Car Wreck

To Avoid Severe Injury, Don’t Swerve when Animals are in the Road

June 5, 2012 | AS Personal Injury Lawyers

According to an article in the Miami Herald, most injuries on the road involving animal crashes occur not when a driver actually hits the animal, but instead when the car crashes following an attempt to avoid hitting the animal. Apparently it’s the swerving away from the critter that actually causes most of the injuries to drivers and their passengers.

According to the National Highway Traffic Safety Administration (NHTSA), there were 173 fatal accidents involving animals in 2009, the most recent year that statistics were available. That same year there were 12,000 car accidents that resulted in injuries involving animals. Even more shocking is the news that according to the Insurance Industry for Highway Safety, 1.5 million accidents involving deer occur each year across the country and result in $1 billion in damages.

According to people familiar with the subject, highway safety experts and police officers who encounter such accidents regularly, swerving to avoid a collisions may actually be more dangerous than simply hitting the animal. Law enforcement officials urge motorists to avoid sudden evasive maneuvers if you’re not able to check the other lanes of traffic beforehand. If it’s safe to make a lane change then the experts say to go ahead, but if you’re not sure what else is going on around you then swerving is usually the wrong choice.

Older North Carolina Drivers and Road Safety

May 31, 2012 | AS Personal Injury Lawyers

As the Baby Boomer generation continues to age, one thing is certain–the roads will be increasingly filled with older drivers. Currently, thirteen percent, or 34 million Americans, are over sixty-five years of age. That number is expected to increase by 60% over the next fifteen years. Based on these numbers, it is projected that one in five drivers will be 65 or older by 2025.

While the older drivers may have more experience on the road, they are also responsible for a disproportionate number of accidents. A report released by TRIP states that although drivers over 65 account for 8% of all miles driven, they are involved in at least 17% of all reported crashes.

North Carolina is towards the top of the list in multiple statistical categories pertaining to older drivers. The state is fourth in the nation in raw number of older drivers killed in car accidents and fifth in the number of accidents involving at least one driver over the age of 65. North Carolina is ranked ninth in the nation for number of older licensed drivers. Unsurprisingly, the number one state in many of these categories is Florida.

Older drivers are more susceptible to serious injury from car accidents for a number of reasons. First, age comes with increased physical frailty and related medical issues. These issues include slower reaction time, poorer eyesight, and reduced muscle dexterity. Furthermore, when such accidents happen, injuries tend to be more severe due to this increased frailty. TRIP singles out “safely moving through intersections” as especially hazardous for older drivers.

Despite these numbers, no one is suggesting that we revoke the licenses of all older drivers. One of the major determining factors in quality of life is mobility and to deny that to an ever-increasing proportion of the population could only lead to trouble. Rather, it is being suggested that steps be taken to make the roads safer for older drivers. Some of the more prominent suggestions include clearer signs with larger lettering, increased width of pavement markings, widening lanes, and brighter lighting.

Study shows that turn signal errors contribute to 2 million car accidents per year

May 24, 2012 | AS Personal Injury Lawyers

In driver’s ed most of us learned to follow a few simple rules before changing lanes: turn on your blinker, check your mirrors and check your blind spot. Only after these had been done is it safe to change lanes.

According to a new study by the Society of Automotive Engineers discussed on MSNBC.com, almost half of all drivers are getting that first, and arguably most crucial step, wrong. The study found that, when changing lanes, 48% of drivers either fail to engage their turn signals or forget to turn them off. When turning, the error rate drops considerably but still remains at a surprisingly high 25%.

Whatever the reason, forgetfulness, laziness or poor driver’s education, the signal errors are having a major impact on driving safety. According to the study, improper blinker use causes roughly 2 million traffic accidents every year. By comparison, distracted driving causes around 950,000 crashes each year.

Drivers who fail to use their turn signals properly might not think their mistake is a big deal, but the fact is that such a slip up puts everyone else on the road at risk. Even if an accident does not happen, drivers could still run into trouble with the law. After all, failing to signal a turn or a lane change is a crime and is treated as severely as speeding or running a red light.

