June 4, 2013

Officials Looking for Two Missing Carolina Boaters


it was a deadly weekend out there on our South Carolina coast. According to Independent Mail, authorities have found the body of a missing fisherman, but are still on the hunt for two more people after separate boating accidents in South Carolina Lowcountry.
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The state of South Carolina has an abundance of water resources with 8,000 miles of river, 460,000 acres of lakes, and 3,000 miles of coastline.

Our Charleston boating accident lawyers understand that many residents and visitors look forward to hitting the open water and escaping the worries of life. Unfortunately, there are only more worried to be had on the water. According to the South Carolina Department of Natural Resources, there were close to 100 recreational boating accidents recorded in the state of South Carolina in 2011. Among these accidents, there were close to 20 fatalities.

It's important that boaters are up to speed with their boating safety before heading out on the water. Making a list, and check it twice, to help to prevent any boating mishaps.

On the Water:

-Check the weather before you head out.

-Make sure you've freshened up on your boating skills. Consider enrolling in a boater's safety course. You can never be too good of a captain. Operator errors account for 70 percent of boating accidents -- take a course.

-Make sure you understand how to navigate the waterways. It's critical for you to understand the buoy system.

-Never operate a vessel under the influence of drugs of alcohol.

-Check the fire extinguisher on your vehicle. Make sure it's working correctly before every time you venture out.

-Be on the lookout for overhead wires and power lines. This is especially important while traveling through canals and smaller bodies of water.

-Make sure that there are enough floatation devices in your vessel for every passenger on board.

-Make sure that all young children are wearing a life vest at all times.

-Before heading out, make sure that all of the lights on your vessel are working properly. You want to make sure you're seen out there at all times.

-Make sure you always carry a cell phone with you when hitting the water.

-Remember that state law says that vessels may not be operated in excess of idle speed within 50 feet of an anchored vessel, wharf, pier, dock, or a person in the water. Vessels may not operate in excess of idle speed within 100 yards of the Atlantic coastline.

-Make sure you designate a skipper. You don't want to be the only one on the boat who knows what they're doing. Every captain can use a little help.

-If you're going to be in and around the water, proper boating safety means knowing how to swim. Local organizations such as the American Red Cross and others offer training for all ages and abilities- check to see what classes are offered in your area.

-Get your boat checked. The United States Power Squadrons offer a free Vessel Safety Check (VSC). These boating safety equipment checks are meant to be educational and helpful, and are a good follow-up to any water safety course.

Continue reading "Officials Looking for Two Missing Carolina Boaters" »

June 2, 2013

Slick Roadways Send Two to Carolina Hospital


A North Carolina woman and her 19-month-old daughter are currently in the hospital fighting for their lives after a serious accident. According to the Citizen-Times, the two are at Mission Hospital after their vehicle collided with a pickup truck just before 6:00 p.m. Accident reports indicate that there was heavy rain in the area when the crash happened. The driver of the truck involved was not reported injured in the accident.
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Sgt. Craig Harris of the Highway Patrol says that the couple's car was heading west when the mother lost control, crossed over the center line and drove into the path of the pickup. Officials are still investigating the accident.

Our Asheville car accident lawyers understand that our weather can be tricky -- especially when we're behind the wheel of a motor vehicle. Driving through rain, snow and other dangerous conditions can return unfavorable outcomes if we're not careful. When it rains, our roadways become slick and slippery and we can lose control of our vehicles rather quickly if we're not careful. This is when a vehicle hydroplanes. According to The Weather Channel, hydroplaning happens when the water in front of your tires builds up faster than your car's weight can push it out of the way. When this happens, the water pressure can cause your vehicle to rise up and slide on a thin layer of water beneath your tires.

But there are ways that you can prevent hydroplaning:

-Be sure that you're driving slowly and carefully when it's wet out. This is especially important when you're turning or taking curves in the road. You want to make sure that you're steering and braking smoothly. When your maneuvers are too quick, your vehicle can quickly slide out of control.

-If you find yourself behind the wheel in a skidding vehicle, keep it calm. Your best bet is to ease your foot off of the gas and steer into the direction you want the front of the vehicle to go. If you don't have anti-lock brakes on your vehicle, avoid hitting your brake at all. If you have these kinds of brakes, brake firmly as you steer into the direction of the skid.

-To help to avoid these incidents altogether, make sure that you have enough air in your tires. Air pressure helps you to grasp the road better and more efficiently. It's also a good idea to make sure that there's adequate tread on your tires. When they're old and worn, your risks for an accident increase significantly.

-Always drive defensively -- but especially when there's inclement weather. You want to reduce your speeds and be even more cautious during these times to help to avoid a potentially serious accident. It's extremely important to leave more space between you and other vehicles during poor weather conditions. Drivers of all kinds need more time to react and need to keep safety as a number one priority.

