North Carolina Personal Injury Lawyers Blog

We often talk about the risks that drivers face for fatal car accidents in Rock Hill and elsewhere. But what also needs to be focused on are the risks that passengers face as well.

Passengers have absolutely no control on the driver's actions behind the wheel and fall prey to those decisions. According to recently-released statistics from the National Highway Traffic Safety Administration (NHTSA), there were nearly 22,200 occupants of passenger vehicles who were killed in car accidents in 2010. Of these passengers who were killed, nearly half of them were wearing a seat belt at the time of the accident.

Statistics reveal that slightly more than 50 percent of them were unrestrained at the time of the accident.

Although the rate of seat belt usage has been rising in recent years, we're still losing far too many passengers on our roadways. Sometimes a seat belt isn't enough to save a passenger from the impact of a collision. Frequently, they save lives and reduce the risks of injuries.

Our Rock Hill car accident lawyers understand that passengers between the ages of 25- and 34-years-old made up the largest group of those killed on the road. There were close to 3,500 people in this age group who died as passengers in a motor vehicle accident. These scenarios continue to be the leading cause of death for this age group. That's why we're asking all passengers to be responsible and to be proactive. We're asking you to speak up if you witness a driver engaging in dangerous behaviors behind the wheel. If they're driving while distracted, if they're disregarding road laws or if they're driving with an unclear mind, we're asking passengers to speak up!

After the 25- to 34-year-old age group, the group of passengers who accounted for the second highest number of these fatalities was the 21- to 24-years-old age group.

It's important for parents and guardians to make sure that children are buckled up during every car ride, too. In 2010, there were close to 250 passengers who were under the age of 4 who were killed in motor vehicle accidents. In these accidents, close to 60 of these victims were not buckled in by a driver or another adult.

Men accounted for more than half of the passenger fatalities for the entire year. Most of them weren't wearing a seat belt during the time of collision either.

According to the Insurance Institute for Highway Safety (IIHS), children over the age of 6-years-old must wear a seat belt in all seats. If you're busted without your seat belt, you could not only face a fine of $25, but you also face alarming risks for death in the event of an accident.

Continue reading "Passengers Suffering in Car Accidents in Rock Hill and Elsewhere" »

The sun is shining through and the warm weather's here.

With these changes, bicyclists are dusting off their helmets and they're hitting the open road. What's also here is the most recent statistics for bicycling accidents in Charlotte and elsewhere. According to newly-released data from the National Highway Traffic Safety Administration (NHTSA), there were nearly 620 bicyclists killed in auto-related accidents throughout the U.S. in 2010. In addition to these fatalities, there were also more than 50,000 bicyclist injuries as a result of crashes with motor vehicles. Bicyclists face serious risks for injury and death and we're asking motorists to watch for bicyclists and motorcycles through the summer riding season.

Our Charlotte bicycle accident attorneys understand that the summer season brings about increased risks for these kinds of accidents. In 2010, bicyclist fatalities accounted for about 2 percent of all roadway fatalities. When you think about it, that's a lot considering there are so many more motor vehicles than there are bicyclists. These two-wheeled travelers face some serious risks for death when involved in traffic accidents as they're provided with almost no protection when up against the power and the size of a vehicle. For this reason, we're asking all drivers to be on the lookout for these vulnerable motorists. Driver attention may be one of the keys in preventing these kinds of accidents.

In the state of North Carolina there were nearly 25 bicyclists who were killed in auto-related accidents in 2010.

The number of overall bicyclist fatalities may have decrease by just 2 percent from the year before, but with all of the bicycling campaigns and programs that are sweeping our country we can expect even more bicyclists than ever before. Residents nationwide are pedaling for fun, for fitness, and for transportation. And with more bicyclists we have higher risks for accidents.

Bicyclists are urged to be extra careful during the evening hours. A majority of these accidents happen between the hours or 4:00 p.m. and 7:59 p.m. The second most-dangerous time for these accidents is between 8:00 p.m. and 11:50 p.m. When riding during the evening hours, bicyclists are asked to make themselves as visible as possible. Wear bright-colored clothing and consider adhering reflective tape to your clothing and to your bike.

All bicyclists are at a serious risk for one of these accidents, but 42-years-old was the average age of bicyclists killed in auto accidents in 2010. Throughout the last 10 years, this number has been increasing steadily.

If you're a guy you might want to be a little more cautious, too. The NHTSA reports that nearly 90 percent of those who were killed in bicycle accidents in 2010 were males. This was the same for bicyclist injuries.

What this means is that these accidents often seriously injure or kill a family's primary wage earner. Seeking justice will help ensure the resources are available for recovery and to take care of your family.

