North Carolina Personal Injury Lawyers Blog

In recognition of Older Driver Safety Awareness Week going on right now, our Charlotte personal injury lawyers want to remind family members to evaluate the driving skills of an older adult in your family with an open mind. Their physical skills and mental or visual abilities may have diminished in recent months without your knowing. This is one of the most dangerous times of the year to be traveling on roadways, so senior drivers may be more at risk of a car accident in Asheville, Hickory, Statesville or elsewhere in the state.

Recent studies have shown that the average person now lives about 10 to 12 years beyond their abilities to be a safe driver. To most senior citizens, a decade can feel like a lifetime when you have your driving privileges taken away.

News 14 Carolina reports that most older drivers feel that their skills don't diminish aside from driving at night or during rush-hour traffic. This time of year when the days get shorter and our roadways are congested with holiday travelers, it is sensible to keep elderly loved ones off the roadways as much as possible to reduce their risk of injury. However, it is unrealistic for senior citizens to think that if they avoid driving in these two conditions it becomes more plausible that they should be able to drive forever.

A spokesman from AAA Carolinas suggests that senior drivers should perform self-assessments of their driving abilities routinely. Older drivers should also take driving tests bi-annually or at least once a year to determine if driving abilities have diminished. Being able to drive defensively becomes more and more important with age so elders should take a class offered by a senior-living facility to evaluate their abilities to drive safely. If a class isn't available, then loved ones should take the time to evaluate and make sure the older adult is not a danger to themselves or other motorists.

Just like going for regular medical doctor check-ups, the American Occupational Therapy Association Inc. wants to reiterate the importance of going for regular driving fitness check-ups with an occupational driving rehabilitation specialist. The therapist can evaluate and will give an unbiased assessment of how an older adult scores on tests involving motor skills, visual skills and sensory skills with relation to driving abilities.

One of the most important points of Older Driver Safety Awareness Week is that life doesn't have to end when a senior driver reaches the ending stages of their driving career. There are many other viable options out there to keep an older adult active in the community. If elders don't want to always ask family members to take them places they can check into public transportation offered by a senior adult facility or living center. These programs are designed to assist older adults who can no longer drive but are still mobile enough to leave their home and manage safely on their own.

Keep the older people in your life safe this holiday season by offering to drive them where they need to go and keeping them from driving on congested and potentially dangerous roadway conditions.

Continue reading "Older Driver Awareness Week Aims to Reduce Car Accidents in Asheville, Elsewhere" »

Winston-Salem personal injury lawyers want to remind motorists to use extra caution as you back out of driveways or parking spots this time of year because little ones or elders may be difficult to see.

Back-over accidents in Charlotte, Asheville, Hickory or elsewhere can cause severe injury or even death when a young child or elderly person can't move out of the way quickly enough to avoid contact with a vehicle moving in reverse. Children playing in driveways at holiday gatherings or elders moving slowly through overcrowded parking lots are a common occurrence this time of year, so motorists should make sure the path is clear before putting their vehicle in gear.

Last December, we posted on our North Carolina Workers' Compensation Lawyers Blog that the U.S. Department of Transportation had plans to make it mandatory that all vehicles up to 10,000 pounds would have rear-mounted cameras or in-vehicle displays installed by 2014 in order to reduce the risk of back-over accidents nationwide.

The National Highway Traffic Safety Administration (NHTSA) reports there are almost 300 deaths and 18,000 injuries from back-over accidents on average per year. Small children and elders are the most at risk of these types of accidents because they often don't appear in a vehicle's blind spot and go undetected when a driver is attempting to drive in reverse.

A year later, rear-view camera regulations have made the headlines again. Bloomberg Businessweek reports the NHTSA had intended to announce a final rule by the end of the year on the standard installation of back-up cameras in passenger vehicles by 2014, but the government is receiving some flack and accusations of over-regulating from the automobile industry. It is estimated that the rear-view cameras could save as many as 146 lives a year but would cost automakers approximately $2.7 billion to install in 16 million vehicles annually. By their calculations, this works out to roughly $18.5 million per life saved.

One argument that industry leaders are making is the camera is not a "one size fits all" remedy. Meaning smaller cars have different expanded views than SUVs or pickup trucks and the height of a driver can also make a difference in determining a vehicle's blind spot. For example, an SUV can have a blind spot of almost 20 feet compared to a small coupe that sits low to the ground and may only present a 4-foot blind spot.

One thing motorists can do to reduce the risk of a back-over accident is to keep a watchful eye before backing out of crowded lots or driveways. The last thing you should do before getting in your vehicle is walk all the way around your vehicle to make sure there are no obstacles. Check the area around the rear of the vehicle to make sure no one is approaching or children aren't present. Once you start your engine, turn your head to look for passers-by and then slowly move the vehicle in reverse once you feel the coast is clear.