Continue reading "Slick Roadways Send Two to Carolina Hospital" »

May 30, 2013

Traffic Fatality Rates High in Appalachia


The rolling mountain hills and winding highways through the Appalachian region pose a greater risk to motorists than in other parts of the country. Even though the area provides residence to less than 10 percent of the population, the traffic fatality rate is 45 percent higher than in other areas throughout the country. A recent study conducted by the West Virginia University School of Public Health has assessed the accident fatality rates throughout the Appalachian region, which is comprised of 13 states, including North Carolina.

Before packing up your family and driving through the Appalachian mountains, you might want to consider the potential risks of traffic accidents. Between 2008 and 2010, there were 15.8 traffic deaths per 100,000 people. This rate is significantly higher than the average 10.9 fatalities per 100,000 people living in other parts of the United States. The researchers analyzed traffic fatalities involving passenger-vehicle motor vehicles, motorcycles, and ATV's. The fatality rates were higher for motorists, but lower for pedestrians and bicyclists in Appalachia, compared to non-Appalachian parts of the states. Our Charlotte personal injury attorneys are dedicated to helping the victims of highway accidents recover compensation after an injury or fatality.

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According to researchers, the elevated traffic fatality rate can be attributed to several factors. Statistically, people who live in rural areas have a higher rate of accidents. There are approximately 25 million people in the Appalachian region with a high proportion of rural residents. Researchers also suggest that the accidents could be caused by road issues and the mountainous terrain. Analysts are also considering the possibility that fatalities could be higher in the Appalachian region because of the difficulties medical teams have in reaching accident victims.

Appalachian highways are also used by semi-trucks that can pose a risk to other passengers on the road. Tractor-trailers carrying large loads and traveling at high speeds through the mountains will have a more difficult time slowing down and can cause serious accidents and highway fatalities. Many truck accidents are also caused by fatigued drivers who will pass through the Appalachian highways at night or when they haven't had proper rest. In the event of a trucking accident, victims should act quickly to preserve trucking company records. Driver logs and black box evidence could indicate that a driver was in violation of state or federal trucking regulations.

Highways through the Appalachian mountains may also be in disrepair or be too narrow to accommodate two lanes of traffic. In some cases involving road disrepair, a public entity or contractor may be held liable. In the event of an accident an investigation can determine the cause of the collision and identify any individuals or entities that are responsible. Investigations at the outset are also critical to preserve evidence on behalf of victims and their families. Police reports, witness statements, photographs, surveillance, and other evidence can be critical to proving that an individual or entity was responsible for an accident.

Continue reading "Traffic Fatality Rates High in Appalachia" »

May 27, 2013

$6 Million Awarded After NC Intersection Accident


Two North Carolina families succeeded in bringing lawsuits against a Charlotte development company that failed to properly install a traffic light at an intersection. As a result of this failure, a fatal accident caused three deaths. According to the Claims Journal, the fatal collision occurred when two cars, racing through the intersection, collided with another vehicle.

In any accident case, it is important to consider all relevant circumstances, including the parties involved, maintenance or road issues, and automobile defects. These circumstances could lead to additional claims and liability for other individuals and entities other than the drivers.

Personal injury claims are available to victims and their families in the event of an accident or wrongful death caused by recklessness, negligence, or intent. In this case, the families were successful in proving that the fatal accident was caused by the development company's negligence. Our Charlotte accident attorneys are experienced with similar claims and in aggressively pursuing compensation for our clients.

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Personal injury claims will usually initiate with legal action on behalf of the victims to collect a settlement. When an insurance company or defendant fails to meet these demands and to satisfy the financial recovery for a victim or their family, an attorney will file a lawsuit to successfully collect those damages. Financial compensation can often be significantly higher when a case is taken to court rather than settled between the parties.

In this case a unanimous jury reached a verdict after four days of deliberations. The jury found that the failure of the company to install the promised traffic light at the intersection on N.C. 49 played a role in the April 4, 2009 crash. Though monetary compensation cannot repair damage that has been done, it can help victims recover from past losses and regain security to move forward after such a significant loss.

Similar claims require an intensive investigation, often involving accident reconstructionists, witnesses, police reports, surveillance cameras, contracts, and other documentation. When involved in an accident, victims and their loved ones should involve an independent advocate and investigator to preserve necessary evidence to prove a negligence claim.

Victims who have suffered from a personal injury often do not realize the full value of their claim. It is important not to settle with an insurance company immediately after an accident because you could be settling for far less than your claim is worth. Insurance companies as well as defendants may offer settlements significantly lower than the value of your claim. This will also prevent you from bringing a claim in the future.