Continue reading "Bicycle Accidents in Charlotte and Elsewhere Increasing through Summer Season?" »

It's the summer season and risks for car accidents in Asheville and elsewhere are super high!

Kids are out of school and summer vacations are in full swing. With this time of the year, we're walking into the 100 Deadliest Days of the year, according to Mothers Against Drunk Driving (MADD). Teen car accidents are expected to see a dramatic increase during the next few months.

In 2009, there were approximately 3,000 motorists between the ages of 15- and 19-years-old who were killed in traffic accidents across the country. There were nearly 400,000 teens who were injured in these same scenarios. Young motorists are warned that nine out of the 10 deadliest days for teens on our roadways happen between the months of May and August.

Our Asheville car accident lawyers are calling on the help of parents and guardians to help to reduce the risks of car accidents for our young drivers. By sitting down and talking with the young driver in your life, we can help to raise awareness about the importance of safe driving habits on our roadways during this dangerous time of year.

AT&T is even joining the fight against these accidents. The cell phone service provider has joined with organizations around the country to help to spread the word about the risks associated with distracted driving and other dangerous habits behind the wheel. More than 95 percent of teens acknowledge that texting while driving is dangerous. Even with this knowledge, nearly 45 percent of these young drivers admit to sending text messages while driving. What's worse is that another 75 percent say they commonly observe their peers engaging in this dangerous behavior behind the wheel.

MADD is here to help to reduce the risks for car accidents among our teens by offering parents with the tips listed below. Parents are urged to review the following tips and make the move to have the talk with the young drivers in their family.

Safe Driving Tips for Teens:

-Make sure there's no drinking and driving. EVER! These young drivers may not be old enough to legally consume alcohol, but you'd be surprised as to how many are doing it anyway.

-Be sure to wear a seat belt during every car ride! Low seat belt use is one of the primary reasons that teen motorist fatality and injury rates remain high.

-Be sure to keep distractions out of the driver's seat. This includes cell phones, text messaging devices and other electronics.

-Parents should limit these young drivers' nighttime driving.

-Obey all speed limits and other posted road laws at all times.

-Make sure teen's keep an eye on their vehicle. Keeping a car in good-working condition can help to reduce the risks of accidents. Keep an eye on the tire's air pressure, the fluids and the battery.

Continue reading "Teen Car Accidents in Asheville and Elsewhere Likely through Summer" »

The weather is warming up and the sun is shining. This time of the year provides the perfect conditions to get outside and to take a dip in the pool. Unfortunately, this time of year also brings about dangerous conditions for children especially. During the summer months, children face some of the highest risks for swimming pool accidents in Greenville and elsewhere.

According to SafeKids, there has been an average of about 800 children under the age 15-years-old who have died every year since 1999 because of unintentional drowning. In 2008, there were nearly 750 of these fatal accidents. They're completely preventable. It just takes some awareness from parents and caregivers.

Our Greenville swimming pool accident attorneys understand that the summertime is a fun time for young residents across the country. Kids are let out of school on summer break and the weather warms up just in time. We're counting on parents to keep an extra watchful eye on our young swimmers this summer to help to prevent accidents. Without you, these young children are virtually helpless in and around the pool.

As a matter of fact, drowning is the number one cause of unintentional injury-related death among kids under the age of 14-years-old. From 2006 to 2008, there have been more than 5,000 spa- or pool-related submersion injuries treated at emergency rooms across the county.

Parents and guardians are urged to keep an eye on the younger children. Kids under the age of 5 account for more than 75 percent of reported swimming pool fatalities. They also account for about 80 percent of E.R. submissions for such injuries.

Most of these kinds of accidents happen at homes rather than at public pools. It's not just swimming that we need to worry about. We also need to keep an eye on children near pool drains. From 1995 to 2005, there were about 100 cases of body entrapment by a spa or pool drain. There were another 45 reports of hair entanglement in these drains during this time.

It's time to set up some safety measures to help to prevent any of these kinds of accidents during the summer season. Parents are urged to set up four-sided fences around their home's pool. These fences can potentially prevent 50 to 90 percent of drowning accidents. Parents and guardians are also encouraged to look into door alarms, pool covers, pool alarms, etc. to keep kids away. Drain covers are also highly recommended.

Here are some more tips to help to prevent backyard drownings:

-Keep pools fenced and locked whenever adults are not present.

-Whenever above ground pools are not being used, remove the steps.

-Always keep rescue equipment nearby.

-Learn CPR and First-Aid.

-Always supervise children in the pool, even if they're able to swim.