AAA Exchange reminds parents to teach their kids that driveways are not a playground. Parents should also keep children close in crowded parking lots by pushing them in a cart or holding their hand to reduce the risk of a back-over accident.

Continue reading "Children at Risk of Driveway or Parking Lot Back-over Accidents in Winston-Salem, Elsewhere" »

Past studies have shown that North and South Carolina drivers rank near the top when it comes to aggressive driving behaviors. It isn't uncommon for a driver who has had a bad day to take out their frustrations on other motorists. But these behaviors can often lead to car or trucking accidents in Charlotte, Greensboro or elsewhere in the state. Aggressive drivers by nature may not even have to have a bad day but rather speed or cut other vehicles off because that is what they have learned to do over time.

North Carolina Department of Crime Control & Public Safety reports that car-truck collisions are often caused by car drivers as opposed to truck drivers. Aggressive driving by car operators causes two-thirds of all collisions between cars and large trucks. Many of these collisions result in injuries or fatalities because a truck driver can't compensate or react quickly enough to an aggressive driving act exhibited by a driver in a car.

Winston-Salem personal injury attorneys hope that as we head into the busiest travel time of the year for large trucks and holiday travelers that motorists maintain a little extra patience and keep aggressive driving behaviors in check.

WSOCTV reports that there are certain things we have learned about aggressive drivers over time. These drivers have a low level of concern for other motorists and participate in risky behaviors without regard for the consequences that may occur. Aggressive drivers run through stop signs, tailgate other motorists, weave in and out of traffic, disregard traffic signals that are changing or have turned red, travel at high rates of speed, honk or make body gestures at other motorists who irritate them.

Speeders are often classified as aggressive drivers because speed is what causes a chain reaction to many of the other unsafe aggressive acts that follow. When a motorist drives at excessive speeds, it often causes them to follow too close behind another truck or vehicle, change lanes swiftly to avoid making contact, pass on the shoulder or unpaved sections of the roadway, or get annoyed when other motorists don't get out of their way.

Large trucks will likely be congesting roadways with package deliveries and store product the next several weeks as we work our way through the holiday season. North Carolina Department of Crime Control & Public Safety offers these tips to motorists in order to avoid an aggressive driving accident:

-Always drive safely to help save lives and reduce injuries in an accident.

-Reduce your speed on major highways and roadways. Maintain a safe speed when passing a large tractor-trailer.

-Remember to leave ample space when traveling in front or behind a large truck. Quick stops can cause serious injury in a rear or front-end collision with a big rig because they need extra time and distance to stop due to the size and weight of the vehicle.

All motorists should make every attempt to avoid an aggressive driver. Rather than retaliating, contact the local authorities and report their unsafe behavior to help protect you and other motorists from being involved in a serious or fatal accident caused by heightened emotions and dangerous acts.

Continue reading "Confrontations with Aggressive Drivers Lead to a High Number of Car and Trucking Accidents in Charlotte, Statewide" »

Riding season for motorcycle enthusiasts in North Carolina has neared the end but it doesn't mean that getting a new motorcycle won't end up on the holiday shopping list this year. Finding a motorcycle in the off-season that is fully equipped with safety features can reduce the risk of motorcycle accidents in Statesville or elsewhere once riding season rolls around again.

Gastonia injury lawyers understand that the braking system on a motorcycle is more complex than in vehicles but failing to stop or slow down safely is a common cause of motorcycle collisions. Motorcycles often have separate braking mechanisms for front and rear wheels, which can cause an accident to occur if one of them locks up while attempting to brake. When brakes lock in a vehicle it usually results in a skid. When the same thing happens on a motorcycle, the rider can lose balance which often results in a deadly fall.

The Insurance Institute for Highway Safety has published a new brochure which will make shopping for a safer motorcycle a little easier. A motorcycle containing anti-lock brakes (ABS) is proven to be safer than a bike that isn't equipped with them. Recent studies have shown that 37 percent fewer fatal crashes occur when a motorcycle is equipped with anti-lock brakes when compared to the same model without the braking system. In addition, fewer collision insurance claims are reported for motorcycles featured with anti-lock brakes according to Highway Loss Data Institute.

The Motorcycle ABS: Why you want to ride with it brochure can be found online but will also start being distributed at rider training events or other venues. The pamphlet explains in detail how ABS works, what they do and what safety benefits result when riding a motorcycle with the ABS system. Some motorcycles come standard with ABS. But most other models can have the system installed so shoppers are encouraged to weigh their options before they purchase.

How ABS works:
Measuring wheel speed is a key element for an anti-lock braking system to work. A tone wheel (small grooved ring near the brake disc) sends a reading contracted by the wheel speed sensor to the ABS unit which determines if a wheel is about to stop rotating. If the system detects an error, pressure is adjusted from the brake cylinder on the brake caliper several times per second by the information transmitted from the wheel speed sensor.

