tundra, ES350, IS250, IS350 and lexus. The floor mats in these models are known to become lodged around the accelerator, causing it to stick. The floor mats are thought to have caused a least one fatal car crash. My colleague, John Cooper, wrote an article about a California Highway Patrol officer who got in to a car accident after the floor mats in his Lexus stuck. The accident killed the Highway Patrol officer and his family.

The second recall included the Toyota models Camry, Prius and Lexus ES350. According to Toyota, the accelerator pedals were too long on these models, and had to be recalled to be shortened them by ¾ of an inch.

Now federal investigators are researching the possibility of engine stalls on certain Toyota models. The National Highway Traffic Safety Administration (NHTSA) has received twenty-six complaints of engines stalling on the Toyota Corolla and Toyota Matrix. Some of these reports stated that the engine will stall randomly while the driver is operating the vehicle on the highway or at intersections. This could pose a serious and even life threatening car accident.

If you own any model of Toyota or Lexus we urge you to visit Toyota’s website for both current recall details. We will follow the possibility of a third recall as news becomes available, in the meantime, be safe and take these recalls seriously.

Firefighter Critically Injured in Raleigh, North Carolina School Bus Accident

jcooper@hsinjurylaw.com (Blog Author)23101 — Tue, 08 Dec 2009 08:00:00 EST

The Raleigh Police Department is still investigating the cause of a bus accident that left a firefighter trapped inside his truck. The school bus, carrying seven children from Southeast Raleigh High and Centennial Middle School, was traveling on Ligon Mill Road near US Hwy 401 when the bus crashed in to the firefighter’s truck, forcing him off the road. A third car, a station wagon, was also involved in the crash though Raleigh police are not sure how.

It took the Raleigh Fire Department forty-five minutes to free fellow firefighter, Lt. Harry Kissinger from his truck. Lt. Kissinger was taken to WakeMed hospital where he is being treated for serious head injuries he sustained in the bus accident. The driver of the school bus and the driver of the station wagon were also taken to local Raleigh, North Carolina (NC) hospitals where they are being treated for serious injuries. Thankfully, none of the seven children on board the school bus were hurt in the accident.

Accidents involving school buses are more commonplace then one might think. According to the North Carolina Department of Public Instruction over 2,000 school bus safety violations occur every day and many of these violations lead to serious accidents or even deaths. My colleague, Jim Lewis, recently wrote an article about a school bus accident in Fayetteville, North Carolina (NC) that led to the death of one woman.

Drivers should use extra caution around school buses. Remember that buses make frequent and sudden stops. School bus drivers can also become easily distracted by noisy children on the bus. Drivers should always try to stay more then a car length from school buses and pay close attention to warning lights that indicate the bus driver is about to make a stop.

Two Teenagers Critically Injured in Car Accident in Knightdale, North Carolina

Tue, 08 Dec 2009 08:00:00 EST

According to North Carolina State Trooper, Beckley Vaughn, “Statistics show that teenagers are in some of the highest fatality groups and certainly some of the highest accident groups.” The car accident that occurred on Puryear Road in Knightdale, North Carolina (NC) recently proves Beckley Vaughn is right in his assessment.

Two teenagers, students at East Wake High School, were traveling back to East Wake from lunch when their car went off the road, hit an embankment, and flipped over several times. The driver and the passenger in the car accident where sent to a local North Carolina hospital. The driver was released later in the day, but the other teenager is still in the hospital suffering from critical injuries.

The car accident was investigated by North Carolina State Troopers who feel speed was a major factor in the crash.

If you have a teenage driver at home, discuss the seriousness of speeding and reckless driving as often as you can. By using real life examples, highlighting statistics like the one given by North Carolina State Trooper, Beckly Vaughn, and keeping an open line of communication between you and your young driver, you may be able to prevent another teen car accident from occurring in North Carolina. (NC)

Six Children Injured in Bus Accident in Greenville, South Carolina

jlewis@hsinjurylaw.com (Blog Author)23099 — Tue, 08 Dec 2009 08:00:00 EST

Three tour buses full of 150 children from Blythewood Middle School, and several adult chaperones, were headed to Greenville, South Carolina (SC) from a YMCA camp in Cedar Creek, North Carolina (NC) when one of the tour buses caused an accident that sent 14 children and adults to the hospital.

The three tour buses, part of Southern Connection Tours, were traveling on U.S. 276 in Greenville County bus accident. The second tour bus collided with the first bus causing the driver to swerve off the road and strike a tree near Persimmon Ridge.

At least three children and four adults were taken to Greenville Memorial Hospital. Three other children were taken to North Greenville Hospital, and three senior citizens were taken to St. Francis Hospital. According to the South Carolina Highway Patrol additional injured passengers may have been taken to other local South Carolina (SC) hospitals.

Bus accidents can cause serious, life threatening injuries. Typically, large school buses and tour buses have open seating that does not offer seatbelts or other restraining devices. When these buses wreck, passengers can literally be bounced around the inside of the bus; increasing their likelihood of injury.

Bus accidents are more common in North and South Carolina then one might think. If you or your child has been injured in a bus accident a personal injury attorney may be able to help you get compensation from the bus company involved in the accident.

Store Clerks Can Be Charged If Minor Dies in Fatal DUI/DWI Accident

Tue, 08 Dec 2009 08:00:00 EST

An underage individual visited a Family Foods store in Sunbury, North Carolina (NC) and purchased alcohol. This individual wound up dying in a single-car accident later that night. The store clerk who sold the alcohol is now charged with selling to a minor and Family Foods was charged with an administrative violation, according to The Virginian-Pilot.

A similar situation occurred in Lakewood, Colorado (CO) recently when a liquor store owner was charged with 10 counts of selling alcohol to minors who wound up involved in a fatal car wreck. A teen driver received a DUI charge as a result, according to thedenverchannel.com.

Let these incidences be a warning to all liquor stores, grocery stores, and convenience stores that selling to a minor could lead to serious legal ramifications. Always ask for ID. Its challenging to try and visually determine whos underage or not, especially in college-areas like North Carolina and Colorado.

Heres an article written by my colleague Rick Shapiro reviewing the North Carolina laws for DUI/DWI.

Underage drinking remains a major issue in our country. Over 94 percent of high school seniors and nearly 68 percent of eighth graders said alcohol is "very easy" or "fairly easy" to get, according to MADD. We, as taxpayers, take the brunt of this reckless behavior. Underage drinking cost the U.S. over $60 billion in 2005 dollars, according to udetc.com.

With nearly 95 percent of high school seniors saying alcohol is easy to get, this is why a crackdown on store clerks is so important. All businesses must understand the severity of selling alcohol to a minor. Not only should asking for an ID be necessary, but thoroughly examining the ID is essential. Dont accept just a simple flash of a poorly designed fake ID. Take a moment to look it over and make sure the ID is authentic.

We have to take this issue seriously. Tomorrows leaders are being taken from us far too soon due to fatal car crashes stemming from drinking and driving. An important way to curb these incidences is to cut off the supply by making sure every store clerk understands that selling alcohol to minors will not be tolerated.

Kannapolis, North Carolina Train Wreck Kills Two

jcooper@hsinjurylaw.com (Blog Author)23023 — Mon, 07 Dec 2009 08:00:00 EST

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

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

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

bm

Toyota Lacking in Roof-Crush Safety

jcooper@hsinjurylaw.com (Blog Author)23011 — Mon, 07 Dec 2009 08:00:00 EST

You may be surprised to find out Toyota, the world's largest and most popular car maker does a porous job of designing their vehicles for rollover accidents and general automobile safety. The Insurance Institute of Highway Safety (IIHS) tested the roof strength and crash durability of numerous vehicles. Not a single Toyota ranked in the top 10.

This is troubling since a rollover accident is devastating both for the passenger of a vehicle and the vehicle itself. The National Highway Transportation Safety Administration went so far as to say it's one of the most harmful accidents that can take place. In fact, roughly 10,000 people die every year in rollovers.