-Never substitute flotation devices for supervision.

Continue reading "Swimming Pool Accidents in Greenville and Elsewhere Likely during Summer" »

During a recent boating accident in Hendersonville, a 50-year-old Carolina man drowned. While boating in Lake Osceola, the man's canoe capsized and he was unable to swim to shore. His fiancée made it out alive but he was not as fortunate.

Officials point out that this is the third lake drowning that has happened in Western North Carolina this year, according to the Citizen-Times. The accident happened at about 4:00 p.m. on a 12-acre lake located just south of the city of Hendersonville. The two were in town visiting from Greenville, South Carolina.

Henderson County Sheriff's Office's Capt. Frank Stout says that he man tried to swim ashore but never made it. Witnesses say that they saw him go under the water just once. He never made it back up.

Our Hendersonville injury attorneys understand that it's that time of year again -- that time when residents and visitors head out to our waterways to enjoy some fun in the sun. Unfortunately, it's also a time when we see an alarming number of boating accidents. In the state, wearing a life jacket isn't required by law but all boater's are still encouraged to do so. Life jackets may be a boater's best defense in the event of a watercraft accident.

Officers are still investigating the boating accident to see if the man's health played a factor, or if there were other factors that played a role.

The state's boating law requires each vessel to have one life jacket present for each person that's on the boat. The canoe involved in the accident didn't have any life jackets on board. Also under state law, children under the age of 13-years-old are required to wear a life jacket at all times. Lastly, those who are operating a personal watercraft, regardless of how old they are, must wear a life jacket.

When the canoe came ashore it was still swamped with water. Officials say that they found a wine cooler and a beer nearby. Both of them were half empty.

There hasn't been any word released yet as to whether or not alcohol played a role in the accident. Officials say that the autopsy will be conducted to figure that out.

The couple was in a boat from the Mountain Lake Inn. Hotel guests are permitted to use the kayaks and the boats from the Inn, but are warned to do so at their own risk. There was also a sign near the boats that stated that boat users had to make sure that there were enough life jackets on the boat to account for each passenger.

Other drowning accidents, victims not wearing life jackets, in Western North Carolina in 2012:

-April 7th: Fontana Lake, 56-years-old.

-March 19th: Lake Hiwassee, 55-years-old.

Every year, there are about 20 fatal boating accidents across the state. Most of these fatalities are the result of drowning accidents.

Continue reading "Boating Accident in Hendersonville Kills Carolina Resident" »

We thought there may have been a glimmer of hope when we saw a 16 percent decrease in the number of fatal motorcycle accidents in Spartanburg and elsewhere back in 2009. That glimmer has been squashed. According to Reuters, the number of motorcycle accidents nationwide has been on the rise for the last 2 years despite the recent decrease in the number of overall motor vehicle fatalities nationwide.

We're seeing the lowest number of overall motor vehicle accidents since 1949, but that doesn't count the number of motorcycle accidents. There have been a number of safety awareness campaigns, like the recent Motorcycle Safety Awareness Month, but nothing seems to be working. Within the last year, the number of motorcyclist fatalities has r increased in 26 states.

Our Spartanburg motorcycle accident lawyers understand that there were nearly 5,000 motorcyclist fatalities in each year of both 2010 and 2011. Officials are pointing to a number of reasons for the steady numbers. Some credit the improving economy, saying that more residents have the extra cash to splurge on a motorcycle. Some credit the rising gas prices, saying that motorists are looking for the cheapest way to get around. For both of those reasons, more motorcyclists are hitting our roadways and with more traffic we're seeing more risks for accidents. Some even credit a lackadaisical government, saying that motorcycle helmet laws in many states aren't strict enough and too many riders are flying down our roadways unprotected.

Back in 1975, there were 47 states that required helmets for all riders. Now there are only 19 states that have this kind of law in place. With opposition from bikers' rights groups, there are five states that are looking at repealing their current helmet law. Motorcyclists are already at high risks for serious injury and death in the event of a traffic accident. Their risks skyrocket when they're not wearing a helmet!

In the state of South Carolina, only motorcyclists under the age of 21-years-old are required to wear a motorcycle helmet, according to the Insurance Institute of Highway Safety (IIHS).

Some of these fatal accidents are just because of a lack of safety. In 2010, nearly 30 percent of motorcyclist fatalities were the result of alcohol. During this same time, nearly 40 percent involved a speeding driver, according to the Governors Highway Safety Association.

How can you help?

If you're a motorist, try to keep a better eye out for our two-wheeled friends. Motorcyclists are oftentimes overlooked in traffic because of their small size. Take that extra moment to check your surroundings, especially your blind spots, to make sure there are no motorcyclists around you before making a move in traffic.