In addition to the claim brought against the development company, there were criminal charges brought against the other parties involved. The accident occurred because two additional parties were street racing at the time of the accident. One of those parties entered into a plea bargain for three counts of manslaughter. The other driver was convicted of involuntary manslaughter in 2011. Of the three victims who died in the crash, one was a professor at Winthrop University.

Continue reading "$6 Million Awarded After NC Intersection Accident" »

May 25, 2013

North Carolina Traffic Safety - Cell Phones a Bigger Risk than Thought?


As more Americans become dependent on handheld devices, including cell-phones, Smartphones, and iPads, it is not surprising that the rate of accidents involving distracted drivers is on the rise. Many drivers will take a quick peak at their text messages, quickly open their email inbox, or even try to draft a short response while on the road. Unfortunately, even glancing away from the road for a few seconds has proven to be deadly for drivers as well as other motorists, cyclists, and pedestrians.

Our Charlotte motor vehicle accident lawyers are experienced with investigating accidents and helping victims and their families recover compensation for their losses. Determining the cause of the accident at the outset can ensure that you are able to fully collect the financial recovery you deserve, especially when another driver is negligence. This evidence suggests that it can be difficult to identify those accidents that are, in fact, caused by cell phone use.
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According to recent findings from the National Safety Council, it appears that the number of crashes caused by the use of cellphones has gone under reported. Researchers assessed the number of cell phone related accidents and found that it is extremely difficult to track the number of accidents caused by the use of cell phones. Primarily, this is because of the significant number of challenges in collecting and reporting reliable crash data.

The report gathered information from crashes between 2009 and 2011, finding that of the fatal crashes pointing to evidence that a driver was using a cell phone, only 52% were coded as being caused by the use of a cell phone. Researchers believe that the number of crashes involving cell phones is under reported. Analysts from the National Safety Council believe that the difficulty in reporting may be caused by lack of consistency in creating reports.

In many accident cases, officers will simply ask whether a driver has been using a cell phone, without investigating. This gives drivers the opportunity to evade responsibility and punishment for distracted driving. Even when drivers admitted to using a cell phone prior to an accident that caused a fatal crash, this information was not properly coded by the Federal government reporting systems. Due to these discrepancies, there are a number of accident cases involving cell phones that are unreported. In some cases, drivers who are using their cell phone, checking Facebook, or surfing the internet could die in the accident without a witness to report the use of cell phone.

According to the National Safety Council, the public should be aware of the number of under reported cases and the high risk of cell phone accidents. The report also indicates that the dangers of distracted driving and cell phone use could be greater than previously believed. Inaccuracies in these reports could negatively impact funding decisions, media attention, and legislation, failing to protect citizens from the dangers of cell phone use.

If you or someone you love was involved in a car accident, it is important to consult independent counsel as soon as possible. An experienced accident attorney can investigate your case, preserve necessary evidence, and identify all responsible individuals or entities.

Continue reading "North Carolina Traffic Safety - Cell Phones a Bigger Risk than Thought? " »

May 24, 2013

North Carolina Motorcycle Accidents in Focus this May


Motorcyclists face many dangers on the road--distracted drivers, potholes, construction sites, failing traffic control devices and blind spots, just to name a few. While new riders may learn safety tips to avoid accidents and injuries, veteran motorcyclists may forget the importance of safety after years of riding. To raise rider awareness, May has been deemed "Motorcycle Safety Month" for riders in North Carolina, South Carolina, and nationwide.

Our Charlotte motorcycle accident lawyers have seen countless accidents involving serious injury and fatalities. Motorcycle injuries can range from road rash and broken bones, to brain and head injuries, permanent injuries and accidental death. While many of these accidents are caused by negligent vehicle drivers, motorcyclists can take precautions to avoid unnecessary dangers or accidents.

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To increase rider safety, here are some reminders for the month of May and into the summer season.

Be aware of blinds spots. Remember that other drivers cannot always see you. Don't assume that a car is going to yield or that a driver can see you. Unfortunately, riders are less visible on the road and therefore prone to accidents caused by blind spots.

Make yourself visible. In addition to remaining mindful of your blind spots, you should also make yourself visible to other drivers. Ensure that your lights are in working order and that you are wearing appropriate gear.

Never drink and drive. While everyone knows that drinking and driving is dangerous, a healthy reminder can improve rider safety. Even one or two drinks can impair reaction time, and those two seconds could save your life.

Drivers should share the road. May is motorcycle safety month, but drivers of vehicles should also remember to share the road. Riders have additional dangers to face and drivers should make an extra effort to avoid accidents and injury involving motorcycles.