The people at the Society of Automotive Engineers have come up with a novel and potentially useful solution to the problem. It’s called the “Smart Turn Signal,” the group claims it can go a long way to reducing the rate of car accidents across the nation’s roadways.

The “Smart Turn Signal” would automatically shut off a signal once a certain amount of time had passed. The device is also capable of being programmed to automatically turn off after detecting a lane change. Such a feature is similar to what happens now after drivers complete a turn.

Deadly Car Crash Raises Questions for Gastonia Police

May 8, 2012 | AS Personal Injury Lawyers

According a recent article on WCNC.com, police in Gastonia, North Carolina are conducting an investigation into a car crash with deadly consequences. It happened in the wee hours of Friday, May 18, 2012 on Beaty Road. The incident began at the intersection of Beacon Hills Drive and the police are still unsure about what caused the car crash.

The driver, Fionjela Knox, and her boyfriend, Justrivius Chambers, were driving a 2011 Chrysler Sebring. After the crash, the car came to rest on the side of the road in the middle of some bushes. Chambers was killed instantly but Knox survived the crash and is now in critical condition at an area hospital.

What is bothering investigators is the extent of the injuries to both crash victims. Doctors disagree on whether all of the injuries were caused by the crash. One doctor believes that the wreck was severe enough to have caused the substantial injuries to both victims, especially the survivor. Another doctor believes that Knox may have sustained injuries before the wreck. A police report, which has still not been finalized, claimed that Knox had been the victim of an aggravated assault shortly before the crash that seriously injured her.

The tow truck driver who was called to haul the crushed car away to a nearby lot said the police were acting very strange and he was told that he was not to touch the car in any way. Obviously the police believe that the car is of some evidentiary value and do not want to take the chance that the tow truck driver will contaminate the evidence.

Some of the neighbors told police that they heard gunshots. Glass was found several hundred yards away from where the car eventually came to rest after the crash. Some speculate that the window had been shot out just prior to the crash. Chambers had been previously convicted of possession of a firearm. Several questions still remain about what happened that night between Chambers and Knox.

Charlotte, North Carolina School Bus Accident Sends 12 to the Hospital

April 19, 2012 | AS Personal Injury Lawyers

The presence of school buses should always give drivers pause. It should signal to those who are around that precious cargo is present. No one wishes anyone to be injured, but injuries to children are the most heartbreaking. Anything that can be done to prevent a child from being senseless injured by the carelessness of others should be observed and highlighted.

On Wednesday, May 2, 2012, two school buses carrying busloads of children and one car were involved in an accident that sent several to the hospital. Fox Charlotte reported that around 3:00 p.m. at the corner of Carolina and Edgefield Avenues, a Chrysler sedan and the two school buses collided. Between the two buses and the car, there were 58 people involved in the accident. Twelve people were taken to the hospital and treated for minor injuries.

One of the buses was from the YMCA and the other bus was from the Gaston Boys and Girls Club. Both buses had just picked up the students that participated in their afterschool program. The report does not reveal the cause of the accident or whether any charges are pending against any of the drivers.

Accidents like this are often preventable. As long as everyone on the road is paying attention to those around them, there is no reason why school children should be injured in such accidents. It is possible that some legal liability will come out of this accident. If the driver of the car was negligent, then he or she will be responsible for the injuries to the children and the damage to the buses. If either of the bus drivers were negligent, they too would be responsible for the injuries to the children and the damage to the buses, but it is also possible that their employers may be held liable.

Dangerous Crosswalk a Source of Concern to Charlotte Parents

March 15, 2012 | AS Personal Injury Lawyers

According to a recent report by Fox Charlotte, there have been two teens hit by cars while walking home from a local high school in little more than a week. The accidents took place at one of the most dangerous intersections in the city and it has become a source of some concern for many of the residents of that area and the parents of the children who have to cross it.

The crosswalk is at the intersection of Matthews-Mint Hill Road and Swain Drive. A 15-year-old boy sustained minor injuries after he was struck by a car while walking along Matthew-Mint Hill Road. According to the parents of students at Butler High School, the intersection presents several dangers.