The primary cause of the extensive damage is the lack of sufficient roof-crush protection. As the accident name implies, a rollover places a high level of pressure and weight on the vehicle's roof. Some auto companies recognize this safety risk and design their cars, SUVs, and trucks to handle a rollover accident; others don't.

Toyota's lack of rollover preparedness shouldn't come as a surprise. I wrote back in September about a former attorney for Toyota that alleges the auto manufacturer forced him to conceal evidence for car rollover accident cases over the past 20 years.

Clearly, more attention needs to be paid to improving roof durability during an accident for all auto companies, but Toyota really needs to step up their effort. The safety tests by IIHS aren't going away and Toyota would only strengthen their reputation (and sales) if they dramatically improve their roof safety and structural standards.

Mesothelioma: The Preventable Cancer

jcooper@hsinjurylaw.com (Blog Author)22843 — Thu, 03 Dec 2009 08:00:00 EST

There are few kinds of cancer that you can say are entirely preventable. Most cancer risks are primarily just a question of genetics and bad luck. Mesothelioma, a specific kind of lung cancer caused by exposure to asbestos, is a different story. If you don't get exposed to asbestos fibers, you don't get mesothelioma.

This argument about how mesothelioma didn't have to happen is essential in handling cases against the railroad company for exposing workers to this toxic substance. If the railroad company had simply listened to the decades of medical science linking this harmful product and the death of humans, they could have put a stop to this long ago. Instead, the railroad industry, like other industries, simply ignored the evidence and warnings. All they had to do was prevent workers from being exposed to asbestos while on the job and no one had to suffer the cruel death that comes with this disease.

Our firm handles mesothelioma cases on behalf of railroad workers. Because these cases come under the Federal Employer's Liability Act (FELA), they are even stronger than mesothelioma product liability cases in other industries. All we have to show is that the railroad worker was exposed on the job to asbestos and they got mesothelioma. Under these circumstances, as long as the railroad exposure on the job was a cause in whole or in part of the cancer and death, the railroad company is on the hook.

The real key in these cases is having access to the kinds of libraries of documents we already have which show that workers were exposed to asbestos on the job and the railroad industry knew it. My law partner Rick Shapiro has been very successful in pursuing these kinds of lung cancer cases in the past including a big appellate win against Norfolk Southern in a recent West Virginia (WV) case. In that case, the railroad tried to wiggle out of its responsibility by claiming the railroad worker signed a release paper giving up his rights and that of his family to pursue his mesothelioma case at a time when he didn't even know he had the disease.

Amtrak Train Hits and Kills Two People in North Carolina

jcooper@hsinjurylaw.com (Blog Author)22569 — Sun, 29 Nov 2009 08:00:00 EST

Two residents of the Britthaven nursing home were killed after being hit by an Amtrak train on its way from Charlotte to Raleigh, North Carolina (NC).

The Britthaven runs parallel to the train tracks and the Amtrak train, called the Piedmont, was carrying 100 passengers (none of whom were injured), according to the Charlotte Observer.

The two men were Randy Davis and Billy Richardson. My deepest sympathies go out to their friends and family. We don't know exactly why they were on the tracks, but that information will hopefully come to light during the investigation.

This certainly isn't the first train accident at a crossing or otherwise causing death or serious injuries involving Amtrak. Just a couple weeks ago, an Amtrak train struck a car trying to cross tracks near the South Carolina (SC) and Georgia (GA) line. The four people in the car were killed.

Another tragic accident occurred in September when a 24-year-old man was hit and killed by an Amtrak train in Clark County, Washington (WA).

In 2008, Amtrak had 92 train accidents and close to 1,500 train incidences where nearly 120 people were killed. Given the multiple accidents which have taken place in just the past few months, it appears Amtrak is on pace to match, or even surpass, those numbers.

Miley Cyrus Will Perform In North Carolina Despite Deadly Tour Bus Crash

anchco@gmail.com (Blog Author)22424 — Wed, 25 Nov 2009 08:00:00 EST

One of Miley Cyrus’ four tour buses crashed in Virginia on Friday on I-85 after running off of the interstate, hitting an embankment, and overturning. Cyrus was not on the bus, though members of the tour’s production crew were. The VA bus accident killed 53-year-old William Douglas, the driver, and injured one other person. Cyrus, who plays Hannah Montana, was traveling in a different bus at the time of the accident, which took place outside of Richmond, Virginia. Douglas died at the scene of the accident while the nine other people on board escaped through the smashed front windshield.

Despite the deadly bus crash, the tour buses went on to Greensboro North Carolina on Sunday. Cyrus’ website carried a message from the 16-year-old pop rock star about how “deeply saddened” she was by the loss of the bus driver.

The cause of the bus accident is still under investigation by the Virginia State Police.

4th Person Dies after ConAgra Foods Slim Jim Plant Explosion in Garner, North Carolina

anchco@gmail.com (Blog Author)22349 — Tue, 24 Nov 2009 08:00:00 EST

It was a typical work day inside the ConAgra food plant in Garner, North Carolina (NC), the company that makes Slim Jims. Over 200 ConAgra employees were inside the planet as well as a third party company, Energy Systems Analysts Inc., when a sudden explosion tore through the packaging area of the plant causing the roof to collapse, several small fires, and an ammonia leak. 71 employees were sent to the hospital and three employees were found dead inside the facility.

An investigation was opened by the U.S. Chemical Safety Board which found that a natural gas explosion was to blame for the initial accident. Meanwhile, with the plant being temporarily shut down and many employees hospitalized from the explosion the entire Garner, North Carolina (NC) community began to suffer. Now, months later, a fourth victim has died from injuries he sustained in the accident. Curtis Ray Poppe of Hickory, North Carolina died in the hospital after he was unable to heal from his injuries. Curtis Ray Poppe worked for Energy Systems Analysts Inc.

The lawyers at Shapiro, Cooper, Lewis & Appleton have been following the ConAgra Foods explosion since the initial blast in June and we were truly saddened to learn that another death has occurred after so much tragedy has already been seen. It is our hopes that everyone who was injured, laid-off, or had a family member die in this accident reach a full recovery soon.

No employee should get injured or even killed at the job site, but tragically it does happen. If you or a loved one were hurt on the job, a personal injury attorney may be able to help you get the compensation you need for medical bills, time off work, and your pain and suffering.

Tragic Train Accident in Hardeeville Leaves Four Dead

jcooper@hsinjurylaw.com (Blog Author)22315 — Tue, 24 Nov 2009 08:00:00 EST

A car carrying four people was destroyed after being hit by an Amtrak passenger train in Hardeeville, South Carolina (SC). Everyone in the car, including a child, was killed.

There are conflicting reports about the age of the child. WMBF News reports the child was 8 years old, while CNN is reporting 12 years old.

Regardless, my deepest condolences go out to the families who lost loved ones. This is a terrible tragedy.

The details surrounding this accident are still unclear. We have to wait and see what the police investigation reveals.

Car-train accidents usually end horribly. The disparity in weight, crash resistance, and power between the two transportation devices is so vast that the car regularly gets demolished.

Amtrak has been involved in a number of tragic train accidents this year. In March, an Amtrak train hit a semi truck in Gainesville, Florida (FL) seriously injuring the driver of the truck. In July, an Amtrak train hit a car carrying five teenagers. All of them died as a result.

Here are additional Amtrak accident statistics in 2009 alone (from the Federal Railroad Administration of Safety Analysis):

78 fatalities and 719 nonfatal accidents;
17 derailments and 17 accidents
245 non-fatal employee accidents
47 fatal trespasser incidents

The railroad claims representative and investigators always blame the motorist. The local police usually defer to the railroad about all issues because they do not have the experience to analyze the black box data recorder to confirm the train's speed or whether the whistle was blown as required. The only way to get justice for folks killed at crossings is typically to hire an experienced railroad injury attorney.