The ABS process helps in emergency situations when braking is needed immediately to avoid a collision. Riders don't have to fear locking up and can gain control more easily after traction is restored. The anti-lock system also allows riders to stop short while maintaining balance on the motorcycle.

In 2009, over 4,000 motorcyclists died on U.S. roadways. A motorcycle doesn't have all the protective features that a vehicle comes with so choosing a bike with features that have proven to make motorcycles safer is the best option to help avoid a potentially serious or fatal collision in the future.

Continue reading "ABS Systems Help Reduce the Risk of Statesville Motorcycle Accidents" »

A recent podcast of Better Health with Dr. Val Jones discussed the dangers of driving in the dark and what can happen to your eyes to increase the chances of nighttime driving car accidents in Greensboro Hickory or elsewhere in the state.

According to Dr. Jones, nighttime driving is considerably more dangerous for some drivers. This can be explained by the fact that at night your eyes don't have as much to focus on like they do during the day so they work extra hard to zero in on external environmental stimuli.

Now that we have set our clocks back by one hour, Statesville personal injury lawyers understand that the stakes just got higher for keeping pedestrians, bicyclists and motorists safe during evening commutes in the dark. In many cases it takes motorists times to adjust to the time change, which can put all roadway users at risk.

In an interview with an optometrist, Dr. Jones reports that your ability to focus and the size of your pupil are in correlation to the amount of light available. Limited light causes the pupil to dilate, which can result in blurred vision. Drivers should never drive with under-corrected or uncorrected vision problems since it puts you and other travelers at serious risk of injury.

A spokesman from the National Safety Council has stated that driving at night has a negative effect on a driver's eyes. It often causes problems with determining where something begins and something ends, as well as, peripheral vision. In many cases, age and what level of vision your eyes score on a test play a role in nighttime driving. For example, you may be a young driver but still struggle with nighttime driving because you have less than perfect vision and don't see as well in the dark as you do during the day. Recent reports indicate that 30 percent of travel occurs after the sun sets and almost half of fatal crashes occur at night.

As motorists travel through the darker winter months, we encourage you to keep a few things in mind that may help improve your safety on roadways at night. When driving in the dark, remember to blink to help create awareness about everything going on around you, not just one thing in particular. Try slowing down while driving at night to help with your reaction time to environmental hazards. Nighttime drivers often complain about the glare on windshields caused by oncoming vehicles. Keep your windshields clean and wipers functioning properly. Drivers should also refrain from looking directly through the glare caused by the approaching headlight but rather look above it. If you detect you are having some vision problems or difficulty in seeing, don't be afraid to go for an eye exam to determine what can help improve your vision, especially at night when you are driving.

Remember that the risks of a collision with a driver operating under the influence or an inexperienced teen driver increase dramatically after dark. It may be unrealistic to never get behind the wheel during nighttime hours but the odds of drivers improving their safety increase by limiting the number of hours spent driving in the dark.

Continue reading "Nighttime Car Accidents in Greensboro, Elsewhere Discussed with Dr. Val Jones on Better Health Series" »

Two recent scuba diving deaths off the Atlantic Coast in North Carolina within three days of each other by experienced divers has leaders in the diving industry wondering what's going to come as the U.S. Coast Guard investigates.

Star News Online reports each diver had more than 1,000 dives or 20 years of experience in ocean diving. So it is a mystery what could have happened to cause their sudden death. Diving enthusiasts and experts in the industry fear that the sport will start being viewed as unsafe. But the reality is it isn't without risk of injury or an activity that can be taken lightly or participated in without diving knowledge or experience.

Winston-Salem accident attorneys know that several things could potentially go wrong if dive operators or diving companies don't act responsibly for the safety of their customers and crew. An inexperienced diver can experience inner ear barotrauma, pulmonary barotrauma, decompression sickness or arterial gas embolism to name a few.

Certification agencies don't always convey the correct number of diver registrations but it is estimated that there are between 2 and 3 million dives annually worldwide. It isn't against the law for uncertified divers to take a plunge so that also makes it difficult to keep track of the actual number of dives each year with no current tracking system in place.

It is estimated that there are approximately 90 diving fatalities a year in Canada and the U.S. Divers Alert Network (DAN) of America released a 2010 fatalities report which reported there are roughly 16.4 deaths per 100,000 DAN members, meaning divers with diving accident insurance policies. In a relative comparison, the study found there are 13 jogging deaths and 16 motor vehicle deaths per 100,000 individuals annually so the risk of diving accidents is similar to other everyday activities.

The DAN report indicated the most common causes of diving deaths are entrapment, running out of gas in your tank, entanglement, improper use of equipment, rough water, buoyancy control and emergency ascent. Oftentimes more than one of these causes can lead to a diver being involved in an accident.

The risk of accidents leading to death also seem to increase with age and health conditions as 25 percent of diving fatalities are attributed to an underlying medical condition. A diver who is not in good health is at considerable risk of respiratory problems or cardiac arrest during a diving excursion. The average age of DAN members is 45 to 55 years-old and has increased in recent years.

