Motor Vehicle Negligence

Tractor-Trailer Crash In Charlotte Linked To Tired Trucker

January 28, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Is a tractor-trailer accident the same as an automobile accident?”

Police in Charlotte say that the sleepy driver of a tractor-trailer caused a recent fiery crash. The accident happened last week along I-485 in the early morning and left one person seriously injured.

Authorities say that the accident happened near Oakdale Road when a semi drifted out of its lane and ultimately crashed. The big rig caught fire and emergency crews arrived at the scene of the accident a little before 6:45 a.m. Officials with North Carolina Highway Patrol say that an ambulance was used to transport one person to a local hospital.

Investigators say they were able to talk to the driver of the tractor-trailer who said that he may have fallen asleep at the wheel and did not remember what happened prior to the accident. Police officers say it is likely that that the driver was simply exhausted after a long shift of driving and drifted off, creating a terribly dangerous situation for himself and other motorists.

The driver of the truck has since been cited with failure to maintain lane control as well as careless and reckless driving. Though no one died in the crash, the accident highlights the dangerous things that can happen when tired drivers get behind the wheels of their cars or trucks.

Two North Carolina Families Recovering After Deadly Christmas Accident

January 7, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “If I am injured in a car accident or at work what should I do?”

Police in Wadesboro, North Carolina have admitted to making a mistake during their investigation of a Christmas Day accident that left a 13-month old girl dead. Initially, law enforcement authorities said that they believed the girl’s father, Alexander Hooper, was texting before the accident.

Earlier this week, Hooper was charged with texting while driving and driving left of center. Police say they found Hooper’s phone after the tragic accident and found a message on the phone that said “Merry Christmas.” They believed that the text was sent moments before the wreck and say that they think Hooper sent it to a friend.
However, after the accident was revealed publicly and police in Wadesboro said that they would charge Hooper with texting and driving, family members came forward to explain that Hooper was innocent. Family members said that Hooper was sent a message by a friend prior to the accident but never responded. Police officials say they reopened the investigation and reexamined the phone, admitting that mistakes were made prior to filing the initial charges.

Texting While Driving Blamed For Four-Car North Carolina Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 26, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “If I am injured in a car accident or at work what should I do?”

A seriously scary accident that took place in Raleigh, NC last week reveals the dangers associated with texting and driving. The accident, which occurred on I-540 near Aviation Parkway, left several people injured and in need of medical treatment.

According to emergency responders, the accident happened at around 9:30 in the morning when Aaron Artis was approaching Exit 2 on Interstate 540. Witnesses say there was heavy morning traffic at the time and Artis, who was distracted by his cell phone, failed to notice a car stopped in the median.

Police officials say that a family had pulled over on the median to change a flat tire, with the mother and two young children getting out of the car. Police say Artis received a text message as he approached the stopped vehicle and looked down to read it for several seconds. Just those few seconds were enough to cause a serious problem, with Artis realizing too late that he was heading right for the family as his car had drifted out of its lane. Artis attempted to straighten his wheels, but when he did so, overcorrected and sideswiped another vehicle.

Police say another car then crashed into the sideswiped car. The force of the accidents caused serious injuries to the driver of the first vehicle, Laura Labdon. The mother who had stopped to change her flat tire, Adriana Sepulveda, was also injured and transported to Duke University Hospital for treatment. Thankfully, the two young kids, ages 5 and 10, were not hurt in the accident.

School Bus Camera Catches Dozens Of Drivers Breaking The Law :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 29, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

In a troubling revelation, officials with the Rowan-Salisbury School District say they have video showing 45 impatient drivers speeding past stopped school buses. Not only is the video incriminating, it reveals how drivers seemingly uninterested in obeying the rules of the road endanger children on a regular basis.

The videos come from several school buses that district officials chose to outfit with special cameras. The cameras were placed to be able to spot vehicles near the bus and capture license plate information to then turn over to authorities. Officials say that since the videos were turned over to law enforcement officials, 43 of the drivers have either been found guilty or pleaded guilty illegally passing a stopped bus with flashing lights.

The issue received increased attention after a 17-year-old student at West Rowan High School was hit and killed last week by a passing driver. Police say that Makinzy Smith died after she was hit by a vehicle driven by Barbara Smith who refused to stop for the school bus.

Rowan County says that other school systems should consider adopting a similar camera system in an attempt to raise awareness over student safety while traveling on buses. According to officials with the NC State Highway Patrol the problem is a widespread one and is certainly not confined to Rowan County.