Settlement Obtained For NC Resident Suffering Restaurant Trip & Fall While Visiting Virginia

Mon, 23 Nov 2009 08:00:00 EST

A North Carolina resident was injured in a Virginia restaurant, when she suffered a trip and fall injury which she asserted was caused by a defective condition in the restaurant. She suffered orthopedic injuries that were handled with doctors in North Carolina. One of the legal issues in the trip and fall case was whether a two year Virginia statute of limitations applied, or whether a three year North Carolina injury limitation period applied. Our law firm, licensed in both NC and VA, researched the legal issue and learned that if an NC resident suffers an "out of state" injury, and files a NC state court suit against the responsible party (which party must do business in NC) that NC will apply the three year NC personal injury statute of limitations as to a common law negligence action. Ultimately, the case was settled for $22,500 with the details of the claim being confidential.

Our law firm was first retained 2 years and a few months after the Virginia trip/fall injury occurred-after the expiration of VA's two year (2) statute of limitations for negligence injuries. The restaurant's claims adjuster told the potential client that the VA statute of limitations had expired on the potential claim. Attorney Richard Shapiro agreed to accept the case for the North Carolina resident, only on the condition that the firm would determine if the North Carolina three year personal injury statute of limitations might be applicable.

First of all, there are numerous legal rules on where any person or company can be sued by an injured person, and the simplest statement is that you can only sue a person or company in particular state if they either do business in the state or have some minimum contacts in that state (like owning property, selling goods or services there, doing some kind of business, etc). Here, our research quickly revealed that the restaurant actively conducted business in North Carolina as well as Virginia.

In some personal injury situations involving visitors or vacationers traveling briefly into a state (such at those visiting VA or NC) it is a complicated legal issue as to what state statute of limitations applies-especially if one state has a shorter time to sue than another state. If there is some question about what statute of limitations applies, an experienced injury attorney must research the nature of the injury, the state in which it occurred, the resident or home state of the visitor, and determine what are called "conflicts of law" court decisions, and what are called "borrowing statutes" in the states.

"Borrowing [state] statutes" often dictate what happens if one state has a different statute of limitations from that state's own law and if a suit is filed in the resident's home state. For example, Va follows a 2 year general negligence statute of limitations and the bordering state of North Carolina follows a three year statute of limitations. This can create some "options" on what state to file a suit in-especially in the situation involving our injured client. We knew that if the client's suit was filed in Virginia it would likely be dismissed under the statute of limitations.

However, our client was a North Carolina resident merely visiting VA when hurt in the restaurant, and received most of her medical treatment back in NC where she lived. Research of the NC laws, and especially the NC "borrowing statute" revealed that if a NC resident files an injury case in a NC state court, and if another state where the injury happened has a statute of limitations that is shorter than NC's, that NC will apply the NC statute of limitations for a common law personal injury negligence action. So, under the specific facts of this injury case, we advised the client that the law provided up to three years to file the case in NC, and the restaurant did business in North Carolina (a necessary condition to having a viable lawsuit in NC). Essentially, we "revived" the injury case for our client, explained our analysis of the law to the restaurant claims adjuster, and that we would file the suit in North Carolina if necessary. About a month before the expiration of three years, we settled the claim on a confidential basis with the restaurant to the satisfaction of our client.

Two Car Collision in Reidsville, NC Seriously Injures Two

Sun, 22 Nov 2009 08:00:00 EST

Maurice Ashby Cooper, 31 of Forbes St. in Eden was rushed to the hospital last Friday after his pickup was struck by a Lincoln Town Car driven by Freddie Lee Mc Cain, 61. The accident took place last Friday, at 9:25 a.m. near the American Red Cross offices in Reidsville, NC. The crash involved a Lincoln Town Car and an Isuzu pickup truck.

According to a witness, the driver of the Lincoln slowly drifted into the lane of the pickup truck hitting it head-on. Cooper was immediately rushed to Wake Forest University Baptist Medical Center where he was being evaluated as he was seriously injured. Meanwhile, McCain was listed in good condition. However, police said he will be facing charges for what he did.

According to smartmotorists.com, over 95% of motor vehicle accidents (MVAs, in the USA, or Road Traffic Accidents, RTAs, in Europe) involve some degree of driver behaviour. The behaviour of the implicated driver is usually the primary cause. Most are caused by excessive speed or aggressive driver behaviour. Drivers should behave accordingly when on the road. They should follow traffic rules and regulations as their behaviour not only affects them but everyone involved when they get into an accident.

Man Dies in Three-Vehicle Car Accident in Dunn, North Carolina

Sun, 22 Nov 2009 08:00:00 EST

One man is dead and three others, including a child, are in the hospital recovering from serious injuries after a car accident in Dunn, North Carolina (NC).

Roy English, a 78-year-old man from Wallace, was traveling through the intersection of North Carolina Highway 55 and Highway 242 when a Dodge truck, driven by Joseph Bayfden, ran a stop sign and struck Roy English’s car. Shortly after the initial collision, another vehicle crashed in to English’s car and the Dodge truck caught fire.

Tragically, Roy English and his wife Robbie English were transported to WakeMed hospital in Raleigh, North Carolina (NC) where Roy English died as a result of injuries sustained in the car accident. Robbie English is still at WakeMed hospital recovering from serious injuries. Joseph Bayfden and his child were also taken to WakeMed hospital where they are recovering. Two other passengers in English’s car and the passengers in the third vehicle involved in the accident were not injured.

Sadly, there is nothing Roy English could have done to avoid the car accident and it is unlikely that the driver of the third vehicle involved could have avoided hitting the accident scene.

Stop signs are far easier to miss then red traffic lights. It is also more difficult for law enforcement officers to catch violators at stop signs. Several traffic lights have had red camera lights installed that catch violators in the act even if a police officer is not looking; however, no policy exists yet for stop signs. As a driver the best thing you can do to avoid being in a car accident with someone who has run a stop sign is to use extreme caution when crossing any intersection. Remember that stop signs are not always visible to other drivers, or the driver may simply be distracted, causing them to miss the sign.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Cardiovascular Systems Inc. Recalls Catheter Sheath After Medical Device Breaks Inside Patient

jlewis@hsinjurylaw.com (Blog Author)22199 — Sun, 22 Nov 2009 08:00:00 EST

The U.S. Food and Drug Administration, or FDA, has requested Cardiovascular Systems Inc. to recall its ViperSheath catheter introducers made by Thomas Medical Products after receiving reports that the device had fractured inside a patient. This is the second medical recall of a catheter sheath. Johnson & Johnson's (JNJ) Cordis Corp recalled is Crossover sheath introducers, also made by Thomas Medical Products, in October.

Sheath introduces are large, gradually tapered tubes that create an entry point in to arties and veins. The recalled catheter introducers fracture inside the patient’s body. The fractured pieces have the potential to become lodged inside blood vessels, causing distal ischemia or infarctions.

So far three patients have had to undergo surgery to have the broken pieces removed after their ViperSheath device fractured.

Cardiovascular Systems Inc. is asking customers to return the dangerous medical devices and the FDA is watching the recall through their MedWatch program.

If you recently underwent a medical surgery that required the use of a catheter introducer we urge you to contact the hospital that performed your surgery and find out if the ViperSheath or Crossover sheath were used in your surgery.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling medical malpractice cases. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of medical malpractice cases including surgical errors, misdiagnosis, and negligence. We would like to send you one of our FREE reports about medical malpractice, including our Top 10 Tips from a Medical Malpractice Insider and our special report on the top 5 surgical errors you need to know about. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Medical Experiment May Predict Post Traumatic Stress Disorder

Sun, 22 Nov 2009 08:00:00 EST

The National Institute of Mental Health (NIMH) defines post traumatic stress disorder, or PTSD, as “an anxiety disorder that can develop after exposure to a terrifying event or ordeal.” People often link PTSD with military service; however, post traumatic stress disorder is also common after a jarring event like a car accident. A U.S. Surgeon Generals Report created in 1999 showed that 9% of people who were exposed to extreme trauma developed PTSD. Currently, the NIMH estimates 5.2 million suffer from the disease annually. Post traumatic stress disorder is on the rise.