Many enthusiasts choose to dive off the North Carolina coast because there is an abundance of shipwrecks and marine life or they may just be interested in prospering from underwater treasures like sharks' teeth which can value up to $400 on eBay. No matter what the reason, dive operators and members of the diving industry have a responsibility to make sure divers are certified and have the proper equipment needed to make a dive safely.

Continue reading "Operator Negligence Puts Inexperienced North Carolina Divers at High Risk of Injury in Diving Accidents" »

Many of us are familiar with the triumphant story of Gabrielle Gifford's remarkable recovery after sustaining a traumatic brain injury a year ago from a gun shot that penetrated her skull. As witnessed in her story, patients who sustain serious blows to the head or traumatic brain injuries in Asheville, or elsewhere in the country need extensive medical care and rehabilitation if they have any hope of recovery.

Traumatic brain injury (TBI) patients are often housed in facilities to help them rehabilitate from physical or mental disabilities after the accident because they can no longer take care of themselves or function on their own. Families rely on these facilities to give our loved ones the best care possible and prevent them from further injury. Such facilities, including nursing homes, have an obligation to ensure the safety of residents. This includes not allowing them to walk out the door at their own free will.

Our Hickory nursing home abuse and neglect attorneys never understand how a resident can walk through a door without staff knowing it, but it happens all too frequently.

WRAL reports of a recent incident involving a TBI patient who went missing for five hours after walking out the front door of a Raleigh rehab center. This is not the first time something like has happened at this particular type of facility. During a shift change, the patient unknowingly walked out the front door of the Learning Services facility. Family members researched rehab facilities before admitting the patient and found Learning Services to be the best in the business. Why then, are they losing or failing to maintain supervision of patients who have no way of protecting themselves in dangerous situations?

Other families have not been as lucky. In 2004, an incident at a Learning Services center in Durham had a much different outcome. A resident walked out the door and went missing for four days. Unable to take care of himself, the man was found frozen to death a block and half away. The family filed a wrongful death lawsuit and later settled for $2.5 million.

The North Carolina Department of Health and Human Services has had to conduct several investigations for deficiencies at the Learning Services facilities according to state records. At a Creedmoor facility, a patient died after having a seizure and was not attended to by staff. The company was fined $2,000 for failing to respond appropriately in this incident. The company has also been cited for losing a patient in Durham and not having a registered nurse available at a Raleigh location. Learning Services specializes in TBI patient care, which often means patients don't have the capabilities to care for themselves both mentally and physically.

The company's resolution for rectifying the situation in the recent incident is to place a device on the patient that will alert staff if he or she walks out the door. A bracelet will also be given to the attending nurse so the patient doesn't get overlooked when a shift change takes place.

North Carolina injury lawyers aren't comfortable with what appears to be a "Band-Aid" fix like this. Facilities have an obligation to give loved ones the best care possible, which includes making sure they are supervised at all times.

Continue reading "Patient Care Neglect at North Carolina Nursing Homes and Rehab Centers a Concern for Families in Statesville, Elsewhere" »

In 2010, the airshow industry celebrated its 100th year anniversary. But several tragedies this year have our Statesville injury lawyers concerned about the safety of performers and spectators alike. Airshow events can be breathtaking, but they have been proven to be fatal in recent months. Airshow organizers need to take every precaution during the planning, set-up and performance phases to ensure public and performer safety.

The Charlotte Observer reports that organizers of the upcoming Monroe airshow intend to do just that. With more than 100,000 spectators expected, organizers want to reduce the risk of injury at the North Carolina airshow event by being prepared, unlike other shows that have resulted in tragic events. Two people who performed in last year's Monroe airshow were killed at separate events in May and September. We are also reminded of the recent Reno event that killed a pilot and 10 spectators.

A 2010 airshow accident report indicates that last year was the worst safety year throughout the history of airshow events. The annual average of airshow accidents since 2001 has been 24, with the most accidents happening in 2010 with 31 reported incidents. In 2010, 84 people were injured or killed at airshows throughout the world. The United States reported the most number of accidents of any country at six. Loss of control was the most common factor leading to an airshow accident.

Spectator safety is becoming a growing concern in recent years. In 2010, there were a total of 48 spectators injured and one death at airshows worldwide. In addition, there were seven public injuries sustained by people not even in attendance at the show.

There are certain regulations that need to be followed in order to protect anyone viewing the show from getting hurt. One is clearly identifying a safe distance line in which spectators are not permitted to cross and should be policed if any attempt is made. A safety line doesn't help prevent injury when a pilot loses control of the plane but it can help in keeping injuries to a minimum if spectators stay in a designated area away from take-off and landing areas. Federal aviation officials must inspect the course and also the spectator viewing area before every airshow takes place. All pilots must also demonstrate their competence before they are allowed to participate in the show.

