Articles Posted in Wrongful Death

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.

Street Markings Charlotte North Carolina Personal Injury Wrongful Death Attorney Lawyer.jpgThe 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.

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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 in February of last year that left two Charlotte, NC brothers dead moved to a courtroom this week as the driver of the delivery truck testified about his actions that terrible morning.

The driver, Dirk Jerome Brown, told a Charlotte judge earlier this week that he was not distracted the morning of February 22, 2012 as he was on his way to his first delivery of the morning. Brown said that he had just picked up his co-worker and was heading to Rock Hill when he approached the intersection of W. Tyvola Road and Shady Lane.

Brown claimed that he was looking in his mirrors and made sure that everything was clear before he made his turn. Sadly, his turn was not clear and Brown has since been charged with two counts of misdemeanor death by vehicle after running over one-year-old and five-year-old brothers. The two boys were walking with their sister and father on their way to daycare along the shoulder of the road prior to the accident. Car Tire Charlotte North Carolina Personal Injury Wrongful Death Attorney Lawyer.jpg

Brown testified that he made a wide turn and then heard screaming and noticed the children on the ground. Authorities have said an investigation revealed that the tire of Brown’s truck clipped the shoulder of the road which is what killed the two young boys. A witness also testified that the driver did not make a wide turn and had far more room to turn more broadly then he did.

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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?”

In a tragic case out of North Carolina, a first grade girl was killed after being hit by a log truck driven by a drunk driver who illegally attempted to pass a stopped school bus. The fatal accident took place last Tuesday afternoon as a bus from Sampson County pulled up to a stop along Highway 421.

Police say around 3:45 p.m. the school bus was headed south on Highway 421 with the log truck some distance behind. After arriving at the scheduled stop, the bus came to a complete stop and activated its emergency alert, the stop sign swung out and the lights flashed. Then seven-year-old Alyiah McKenzie Morgan stepped off the bus and was hit by the log truck driven by Johnny Allen Spell.
Logging Truck Charlotte North Carolina Personal Injury Attorney Lawyer.jpgWitnesses have said that the driver of the truck slowed down slightly, but never came to a complete stop and then sped around the stopped bus. Not only did the driver break the law by passing a stopped school bus, but he then compounded his legal troubles by fleeing the scene of the accident.

Police say an anonymous tip led to Spell’s eventual capture. The man was arrested several hours after the crash in Autryville, approximately 35 miles away from where the accident took place. Spell has since been charged with felony passing a stopped school bus, felony hit and run, DWI, DWI while operating a commercial motor vehicle and involuntary manslaughter. Spell remains behind bars on $200,000 bond.

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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 charter bus accident in Virginia left one person dead and multiple people injured, including a couple from North Carolina. Authorities in Norfolk, VA say that the woman, Theresa Watson, is improving after suffering serious injuries. A spokesperson with the Norfolk General Hospital have said that Watson has now been upgraded to fair condition after initially being classified as in critical condition.

Tragically for Watson, her husband, Doval Emmanuel Watson, was killed after being ejected from the bus. The couple, from Chapel Hill, was on the bus to go on a college tour at Hampton University.

Personal Injury Attorney Lawyer Charlotte North Carolina.jpgPolice have said that the accident occurred when the driver lost control and the bus ran off the road and overturned in a ditch. Police have charged the 62-year-old driver, Larry Brocks, with reckless driving. The bus was owned and operated by a Washington-based company, Horizon Coach Lines.
Sadly, fatal charter bus accidents are not uncommon occurrences. Instead, accidents involving such large buses are frequently deadly because of the number of passengers onboard and secondly, because they do not have the safety features of passenger vehicles. Charter buses almost never have things like airbags and seatbelts, features that are standard on even the most basic passenger cars. This means that passengers are unprotected in the event of a crash and can be thrown from their seats, like the man in this case, which can lead to severe injuries, permanent disabilities and even death.

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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?”

In a horrifying bit of news, a pilot in Missouri was found to be the first to have been involved in a texting while flying related crash. An investigation recently conducted by the U.S. National Transportation Safety Board (NTSB) found that texting by a pilot before and during a medical helicopter flight led to the ensuing accident.

Investigators with the NTSB said the pilot’s texting started the flight off on the wrong foot when his distraction led him to take off without sufficient fuel. Later in the flight, the helicopter’s engine died as he announced that there was no more fuel in the aircraft. The crash, which occurred on August 26, 2011, killed a patient being transported from one hospital to another.

The accident and its results are being taken seriously enough that the NTSB has issued a formal warning to all pilots about the dangers that distraction from technology can pose to flight safety. The NTSB Chairman said that the issue of distraction is a serious one regardless of the mode of transportation involved. Helicopter Charlotte North Carolina Personal Injury Wrongful Death Law Firm Lawyer Attorney.jpg

The investigation surrounding this flight found that the pilot of the helicopter had sent and received at least 240 texts during his shift the day of the accident. Twenty of these text messages were sent and received immediately prior to and during the crash, all to a coworker he was planning to have dinner with.

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Attorney Matthew R. Arnold answering the question: “I have been injured on another person’s property. What should I do now?”

A 22-year-old mechanic from Lexington, NC was killed last week after a tractor-trailer fell on top of him while working at JRJ Trucking in Thomasville. According to Davidson County Emergency Services, the accident was reported just before 6 p.m. last Monday.

The worker, Paul Peterson, was pronounced dead at the scene of the accident according to the county’s medical examiner. Peterson was working under the front end of the tractor-trailer when it collapsed on top of him and pinned him. A coworker was nearby when the accident happened and rushed to call 911. Police say that other workers in the facility came to help Peterson but that everything happened so quickly and the truck was so heavy that they were not able to extricate him before emergency crews arrived.