The military hopes to curb the rising cases of PTSD through a series of medical experiments they are conducting. These experiments are testing U.S. soldiers on genetics, brain imaging, and stress exams before, during, and after deployment. Medical researchers hope a variation in these test results might lead to better understanding about who is at higher risk for developing PTSD. Currently, no medical evidence exists proving any pre-trauma factors definitively lead to the mental illness, however, the military hopes that by narrowing this down they may be able to better treat post traumatic stress disorder.

Post traumatic stress disorder is a serious medical condition that many car accidents victims find they suffer from after their accident. PTSD can be treated, but the repeat doctor visits and cost of prescription medication causes some people to leave the mental illness untreated. If you have feel you are suffering from PTSD as a result of your trauma, but do not have the money to afford treatment, a personal injury attorney may be able to help you get what you need to get back to wellness.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

New Study Shows Workplace Injuries May Go Untreated

anchco@gmail.com (Blog Author)21980 — Tue, 17 Nov 2009 08:00:00 EST

Companies are required to log any employee injury that results in time off or medical care. These logs are used by regulators to determine the safety of a company. A safer company means less safety inspections, more contracts, and lower worker’s compensation costs. An ideal situation for a company to be in, however, the way some companies are going about lowering their medical claims is anything but ideal.

Recently, the U.S. Government Accountability Office conducted a study of companies medical care practices. The GAO surveyed 504 medical practitioners and company doctors, of these doctors over 1/3 reported they were asked to provide inadequate medical treatment to employees so companies did not have to report the injury on their logs. More then half of the doctors stated they were pressured by company leaders to downplay serious injuries, and more then 2/3 knew of employees who feared reporting injuries at all.

The U.S Government Accountability Office does not feel that safety regulators have done enough to ensure that workplace injuries are accurately reported. The Federal OSHA, an organization which oversees safety regulators, said they would follow the recommendations laid out by the GAO. However, the Federal OSHA only covers about half of the United States, meaning states like North Carolina (NC) do not have to adopt these policies at all.

It is uncertain at this time if North Carolina (NC) will adhere to the recommendations laid out by the GAO or if the state will push companies to change their reporting policies at all. If you have already been injured at work and feel your medical treatment was inadequate you do have options. A personal injury attorney can work with you to determine where your company or their doctors failed and get you the compensation you need to get back on your feet.

Pedestrian Killed by SUV in Red Springs, North Carolina

Tue, 17 Nov 2009 08:00:00 EST

A pedestrian from Red Springs, North Carolina (NC) was struck and killed by an SUV while she was out walking on N.C. 71.

Angela Ross, was walking southbound on N.C. 71 around 7 p.m. when she was struck by a 1993 GMC SUV. According to a report filed by the North Carolina Highway Patrol, the GMC was driven by a teenager from Shannon, North Carolina (NC). Tragically, Angela Ross died from injuries she sustained in the crash.

Pedestrian accidents are far too common in North Carolina. Some advocacy groups blame the road systems for the high number of pedestrian fatalities that occur in the state each year. These groups are working with state officials to make the roadways friendlier for pedestrians and bicyclists alike. The hope is that by adding sidewalks, decreasing the distance between crosswalks, and installing better lighting less pedestrians and bicyclists will be on the roadways where they are likely to be struck by a car.

However, that process could take years. In the meantime lives are being lost on Carolina roads. As drivers there are actions we can all take to reduce the likelihood of striking a pedestrian. Most importantly, drivers should exercise caution on any roadway, especially ones located in residential areas or after nightfall when it can be difficult to spot a pedestrian. When driving, remember that pedestrians can appear quickly. Look to both sides of a crosswalk before passing and keep an eye out for pedestrians coming around parked cars or other obstacles.

By simply slowing down and paying more attention to the road we can stop needless deaths like Angela Ross.

Dangerous Product? Bug Bomb Kills Boy In South Carolina

anchco@gmail.com (Blog Author)21860 — Mon, 16 Nov 2009 08:00:00 EST

A South Carolina mom attempting to rid her mobile home of insects was left with one dead son and one son hospitalized after using bug foggers to kill the pests. In Anderson County, South Carolina, police say that 25-year-old Elizabeth Whitfield used seven bug fog containers in order to control the insects in her rental home in the span of a month.

The toxic pesticides killed her infant son Jacob Whitfield and left her and her older son with serious respiratory problems. The woman called 911 to report her son's labored breathing - and local Williamston area hospital officials found that all three members of the family were covered in dangerous pesticides. The mother was placed on a respiratory at Greenville Memorial Hospital following the incident. The older son was rushed to intensive care in critical condition.

It is expected that Anderson County Deputy Coroner Don McCown will confirm the death by pesticides in the coming weeks following toxicology tests.

Over 350 Traffic Deaths on I-85 in South Carolina

Mon, 16 Nov 2009 08:00:00 EST

Interstate 85 (I-85) is one of the deadliest stretches of highway in South Carolina (SC). That's what the statistics indicate given 354 traffic fatalities occurred on 85 in 2007, even though it's shorter than Interstate 95 (I-95) and Interstate 20 (I-20) which also go through the Palmetto State.

There were 327 traffic deaths on I-20 and 285 deaths on I-95, according to independentmail.com. The condensed size of I-85 may actually be a factor in the high death toll. Close to 50,000 vehicles travel on I-85 every day making it a veritable ticking time bomb for car accidents.

Even more terrifying is the fact that the numbers are projected to get worse since traffic is expected to double by 2025 (it increased 45 percent from 1990 to 2007).

This is a major issue for the South Carolina community. To have close to 1,000 traffic deaths of your three major highways is a serious problem.

So what can be done? First, there needs to be an investment in additional highway patrol and traffic monitoring to ensure traffic laws are being obeyed. This may help prevent accidents caused by speeding and reckless driving. I know this is a challenge given the precipitous drop in state revenue in the down economy, but it's an noteworthy investment the public can rally behind given it's focused on traffic safety and accident prevention.

Second, South Carolina needs to implement a restriction on texting while driving. North Carolina has already adopted a texting law but South Carolina has failed to follow suit. Distracted driving in general is a major cause of traffic fatalities and texting while driving is quickly turning into an epidemic (check out our FREE special report on distracted driving, including info on texting while driving).

If South Carolina can implement these two suggestions, it could help reduce the ever-escalating number of traffic deaths on their major highways.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Fairbank Farms Packaged Beef Recalled after E. Coli Outbreak and Two Deaths

jlewis@hsinjurylaw.com (Blog Author)21680 — Thu, 12 Nov 2009 08:00:00 EST

The Center for Disease Control and Prevention has linked at least two deaths back to beef packaged by Fairbank Farms of Ashville, New York (NY). In addition to the two deaths, the beef has also caused at least 26 other illnesses and likely dozens more that have gone unreported.

The beef was packaged and sold at BJ’s, Trader Joes, ACME, Price Chopper, Lancaster, Wild Harvest, Shaw's, Ford Brothers and Giant stores in North Carolina (NC) and several other states including Connecticut, Maryland, Massachusetts, New Jersey, Pennsylvania , Virginia, and New Hampshire. It is being sold in package form either as ground beef or pre-made meatloaf. So far the US Department of Agriculture has linked the beef to E. Coli related illnesses in Connecticut, Maine and Massachusetts.

Fairbank Farms issued a recall for the packaged beef that was sold between September 14^th through September 16^th and none of the affected meat should still be on store shelves. However, some of this meat may still be in consumer freezers. Consumers are urged to check all of their frozen meat and return any meat packaged by Fairbank Farms between these dates to the store it was purchased for a full refund.