Be proactive. As a rider, you should always take extra safety precautions. Always use your mirrors and double-check before changing lanes. Continue to size up risks and potential dangers you may encounter on the road.

While most motorcyclists appreciate the risky nature of riding, it can be eye-opening to realize the number of accidents and serious injuries caused by collision. According to the National Highway Traffic Safety Administration, motorcyclists account for 14% of accident traffic fatalities (even though they make up just 3% of all registered vehicles). The NHTSA estimates that riders are 30 times more likely that car passengers to suffer a fatal injury.

Motorcyclists face some of the most catastrophic injuries when involved in accidents. In many cases, riders will need long-term medical treatment and care, including rehabilitation. Our firm is highly experienced in complicated accident cases involving motorcycle accident and injury. We know that rider safety is important, but that even the most careful drivers can become victims of catastrophic, even fatal motorcycle collisions. We will initiate an immediate investigation to determine the cause of the accident, identify responsible parties, and help you pursue the compensation you are entitled to.

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May 19, 2013

Dangerous Drug Maker to Pay $500M in Federal Fines


A generic drug manufacturer has pleaded guilty to a host of federal felony drug safety violations and will ultimately pay approximately $500 million in both criminal and civil fines - the largest settlement involving a generic drug maker, according to the U.S. Justice Department.
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The settlement includes $350 million for civil claims and $150 million for criminal penalties.

Our Rock Hill personal injury lawyers understand that the defendant, Ranbaxy, has admitted not only to the sale of substandard drug products in the U.S., but also lying to federal regulators with the U.S. Food & Drug Administration regarding its manufacturing practices at two Indian factories.

In all, the company pleaded to three felony counts related to the production of those drugs, which failed to meet minimum federal safety standards, as well as four counts of making materially false statements.

Five years ago, the company was barred from producing some 30 different drugs in the U.S. after the FDA discovered the manufacturing deficiencies, as reported by the company's former director and global head of research information. That individual is entitled to some $50 million for having been a whistleblower. He was later quoted as saying that administrators for the drugmaker were well aware of the serious and widespread problems at the factories. Yet, they failed to take any sort of corrective action, which the whistleblower said left him no choice but to take his knowledge to authorities.

The dangers were first reported eight years ago, and it's taken this long to hold Ranbaxy accountable. The firm is a subsidiary of a Japanese pharmaceutical company called Daiichi Sankyo.

The company later admitted that it had utterly failed in its responsibility to conduct thorough tests for quality and safety or a number of the drugs it produced, including generic versions of a number of common medicines used to treat epilepsy, high cholesterol, nerve pain and bacterial infections.

For example, one of the drugs the company manufactured was gabapentin, a critical drug used to treat epilepsy patients. During the summer of 2007, the company conceded that testing had revealed the presence of unknown impurities and that the shelf life of the drug was unreliable. However, the company waited several months before alerting federal authorities - potentially putting thousands of lives at risk in the meantime.

While a statement from Ranbaxy officials indicated an eagerness to move on from this "past issue," the reality is that problems have continued to plague the company. Most recently, in November, the company had to stop production of the generic version of Lipitor, used for high cholesterol patients, after it was revealed that glass particles were present in medications that had been distributed to U.S. patients. As it turned out, cracked glass lining at another Indian factory was to blame.

While we are certainly pleased that this case represents some modicum of accountability for past actions, what this case really did was shine a light on how little federal oversight that U.S. regulators have on drugmakers whose productions are primarily located overseas. In fact, inspections of foreign drug factories only occur about once every dozen years or so, compared to every other year for sites here in the U.S.

Continue reading "Dangerous Drug Maker to Pay $500M in Federal Fines " »

May 15, 2013

Surgical Errors in North Carolina Result in Profits for Hospitals


It seems we hear a great deal of protest regarding the higher insurance premiums that doctors and hospitals must spend to cover the cost of medical malpractice claims, filed when they make an egregious error that leads to serious injury or death.
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However, our Charlotte personal injury lawyers have learned via findings published in a recent issue of the Journal of the American Medical Association that hospitals actually profit when there is a surgical error, versus when patients emerge from a surgery unscathed.

This backward payout comes in the form of insurance payments, according to the study. Researchers discovered that on average, hospitals raked in an additional $30,500 in profit in cases when a patient developed at least one preventable surgical complication. It was about $40,000 for those patients with private insurance. The reason is that insurance plans pay more money to the hospital when the patient stays for a longer period of time and requires extra care.

Of the nearly 35,000 surgical discharges in a system of Texas hospitals examined by the researchers in 2010, more than 1,800 (about 5.3 percent) experienced some type of post-surgical complication.

An accompanying editorial to the study penned by Dr. Uwe E. Reinhardtputs forth the troubling assertion that the current profit motives could prove a dangerous temptation even for otherwise admirable individuals.