Naval Air Station Lemoore offers these tips for spectator safety:

-Stay alert. There is a lot of action taking place at airshows with large machinery and other dangerous objects that can cause severe injury.

-Avoid walking in the field area where planes are taking off, landing or performing stunts.

-Be careful where you walk. Trip hazards like aircraft tie-downs or tent ropes are a danger to spectators who don't see them.

-Airshows are loud, so be prepared by bringing earplugs.

-When you arrive at the show, search for the nearest emergency tent or medical treatment center so you know where it is, just in case.

-Look for posted signs that pertain to safety and follow the advice.

-Supervise small children at all times by keeping them close and not allowing them to touch displays.

Continue reading "North Carolina Airshows Present Risk of Injury for Specators, Perfomers" »

Charlotte pedestrian accidents are on the rise despite city efforts to reduce the risk of injury while crossing the street, according to a recent article in Fox Charlotte.

There have been almost 300 pedestrians involved in accidents this year, but our rail accident lawyers in Greensboro, Charlotte and elsewhere know that crossing the street isn't the only danger a pedestrian faces. Some pedestrians can be injured while waiting for a train or crossing over a track platform to catch a train approaching from the other side.

The city of Charlotte has taken several steps to bolster pedestrian safety throughout the city. More than 500 pedestrian countdown signals have been installed, sidewalks are being widened, ramps have been installed for wheelchair access, and busy streets have been geared for bicycle and pedestrian use by minimizing the amount of normal car traffic traveled on them.

What hasn't been done to enhance pedestrian safety however is to provide protection or reduce the chance of injuries sustained while waiting for a train. The Charlotte Observer reports that a recent close call at the Scaleybark Road train station has many concerned about pedestrians waiting on a train platform or attempting to cross over to the other side. A Charlotte man was lucky to survive after being struck by the 92,000 pound rail. It is the second accident in three months at this particular train station. Many pedestrians are at risk at this station because there are three lanes to contend with: two for vehicles and one for trains, which splits the roadway for about half-a-mile stretch.

Since 2007, the Charlotte Area Transit System reports nearly a dozen rail accidents at the Scaleybark Station. The two most recent accidents were non-fatal but not everyone in recent history has been that lucky. A train traveling at 55-mph requires approximately 600 yards to stop in order to avoid a collision. Pedestrians struck by a moving train have very little chance of survival in most cases.

There are some things that pedestrians should try to keep in mind while waiting on a train platform or trying to cross to the other side. Massachusetts Bay Transportation Authority offers these transit safety tips:

-Avoid using IPods, portable radios, cell phones or other devices that can make you become distracted. Listening to music or talking on a cell phone diverts your attention from an approaching train.

-Be aware of your surroundings. This includes people, trains or anything else that is going on around you.

-Always stand behind the yellow line until the train approaches, stops and indicates it is safe to step on.

-Familiarize yourself with the train schedule so you can allow plenty of time to purchase a ticket or cross safely to the other side. If you are running late, wait for the next scheduled stop rather than risk being struck by a rail scheduled to leave the station.

-Expect delays or early arrivals for scheduled train stops.

-Avoid wearing long coats or loose clothing that can become lodged in a train's doors or tracks.

Continue reading "Recent Charlotte Rail Accidents Raise Concern for Pedestrian Safety on Train Platforms" »

CBS News reports a recent survey conducted by the AAA Foundation for Traffic Safety found that a high percentage of respondents (96 percent) said that driving drowsy is dangerous and unacceptable. Ironically, a third of these same respondents admit to driving while fatigued and have put other motorists at risk of a car accident caused by drowsy driving in Greensboro, and throughout the country. There were more than 3,100 U.S. residents over the age of 15 interviewed for the survey.

Our Asheville personal injury lawyers know that people who work long hours, get brief periods of sleep or expend a tremendous amount of energy throughout the day are the ones most likely to cause a drowsy driving-related accident. It is important that if you feel tired or aren't well rested, that you limit the time you spend behind the wheel to prevent other motorists from being at risk of a car collision.

Recent studies have indicated that drowsy driving has become a serious problem that needs attention. In 2010, one in six fatal accidents nationwide were caused by a drowsy driver. In addition, more than 12 percent of accidents last year that resulted in serious injury were caused by a drowsy driver. Men and young drivers are the two demographics that cause the most fatigue-related accidents. Two thirds of drowsy driving accidents involve a male driver. The 16- to 24-year-old age group is twice as likely to be involved in a drowsy driving accident as the 40 to 59-year-old group.

The National Highway Traffic Safety Administration found in a study that the most common characteristics of a crash caused by fatigue are:

-A single vehicle veers of the road or across the center line.
-Crashes most often occur on roads with higher speed limits permitted.
-The crash usually results in serious injury as opposed to just a minor fender bender.
-The driver is often riding alone.
-Late night, early morning or mid-afternoon are the most common times of day for a crash to occur.
-The driver typically makes no attempt to avoid a crash.

