Charlotte Injury Lawyers Blog

North Carolina State Fair Accident Results In Formal Indictment

December 26, 2013 | AS Personal Injury Lawyers

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

Two men that authorities say were involved in the recent ride malfunction at the North Carolina State Fair that sent five people to the hospital with serious injuries were formally indicted this past week. Wake County, NC’s District Attorney Colon Willoughby announced that the ride’s operator and the son of the owners of the ride were both charged in connection with the terrible October accident.

The original incident occurred on the night of October 24th when one of the Vortex rides at the State Fair malfunctioned. Authorities say the ride restarted itself as riders were disembarking. This sent several people flying through the air, falling as much as 30 feet, including a family of three.

The operator of the Vortex, Tim Tutterrow, has been accused of tampering with the ride and now faces three counts of felony assault with a deadly weapon. Investigators say they believe Tutterrow tampered with the Vortex, specifically, that he overrode important safety features that kept the ride from turning on while it was stopped. Officials say they believe Tutterrow did so to keep the ride in business, a crucial shortcut that nearly cost several people their lives.

In addition to Tutterrow, Joshua Macaroni has been charged with identical crimes. Macaroni is the son of the couple that owns the Vortex. Macaroni’s employer, Family Attractions, has issued a statement saying that Macaroni was not involved in the accident and was never even in the state at the time of the incident. As a result, Family Attractions says it does not understand the basis for the charges filed against Macaroni. Wake County’s DA claims that they have good reason to charge Macaroni and will lay out their case later.

North Carolina Worker Killed In Factory Accident :: Mecklenburg County Medical Malpractice Lawyer

December 24, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

Everyone knows that industrial work can be dangerous. The large and powerful machines combine with a host of other potentially dangerous workplace conditions and can lead to disaster in some cases. We hope that employers take action to mitigate these risks, by inspecting machines carefully and providing safety training to workers. Sadly, this does not always happen and innocent workers pay the price.

Police in North Carolina say that a man from Randleman, NC died in a workplace accident late last week. Authorities have revealed that the victim was 61-year-old Martin Soto Rodriguez. Rodriguez was working at the Deep River Dyeing Company at the time of the fatal accident.

Emergency responders say Rodriguez was loading a machine at the dyeing factory when he became tangled in the fabric and was ultimately pulled into the machine. The machine he was loading the fabric into is similar to a washing machine and works by spinning the water out of the fabrics at very high rates of speed.

Rodriguez was pronounced dead at the scene and his family was notified soon thereafter. Officials with the North Carolina Department of Labor say they are investigating Rodriguez’s death and will be looking carefully to ensure that all required safety procedures were followed in the case.

Fake Workplace Shootout Leads To $2,000 Fine From Department of Labor :: North Carolina Injury Lawyer

December 19, 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?”

Several months ago we told you about the Wild West shootout gone awry at the Ghost Town theme park in Maggie Valley, North Carolina. In that case, an employee, Robert Bradley, was hit by a piece of shrapnel from a shotgun blast during what was supposed to be a stunt demonstration for park goers. The incident required Bradley to visit a hospital for medical treatment and led to an investigation into working conditions at the park by the North Carolina Labor Department.

After the accident, Bradley and the other gunslinger involved in the fake fight were fired by Ghost Town. In response to the firing, two other gunfighters walked off the job in protest, claiming that Ghost Town was in the wrong and that there was no reason to fire the two men.

The North Carolina Department of Labor also revealed at the time it was beginning its investigation that there had been a total lack of medical personnel on-site at the time of the accident, something the park is required to provide. The Department of Labor also claims that the first aid available was out of date and that there was no water available to wash the blood off of Bradley’s hands.

The state’s investigation recently concluded and the North Carolina Labor Department decided to fine Ghost Town over the Wild West actor’s injury. Just this week officials with the Labor Department announced a $2,000 fine for the theme park. A spokesperson said the fine was issued because the park failed to provide safe guns for workers.

Young Man Dies After Black Friday Shopping :: Charlotte Personal Injury Lawyer

December 17, 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?”

One tragic North Carolina accident highlights the very real danger of driving while exhausted. Troopers from the North Carolina Highway Patrol have said that a young man died in a single-car accident after a long day of shopping over Black Friday.