If you're a motorcyclist, wear a helmet regardless of your state's law. Avoid drinking and driving, abide by the speed limit and drive cautiously.

Continue reading "Motorcycle Accidents in Spartanburg and Elsewhere Remain Steady" »

There's been a number of consumer product recalls recently that have safety officials and consumers concerned.

You may remember the recall of the inflatable pool slides from Toys 'R' Us and Walmart that happened earlier this year. These items were recalled after the death of a woman and a few other serious injuries in Asheville and elsewhere. But with the history of problems regarding inflatable pool toys, this will probably pass and consumers will soon forget, many still having these items in their home. According to statistics, only about 10 percent of recalled products are ever returned by consumers, according to TIME. That's right. You might have some dangerous products in your home and not even know it! That's why we're urging consumers to stay up to date with this kind of information. Staying in the know can help to prevent a potentially fatal accident!

"We know that the majority of products that are recalled remain in consumers' homes," says Nancy Cowles, executive director Kids in Danger.

Our Asheville defective product attorneys understand that residents are not always informed about recalls and when consumers don't know, people get hurt. Remember the recall from the Consumer Product Safety Commission back in February in which there were 200,000 furnaces nationwide recalled? Those same furnaces were recalled less than 10 years earlier because of a number of household fires. In both cases, a majority of the furnaces were never returned to the company. They just stayed in residents' homes, serving as serious fire hazards. Nearly 95 percent of the near 400 accidents happened after the recall was made. If you have a product that has been recalled, it's important for you to return the product for a refund or for a repair, depending on which the manufacturer is offering. It's nothing to gamble with. Get it out of your house and away from your loved ones.

People keep recalled products in their homes for a number of reasons. Sometimes it's because they never knew of the recall in the first place. Sometimes it's because all the hype around these recalls has numbed consumers to the actual threats and no one really takes them seriously anymore. Consumers think they've got the upper hand and that an injury won't result from one of these products. Either way, the result is that people are getting hurt long after these recalls have been issued.

Until retailers, manufacturers and government officials do a better job informing the public about safety recalls, it's important for consumers to check out the CPSC's Safety Recall Page frequently.

Here are some of the latest recalls, according to TIME:

-LG Dehumidifiers.

-Drop-Side Cribs.

-Family Dollar Store Toy Dart Guns.

-Gel Fuel.

-Roman Shade and Roll-Up Blinds.

-Magnetix Building Sets.

-Maclaren Strollers (Pre-2010).

-Maytag Dishwashers.

-Lasko Box Fans.

-Bumbo Baby Seats.

Continue reading "Defective Products in Asheville and Elsewhere Making Headlines!" »

Out of the nearly 3 million car accidents that were reported in twenty-five states in 2009, nearly 2 million of them were caused by speeding drivers. According to the National Highway Traffic Safety Administration (NHTSA), far too many car accidents in Asheville and elsewhere in the state of North Carolina are caused by speeding drivers.

According to The Newspaper, nearly 80 percent were the result of drivers going too fast for the current conditions and more than 20 percent were because drivers exceeded the posted speed limit. Recent data concluded that most of these accidents were the result of the weather and drivers failing to adjust their driving habits to compensate for the change.

It's important for drivers to adjust their driving habits to the current conditions. When it's raining, snowing or any other kind of inclement weather, drivers are asked to slow it down and pay special attention to their surroundings.

Speedy drivers dish out a lot of money. Speeding tickets make millions for state governments, insurance companies and municipalities each year. In twenty-five states, speeding contributes to about 10 percent of all accidents and all of these accidents are completely preventable is drivers were to just slow down!

Our Asheville car accident attorneys understand that at an accident scene officers have to determine if a driver was exceeding the speed limit or if they were in fact driving under the speed limit but driving too fast for road and weather conditions. Half of the United States reports this information separately. The other half just clumps it all into "speed-related" crashes. It's important for states to keep detailed reports about their accidents in order to determine where to make changes.

"In speeding-related crashes, a higher proportion of crashes occurred on adverse road surface conditions during cooler months, as compared to other crashes," stated an NHTSA report.

The faster a vehicle is traveling at the time of impact, the more likely it is for a driver to be killed. Safety officials create speed limits to keep traffic safe and to help to keep motorists alive. They're strategically placed by officials and calculated to determine which speeds are safest on each road. They're not just there to slow you down.