Not only that, but we know that there is ample research on effective measures that can help curb surgical complications. Methods to improve safety have been clearly identified - yet are slow to be implemented. Now, it appears we have a very clear answer as to one reason why.

This whole framework is called a "fee for service compensation." Reinhardt suggests we all take a cold, hard look to evaluate whether a new approach is necessary.

The authors of the study don't say this explicitly, but it's fair to infer that because hospitals could expect to take a significant financial hit by adopting efforts to reduce post-surgical complications among patients, there is a very low incentive for these institutions to take action. At the very least, it's clear that they are not addressing this very serious problem with the kind of vigor that they should.

This is evidenced by the fact that hospital errors are rising - dramatically so. Back in 1999, the Institute of Medicine released analysis indicating that hospital errors were responsible for approximately 100,000 deaths in the U.S. each year. To put this into perspective, that would be akin to four hug jets crashing every single week, killing everyone on board.

In the last decade, one would think that the medical community would have had ample time to boost safety measures. But in fact, the problem has worsened. It now affects one out of every three hospitalized patients, which is a rate that is 10 times higher than what had been previously estimated, according to a 2011 Health Affairs study.

As one doctor noted, "If medical error was a disease, it would be the leading cause of death" in this country.

Continue reading "Surgical Errors in North Carolina Result in Profits for Hospitals" »

May 13, 2013

Child Injuries From Chemicals to Rise in Summer


A new study released by researchers in Ohio indicates that while overall chemical-related injuries involving small children have decreased significantly over the last 10 years, they are likely to increase during the summer.
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Our Spartanburg personal injury lawyers know that primarily, we're talking about injuries caused by lamp oils, gasoline and other similar chemicals.

The drop in these kinds of poisonings and burns began in 2000 and 2001, according to the study's author, Dr. Heath Jolliff, who is also the associate medical director for the Central Ohio Poison Center at Nationwide Children's Hospital in Columbus. The study was published in the journal Pediatrics.

This reduction coincides with the time period during with the U.S. Consumer Product Safety Commission required that such products be encased in packaging that was child-resistant.

However, the summer always seems to result in a marked increase in chemical injuries for children. Primarily, these would be due to things like the fuel used in tiki torches or the kerosene that is used for outdoor camping stoves or the gasoline used in lawnmowers. These are all known as hydrocarbons.

Children have greater access to these chemicals during the summer, and toddlers especially are at high risk for both ingestion and burns.

These type of fuels, the study author reported, is the third-leading cause of child poisoning deaths. The study was motivated by a child that Jolliff personally treated. That child had reportedly been exposed to hydrocarbon and, as a result, became very sick.

In establishing the study, researchers culled information from databases that were compiled over the course of a decade, between 2000 and 2009 and includes records from more than 100 hospitals across the country, as well as phone calls made to nearly 60 poison control centers.

From there, the researchers were able to isolate only those calls and visits that involved children younger than five and some type of hydrocarbon. That involved some 65,000 poison control calls and some 40,000 emergency room visits.

During those 10 years, the number of emergency room visits dropped to about 14 out of every 100,000 children, down from 19 out of every 100,000 children. Poison control center calls too tapered off during that time frame, down to 21 out of every 100,000 children from 34 out of every 100,000 children.

Most commonly, 1 and 2-year-olds were the ones injured. Of those, the most serious injuries were caused by exposure to lighter fluids, lamp oil and kerosene. The highest percentage of deaths was caused by lamp oil.

Although the injuries are down quite a bit, every summer saw a spike. In fact, nearly a third of all hydrocarbon-related poison control calls and emergency room visits came during those three months.

One of the most surprising causes for exposure? Parents who were allowing their children outside of the vehicle at the gas station. Children subsequently pull the house from the car and get splashed with the fuel. The liquid quickly transforms to a gas, and those gases become inhaled - something that becomes quickly very dangerous, especially for young children.

Continue reading "Child Injuries From Chemicals to Rise in Summer" »

May 10, 2013

North Carolina Traffic Safety: Uncovering Distraction Not Unusual in Accident Investigations


"I'm going to crash!" were the last words Kelsey Raffaele ever said. She was talking on a cell phone while driving when she clipped a snow bank, spin out of control and right into the path of oncoming traffic. An SUV T-boned her vehicle. She later died at the hospital, according to the Citizen-Times.
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Local police simply chalked up the accident as a mistake that's commonly made by newly-licensed drivers. Later, they found out that she was on the phone when the accident happened. They credited the accident to distracted driving after finding her cell phone in the back of the car. Distracted driving is unfortunately also a common cause for novice driver accidents.