In fact, figures released by the Highway Patrol show that a pilot program was undertaken last year where bus drivers were asked to keep track of the number of cars they witnessed passing their buses over the course of a single school day. The tally, which was taken in 2011, revealed shocking figures. Bus drivers say that they spotted 3,196 vehicles illegally passing their stopped school buses at over 2,200 school bus stops across the state. This means that thousands of young children were placed in potential danger.

Recent Fatal Accident Highlights Danger To Pedestrians On Roadside :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 22, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

An official with the North Carolina Highway Patrol says that a man from Louisburg, NC has been charged in connection with the death of one person and serious injuries to another. The deadly accident took place last weekend along I-540 in Raleigh.

State Troopers say that Paul Jago was merging onto I-540 from Six Forks Road when he crashed into two people attempting to put gasoline in their stalled vehicle. Lenny Reyes was injured in the accident while 25-year-old Lauren Ann Gervig tragically lost her life.

Gervig’s friends and family were stunned at the news, saying that they count not believe the young mother was gone. Gervig was a hair stylist in Wake Forest and had recently taken medical leave due to issues with epilepsy. Despite these troubles, friends say she was an amazing mother for her six-year-old daughter.

According to Highway Patrol officials, Gervig died in the service of a friend. She had taken a cab and a gas can to come and help Reyes whose Dodge Charger had run out of gas. She and Reyes were standing on the shoulder of the interstate with the gas door open when Jago entered the on-ramp. Witnesses say that Jago was watching for merging traffic and never saw Reyes or Gervig on the side of the road. Gervig was killed when Jago clipped the rear corner of the Charger and Reyes suffered serious injuries. Authorities say Reyes is in good condition at WakeMed.

Tragically, individuals stopped on the side of roads are often victims of similar accidents, resulting in serious injuries or even loss of life. Police say such accidents are often caused due to inattentiveness on the part of passing motorists. As a result, drivers in the area of stopped cars should remain vigilant and alert, making sure to put down any personal electronic devices like cellphones and focus solely on the road in front of you.

North Carolina Texting Laws Not Tough Enough According to Federal Government :: Personal Injury Attorneys and Lawyers in Charlotte, NC

September 5, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Is a tractor-trailer accident the same as an automobile accident?”

North Carolina lawmakers were surprised when the state lost an opportunity to receive grant money from the federal government that would have gone towards efforts to fund a campaign aimed at warning drivers about the dangers of distraction behind the wheel. North Carolina, along with 31 other states, lost the money because the Department of Transportation decided that the state’s existing texting laws were not strict enough.

Many people understand that North Carolina law prohibits texting and driving and might therefore be confused to learn that the state’s law did not measure up, at least according to guidelines created by the Department of Transportation. According to the DOT, for a state to receive the $300,000 grant it would have to have in place stringent measures that prevented drivers from engaging in a range of distracted driving.

North Carolina already has primary enforcement laws in place, a step in the right direction. These primary laws allow police officers to pull over people for texting alone and do not require another offense to justify pulling a car over. However, the DOT says that North Carolina’s law failed to define “texting” and “driving” in ways that were tough enough.

For instance, North Carolina’s law defines “texting” as either texting or emailing from a cellphone. The DOT wanted all states that receive the grant to have texting defined more broadly to include things like surfing the web and using a tablet computer, not just a smart phone. Another problem was North Carolina’s definition of “driving.” The state’s law says that texting is prohibited when the car is in motion, but is permitted when the car is stopped, even temporarily. Federal regulations say that texting is prohibited when a car is only temporarily stopped, a distinction that North Carolina’s law lacked.

Safety Advocates Hope New Trucking Regulations Improve Safety :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 20, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Is a tractor-trailer accident the same as an automobile accident?”

Some long-awaited safety restrictions created by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) were implemented earlier this week to the acclaim of safety advocates who hope they reduce the number of deadly trucking accidents each year. The new guidelines were implemented as of July 1, 2013 and lower the amount of time truck drivers are allowed to be behind the wheel every day.

The hope is that the hours-of-service changes lead to less exhausted commercial vehicle drivers, which in turns leads to safer highways for the rest of us. The regulations were initially proposed in 2011 after outcry about the dangers of tired driving among truckers. Study after study has shown how dangerous fatigue can be for commercial vehicle operators, with one survey by the NTSB showing that as many as 30 percent of all tractor-trailer crashes could be related to driver fatigue.

