Articles Posted in Car Wreck

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A Charlotte woman was injured after a car accident that took place earlier this week during the afternoon rush hour on I-485. The accident, which took place just after 6:30 p.m., happened along the I-485 outer loop between Providence Road and Rea Road.

North Carolina Highway Patrol has said that a 26-year-old driver, Kathleen Thomas was driving along I-485 when she pressed her brakes and lost control of her vehicle. Her car then spun out, crossed the median, clipped one vehicle and was ultimately hit by an oncoming SUV.

Charlotte emergency responders say it took the Fire Department a substantial amount of time to extract the woman from her smashed vehicle. Thomas was taken to the hospital for treatment of injuries including a fractured pelvis and leg injuries. The driver of the SUV, who has not yet been identified, was also injured in the accident.

Police say that since the accident they have charged Thomas with reckless driving and DWI. An investigation after the wreck turned up six different medications in Thomas’ car which led to the impaired driving charges.

Though many drivers may not realize it, the problem of impaired driving is not limited to alcohol. Driving under the influence of prescription drugs raises many of the same concerns given that powerful medication can act on the brain to impair a person’s motor skills, reaction time and judgment. Drugged driving is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.

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A terrible accident took place in Newport, North Carolina a few weeks ago that resulted in several people being taken to the hospital for treatment of their injuries. The two vehicle crash took place early one evening and is being blamed on one driver’s failure to turn on her headlights.

Police say they have charged the one driver with failure to burn her headlights and to properly inflate her tires. The woman was driving her car, an older model Pontiac, west on Highway 70 in Newport, NC with only her parking lights on. It was then that a van making a left turn onto Highway 70 crashed into the Pontiac. Five people were taken to a local hospital for treatment of non-life-threatening injuries, while emergency responders at the scene treated a sixth person.

In a normal accident that unfolds in this way, many might think that the car that turned left onto Highway 70 and thus into the path of the Pontiac would be at fault since it did not respect the right of way of the oncoming vehicle. However, the driver of the Pontiac did not have her headlights on which meant she is being held liable for the terrible accident.

North Carolina General Statutes § 20-131 is very clear on the requirement for drivers to keep their headlights on. The language of the law reads:

The headlamps of motor vehicles shall be so constructed, arranged, and adjusted that, except as provided in subsection (c) of this section, they will at all times mentioned in G.S. 20 129, and under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly discernible a person 200 feet ahead.

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Several of the fans injured in the recent NASCAR Nationwide Race in Dayton have retained lawyers to ensure that they are compensated for the injuries they sustained in the fiery accident.

The crash took place during the February 23rd Nationwide Series race at Daytona. At least 28 people were injured when a section of Kyle Larson’s car went airborne and overshot the catch fence designed to protect spectators from harm. Flaming debris then went flying into the front-stretch stands during the last lap of the race; sending a few dozen people to the hospital for treatment.

Some injuries were relatively minor, with only scrapes and small cuts. Others were much more serious, so serious in fact that two people remain in the Daytona Beach Halifax Health Hospital today, weeks after the crash. The two remaining patients were injured after being hit by Kyle Larson’s tire and each suffered what were initially life-threatening injuries.

One man from North Carolina was injured in the NASCAR crash. The man, from Angier, NC, was taken to a Daytona hospital to receive medical after suffering from cuts to his face and body. The cuts were deep enough that he had to receive 12 stitches in his head. He’s now back home recovering from his wounds.

Some legal experts interviewed by USA Today are saying that NASCAR could face liability for the accident, despite issuing tickets that say spectators assume the risk of any injuries. Some have said that a strong case could be made that the organization could have done more to prevent these injuries from occurring by using a stronger fence or better assembling it to hold up to the force of a crash.

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According to a recent report by WBTV, pedestrians in Charlotte might have some good news in terms of safety. That’s because the city has announced the start of a new program designed to make sidewalks in Charlotte safer for those on foot.

The campaign was started after joggers, disabled citizens and those walking to work and school voiced complaints with the city about the lack of safety for pedestrians. The complaints began after a string of traffic crashes were reported last year involving pedestrians. The accidents were bad enough that two resulted in fatalities for innocent pedestrians.

Last year a terrible accident crystalized some of the problems seen in Charlotte that are caused by overly crowded sidewalks. A student at Myers Park High School was riding his bike when he tried to avoid a garbage can that had been placed on a sidewalk. When he swerved to avoid the can he fell off his bike into the street where he was hit and killed by a passing vehicle.