Our Asheville car accident lawyers understand that the paperwork was already filed when officials discovered that it was a distracted driving car accident. Because these accidents aren't oftentimes discovered in a timely manner, if they're ever discovered at all, the statistical risks are well under reported.

According to the National Safety Council (NSC), the problems associated with these kinds of accidents appear less serious because of this discrepancy. This discrepancy impedes efforts to win passage of tougher laws.

Currently, drivers under the age of 18 are prohibited from talking on a cell phone. That's not stopped most of them though.

Unfortunately, drivers don't see the risks involved in this behavior and they're not deterred by current laws. According to the NSC, close to 200 fatal accidents were reviewed from 2009 to 2011 in which a cell phone was probably the cause of the accident. Unfortunately, only about half were recorded as distracted driving accidents.

Even in many cases where drivers openly admitted to using a cell phone in the accident, officers many times don't record them as distraction related.

According to the latest statistics, there over 32,000 roadway fatalities recorded in the U.S. in 2011. Less than 400 were listed as distracted driving accidents involving cell phones. Yet other sources report that close to 4,000 people were killed in distracted driving car accidents.

It's no secret. We've all been behind the wheel on a cell phone at least once in our lives --whether we were making a phone call, answering a text message or even checking out email. But it's these dangerous behaviors that can cause a deadly accident -- in a matter of seconds.

Now is an important time of the year, with summer break approaching, to talk to our younger drivers about the importance of attentive driving. Make sure they understand the risks involved with texting or calling behind the wheel. Make sure they're pulling over and coming to a safe stop before attending to business. It's a move that could wind up saving their life.

Continue reading "North Carolina Traffic Safety: Uncovering Distraction Not Unusual in Accident Investigations " »

May 8, 2013

North Carolina Bicycle Accidents a May Focus


May is nationally recognized as Bike Month. North Carolina is getting in on the action, too. This year, Bike to Work Week will be held from May 16th to May 20th.

Bike to Work Day is Friday, May 20. In celebration, many communities across the state are going to be organizing bike rides, cycling socials and safety sessions. You can check out what's going on in your area by stopping by the North Carolina Active Transportation Alliance's website.
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Whether you bike to work or school, to save money or time, to preserve your health or the environment, to explore your community or get to your destination, our Charlotte bicycle accident lawyers are asking you to get involved in Bike Month in your city -- and help get more people in your community out riding too!

But before you start riding, there are a few things we want to go over with you, as cycling on our Carolina roadways is no walk in the park. Unfortunately, many drivers fail to recognize two-wheeled travelers -- even though we have just as much right to the roadway as they do. It's time to step up, speak up and make our presence known this summer.

According to the latest statistics from the National Highway Traffic Safety Administration (NHTSA), there were close to 700 bicyclists killed in traffic accidents in the U.S. in 2011. What's even worse is that there were another 50,000 who were seriously injured.

And the problem does appear to be getting any better. Last year, we saw a near 10 percent increase in the number of bicyclist fatalities compared to 2010.

To help to get the message across to motorists, officials with the North Carolina Department of Transportation (NCDOT) have created the Division of Bicycle and Pedestrian Transportation (DBPT). Everything that the Division of Bicycle and Pedestrian Transportation (DBPT) does is geared toward improving the safety of North Carolina's millions of bicyclists and pedestrians.

You want to know the rules of riding safely, and you want to make sure that you're staying clear of vehicular traffic. Unfortunately, drivers don't always see or predict our presence out there. We have to stay one step ahead of the traffic around us. Make sure you can be easily seen while pedaling around town.

Education can be a powerful tool for changing behavior and improving safety skills. Bicyclists and motorists alike can benefit from educational tools and messages that teach them the rules, rights, and responsibilities of various modes of travel.

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May 6, 2013

Anderson Injury Risk With High-Powered Magnets, CPCS Warns


A group of six retailers has issued a swift recall of two high-powered magnet products by the same manufacturer, warning that the products are defective in design and fail to warn consumers of the "substantial risk of injury and death to children and teenagers."
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Our Anderson personal injury lawyers understand that the Buckyballs and Buckycubes are the latest in a long list of magnet products that the Consumer Product Safety Commission has warned against.

In fact, the CPSC issued a release two years ago, warning of severe consequences for children of all ages who had ingested high-powered magnets. The problem is not only the potential choking risk, but the fact that when one or more of these magnets are swallowed, they can attract one another internally. That can cause serious injuries or even death due to small holes in the intestines and stomach, or by causing intestinal blockage or blood poisoning.

Such incidents have been on the rise since 2009, according to the CPSC. There was one incident that year. There were seven the year after and they had doubled to 14 the following year. They have continued to rise, with 54 total reports of children ingesting the product - 53 of those requiring intensive medical intervention.