One of the students, Eddie Hudima, told Fox Charlotte that he knew of a lot of accidents at that intersection. Humida’s parents did not know that there have been several accidents along that intersection and when Fox Charlotte told them about a young student being hit by a car there, they were very concerned. Humida crosses that intersection every day after he comes from Junior ROTC practice after school.

Residents of the area have noted that there are several problems with that intersection. One of the problems is that the intersection does not have a crosswalk sign or a warning sign for the students that cross the street. Another problem is that there is a “No U-Turn” sign that the majority of drivers ignore, which increases the risk of an accident. Residents believe that a stop light at that intersection will significantly decrease the chances of having an accident with a pedestrian.

North Carolina-based Bus Company Faces Significant Lawsuit over Injuries

March 6, 2012 | AS Personal Injury Lawyers

North Carolina-based Sky Express is now facing a $500,000 lawsuit after one of its passengers was injured in a crash. The bus crashed in Caroline County, Virginia, and that is where the passenger, Shirley M. Dai, filed her complaint. In addition to Sky Express, Dai also named the driver, Kin Yiu Cheung, and Ivy Media Corp., doing business as GotoBus.com.

GotoBus.com was the site where Dai purchased an overnight bus ticket from Greensboro, North Carolina to New York. The complaint explains that Dai suffered serve physical and emotional injuries. It also alleges that 50 people were injured in the crash and four people died.

Apparently, Cheung fell asleep at the wheel while driving, which caused the crash. Cheung and several other individuals are facing criminal charges in connection with the four deaths from the crash. The complaint alleges that the North Carolina company, Sky Express, failed to provide Cheung with adequate resting time for the overnight trip and thus were negligent. A dispatcher in North Carolina told Cheung that even though he was too tired to drive the bus, he had to make the overnight trip. Sky Express released a statement indicating that the civil matters would be handled by the company’s insurance agency.

GotoBus.com denies any wrongdoing, releasing a statement expressing its condolences to the families of the victims, but saying that it was is no way affiliated with Sky Express and sold tickets for several bus companies. The complaint alleges that the two companies operated as a joint enterprise, thereby making both companies liable for the injuries.

Charlotte Fatal Truck Accident Caused by Delivery Driver

February 23, 2012 | AS Personal Injury Lawyers

WBTV recently reported that two young children were killed after being struck by a Sears delivery truck in a fatal trucking accident in Charlotte, North Carolina. On Wednesday, February 22, 2012, police responded to the intersection of Shady Lane and West Tyvola Road after a harrowing accident. Two brother, Jeremy Brewton, 1, and Kadrien Pendergrass, 5, died from injuries they suffered after a Sears delivery truck barreled through the intersection. The delivery truck driver, Dirk Jerome Brown, has been arrested and charged criminally for the incident.

The children were walking with their father, who also had his infant daughter with him. He and his children were walking near the edge of the street, with the father pushing one stroller and Pendergrass, the 5-year-old, pushing the other stroller. The driver was trying to turn right onto West Tyvola Road when he hit the two boys and their father. The young boys were rushed to Carolinas Medical Center, but they were pronounced dead at the hospital. Thankfully, the father and his infant daughter were not hurt in the accident.

Sears released the following statement through its spokesperson, Kimberly Freely: “Our thoughts and prayers are with the family of these two children… We’ve asked our third party delivery company to fully cooperate with local authorities as they investigate this tragic accident.” Apparently Sears contracts with a third party for all of its delivery services. This may be an important aspect should the family of these young boys decide to pursue a civil action against the major corporation for their deaths.

This accident will definitely raise liability issues for the third party delivery company because Brown, the delivery driver, was an employee of the company. Under the doctrine of respondeat superior, an employer can be held vicariously liable for the negligence of its employees if: (1) the employee’s actions were authorized by the employer; (2) the employee’s actions were committed within the scope of and in furtherance of the employer’s business; or (3) the employee’s actions were later ratified by the employer. It is likely that Brown was on his way to a delivery or coming from a delivery when struck the two young boys, which would make it very possible that he was acting within the scope of his employment with the delivery company. As such, the delivery company may be vicariously liable for the wrongful death of the two brothers.