E. Coli is a form a food poisoning that affected hundreds of thousands of people in the United States each year. Typically, E. Coli shows up in a person’s system two to eight days after it was consumed. The bacteria make people extremely ill. The most common symptoms include nausea, fever, vomiting and dehydration. E. Coli can lead to death in some individuals.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling wrongful death cases. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled numerous wrongful death cases and we understand the difficult circumstances which accompany these types of cases. That’s why you need an experienced attorney to help you through the legal process. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Faulty Jeep Cherokee Gas Tank May be to Blame for 254 Deaths

Thu, 12 Nov 2009 08:00:00 EST

According to the National Highway Traffic Safety Administration, from 1993 to 2004 Jeep Cherokees have been involved in 172 car accidents that resulted in 254 deaths nationwide. In every one of these car accident cases the vehicle that was struck caught fire. The Center for Auto Safety feels a faulty gas tank may to be blame.

The gas tank in question was installed on over three million Jeep Cherokees. It is made from plastic and located under the rear axle. The Center for Auto Safety believes that if the Jeep is struck by a lower riding vehicle from behind the lower vehicle may strike the gas tank leading to a possible explosion. AutoWeek also reported that the fuel filler neck, which is attached to the gas tank, can become detached resulting in fuel being spilled and another potential fire risk.

The Center for Auto Safety has petitioned the National Highway Traffic Safety Administration to open an investigation on all Jeep Cherokees manufactured between 1993 and 2004. If approved, the investigation may lead to a recall of all three million Jeep Cherokees.

The investigation may only last a few months, but could go on as long as a few years. Meanwhile these Jeep Cherokees are still on the road and the numbers of fiery car accidents are climbing. If you or a loved one were involved in a car fire resulting from this gas tank you do not have to wait for a national recall for help. A personal injury attorney can work with you to prove the auto maker’s responsibility and help you obtain damages for your medical bills, lost wages, and pain and suffering.

Texting While Driving Accident Leads to 20 Year Old Losing Both Legs

jlewis@hsinjurylaw.com (Blog Author)21671 — Thu, 12 Nov 2009 08:00:00 EST

Emmanuel Mejia was going about his day emptying trash cans for the Florida Refuse Service. This was his day job as he pursued his true passion as an amateur boxer. Sadly, his dreams of a career in boxing came to an end when a 2007 Suzuki slammed into him causing major injuries.

Mr. Mejia lost both of his legs, his right index finger, and half of his right thumb.

The driver of the Suzuki was texting and driving, according to TheLedger.com. As a result, he was charged with a third degree felony and could spend the next five years in federal prison.

Mr. Mejia's life was changed forever, but he continues to push forward and is just happy to be alive.

This terrible accident is a prime example of why texting and driving is so incredibly dangerous. Not only are you putting yourself at risk, but you could wind up seriously injuring other people and irrevocably altering their lives.

"Nobody should be texting and driving," said Mejia.

Very true.

So the next time you're in your car, restrain yourself from whipping out that Blackberry to text a friend and invest in hands-free technology for the phone. Do whatever you can to prevent the risk of distracted driving (check out our FREE special report on the epidemic that is distracted driving).

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Raleigh, North Carolina (NC) one of the Most Dangerous Cities for Pedestrians

Thu, 12 Nov 2009 08:00:00 EST

Be extra vigilant when crossing the street in Raleigh, North Carolina (NC). This is the sentiment expressed by a recent report from Transportation for America which listed Raleigh as one the 10 most dangerous cities for pedestrians.

Pedestrian deaths per 100,000 people are 1.95 in North Carolina while the national average is 1.26.

The report reveals that over 75,000 people have been killed in pedestrian street crossing accidents. Close to 4,000 children under the age of 16 were killed just in the past 10 years.

The report, entitled Dangerous by Design, also found "minority and low-income communities are disproportionately impacted." For example, African-American and Hispanic American fatality rates (3.01 and 2.88, respectively) are close to double the national rate for all people (1.53).

Senior citizens are also at a high risk. This could be another reason why Raleigh made the top-10 list since the projected rate of growth for individuals 65 and older in the area is 124 percent.

Officials in Raleigh, and across the country, should use this report as a rallying cry for better education and awareness regarding pedestrian crossing accidents. The National Highway Safety Administration has pedestrian safety programs which should be promoted at schools, senior care facilities, and community centers.

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

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Maclaren Recalls Over One Million Strollers After 12 Children are Severely Injured

Tue, 10 Nov 2009 08:00:00 EST

As a parent you have enough to worry about regarding your child’s safety. You should not have to worry about the toys they play with, the clothes they wear, or the stroller you take to the park everyday. These items should be tested by the companies that make them, but what if they aren’t? What if that product you use everyday is putting your child at risk for serious injury?

At least twelve parents across the U.S. know what can happen when a product goes bad; that is, after their children had their fingers amputated by a Maclaren stroller.

Maclaren, a long trusted children’s brand, issued a recall for over a million strollers after 15 reports of injury to a child. According to the http://carolina.hsinjurylaw.com/blog/blair-expands-robe-recall-after-nine-deaths-were-reported.cfmrecall, children can get their fingers trapped in the mechanism that hinges the stroller closed, potentially causing those fingers to be amputated among other serious injuries. The effected models include; Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller. The Consumer Product Safety Commission is asking any parent who owns a Maclaren stroller to discontinue use immediately until the stroller can be fixed.

Maclaren is offering a hinge cover for any model affected by the recall. The hinge cover can be installed fairly easily and is available both at their website and through their toll free number; (877) 688-2326.

If your child has already been injured by their stroller a personal injury attorney may be able to assist you in seeking damages for your child. Injuries such as amputation require extensive surgery, which can be difficult on a child and often very expensive. If your child has not yet been injured by the stroller, but you do own one from the brand, we urge you to discontinue use immediately and order a replacement part as soon as possible.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling dangerous drugs and prescription drug errors. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

South Carolina High School Senior Killed in Fatal Car Accident

jcooper@hsinjurylaw.com (Blog Author)21396 — Sun, 08 Nov 2009 08:00:00 EST

A senior at West Oak High School was driving their 1995 Plymouth Neon early in the morning on Critter Road in South Carolina (SC).They tried to make a left turn on US Highway 11 when their life tragically ended. A 2004 Dodge Dakota pickup truck was traveling northbound and slammed into the Neon. The student died after being transported to the Oconee County Medical Center, according to upstatetoday.com.

Clearly, this is a terrible loss. My heart goes out to the student's friends and family. As a father, I couldn't imagine losing my child in such a tragic manner.

This isn't the first time West Oak High has struggled with the loss of a student. A couple years ago, three West Oak High School students were killed after their car crashed into a truck and then a restaurant, according to WYFF4.com.

Accidents involving a car and a truck are never good. The difference in sheer size and weight usually means major damage for the driver and passengers in the car. Sadly, traffic accidents are a leading cause of death for young adults, a real epidemic.

Two People Seriously Injured in North Carolina Airplane Accident

jlewis@hsinjurylaw.com (Blog Author)21256 — Thu, 05 Nov 2009 08:00:00 EST

James Monroe and James Hastings hopped into their single-engine Mooney M-20C airplane for a business trip. Unfortunately, something happened to that single-engine and their trip ended in a horrendous crash.

They took off from Smith Reynolds Airport in Winston Salem, North Carolina around 4:30pm. Less than an hour later, they crashed six miles away from the Asheville Airport near Brush Creek and Bethany Church Roads, according to justicenewsflash.com.

Mr. Monroe and Mr. Hastings were seriously injured and rushed to the Mission Hospital. Its unknown what their condition is at this point, but Im hoping they pull through and make a full recovery. As a licensed pilot, I fully appreciate what can go wrong when youre flying a small airplane.

The reports indicate they had engine trouble. There isnt a history of engine problems with the Mooney M-20 series, but clearly, that doesnt mean anyone flying in one of these airplanes is immune from a terrible aviation accident.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling accidents involving mass transit such as airplanes, trains, and buses. Check out our case results to see for yourself as we have handled serious mass transit cases in multiple states involving railroads and involving commercial aviation. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right nowwe provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Pickup Truck Driving on Wrong Side of Road Involved in Tragic Accident in South Carolina

Sat, 31 Oct 2009 08:00:00 EST

Virgil Mixon of Andrews, South Carolina (SC) was driving his Ford pickup truck down Highway SC 41, which is in Georgetown County, South Carolina (SC). One big problem: Mr. Mixon was on the wrong side of the road.