According to the Insurance Institute for Highway Safety (IIHS), speed-related accidents take the lives of nearly 1,000 Americans every month. In 2009, speeding was a factor in more than 30 percent of all fatal traffic accidents. These crashes took the lives of nearly 11,000 people during this time. According to the NHTSA, the economic cost of speed-related crashes is more than $40 billion each year.

Although drivers of all ages are involved in speed-related accidents, male drivers are more likely than female drivers to be in a speed-related accident. Younger drivers are also more likely to be involved in a speed-related accident than an older, more experienced driver.

Continue reading "Speed a Top Factor in Car Accidents in Asheville and Elsewhere" »

Employers from across the U.S. are realizing the dangers that are presented on our roadways when workers use their cell phone behind the wheel. To help to make our roadways safer for everyone, employers are taking it upon themselves and their companies to implement comprehensive cell phone policies.

To help these employers, the National Safety Council is recommending policies that ban the use of both handheld and hands-free devices behind the wheel. The Council recently announced the release of an updated Cell Phone Policy Kit that aims to keep up with the most recent distracted driving trends and statistics.

Companies, communities and organizations are all encouraged to take advantage of the NSC Cell Phone Policy Kit. By implementing more laws and regulations to regulate distractions behind the wheel, we can work our way to safer roadways be helping to reduce the risks of car accidents in Asheville and elsewhere.

In a 2009 survey conducted by the NSC, more than 2,000 NSC members responded and concluded that nearly 500 companies ban the use of both hands-free and handheld devices for some or all of its drivers. Nearly all of those who were surveyed said that productivity remained the same.

Our Asheville car accident lawyers understand that distracted driving is alarmingly common on roadways worldwide. According to recent surveys, drivers understand the dangers that are presented by distracted driving and support measures to help to stop this behavior, but still drivers aren't willing to hand up the phone behind the wheel. Currently, there are 35 states that prohibit all drivers from texting behind the wheel. There are only 9 states, including the Virgin Islands and DC that prohibit all drivers from using handheld cell phones. In addition, there are 30 states, as well as DC, that ban novice drivers from using a cell phone while driving.

Still, with these laws in place our country saw nearly 5,500 roadway fatalities in 2009 because of distracted driving. Included in these statistics are another 450,000 injuries. Officials believe that this number is actually much higher as they believe that not all cases of distracted driving were reported in accident reports. With the statistics that we do have, nearly 20 percent of all fatal accidents involved a distracted driver.

The NSC Phone Policy Kit Includes:

-A sample of an effective comprehensive cell phone kit.

-FAQs.

-A sample letter for the NSC President to company employees.

-Various posters and tip sheets to help to raise awareness about and educate employers of the dangers of distracted driving and of the new policies.

-A one year plan and roll out calendar.

-Various activities to help employers to discuss the topic of distracted driving. It's important to get everyone on the job on the same page!

Continue reading "Distracted Driving Car Accidents in Asheville and Elsewhere Targeted with New NSC Kit" »

The transporting of large loads can be a multifaceted and very detailed process that involves several different parties. But if there is an accident caused by the recklessness of more than one of those parties, what happens?

If you have been injured in a Carolina truck accident, it is important to know who you can sue for damages. Our Charlotte injury attorneys understand that the process can be tough, but we want to help you identify the liable parties in your personal injury lawsuit.

Roquemore v. E.R. Express is case that exemplifies the legal intricacies surrounding trucking accidents. This case began where American Bridge Manufacturing (ABM) had an extremely large beam it needed to transport from Oregon to Michigan. ABM hired Sherman Brothers to arrange for the logistics of the transport, including obtaining the permits necessary and the driver. Sherman Brothers hired Trans/Mid-American to obtain these permits.

American Bridge loaded the beam onto the tractor trailer. And Karkhu, who was employed by E.R. Express, prepared to drive this E.R. Express tractor trailer to Michigan. ABM had reported the beam to be measured at 13 feet and nine inches; however, in reality it measured at 13 feet and ten and a half inches. Had these measurements been accurately reported by ABM to Sherman Brothers, and then to Trans-Mid-American, the permit for transport would have never been issued because there was an overpass on route that the truck would not have been able to clear.

Nickie Donald was traveling in a tractor trailer behind the truck Karkhu was driving, which carried the beam. Karkhu approached an overpass, and upon attempting to go under it, the beam smashed into the overpass. The impact of this caused the beam to dislodge from its reinforcements on the truck and the beam went flying back into the cabin of Donald's truck. The weight of the beam was so great that it pinned Donald into the cabin until he bled to death. It was only through the use of a crane that Donald's body was able to be recovered.

Donald's estate was represented by Roquemore, who sued the four companies listed above. The main argument was that each of the four parties had been negligent and this negligence combined caused the death of Donald.