Charlotte EMS Leaves Biohazard After Car Accident

January 5, 2012 | AS Personal Injury Lawyers

According to a recent report by WBTV, a controversy has erupted over who is responsible for cleaning up hazardous waste left after an accident involving injuries.

After the injured had been treated at the scene and sent off to receive additional medical care, what was left behind at the scene was a slew of bloody gauze and soiled latex gloves used by EMS to stabilize and treat the injured passengers. The law currently does not provide any guidance about who is supposed to clean up the scene of an accident. Mark Fagala, a biohazard specialist, said, “EMS takes ’em in, Highway Patrol clears, and it’s just left for the property owner to clean up.”

The homeowner with bloody gauze strewn around his yard was not satisfied with being responsible for having to clean up a mess for which he was not responsible. He called the City of Charlotte and complained. Someone was immediately sent out to properly dispose of the hazardous waste. There are guidelines for proper disposal of biological waste and the fact that there are not clear provisions regarding the clean-up after an accident means that someone has dropped the ball.

Only two states in the country have specific rules for disposal of biological waste, Florida and California. North Carolina has no such laws and Fagala thinks that it is time for that to change. The risk of infection and injury is high in this situation. The owners of the property where an accident has occurred has no way of knowing if any of the injured people carried life threatening diseases and whether they are putting their own health at risk if they attempt to dispose of the material.

The best and most efficient thing to do is to lobby lawmakers to draft a bill addressing this issue. There are several possibilities. EMS could be required to come back and clean the scene. EMS could be required to notify an accident and crime scene clean-up agency prior to leaving the scene. The police department could also be required to do the same. Whatever the avenue taken by lawmakers, it will be better than leaving an innocent property owner with the responsibility of clearing their property of hazardous material.

CATS Bus and Truck Collide, Injuring Twelve

December 27, 2011 | AS Personal Injury Lawyers

Charlotte-Mecklenburg police and emergency crews were called to the scene of a troubling bus accident on North Tryon Street in Charlotte on Thursday morning. A CATS bus and a pickup truck collided at an intersection. The end result was that 12 people suffered injuries. At the time of the crash, the bus was carrying twenty passengers. Twelve of those passengers were injured. One passenger had life-threatening injuries, while the others only suffered minor issues. Seven passengers were taken to Carolinas Medical Center and the other five were taken to Presbyterian Hospital. The driver of the truck escaped injury entirely.

The CATS bus was coming up a hill when the pickup truck pulled out in front of the bus. The driver of the truck was trying to make a left turn onto Tryon Street, but collided with the bus. Police have made the determination that the driver of the pickup truck is at fault because he pulled out in front of the bus. WSOC TV spoke with the pickup driver’s supervisor at Kip Construction where he worked. His supervisor admitted that the turn onto North Tryon can be difficult to navigate and drivers should be cautious when making that turn. “I’ve been hit coming out of there,” said Bryan Rosenhauer with Kip Corporation, another of the driver’s colleagues. “I’ve been hit turning in there. It’s just a bad spot coming over the crest of a hill. People move through here pretty good.”

This type of accident should prompt drivers to be more careful when driving. Had the pickup truck driver waited for a few more seconds before making that turn, he could have avoided the damage to his car, the damage to the CATS bus, and the 12 injuries. He is now potentially responsible for all the damage and the injuries that resulted from his failure to yield the right of way to the CATS bus.

The police’s determination that the driver of the pickup truck was at fault will go a long way in proving in court by a preponderance of the evidence that the driver is civilly liable for the damage. However, if the driver can demonstrate that the CATS bus driver was driving too fast or if there was something that the bus driver could have done to avoid the accident, then CATS may potentially be barred from recovery due to North Carolina’s pure contributory negligence rule. Pure contributory negligence bars the plaintiff from recovering anything if the plaintiff was in any way at fault.

There are, however, some exceptions to this harsh rule, one of them being something called “The Last Clear Chance” rule. This doctrine provides that if the defendant had the last clear chance to avoid the accident but did not, then the plaintiff may make a full recovery regardless of the amount of the plaintiff’s fault.