The truck attempted to make a left hand turn and smashed into a Ford Edge killing Mr. Mixon. My condolences go out to his friends and family.

A mother and her two children were in the Ford Edge and their condition is unknown at the time, according to WMBF News.

The South Carolina Highway Patrol is thoroughly investigating the accident. As an injury lawyer who regularly handles car/truck accident cases, these questions need to be answered: Why was Mr. Mixon driving on the wrong side of the road? Was alcohol involved? Were there clear markings on the road to indicate the proper lanes?

As mentioned earlier, we don't know the condition of the mother and her two kids, but I hope they make it through and fully recuperate if they were seriously injured.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Man Dead After Equipment Falls from Truck Going Wrong Way

Tue, 27 Oct 2009 08:00:00 EST

A man driving a pickup truck was killed instantly after equipment fell off a tractor trailer that was driving the wrong direction on Highway 25 in Edgefield, South Carolina (SC). The tractor trailer hit a trestle and the impact caused the equipment to fall off the vehicle and struck the pickup truck, according to NBC Augusta.

The tractor trailer was not supposed to be driving on that particular section of Highway 25 due to the height restrictions of the trestle.

The tractor trailer driver was given a citation, but that won't bring back the pickup truck driver.

The family of the pickup truck driver should strongly consider filing a wrongful death claim against the tractor trailer driver. He displayed neglect when driving down that section of Highway 25 despite clear signs indicating an alternative route for large-sized trucks.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling truck accidents. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). . Our attorneys have handled thousands of automobile negligence cases involving trucks, cars, trains, and motorcycles. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Three Injured After a Car Crashed Into a Havelock, North Carolina Restaurant

Mon, 26 Oct 2009 08:00:00 EST

The car accident that sent three people to the hospital in Havelock, North Carolina (NC) is hard for most of us to imagine. You wouldn’t expect a car to come crashing through the side of a restaurant, but that is just what happened at the Bayside establishment located on Highway 70.

It was around 4 a.m. and ten people were inside the 24-hour restaurant including the owner, John Adams, and his son. Suddenly a Ford Escort, driven by Donnovan Yates from Newport, came crashing through the restaurant. Three people were injured in the crash including the driver and John Adam’s son. All three were taken to the Carolinas Medical Center.

The truly shocking part, Havelock police say Donnovan Yates crashed his Ford Escort into the Bayside restaurant on purpose. According to the police report, Yates was upset over a girl he was seeing and crashed the car into the restaurant to get her attention. Yates believed she was inside the restaurant talking to another man.

However, the girl was not inside the Bayside and instead Yates now faces charges including; assault with a dangerous weapon, reckless endangerment and injury to property.

All three people injured in the car accident are expected to make a full recovery but the Bayside restaurant has been closed. John Adams told reporters he was not sure when the restaurant could be reopened due to the scope of damages the building received.

Sadly, Adams not only has to deal with the injuries his son sustained and the associated medical bills, but lost wages from the restaurant closure and costly repairs as well. Property damage in an accident can be extremely costly and insurance does not always cover the full scope of repairs. A personal injury attorney with experience in handling accident cases, like the Shapiro, Cooper, Lewis & Appleton law firm, would be able to help speed the reopening process and help the Adams family with their medical bills and pain and suffering.

California Governor Arnold Schwarzenegger Installs Devices That Prevent Drunk Driving

jcooper@hsinjurylaw.com (Blog Author)20573 — Mon, 26 Oct 2009 08:00:00 EST

A California (CA) law signed by Arnold Schwarzenegger this month takes another step in the fight against drunk driving. The law requires all drivers convicted of drunk driving to have a device installed in their cars that will prevent them from driving under the influence of alcohol.

The device is known as the ignition interlock device (IID) or the breath alcohol ignition interlock device (BIID). When installed the device works like a breathalyzer, forcing the driver to breathe in to the device before the car’s engine will start. The ignition interlock device then measures the driver’s blood alcohol level against pre-recorded amounts, typically half the legal limit or less depending on the state. Randomly while the car is in motion the IID or BIID will require the driver to breathe in to the device again. This is done to prevent a friend from breathing for the driver. If the subsequent measurements show a high blood alcohol level the measurement is recorded and an alarm will sound until the car’s engine is shut off.

The measure signed by Schwarzenegger takes a big step towards ending drunk driving, but California is not the only state that imposes the use of breath alcohol ignition interlock devices for convicted drivers. North Carolina (NC) imposed the use of BIIDs in 2007. Under North Carolina (NC) law, anyone who is convicted of driving while impaired is permitted to drive only if their blood alcohol level is less then half the legal limit of .08 at all times. If the driver is convicted of driving while impaired again in a period of seven years, or is caught with a blood alcohol level of .16 or higher, a IID device will be installed in their vehicle.

The IID and BIIDs are an excellent example of using modern technology to put a stop to the thousands of drunken driving deaths that happen every year. The Mothers Against Drunk Driving (MADD) group is working with state officials nationwide to spread their use even further. Hopefully, these devices will help see an end to the senseless alcohol related deaths.

Major Car Accident on I-85 in South Carolina Kills Man, Seriously Injures Another Driver

jcooper@hsinjurylaw.com (Blog Author)20524 — Sun, 25 Oct 2009 08:00:00 EST

Six cars were involved in a tragic chain reaction wreck which resulted in one man dead and another person suffering neck and back injuries, according to News Channel 7.

The accident occurred on Interstate 85 (I-85) in Anderson County, South Carolina (SC). Eric Wayne Dozier was the individual killed in this terrible accident. Mr. Dozier was driving a pickup truck when he hit the median but wound up back on I-85 when a FedEx 18-wheeler smashed into his truck.

My deepest condolences go out to Mr. Dozier's friends and family. He was just 36 years old.

Another driver involved in the accident suffered serious neck and back injuries and is being treated at a Greenville, South Carolina (SC) hospital.

Our law firm has written about the challenges associated with chain reaction, multi-car accidents when it comes to filing a claim with your insurance company and potentially seeking damages for serious injury. It's a complicated process and this tragic accident is no different, especially with a major company vehicle (i.e. FedEx 18-wheeler) involved.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

South Carolina Teen Killed in Terrible Single Car Accident

jcooper@hsinjurylaw.com (Blog Author)20523 — Sun, 25 Oct 2009 08:00:00 EST

Emily Marlene Peck was a passenger in her older brother, Paul Peck's 2001 Nissan. Their younger brother was a passenger as well. The details of what happened next aren't clear, but we do know the driver lost control of the vehicle and slammed into a tree on Garrison Road in Pelzer, South Carolina (SC). Emily was killed and her two brothers were seriously injured, according to Greenvilleonline.com.

Emily was just 17 years old. My deepest condolences go out to the Peck family. Losing a loved one is always terrible, but it's especially tragic when someone so young is taken from us far too soon.

Both of her brothers are currently recuperating at Greenville Memorial Hospital. My prayers go out for a speedy recovery.

As mentioned earlier, a full car accident report hasn't been released yet and there could be a myriad of contributing factors to the wreck. There may have been a mechanical error with the Nissan or an animal may have run out onto the road and the driver swerved to miss them. We have to wait and see what the report indicates.

The insurer is likely responsible to pay for the passengers that were harmed. However, the family should call a lawyer specializing in injury and wrongful death to make sure that all available coverage is found, so all the money owed is collected from the relevant car insurances.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Eight People Seriously Injured in Greenville Car Accident

Sun, 25 Oct 2009 08:00:00 EST

Eight people, including a fire-rescue worker, were injured in a five-car wreck. The driver who initiated the multi-vehicle accident, Angela Shoe, had numerous traffic violations on her record and was charged with DWI (Driving While Impaired), according to reflector.com.

The accident took place at the intersection of Greenville Boulevard and East 10th Street in Greenville, South Carolina (SC).