Because the actual truck that collided with the overpass was owned by E.R. Express, the other three companies argued that they could not be held liable. In support of this contention, these three defendants relied on Michigan state statute which they interpreted as stating that only the owner of a vehicle that collides with a lawfully established bridge can be held liable under common law negligence.

The initial court to hear this case agreed with the collective defendants and dismissed the plaintiff's negligence claim against three of the four parties, only leaving E.R. Express as a liable party. Plaintiff appealed this decision leading to this circuit court case.

The final holding of this case illustrates the complexities involved in truck accidents. The court distinguished that where intervening and concurrent causes each contribute to an accident, the liability can be distributed among all of the negligent parties consistent with the amount of negligence each party is guilty of. It is common to see one party held liable in a truck accident because the other parties usually settle beforehand. Thus, there is no precedent that dictates that only one party can be held absolutely liable.

Therefore, this court found that each of the negligent parties can be parties to the litigation as long as they were in fact negligent and their negligence contributed to the plaintiff's damages.

Continue reading "The Court in Roquemore v. E.R. Express Explains the Distribution of Liability in North Carolina Truck Accident Cases " »

There were nearly 31,000 motorists cited throughout the state during this year's "Motorcycle Safety Awareness" Campaign, which took place from April 30th through May 6th.

Motorists were handed various traffic and criminal citations during this time by both local and state law enforcement officials. This campaign aims to raise awareness about motorcycles on our roadways and to help to reduce the risks of accidents in Charlotte and elsewhere.

"State and local law enforcement agencies across the state stepped up patrols and conducted training during the week-long campaign to educate cyclists and motorists about the importance of motorcycle safety," said Governor's Highway Safety Program (GHSP) Director Becky Wallace.

Our Charlotte accident lawyers understand that motorcyclists have some of the highest fatality rates of all drivers. As we head into the summer months we can only expect more and more motorcyclists on our roadways. These motorists are oftentimes overlooked on our roadways and with the little protection, they're likely to be seriously injured or killed in traffic accidents across the nation. For that reason, safety officials believe it's important to raise awareness about these vulnerable motorists.

During this year's safety campaign, officials with the GHSP worked alongside various law enforcement agencies to conduct a number of motorcyclist safety rider training programs statewide. In addition to these efforts, Bike Safe North Carolina conducted a number of motorcycle safety training classes throughout North Carolina. These classes will be continuing on throughout the remainder of the month.

In 2011, there were nearly 200,000 registered motorcycles in the state of North Carolina. During this time, there were more than 4,115 motorcycle accidents. These crashes ended up taking the lives of more than 140 motorcyclists and injured another 4,000, according to the North Carolina Department of Transportation (NCDOT).

To help to further the education, the GHSP offers these safety tips to motorists:

-Motorists and motorcyclists are required to share the road with one another. Motorcycles have the right to a full lane of traffic. They follow the same road rules as you and I and should be treated with the same respect as any other driver.

-Stay alert behind the wheel. Motorcyclists can easily get lost in traffic and in a vehicle's blind spot. Be sure that you take an extra second to look through traffic for these small motorists before making a maneuver in traffic, whether it's a turn or a lane change.

-Make sure that you keep a safe distance from motorcyclists. Allow more following distance behind these vehicles.

-Be cautious. The turn signals on motorcycles are not self-canceling. Sometimes riders can forget to shut them off. Make sure a biker's signal is for real.

Continue reading "Motorcycle Accidents in Charlotte and Elsewhere Targeted through Campaign" »

Dogs are more dangerous than you think. As a matter of fact, recent statistics from State Farm Insurance show it paid out nearly $110 million for nearly 4,000 dog bite claims in just 2011, according the Mansfield News-Journal.

And that's just that one insurance company. You can imagine what the total payout for these injuries were - A LOT! Loretta Worters, a spokesman for the insurance company, estimates that insurance companies nationwide dished out nearly $500 million throughout 2011 for dog-bite injuries in Asheville and elsewhere.

In 2010, State Farm paid out only about $90 million for these claims. Experts are trying to determine the reason for the increase. Every year, more than 4 million people are bitten by dogs. About half of these victims are children. Nearly 1 million of these victims had to seek medical attention following these accidents. To make matters even worse, nearly 20 die every year from dog bite injuries.

Our Asheville dog bite attorneys understand that some are at higher risks for these accidents than others. Children between the ages of 5- and 9-years-old and Postal Service workers are two of those groups. For just Postal Service workers, more than $1 million was dished out for these injuries. Dogs of all shapes and sizes can attack. Even the calmest of dogs can snap and can attack. It's important to practice caution around all dogs, even the ones you know. Many dog bite accidents happen when people are bitten by familiar pups.