Tractor Trailer Charlotte North Carolina Personal Injury Wrongful Death Attorney Lawyer.jpgThe North Carolina Department of Labor has announced that it is launching an investigation into Peterson’s death and so far does not know exactly what caused the tractor-trailer to fall on top of the young man. Such investigations are standard procedure when there has been a death in a workplace. The DOL will investigate to see if the company, JRJ Trucking, violated any of the state’s occupational safety and health standards and if such violations might have led to Peterson’s tragic accident.

The DOL has said that complete results from the investigation could take between three and four months. Preliminary results show that a jack that was being used to hold up the semi truck gave way. The DOL does not yet know whether the jack that was being used met the required specifications for use with a tractor-trailer.

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Fireworks.jpgGiven that June is National Fireworks Safety Month now’s a good time to take a minute and discuss some of the danger associated with the bright lights seen by many at July 4th displays. Though there are many varieties of fireworks which can be purchased legally, this doesn’t mean they are risk free. According to one study by the U.S. Fire Administration, at least 92% of all fireworks-related injuries each year are caused by such legally purchased fireworks.

Those at most risk for injury are, perhaps unsurprisingly, young children. Children under the age of 15 are at the highest risk for fireworks-related injuries. Their love of the bright lights and loud noises attracts them but they are often too young to understand they danger they represent. Even seemingly safe hand-held fireworks can cause serious harm as some sparklers can reach temperatures of 2,000 degrees Fahrenheit, hot enough to melt copper. For children under the age of five, sparklers accounted for the largest number of estimated injuries, 36 percent of the total injuries in that age group.

During the 30 days surrounding July 4 last year, fireworks sent about 1,900 injured consumers to emergency rooms. The Consumer Product Safety Commission’s statistics show that in 2010 about 8,600 consumers ended up in hospital emergency rooms due to injuries involving fireworks. In 2011, 9,600 people were treated in emergency departments for similar injuries, an increase of 1,000 injuries in just one year. The CPSC’s annual death and injury report on fireworks, reports of three fatalities related to fireworks were received last year.

The part of the body most often injured are hands and fingers (estimated 2,900 injuries), eyes (1,100 injuries), head, face, and ears (1,100 injuries), and legs (700 injuries). The products that cause the most harm include sparklers (1,100), firecrackers (800), and bottle rockets (300). The major causes of injuries are due to delayed or early fireworks explosions, bottle rockets that go off course, falling debris from exploding fireworks and mishandling sparklers.

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Danger Sign.jpgRecent figures from USA Today show that there is concern among manufacturers and regulators that consumers have grown tired of the constant recall notices arriving in their mailboxes. The increased numbers of recalls, while a good thing, is causing consumers to be exhausted and ignore some notices, possibly to their detriment. Last year alone there were some 2,363 product recalls in consumer products, medical devices, drugs and food. This number represents an increase of 14% from just a year before.

While the increased number of recalls is good in terms of notifying consumers of potential dangers, it creates a worry that consumers will tire of the repeated warnings, perhaps not taking them as seriously. Mike Rozembajgier, the VP of recalls at Stericycle ExpertRecall, said, “We’re experiencing recall fatigue in my mind at the consumer level and also perhaps at the business level, and we all have to worry about that.”

The problem is that if consumers are not paying attention to recalls then they become ineffective. The regulators then must come up with new ways to warn consumers about dangerous products that will somehow break through. As a result, consumer protection agencies are trying to vary the methods that they are using to contact consumers. Social media sites like Twitter and Facebook are now being used by government agencies to get the word out about potential recalls rather than simply mailing notices which are more easily discarded as junk mail. Authorities are not giving up on the more traditional means of contact like telephone calls.

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Bicycle.jpgRecently, WCNC.com reported on the tragic death of a young man killed while riding his bike to school. No child deserves to have his or her life cut short due to such an unfortunate tragedy.

Tragedy does not even begin to describe what happened to 14-year old, Drew Wright. Wright was a freshman at Myers Park High School in Charlotte. On Tuesday, May 26, 2012, Wright was riding his bike down the sidewalk on his way to school. In this part of the city, trash pickup occurs on Tuesdays. As he was riding down the sidewalk, Wright swerved to avoid hitting a trashcan that had been set out for the sanitation workers to empty on their morning run. Wright, however, lost control of his bike, wobbled a little, and fell over into the middle of the street. He was hit by a US Foods truck on Sharon Lane, near Providence Road. Wright later died from his injuries. He was not wearing a helmet at the time of the accident.

The police have said that no charges will be filed against the driver of the truck. This was nothing more than a tragic accident, but this is an opportunity for all of us to take a step back and begin to rethink bicycle safety. While most teenagers are driving to school by the time the turn 16, there are still a few who choose to ride their bikes to and from school. Parents should work diligently to keep their children safe even while they are riding their bicycles on sidewalks. Wearing a helmet is critical to proper bicycle safety. Head injuries are extremely serious and in this case, fatal.

In addition, some responsibility rests on the drivers of our communities who ride past children on bicycles. Children are impulsive and quick to react without thinking. Therefore, it is the responsibility of the drivers to keep a watchful eye on those bicycle riders and drive slowly so as to avoid hitting a child that may have made a quick maneuver in front of you. While nothing in this report says how fast the US Food truck driver was going at the time, or how close he was to Wright when he fell in the roadway, it is possible that if he had been going slower, he would have either avoided hitting Wright altogether, or he would have done less damage because the impact would have been less severe.

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crashed car.jpgAccording 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.

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