Unlike many ingestion warnings, the danger is posed not just to babies and toddlers, but also to older children and even teenagers. The oldest person affected was 15 years-old. From 2009 through 2011, there were 11 surgeries required to remove the magnets. In a lot of the cases where doctors ordered surgery to remove the magnets, additional procedures were required to repair the child's intestines and stomach.

So far, there haven't been any reports of death, but the risk is very real, particularly if multiple magnets are consumed or if treatment is delayed.

Part of the problem is a lot of these sets - including the Buckyballs and Buckycubes, come in sets of about 200 or so magnets, so it's tough for parents to identify when a few might go missing. Very young children have found stray magnets on the table, in the refrigerator, on the floor or between sofa cushions.

With teenagers, a number of the ingestion incidents were unintentional, but a few were intentional.

Buckyballs' manufacturer was quoted back in 2011 as saying that the products were only intended for adult use or in homes where children were over the age of 14.

But in some cases prior to 2008, children's toys actually contain a number of high-powered magnets and there have been reports of those magnets falling out of the toys. There is now a mandatory standard in place that prohibits magnets or magnet components in toys made for children under the age of 14.

The most recent recall stems from a July 2012 administrative complaint that the CPSC filed against the company's manufacturer, after they failed to institute a voluntary recall. (The agency has only submitted four such complaints in the last dozen years, so it truly speaks to the negligence of this firm.)

The agency said it is still receiving injury reports relating to these magnets, which is why the retailers themselves chose to act.

Retailers include:


  • Barnes & Noble;

  • Bed Bath & Beyond

  • Brookstone

  • Hallmark;

  • Marbles the Brain Store

  • ThinkGeek

Continue reading "Anderson Injury Risk With High-Powered Magnets, CPCS Warns" »

May 4, 2013

Diagnostic Errors Most Common Cause of Carolina Medical Malpractice Claims


When it comes to medical malpractice claims, our Spartanburg personal injury lawyers know there are many possible triggers.
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It could be a surgical mistake, an obstetric error, even an overdose.

But if you thought any of those were the most common reason for filing a medical malpractice claim, you'd be wrong.

In fact, nearly 30 percent of medical malpractice settlement payouts stem from diagnostic errors. That's according to the National Practitioner Data Bank, which keeps track of action by state licensing officials against health care providers.

Behind diagnostic mistakes, errors made in treatment and surgery were the second and third most frequent claims. All other types of errors, including anesthesia, medication, monitoring and obstetric, accounted for about one-fifth of medical malpractice payouts.

These figures were recently published by BMJ Quality and Safety, which had discovered that between 1986 and 2010, there were approximately 100,000 medical malpractice payments made just for diagnostic errors. These incidents accounted for nearly 34 percent of disabilities and 40 percent of the deaths that eventually resulted in a medical malpractice payout.

The authors of the study note that this is a huge health problem, and that hospitals, physicians, nurses and insurers all have a responsibility to help address it. The problem is, few singular entities view it as their problem.

A diagnostic error would be one in which your true diagnosis was somehow delayed or missed.

Part of the reason these types of errors don't get nearly enough attention is that they are so difficult to track and measure. Individuals who may be victims may not even realize it, at least not on the same scale as someone with a surgical error. The latter would be very obvious, very definitive. A diagnostic error, meanwhile, might not be as evident.

Researchers believe that in the last 25 years, somewhere between 100,000 and 160,000 people have been negatively affected by diagnostic errors. They may have suffered anything from minor injuries to death as a result.

The cost of this over the course of 25 years, adjusted for inflation, was nearly $40 billion, with a mean per-claim payout of about $390,000 each. Per-claim payouts were higher depending on the severity of the injury. For example, someone who suffered something like brain damage or anything that resulted in a lifelong care requirement on average won settlements of about $810,000, while those whose injuries were deemed significant received about $270,000 each.

Some suggested efforts to help reduce diagnostic errors include technology-based aids and electronic alerts. One example is a program that generates a list of possible diagnoses based on the list of patient symptoms. It wouldn't mean the condition was necessarily on that list, but it would be a guide of potential options for doctors to explore.

Previous studies have suggested this sort of thing may help produce tangible results. One study conducted in the early 1990s found that when doctors used standardized form to diagnose abdominal pain, there was a 9 percent reduction in diagnostic errors with regard to appendicitis.

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May 2, 2013

Charlotte Car Crashes Top Weather-Related Fatalities


If you asked a people to guess the most dangerous aspect for Americans of being involved in severe weather, you'd probably hear answers that ranged from being swept up by tornado-force winds to being crushed by hurricane-strewn debris.

Certainly, those things tragically happen, and they get a lot of media attention when they do.
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However, our Charlotte personal injury lawyers have learned that in fact the deadliest aspect of severe weather is seen on the roadways.