The fire-rescue worker, 20-year-old Brian Spruill, was driving a Fire Department pickup truck at the time of the accident. Fortunately, rescue workers responded quickly to the scene of the accident and Brian, along with the other drivers, were taken to the hospital for treatment.

Fortunately, no one was killed in this crash, but the injuries sustained and damage done to the vehicles involved will probably take some time to sort out. As an injury lawyer who regularly handles car accident cases, I understand the various steps a driver needs to take in order file a claim with their insurance company and potentially seek damages if they suffered a serious injury. It's not a quick process.

An investigation has been conducted by the Greenville Police Department, but a narrative of what exactly happened hasn't been released. With Mrs. Shoe receiving a DWI charge, there are really no questions about her liability as a cause of the accident circumstances.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

NASCAR Driver Michael Waltrip Suspected to be Drunk Driving after a Car Accident in Mooresville, North Carolina

jlewis@hsinjurylaw.com (Blog Author)20486 — Fri, 23 Oct 2009 08:00:00 EST

According to a Mooresville Police Report, NASCAR driver Michael Waltrip was suspected to be drinking and driving after he caused an accident involving a motorcycle.

The NASCAR driver had left a shopping center and was attempting to make a u-turn on Perth Road in Moorseville, North Carolina (NC) when he crossed in front of a motorcycle. The motorcycle, driven by Ronald Hausman, hit the driver’s side door of Michael Waltrip’s vehicle.

Ronald Hausman was taken to the hospital to be treated for injuries and Moorseville police on the scene issued a sobriety test to Waltrip. He blew a .06, just under North Carolina’s legal limit of .08. While Waltrip passed the sobriety test police still felt alcohol was a factor in the motorcycle accident. Captain Phil Blocker told reporters, “He did not meet the criteria for the DWI, however it was indicated as a contributing factor…on the accident report.”

This is not the first accident Waltrip has been alleged to be at fault. In 2007, he ran his car off the road by his home in Sherrills Ford. By the time police arrived on the scene he had left the wreckage and walked home. However, no one came to the door when police arrived to give him a sobriety test.

While the legal alcohol limit in North Carolina is .08 driving after you have consumed one drink can severely impair your ability to drive. When you are drinking you response times slow greatly which can be deadly behind the wheel. You can easily run off the roadway, strike another vehicle, or in this case turn in front of another vehicle and become the cause of a serious accident.

Blair Expands Robe Recall After Nine Deaths Were Reported

jcooper@hsinjurylaw.com (Blog Author)20485 — Fri, 23 Oct 2009 08:00:00 EST

The clothing company, Blair, has expanded a voluntary recall on their chenille robes after learning about at least nine deaths resulting from burns sustained while wearing the robes.

Blair and the Consumer Product Safety Commission originally issued a voluntary recall for the robes in April after the company received reports of at least three robes catching on fire. One incident left the owner covered in second degree burns. The Consumer Product Safety Commission found the robes did not meet federal flammability requirements.

After the original recall was issued at least nine deaths were reported after owners caught fire while wearing the robes.

Blair expanded the recall to include additional chenille robes and three other chenille products. The robes were made from Janurary 2003 to March 2009. The robes are labeled with item numbers 3093111, 3093112, 3093113, 3093114, 3093115 or 3093116. They were all made by A-One Textile & Towel located in Karachi, Pakistan. The robes and other chenielle products listed on the recall were sold in Blair stores as well as their popular online website, http://www.blair.com.

If you own one of these robes Blair is offering a $50 gift card for the return of the item. The Consumer Product Safety Commission recommends any owner discontinue use immediately and return the product. The robes are extremely flammable and in several cases they have caught fire while the owner was cooking.

If you or someone you know has been burned or even killed by Blair chenille products contact a personal injury attorney. An attorney will be able to help you sort through the complicated recall process and seek damages for your pain and suffering.

Faison, North Carolina Man Critically Injured in Accident with Tractor Trailer

Fri, 23 Oct 2009 08:00:00 EST

John Thomas Ball Jr. from Faison, North Carolina (NC) was traveling on Interstate 40 near Old Mountain Road when he collided with a tractor trailer. The tractor trailer, driven by Pacquin Fields, had stopped at a construction zone. John Thomas Ball Jr. was not able to stop in time safely behind the truck and slammed in to the back.

Ball’s vehicle broke through the support beam that is supposed to stop underride crashes and went under the tractor trailer. The rear axle of the truck broke, causing extensive damage to Ball’s vehicle.

Ball was airlifted to the Carolinas Medical Center, where he is still being treated for serious injuries sustained in the trucking accident.

As a personal injury attorney I have seen countless accidents involving tractor trailers. Trucking accidents are often far more dangerous for drivers then typical car accidents. Tractor trailers are several times the weight and size of a vehicle and can do extensive damage in even small accidents.

As drivers we have to be extremely cautious around large trucks, especially on the highway. In the case of John Thomas Ball, the truck had come to a complete stop on the highway and even though the truck was equipped with a support beam, the device failed and caused Ball to go under the truck. Ball’s injuries may not have been so serious if this had not happened.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law with experience handling truck accidents. Read our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). . Our attorneys have handled thousands of automobile negligence cases involving trucks, cars, trains, and motorcycles. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service

Why You Should File a Claim against a Friend or Family Member's Insurance after a Car Accident

jcooper@hsinjurylaw.com (Blog Author)20428 — Thu, 22 Oct 2009 08:00:00 EST

You've been involved in a serious car accident and were injured, but the driver is a good friend or family member. Definitely awkward, but not uncommon. In fact, it happens regularly. 60 percent of car accidents involve just one vehicle.

So what should you do? A tough question in this particular situation since you don't want to hurt your friendship or alienate a relative. The answer: file a claim.

Do not fret; filing a claim against a friend or family member's insurance is not the same thing as filing a claim against them. They are two separate entities.

If your friend/relative gets upset or asks you why you decided to pursue a claim, let them know it's not a personal attack. All you're doing is trying to recoup the necessary compensation to cover medical costs. You're not trying to send your friend or relative into the poor house, which is what many people worry about occurring if a claim is filed.

Once again, your friend/relative and their insurance company are not one in the same. They are separate entities and will be treated as such in the legal process.

Don't let the fear of damaging a relationship prevent you from obtaining the necessary financial compensation to cover medical bills for rehabilitation and treatment.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

The Subtle Threat of a Traumatic Brain Injury

jcooper@hsinjurylaw.com (Blog Author)20384 — Wed, 21 Oct 2009 08:00:00 EST

A traumatic brain injury (TBI) is not easy to spot right away. It's not like a broken leg or shattered pelvis where the pain is immediate and noticeable. The effects of a TBI are rather subtle and may take days or even weeks to recognize. This is because it's exclusively an internal disturbance and reveals itself in common pains such as a headache, backache, or feeling fatigued, according to the National Center for Injury Prevention and Control.

As an injury lawyer who works for a firm that represents people who've suffered a TBI, I recommend a simple policy: if you've suffered an injury where you were knocked in the head, visit your doctor ASAP. A traumatic brain injury can have life-long ramifications including memory loss and decrease in cognitive function. In order to prevent such long-term side effects, treatment is necessary.

Here's a video illustrating the effects of TBI...

Even if the injury is minor, you may have suffered an MTBI (mild traumatic brain injury). Between 75 to 90 percent of the over 1.4 million traumatic brain injury deaths, hospitalizations, and ER visits originate from concussions and MTBI, according to the Center for Disease Control and Prevention.

Think about that - a majority of brain injury deaths start off as a mild brain injury or concussion. This is why an early diagnosis is essential in treating your TBI or MTBI properly. If you neglect the problem, you may be forced to deal with persistent headaches, vision or hearing problems, memory loss, sleep disturbances, or mood changes for the rest of your life.