For these reasons, the third full week in the month of May is always used as National Dog Bite Prevention Week. During this time, the American Veterinary Medical Association, the U.S. Postal Service and State Farm release various dog bite statistics and launch a number of dog bite-awareness campaigns to promote dog safety.

The average cost in 2011 for one is these injuries was nearly $29,000, said Martinez.

In the state of North Carolina, a dog owner faces misdemeanor penalties if a dangerous dog attacks someone and causes physical injuries that require medical attention or treatment in excess of $100. Owners also face strict liability in civil damages for any injuries or property damage the dog inflicts upon a person, another animal or a person's property. If someone suffers from a dog bite injury and requires medical treatment, they're required to report it to a health director and the dog must be confined for ten consecutive days for monitoring purposes.

A Dangerous Dog:

-A dog that, without provocation, inflicts serious injury or kills someone.

-A dog that has been determined by a Board by the county or municipal authority responsible for animal control to be dangerous because the dog has previously engaged in one or more of the behaviors.

-A dog that has been harbored or owned for any reasons pertaining to dog fighting. Any dog that has been trained to fight will be considered dangerous.

Continue reading "Company Pays out $109M in Dog Bite Injury Claims in Asheville and Elsewhere in 2011" »

The legalese in car insurance policies can be very intimidating. And if you are denied benefits in your Carolina vehicle accident case, you may not understand why.

Having an experienced Carolina injury attorney can mean the difference between getting your insurance benefits and going medically untreated.

A recent case out of New Jersey deals with questions arising from insurance policy exclusions. Vann v. Mercury Indemnity Company, No. A-4264-10T4 (N.J. Apr. 25, 2012). Richard Vann (plaintiff) worked as a truck driver for his father's company named Vann Trucking. Vann Trucking owned three trucks which they used to attach and transport trailers. Plaintiff preferred using just one of the trucks for the three to five days a week that he was working with Vann Trucking.

Plaintiff had an automobile insurance policy with Mercury Indemnity Company (defendant) for the two personal passenger vehicles that he owned. Under this insurance policy, the defendant was to pay personal injury protection (PIP) benefits and med-pay benefits. Vann Trucking had a commercial policy with a different insurance company that did not offer PIP or med-pay benefits.

Plaintiff was driving the Vann Trucking truck he usually used when he decided to stop on a service road outside of Philadelphia. He had been traveling to pick up a trailer to hitch to his truck and transport. As the plaintiff was stopped in the truck, a train came and collided with the truck where plaintiff was. As a result of this train-truck accident, plaintiff sustained injuries to his head, neck, shoulders and back.

Because the plaintiff was unable to collect med-pay from the Vann Trucking commercial insurance policy, he decided to enter a claim with the defendant because it was his personal insurance carrier.

The defendant denied plaintiff med-pay benefits because of a provision in the policy called the "regular use" exclusion. Insurance policy exclusions are where insurance companies specify which circumstances would render the insured excluded from obtaining benefits.

A "regular use" exclusion was created by insurance companies to encourage people to purchase insurance for all vehicles they own and operate. These provisions were also created to protect insurance companies from having to pay for injuries sustained when those they insure are driving a vehicle for work and are injured.

The exclusion applicable to this case stipulated that the defendant would pay medical expense benefits where someone they insure suffers bodily injury in an accident with a vehicle they own. The part that excludes benefits states that where an insured is injured while using a vehicle customarily used, the defendant does not have to pay med-pay benefits.

Essentially, an insurance company will extend benefits to you where you are involved in an accident in a car you do not own, only when it is a rare occurrence for you to drive that vehicle.

The court in this case analyzed previous case law that dealt with this type of insurance exclusion provisions. In the past in New Jersey, courts have held that employees who are injured while driving a vehicle owned and insured by their employer, cannot seek med-pay benefits from their private insurance carrier. This is because these cases usually involved the insured customarily driving this work vehicle.

In order to be consistent with previous case law, this court entered summary judgment for the defendant. Plaintiff was unable to collect med-pay benefits as a result of this truck-train accident.

Continue reading "What Does the Small Print in Your North Carolina Car Insurance Policy Mean? Consult Vann v. Mercury" »

Immunity is a key concept in many North Carolina premise liability cases that occur on government property.

When you are injured on government property, you may be confused about your legal rights. Our experienced Carolina injury attorneys want to help you get the award you deserve.