The issue in the trucking industry has always been that drivers have a direct financial incentive to work as long as possible. Their bonuses are tied to delivery times and the best way to get a load dropped off on schedule is to push yourself to drive around the clock. While this can increase efficiency it dramatically increases the chance that a driver will be involved in an accident. Given that truckers have such clear financial motivation to drive for as long as possible, it’s essential that the government create strict limits on work hours to protect innocent motorists from harm.

North Carolina Rail Safety Summit Convened After Huge Spike In Deaths :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 18, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Can I wait a few months to pursue a personal injury claim?”

The number of deadly train accidents across North Carolina has increased dramatically so far in 2013 and state safety officials are eager to come up with a solution to end the escalating problem. To help with that, a rail safety summit took place late last month with railroad officials, government workers, police officers and public safety advocates.

The numbers so far this year clearly demonstrate the problem: so far 15 people in North Carolina have died in train-related accidents. In all of 2012 there were only 18 train-related fatalities. Authorities say most of the deaths were due to pedestrians who were on railroad tracks, meaning they trespassed onto land that the railroad operators control. Nine out of the 15 deaths have involved such trespassers, something law enforcement officials are struggling to deal with.

Police say if someone is caught trespassing on a railroad’s right-of-way that person can be charged with a misdemeanor, but this has not appeared to prevent people from continuing to trespass. Experts say the reason for the trespassing varies, some people are just bored and out for a walk, others are trying to tempt fate while others were taking what they thought was an uneventful jog.

Those deaths that do not involve pedestrians are typically caused because drivers either disregard or never noticed warnings at railroad crossings. In some cases, rushed drivers attempt to cross already lowered crossing gates thinking they can beat the oncoming train. The state Transportation Secretary, Tony Tata, says that drivers need to understand that it’s far better to wait a few minutes than to never arrive at all.

Speeding Truck Driver Leaves Man Dead On North Carolina Highway :: Personal Injury Attorneys and Lawyers in Charlotte, NC

May 9, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

A terrible accident on wet North Carolina roads left an innocent motorist dead earlier this month. Officials with the state highway patrol say that a truck driver, Hiep Truong, 45, was driving more than 15 miles per hour over the posted speed limit when he lost control of his tractor-trailer on wet, Winston-Salem roads.

Authorities say Truong was driving a produce vehicle for a Charlotte, NC company at the time of the wreck. The accident took place on U.S. 52 a little before afternoon rush hour. Police say it was pouring down rain at the time of the accident and the driver’s speed combined dangerously with the already slick roads.

According to emergency responders, the tractor-trailer was going more than 70 miles per hour in the rain near the Clemmonsville Road exit on 52 when the truck lost traction. At that point, the semi went out of control, crossing over the median and crashing head-on into an oncoming 2008 Chevrolet Impala. The Chevy was driven by Kenneth Baum, who was ejected from the car and died at the scene of the accident.

Police say that the truck continued moving south in the northbound lanes of 52 after striking the Chevy, hitting two more vehicles before finally rolling over onto its right side. Truong collided with a 2006 Ford and a 2009 Mazda, sending a shower of broken pieces of concrete onto several other vehicles. Thankfully none of the occupants in the other cars were injured in the terrible accident. Traffic along U.S. 52 was backed up for hours after.

Families In Deadly Charlotte Drag Racing Awarded $6 Million From Subdivision Developer :: Personal Injury Attorneys and Lawyers in Charlotte, NC

April 30, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

A recent article in the Charlotte Observer discussed the tragic case of the 2009 accident that left a Winthrop University professor, her two-year-old daughter and an unrelated 13-year-old boy dead.

The accident happened one evening back in April of 2009 when the professor, Cynthia Furr, pulled out into a N.C. 49 intersection. What Furr did not realize is that a Mitsubishi Eclipse that had been street racing another vehicle was currently speeding down the road at more than 100 miles per hour. The Eclipse rear-ended Furr, killing her and her young daughter. The crash also left the passenger in the Eclipse dead.

The two 20-somethings who were drag racing have since been charged and are now serving terms in prison for their actions that night. After the criminal trials were over, the families of Furr and the 13-year-old turned their attention to a developer, Crescent Resources, that had promised but failed to install a stop light at the very intersection where Furr was killed.

Back in 2006, Crescent agreed to install a traffic light at the intersection of N.C. 49 and Riverpointe Drive in exchange for zoning approval to construct a large subdivision in the area. Rather than do as it said, the developer dragged its feet, arguing that the traffic volume in the area was not great enough to justify a light. The plaintiffs argued that had there been a light at the intersection, Furr would never have pulled out into oncoming traffic and the driver of the Eclipse would not have had the opportunity to race for so long or build up so much speed.