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A terrible accident on I-485 last week left five people injured after a tractor-trailer carrying a mobile home crashed into other nearby vehicles. The accident happened just after noon on the I-485 inner loop just past Providence Road.

The Charlotte Fire Department said they were dispatched to the scene to save a person who was trapped in a car. All of the five people injured were taken to the CMC Main Hospital for treatment, three of whom were treated for life-threatening injuries.

An interview conducted by WCNC of several of the victims in the crash revealed that one survivor is suffering from multiple broken ribs, a broken leg and a broken arm. Two others in the same car also had several broken bones and are severely bruised. Despite the terrible injuries, they say they count themselves as lucky just to have survived.

One of the vehicles involved in the crash was a Toyota Prius that was following behind the semi acting as a pilot car. The driver says the crew had just pulled off the interstate to fix some plastic wrapping on the mobile home that had come loose. As they were stopped on the side of the interstate out of nowhere the Prius was smashed into by an SUV driver going at least 65 miles per hour along the shoulder of the road. Evidently the driver was attempting to program his GPS and had drifted out of the lane of traffic, not paying attention. The Prius was hit so hard that the front end was smashed into the back of the mobile home and the back end was smashed into the SUV.

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There’s been discussion among industry insiders about the low auto insurance rates paid by consumers in North Carolina and whether a raise in the rates might actually be a good thing in the long run. This might come as a surprise to drivers in the state given that North Carolinians currently enjoy some of the lowest car insurance rights in the country.

According to a survey by the National Association of Insurance Commissioners, drivers in the state pay the eighth lowest amount in the country behind Maine, Idaho and five states in the Midwest. Another survey, from Insure.com, says that the state is doing in even better, coming in at the fifth lowest auto premiums in 2012.

However, the reason for the low rates reveals that it’s not all good news. Some of the reasons are great: good roads, good traffic enforcement and low population density are all contributing factors. However, a bigger reason is that North Carolina is one of only a few states with laws on the book that make it harder to win personal injury lawsuits by evaluating whether an injured person had a role to play.

In North Carolina, the law says that if you are even one percent at fault, you might as well be 100% at fault. That’s because unlike most states, North Carolina follows an old common law rule known as contributory negligence. Under this approach, when a person is found to have any responsibility at all for his or her injuries, that person is then barred from recovering damages for those injuries. That means, that if a person is responsible in the smallest way for an accident, the defendant will avoid having to pay anything for the harm they caused. There are a few ways around this strict rule, including if the defendant acted in a willful or wanton manner or if the defendant had the last chance to avoid an accident and failed to do so. Currently only three other states and the District of Columbia follow the contributory negligence approach.

The vast majority of states use some version of a comparative negligence system where the amount a plaintiff can recover is reduced according to the percentage they are found to be at fault. For instance, if a plaintiff is found to be 10% responsible for an accident and the defendant is found to be 90% responsible, the total damage award will be reduced by 10%.

There have been several attempts to change the outdated system used in North Carolina, including last year’s vote in the House in favor of a bill replacing the contributory negligence system with a modified comparative negligence system. Though the House passed the bill, it failed to get the necessary votes in the Senate due to language inserted by legislators friendly to the insurance industry.

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A heartbreaking drunk driving crash in Charlotte, NC that severely injured a young couple and killed their unborn child and the drunk driver shed light a law that is meant to prevent bars and restaurants from serving alcohol to already intoxicated customers.

The innocent North Carolina couple was driving home in October of 2010 when police say a drunk driver with a blood alcohol level more than three times the legal limit crashed into them going more than 100 miles per hour. The drunk driver had just left a bar in south Charlotte where he had been served at least 10 drinks.

The couple spent more than a month in the hospital and the wife lost the baby and more than 40% of her own blood. Extensive surgery was required for both the husband and wife in addition to many months of rehabilitation after the accident.

Earlier this month a jury in Charlotte returned a $1.7 million verdict against the bar, finding that the restaurant was negligent in serving alcohol to a person it should have known was drunk. Though the bar has not been found criminally liable, saying an investigation by the Mecklenburg County Alcoholic Beverage Control Board found that the bar had not served alcohol to the drunk driver after he was “visibly intoxicated,” the civil standard is less stringent.

The innocent couple sued the bar under North Carolina’s law that makes establishments that serve alcohol to obviously drunk or underage customers who then cause death or injury to others liable. The laws, known as dram shop laws, are on the books in all but seven states. Some have criticized the North Carolina law for being vague; not specifying exactly what owners of such establishments should do to ensure they are not liable for the actions of their patrons.

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