Since there is no simple test to monitor when an accident is caused by drowsiness, little is known about the risks related to drowsy driving accidents. Researchers have found that sleep loss, use of certain medications, consumption of alcohol and undiagnosed sleep disorders can increase the risks causing an accident related to falling asleep at the wheel.

The following tips can help a driver reduce the chances of an accident caused by fatigue:

-Make sure someone rides in the vehicle with you. A passenger can initiate conversations and keep the driver awake.

-Follow the 100-mile rule. A break should be taken every 100 miles or every two hours, whichever comes first.

-Don't attempt a long trip with less than seven hours of sleep.

If you begin to feel groggy while driving, pull over to a safe location and either take a nap, a walk or get something to eat. You may be surprised how a quick stop can break the monotony and help make you feel more rested or awake.

Continue reading "Drowsy Driving Accidents in Greensboro, Elsewhere Can Cause Severe Injury" »

Oil changes and routine maintenance checks may be a cost North Carolina motorists are opting to cut by doing the work themselves because money is tight or budgets are spread too thin. Our Winston-Salem personal injury attorneys urge you to be careful if you are an inexperienced mechanic or if you do not have the proper tools and equipment. When it comes to vehicle maintenance, do-it-yourself people mean well, but they can put themselves at risk of injury. Backyard mechanics have been known to cut themselves, get burned, and some even crushed because of a shoddy or improperly positioned car lift.

Fox Carolina reports how some garage accidents can be fatal. A 59-year-old male for instance was killed recently while working on a vehicle. He had lifted the car with a jack and was underneath the vehicle doing repairs when it collapsed on him. The weight of the car pinned and trapped the victim underneath with no chance of escape. According to the coroner's report, he was pronounced dead at the scene.

Even trained professionals in automotive repair are at risk of a car repair-related accident in Statesville or elsewhere. According to the U.S. Department of Labor's Bureau of Labor Statistics, there were more than 950,000 mechanics or automotive service technicians working in the U.S. in 2005. From 2003 to 2005, almost 150 mechanics died at work and another 15,680 were injured while working in a repair shop or garage. The fatality rate in 2005 for auto mechanics was 5.3 per 100,000 employees, which was higher than the fatality rate of all other occupations combined.

Whether you work on cars as a hobby or for your occupational trade, or maybe even a customer visiting a repair shop working on your vehicle, the following garage safety tips should always be followed:

-Prevent burn injuries by working on a cool engine and wearing a welding mask anytime you light a flame.

-Eye protection such as goggles is important to reduce the risk of hazardous chemicals or severe cuts getting in or near your eye. Wearing gloves, overalls and steel-toed shoes are also protective gear that can be worn to help reduce the risk or severity of injuries.

-Always use a jack stand and make sure it is securely locked before getting underneath a vehicle to work.

-Before sliding underneath the vehicle, make sure the parking brake is set and block the tires so the vehicle can't move or roll while you are underneath.

-Always turn the vehicle off in an enclosed area and make sure the key is out of the ignition if you are replacing electronic components.

-Stay away from grease and oil spots or other slippery substances on the garage floor.

-Never smoke while working on a vehicle, and keep a fire extinguisher close by at all times.

Continue reading "Auto Repairs in Winston-Salem, Elsewhere Present High Risk for Injury and Potential Death" »

A recent drunk driving accident in Charlotte that cost a pedestrian her life has caused quite a stir with local business establishments and members of the community.

WSOCTV reports a woman was hit by a drunk driver in an SUV as she was crossing the street. A witness reported the young woman had made it across safely but was hit when she turned around. Local merchants are petitioning the city to have a crosswalk put in at the intersection because it is so difficult to get across safely with the heavy flow of traffic.

The closest nearby crosswalk to the scene of the accident is nearly a block away. The alleged drunk driver who is charged with causing the accident was arrested on counts of DWI, felony involuntary manslaughter and a violation for license restriction.

Winston-Salem personal injury lawyers know that the holidays are fast approaching which is cause for celebration but please be responsible by choosing not to drive under the influence. We hope for the safety of all roadway users to keep drunk drivers off the streets so everyone can have a safe and enjoyable holiday season this year.

WCNC reports that neighbors within the community are also expressing their concern about the dangerous but popular party spot. Though the pedestrian accident was a tragedy, members of the community fear it will happen again. One posed problem is the convenience of parking near bars and restaurants in the area.

A merchant parking lot is located nearby which requires crossing the street with no crosswalk as opposed to parking up on the corner which would require using three crosswalks to get to the same popular bar and restaurant area.

Several neighbors spoke of previous near-misses which are good indicators that this is a dangerous area waiting for more accidents to happen. The last accident at this spot occurred in August 2010 when three pedestrians were hit by a drunk driver but no one was killed.