That's according to meteorology researchers at Plymouth State University in New Hampshire.

News stations will cover multi-car pile-ups, especially when they are serious. There have been quite a few of them so far this year - 19 on U.S. highways, and they've left 700 wrecked cars and 8 fatalities in their wake.

However, it's the everyday, bad weather wrecks that actually cause the most wrecks. In most cases, it's a single or two-car crash on wet roads.

In an average year, an estimated 7,000 people in the U.S. die in highway crashes that are caused by weather such as heavy rain, sleet, fog or snow. Most of these incidents involve one, maybe two deaths at a time, so they tend to receive very little coverage. They aren't catastrophic or sometimes even dramatic, so you won't see the kind of attention paid to deaths caused by flash floods, tornadoes, hurricanes or heat.

There is one group that is paying closer attention.

A recent gathering in Washington D.C., the American Meteorological Society's Washington Forum, was primarily focused on how to reduce or prevent this glut of weather-related crashes across the country.

The group said that until recently, even the National Weather Service didn't include weather-related vehicle crashes into its weather death tolls. The reason was that the standard was whether the weather played an active role in the person's death.

So for example, if a huge pile of snow falls from a tree and crushes a person, the NWS would consider that a weather-related death. However, if someone crashes in a snowstorm, officials would have said that the person was driving too quickly in the elements, and therefore it wasn't the snow that killed the driver but his or her own actions.

The meteorological group said the recognition of these deaths as legitimate, weather-related deaths will help them formulate informational releases to the public to help reduce these kinds of incidents.

One of the options being explored is something called a Vehicle Data Translator, which would provide motorists with real time information on atmospheric and road conditions. This technology would get information to people faster than roadside signs, and could warn of conditions such as wildfire smoke, fog, black ice, hail or blizzard whiteouts.

You can't necessarily prevent drivers from speeding or not paying attention or driving drunk. However, the idea is to cut down on the surprise element that so often contributes to weather-related crashes.

Ultimately, the goal is to make sure everyone makes it home safely.

Continue reading "Charlotte Car Crashes Top Weather-Related Fatalities " »

April 30, 2013

Carolina Traffic Safety - Stats Show Seat Belts Still Best First Line of Defense


We all know we're supposed to wear seat belts. Not only do we know it's the best way to save our life in the event of an accident, but we also know that it's the law. According to buckleupnc.com, all drivers and passengers, in the rear seat as well as in the front seat, ages 16 and older must wear their seat belts. Children less than age 16 are covered by the NC Child Passenger Safety law.
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Still, roughly 20 percent of people are not slapping on that seat belt, according to the latest statistics from the National Highway Traffic Safety Administration (NHTSA). In 2011, close to 21,500 occupants of passenger vehicles (passenger cars, pickup trucks, vans, and SUVs) died in motor vehicle traffic crashes. Of those fatalities, only about 9,500 were restrained. Restraint use was not known for 1,634 occupants. Looking at only occupants where the restraint status was known, more than 50 percent were unrestrained at the time of the crash.

Our Winston-Salem car accident attorneys understand that our young ones are some of the worst offenders when it comes to seat belt usage. In 2011, 64 percent of the passenger vehicle occupants ages 21 to 24 killed in traffic crashes were not using restraints -- the highest percentage out of all age groups.

So how serious was it in North Carolina? According to the statistics from the NHTSA, of the close to 900 occupants who were killed in traffic accidents in the state in 2011, only about half of them were belted at the time of the accident. This seems a little funny considering that officials report a seat belt usage rate of close to 90 percent.

For children, a properly used child restraint device (CRD) is required if the child is less than 8-years-old and weighs less than 80 pounds. Most parents and caregivers will be able to comply by using belt-positioning booster seats for children between 40 and 80 pounds. The child must be within the weight range for the child restraint/booster seat and it must meet Federal standards in effect at time of manufacture.

Seat belts work and the proof is in the numbers. Among passenger vehicle occupants age 5 and older, seat belts saved an estimated 12,000 lives in 2011. If all passenger vehicle occupants age 5 and older had worn seat belts, close to 15,500 lives could have
been saved in 2011.

If you don't want to buckle up to save your life, you might as well do it to save some money. If you're pulled over and busted for not wearing a seat belt. For a first-time violation, you'll be slapped with a $25.50 fine. You're also going to have to dish out more than $135 in court costs. Lucky for you, no driver's license or insurance points are assessed with this violation.

If you're busted with someone in the back seat who isn't properly buckled in, you're looking at a monetary penalty.

Continue reading "Carolina Traffic Safety - Stats Show Seat Belts Still Best First Line of Defense" »