Also, even if the hospital emergency room says your cat-scan is negative, do not interpret that to mean you do not have a brain injury. The cat-scane is a blunt instrument and may not show tearing of the brain tissues that occur at a microscopic level. If you've suffered a head trauma and symptoms persist like headaches, memory/thinking difficulties, or personality changes, see a neurologist or brain injury specialist.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling traumatic brain injury and general head injuries. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA). Our attorneys have handled numerous head injury and brain trauma cases, and achieved the largest verdict in Virginia's history for a brain damaged client in 2000. Our lawyers hold licenses in NC, SC, WV, KY and DC. And we are ready to talk to you by phone right now-we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Triad North Carolina Police Officers Team up with School Buses for Operation Stop Arm

jlewis@hsinjurylaw.com (Blog Author)20368 — Wed, 21 Oct 2009 08:00:00 EST

A group of police officers in the Triad, North Carolina (NC) area are teaming up with local school bus drivers to help spread awareness about child safety.

The police officers will follow school buses on their normal routes and issue citations to any driver they see violating school bus safety laws. The initiative is called Operation Stop Arm. Operation Stop Arm was started in response to a new law known as the Nicholas Adkins School Bus Safety Act. The law, which was named after a Rockingham County teen who was killed trying to board a school bus, allows for cameras to be placed on the stop arms of buses. These cameras take a photo of law violators and a citation is issued in the mail. The Nicholas Adkins School Bus Safety Act also increased the penalty for passing a stopped school bus to a Class H Felony, which could include jail time.

So far police officers have issued only a few citations, but the presence of a police officer may be the reason for the good behavior. School bus drivers frequently report drivers violating the school bus stop arm and several accidents involving school buses have already occurred in North Carolina (NC) this year.

Earlier this year my colleague, Richard Shapiro, wrote an article about a young girl that was killed in Raleigh while attempting to exit her school bus. Six-year-old Ashley E. Ramos-Hernandez was leaving the stopped school bus when an SUV ignored the stop arm and went around the bus, hitting and killing Ashley. Recently my colleague, Emily Mapp Brannon, wrote an article about another bus accident involving an SUV. In that accident a woman fell asleep behind the wheel of her SUV and hit a Johnson County school bus head on sending four children to the hospital.

As drivers we need to be careful to obey traffic laws, especially when there are children involved. Rushing around a stopped school bus could be a fatal decision if an accident were to occur. Even if without an accident driver’s face large fines and possible jail time for violating stop arm laws.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling accidents involving mass transit such as airplanes, trains, and buses. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Kannapolis, North Carolina Baby Hospitalized After Being Abused by Caregiver

Wed, 21 Oct 2009 08:00:00 EST

A three-month old Kannapolis, North Carolina (NC) baby is in the Carolinas Medical Center-Northeast fighting for her life after she was abused by her caregiver over the weekend.

According to the Kannapolis Police Department someone placed a phone call to 9-1-1 saying the baby was having trouble breathing. When emergency crews arrived at the caregiver’s apartment they noticed the baby had several severe injuries. They rushed her to the Carolinas Medical Center-Northeast and notified police of possible abuse.

Kannapolis police opened an investigation and arrested the child’s aunt and caregiver, Sandra Gallardo Petatan, after hospital workers determined the child had a broken arm, a skull fracture, and brain bleeding. Sandra Gallardo Petatan is being held on bond pending a further investigation by the Cabarrus County Department of Social Services.

As a parent you put a lot of trust in to a caregiver, especially one that is family member, and it is devastating when that trust is violated. Three-month-old baby Petatan faces a long recovery time that will undoubtedly be trying for both the child and the parents.

If you think your child has been the victim of caregiver abuse you have the right to a North Carolina (NC) Department of Social Services investigation. You can contact the Division of Child Development at 1-800-859-0829.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling traumatic brain injury and general head injuries. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled numerous head injury and brain trauma cases. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Hundreds of Lawsuits Filed Against Makers of Yaz and Yasmin Birth Control Pills Due to Serious Injuries

jlewis@hsinjurylaw.com (Blog Author)20359 — Wed, 21 Oct 2009 08:00:00 EST

So far, nearly 130 lawsuits have been filed in the U.S. in connection with the Yaz and Yasmin birth control pills. Women are suffering severe side effects such as blood clots, heart attacks, gallstones, stroke, symptoms of depression, a breast lump, sudden numbness, confusion, problems with vision, speech, or balance, chest pain, pain spreading to the arm or shoulder, nausea, and sweating. There have even been cases filed claiming women died due to taking Yaz or Yasmin.

The number of claims filed against Bayer, the manufacturer of Yaz and Yasmin, will probably continue to grow due to their initial popularity on the open market and ever-increasing evidence of a causal relation between the medications ingredients and horrendous side effects.

The popularity of these birth control pills has waned due to the revelation that Bayer made false proclamations in their Yaz and Yasmin television ads regarding the prescription drugs effectiveness in treating acne and PMDD (premenstrual dysphoric disorder). Bayer was forced to spend millions of dollars to clarify the misleading ads by the FDA.

Its pretty clear Yaz and Yasmin are dangerous drugs and more attention should have been paid to their effects on the female body.

Our injury firm has handled cases relating to dangerous drugs and we are outraged Bayer decided to aggressively promote and sell such risky medications to the general public.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling dangerous drugs and prescription drug errors. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right nowwe provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Trucker Violated Record-Keeping Law in I-495 Trucking Accident

jcooper@hsinjurylaw.com (Blog Author)20322 — Tue, 20 Oct 2009 08:00:00 EST

A trucking accident on I-495 in Delaware revealed a violation of federal record-keeping law which is becoming common place for truckers, according to WDEL. What is this law? It's a requirement that truckers document the hours they drive and must remain within a certain number on a given day in order to prevent exhaustion and poor driving.

The U.S. Department of Transportation sets the work hours and other working conditions of truckers involved in interstate commerce, according to the Department of Labor. A long-distance trucker may drive for 11 hours and work for up to 14 hours after having 10 hours off. A driver may not drive after having worked for 60 hours in the past 7 days or 70 hours in the past 8 days unless they have taken at least 34 consecutive hours off.

The trucker in this accident, who is from North Carolina (NC), violated the law by altering the number of hours he was working in order to drive longer hours than is permitted. This is an all-too-common practice in the trucking industry since driving more hours means more pay for the trucker.

I understand the desire to work more hours to make a few extra dollars, but when you're a trucker, this practice cannot be allowed. Handling such dangerous equipment on public highways requires a high level of mental attentiveness. Driving for a protracted period of time invariably leads to fatigue, which increases the risk of an accident.

As we see from this I-495 accident, driving too long leads to a decrease in driving ability and the results can be devastating. The truck clipped a car on Edgemoor Road and the driver of the car was injured. This may have been avoided if the trucker had stayed within the legal hourly limits.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling truck accidents. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). . Our attorneys have handled thousands of automobile negligence cases involving trucks, cars, trains, and motorcycles. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right nowwe provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Virginia Has Seen No Increase in Medical Malpractice Claims and Payouts

jlewis@hsinjurylaw.com (Blog Author)20248 — Mon, 19 Oct 2009 08:00:00 EST

One of the popular myths being perpetuated by tort reform advocates is that health insurance premiums have increased substantially due to an increase in medical malpractice claims and payouts. This is false, especially in Virginia (VA).

Virginia (VA) medical malpractice claims are actually below the national average and have been stagnate the past two years.

Even more confounding is the notion that in order to solve this problem, we need to place more restrictions on medical malpractice claims. People need to realize there are already caps on damages in Virginia (VA) and some level of tort caps in 45 other states.

Another popular inaccuracy is that the courts are inundated with frivolous law suits. This is also false. A Harvard study showed that 97 percent of all medical malpractice claims have merit.

As an injury lawyer who regularly represents victims in medical malpractice cases, I get so frustrated when the facts get distorted and people fail to see the real issue at hand. Whats the real issue? The fact that nearly 100,000 people die every year due to preventable medical errors. This is the real injustice and we need to do something to correct this problem. Lets stop vilifying lawyers with incorrect rhetoric and actually talk about important issues to help save peoples lives.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right nowwe provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.