In the news since the accident is a bar owner taking matters into his own hands by launching an online petition to get safety features added in front of his business where the pedestrian was killed. The Charlotte Observer reports the owner of Jackelope Jack's has petitioned the city to install flashing lights and speed limit curfews.

The victim was a regular patron at the establishment and had left there right before the accident occurred. The owner stated that Jackelope Jack's would contribute financially to installing the requested safety measures to help keep patrons safe as they head home.

The transportation department in Charlotte is waiting for police to complete their investigation before they send out a team for a field investigation. An investigative team will then conduct an engineering study to see what measures can be taken to improve pedestrian safety.

Drunk drivers kill more than 10,000 people annually. Don't let this year end in tragedy by getting behind the wheel after having too much to drink. Be responsible for your own actions and don't let friends drive drunk.

Continue reading "31 Year-Old Charlotte Pedestrian Killed by Drunk Driver While Crossing the Street" »

Newly passed legislation in North Carolina could make it more difficult for accident victims to take care of business following a minor collision. The Fender Bender Law requires drivers involved in a minor, non-injury crash to move the vehicles to the shoulder or risk being assessed a $110 fine in addition to court costs.

Asheville injury lawyers are leery of a law like this because it promotes motorists to leave the scene of an accident before all the necessary information is exchanged. To avoid a fine, motorists will be more likely to leave the scene in a rush if no injuries occur. Back, neck and shoulder injuries from a car crash in Charlotte or elsewhere can sometimes take days, weeks, or months to develop, which puts victims out of luck when they suffer chronic pain if they don't follow the right protocol at the scene.

WBTV reports that signs will start being posted along major roads and highways to remind motorists in a fender bender to move away from the road. A local trooper commented that minor crashes put victims at risk of another accident with flowing traffic. To avoid another collision with passing cars, law enforcement will start fining motorists who don't get their vehicle moved off the road. Rubbernecking from passers-by is always discouraged at the scene of an accident to reduce the risk of another collision.

Motorists involved in a fender bender should never be too quick to rush from a scene. In order to know what to do in the event of a collision, let's review some important crash scene protocol:

• It is illegal to be involved in a collision with any person or thing and not stop at the scene. Avoid criminal charges by always stopping.


• Always report the collision to the police, no matter how small. If damage to a vehicle or person occurs, call 911 immediately for assistance.


• If no one is injured and the vehicles can be driven, attempt to move them over to a safe location to avoid additional collisions with passing vehicles. Stay alert for oncoming traffic.


• When asked if you are injured or need medical treatment at the scene, always accept the offer to be looked at. Even minor injuries can develop into something serious so getting treated can document that an injury may have occurred from the crash. Don't let minor injuries following a crash linger without getting medical treatment.


• Never present an attitude by becoming belligerent or hostile to law enforcement officials; that are there to help. They are often called as witnesses so treating them with respect is important.


• Obtain as much information as possible. If someone was riding with you, have them help get all the witness names and information that can help with remembering the accident. Document names, addresses and phone numbers of any witnesses, as well as, write down what you recall about the accident. Making note of environmental factors like pot holes, traffic signs, skid marks to name a few can help you to recall the accident later if needed.


• Make a call to the insurance company as soon as you get home to alert them of the accident.


• Camera phones make it easy to capture the accident right at the scene. Snap a few photos or video with your cell phone before you leave.


• If an injury develops or persists weeks or months later, get medical treatment.


• Contact an experienced car accident law firm if you have questions about the case and feel you need to pursue a claim.

Continue reading "North Carolina Personal Injury Lawyers Say To Always Report Charlotte Car Accidents" »

Curbside buses may be more economical than taking a charter bus around town with one-way fares ranging from $1 to $5 with an advanced purchase, but a recent study has shown that smaller buses aren't as safe.

This is one instance where saving a few pennies isn't worth the ultimate risk you take of being a passenger on a short bus involved in a Winston-Salem bus accident.

The Wall Street Journal reports that low-cost buses have been found to be involved in fatal accidents 7 times more often than conventional buses that are typically more expensive. Following a Bronx bus accident last March that killed or injured more than 30 people, the National Transportation Safety Board (NTSB) was forced to take a closer look at bus accidents occurring throughout the country.

Questions still need answered on how many companies offer curbside service or how many miles these buses actually travel throughout the year. Bus operators have an obligation to keep passengers safe but the government is having a difficult time monitoring these fly-by-night companies that offer lower fares to customers. These companies cut overhead costs by not having to pay operators at terminals the fees that more reputable charter companies have to pay.

Greensboro bus accident lawyers know that times are rough but consumers shouldn't compromise on safety in order to save a few pennies. Keep in mind if you are taking a tour around town to see holiday lighting spectaculars or events, choose your bus company wisely to reduce the risk of a bus accident with a less than reputable company.