In a recent Virginia case, the court delves into questions surrounding sovereign immunity classifications for governments in potential premise liability claims. Seabolt v. County of Albemarle, No. 110733 (Va. Apr. 20, 2012).

Sovereign immunity was created by statute to protect federal, state and local governments from lawsuits which would result in taxpayer money being awarded to victims of government agents' civil wrongs. When someone sues the federal, state or local government, the government can raise the defense of sovereign immunity and the case may be dropped. Where a case is dropped by the court because of sovereign immunity it is because this immunity eliminates the courts subject matter jurisdiction over the cause of action.

This immunity has been limited through the creation of a legislative act referred to as the Federal Tort Claims Act. The purpose of this act is to waive immunity in instances where the claim arose because a government agent or officer acted negligently in the course of their employment causing injury to another person. This act has been adopted by the states in a variety of ways.

In this case, Seabolt (plaintiff) was injured while she was on a playground that belonged to the County of Albemarle (defendant) in Virginia. The previous court hearing this case found that the plaintiff's injuries were the result of a county employee who negligently maintained the premises. Plaintiff looked to Virginia Code §15.2-1809 which dealt with a counties liability where it is operating a recreational facility, park or playground. This statute explicitly states that a county can be held liable for the damages caused because of the gross negligence of a county employee.

The defendant argued that it could not be held liable because of the doctrine of sovereign immunity. Additionally, it stated that the above referenced state statute did not apply to counties because it was only a waiver of liability to cities and towns.

The court in this case looks to two critical legal concepts. First, the court distinguishes the difference between being held liable for an employee's negligence and being held liable for the damages. Secondly, the degree of the employee's negligence is integral to the applicability of the statute. If an employee is grossly negligent, a county can be held liable; however, where an employee is simply negligent a county is not held liable for the damages.

Gross negligence is a type of action or omission on the part of someone who owes a duty of care that amounts to extreme carelessness and/or egregious behavior. Regular negligence is where someone breaches the duty of care but the action or omission is not extreme.

Although every state has different immunity statutes, the court in Seabolt points to the Virginia Tort Claims Act which identifies that the statutory limitations on sovereign immunity are not extended to county governments.

Therefore, any county, city or town in the Commonwealth of Virginia is immune from liability where a person is injured because of the gross negligence of a county, city or town employee acting within the scope of their employment.

Continue reading "The Role of Sovereign Immunity in North Carolina Premise Liability Cases Discussed in Seabolt v. County of Albemarle " »

An 18-year-old was killed in a recent motorcycle accident in Spartanburg County, reports WYFF.

According to the South Carolina Highway Patrol, the fatal motorcycle accident happened at roughly 11:00 p.m. this last weekend. Officers report that he was wearing his helmet when the accident happened, but that wasn't enough to save him from the impact. No other vehicles were involved in the accident. Officers are still investigating.

Our Spartanburg motorcycle accident attorneys have been talking about Motorcycle Safety Awareness Month. During the entire month of May, safe driving advocates are working to raise awareness about these vulnerable two-wheeled drivers on our roadways.

Now, we're going to discuss the dangers that our young drivers face on our roadways. They actually have the highest risks for accidents. In 2009, there were roughly 3,000 teen drivers on our roadways who were killed in motor vehicle accidents. Nearly 400,000 additional teen drivers were injured during this time. It's important for parents to stay on top of their teen's driving habits to make sure they're safe every time they jump behind the wheel.

Drivers under the age of 18 must complete the following to obtain a full driver's license in North Carolina:

-Complete an approved driver education class. These classes include driver training as well.

-Must have completed the requirements of a learner's permit.

-Must drive with a learner's permit for at least a year.

-Must have completed the requirements for provisional license.

-Must have held a provisional license for at least six months,

-Can apply for a full driver's license when the above steps are completed and the driver has turned 18-years-old.

Many states require these young drivers to complete these steps because restrictions through a graduates driver's licensing (GDL) program help to teach our driver safe habits behind the wheel. The stricter these programs are the better they work. These drivers are exposed to a little bit at a time and can develop their safe driving habits without being overwhelmed.

According to the Governor's Highway Safety Association (GHSA), North Carolina ranked in second place for having the most deaths among 16- and 17-year-old drivers during the first six months of 2011. North Carolina only ranked behind Texas. We saw nearly 20 deaths during that time, according to My FOX 8. Second place in this race is nothing to be proud of!

"North Carolina doesn't even meet the national standards on the amount of time devoted to driver safety, which nationally is 40 hours in the classroom and 10 hours behind the wheel," said Neil Doroshenko of AAA.

Continue reading "Teen Killed in Spartanburg Motorcycle Accident" »