The NTSB recently released these key findings from their first comprehensive study of the motorcoach industry:

• Accident rates and roadside inspection violations are higher for curbside carriers who operate with 10 buses or less and have been in business for 10 or fewer years.


• From January 2005 to March 2011, curbside bus carriers had an accident rate of 1.4 per 100 vehicles compared to conventional charter operators having a fatal accident rate of 0.2 per 100 vehicles during the same time period.


• Curbside carriers are often excluded from routine inspections while enroute which makes it difficult to keep tabs on or cite these companies for safety violations.


• Many of the low-cost bus companies require drivers to work longer hours to cut costs to the company which in turn creates a tremendous concern for passenger safety when a driver becomes fatigued.


• Curbside operators use online bus brokers which creates a lack of efficiency for tracking ticket sales. The Federal Motor Carrier Safety Administration (FMCSA) has no authority to control sales through brokers.


• The FMCSA can't keep up with compliance reviews for over 765,000 motor carriers. There is currently a ratio of 1.15 investigators per 1,000 motor carriers that need inspected.

Curbside buses pick up passengers at locations other than terminals. From April 2009 to March 2011, curbside carriers were cited for unsafe driving violations at a rate of 22.4 per 100 buses, compared to conventional buses being cited at a rate of 26.4 per 100 buses for unsafe violations. In addition, low-cost operators were cited for fatigued driver violations at a rate of 16.7 compared to conventional operators at 11.2 for the same violation.

Bus passenger safety is a growing concern because since March 2011, there have been five accidents being investigated by NTSB that have resulted in 22 deaths and 159 injuries. Operating companies need to be held accountable for safety measures and take every precaution to keep passengers safe.

"Business and safety practices within the growing curbside bus industry create challenges for enforcement authorities and consumers alike when it comes to separating the safe operators from the unsafe operators," said NTSB Chairman Deborah A.P. Hersman.

If you have been involved in a bus accident involving a large or small operating charter company, contact an experienced injury lawyer to help work through the case and get sound advice. Charter bus companies often have powerful representatives who can try to wiggle out of company negligence, so seek your own legal representation that can help you fight for the compensation you deserve.

Continue reading "North Carolina Bus Passengers Using Cost-Efficient Operators At Higher Risk of Winston-Salem Bus Accident " »

With the holiday season fast approaching, parents, caregivers and guardians may be contemplating what gifts or toys to get children this year. This is the time of year we invite all sorts of new products into our lives, increasing our risk of defective product injuries in North Carolina as well as child injuries in Greensboro and elsewhere.

With 3 billion toys being sold annually, our Charlotte defective product attorneys want to remind parents and other consumers that there are loads of hazardous toys placed on store shelves and online toy sites. Try to research before you purchase in order to avoid a preventable injury to your child or loved one.

Safe Kids USA reports that emergency rooms are busy with children injured from defective toys in recent years -- roughly 217,000 visits on average each year.

Children under the age of 14 average a total of 15 deaths from a toy-related accident annually. In 2005, there were 20 child deaths related to a defective toy and 75,000 toy-related injuries for children ages 13 and under.

The most common causes of toy-related deaths are from choking, riding accidents, strangulation and drowning. A high percentage of toy-related injuries are to the head or face but defective toys can also cause broken bones, lacerations and puncture wounds to other areas of the body like legs, arms, hands and chest.

The U.S. Consumer Product Safety Commission recently adopted a new testing system and certification rules for children's products to help prevent defective products from reaching consumers. Domestic manufacturers, private labelers and distributors have a responsibility to catch defective products before they hit the market.

The following requirements are now in place:

-Compliance with product safety standards set forth by the Consumer Product Safety Improvement Act of 2008 with relation to testing and certifying of their children's product.

-Periodic third party testing will now be conducted to ensure product reliability and safety.

-Any changes in product design, the source of the product components or manufacturing is required to be re-tested and re-certified for federal safety standards.

-Labeling is voluntary but children's products may now apply a label "Meets CPSC Safety Requirements" if compliance is met with federal standards.

-Must keep accurate and up-to-date records on testing and certification.

Consumers may need some help when it comes to detecting a hazardous toy. Kids Health offers these tips to parents, caregivers or guardians when purchasing a toy for a child:

-Any toy made of fabric should either be marked with a flame retardant or flame resistant label.

-Look for an "I am washable" indicator on all stuffed toys.

-Materials used for art should state they are nontoxic. Crayons and paints should be evaluated by the American Society for Testing Materials and contain an ASTM D-4236 label for compliance.

-Any painted toy should have been covered in lead-free paint.

-Refrain from purchasing old toys at flea markets or yard sales because they may not be compliant with federal safety standards.

To review past and present recalls on defective products before you shop for the holidays, visit CPSC recalls online.

Continue reading "Holidays Bring Risk of Defective Product Injury In Greensboro, North Carolina " »