According to officials, the Gaston County, NC wreck happened after Patrick Henry Boyd, a 19-year-old from Clover, SC, fell asleep behind the wheel of his 2011 Honda Accord. Investigators say that the group had been shopping all night at Concord Mills and that accident reports indicate that the car was traveling about 50 miles per hour before drifting off of the road. Officials say that there was no evidence that Boyd tried to brake, another strong indication that he had fallen asleep. Emergency responders say there were four other people in the car at the time of the wreck, all of whom were asleep during the crash and all of whom were wearing seatbelts at the time.

The vehicle driven by Boyd ultimately drifted out of its lane and slammed into a sign located at 1901 South Point Road. Two of the passengers were in serious condition following the accident while another two were treated for relatively minor injuries. All four were transported to CaroMont Regional Medical Center in Gastonia.

Police investigators say they have since interviewed other passengers in the car who said that prior to the accident Boyd mentioned how tired he was. The accident serves as tragic reminder that driving while tried can be even more dangerous than driving drunk.

This was confirmed when the National Highway Traffic Safety Administration released a study that found that fatigued driving is one of the leading causes of car accidents in the country. The study concluded that sleepy drivers are responsible for about 20 percent of all car wrecks.

New Numbers Show Decrease In North Carolina Workplace Injury Rates :: Charlotte Injury Lawyer

December 12, 2013 | AS Personal Injury Lawyers

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

New numbers released by the North Carolina Department of Labor show that it has become safer for individuals to work in the state. The DOL numbers revealed that the number of workplace injuries and illnesses dropped to 2.9 per 100 full-time workers in 2012. The number is down from the fairly consistent rate of 3.1 incidents per 100 workers that has been seen for the last few years.

Officials with the state say that not only has the number come down relative to the previous year, but the number is also down substantially from where it was just a little over a decade ago. Back in 1999, the injury/illness rate stood at 5.7 per 100 workers, almost double where it is today. North Carolina has followed a national trend of declining on-the-job injuries, with the high-water mark for most states occurring in 1999. Nationally, the injury rate was 6.3 per every 100 workers and has now fallen to 3.4 incidents per 100.

Experts say that North Carolina’s continual decline in workplace accidents and injuries has occurred because of more stringent state and national laws regulating workplace safety. Aggressive action by OSHA inspectors and their North Carolina equivalents have forced employers to more carefully train workers and better watch over the conditions of their workplaces.

Another development that has helped lower accident rates is participation in workers’ compensation insurance programs. Because businesses must obtain insurance to provide for their workers in the event of an on-the-job accident, they are subjected to increased premiums if insurers believe the employer does not do enough to encourage safety in the workplace. Those companies without good safety programs have to pay higher insurance rates, something that forces companies to consider the impact that poor safety standards can have on their bottom lines.

Speeding Driver Seriously Injures North Carolina Postal Worker :: High Point, Charlotte, Mecklenburg County Lawyer

December 10, 2013 | AS Personal Injury Lawyers

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

Police in High Point, North Carolina reported a terrible accident that occurred late last week when a postal worker was seriously injured after being struck by another vehicle. According to authorities, the accident happened at the intersection of Wise Avenue and Pershing Street just after noon.

Authorities say that the postal worker, whose name has not yet been released, was inside her mail vehicle and was making a U-turn at the intersection when an oncoming vehicle struck her. The other vehicle was a pickup truck, which was heading east on Wise Avenue prior to the crash.

Police officers say that the force of the accident was serious enough that the postal worker was ejected from the vehicle, something that was likely responsible for the severity of her injuries. Emergency responders say the woman was taken to High Point Regional Medical Center and then, as her condition was discovered to be critical, was taken immediately to Wake Forest Medical Center for further treatment.

Police officers say that they have not yet filed charges against the driver of the pickup, but believe that charges could be forthcoming depending on the conclusion of the ongoing accident investigation. Early reports indicate that the driver of the pickup truck was traveling at a very high rate of speed prior to crashing into the postal worker.

Data collected by the National Highway Traffic Safety Administration has revealed that in fatal accidents, speeding is the third leading contributing factor. That means that speeding ranks just after distracted driving and impaired driving as being responsible for thousands of deaths every year. In fact, statistics show that 13,000 lives are lost across the country every year due to speeding.

North Carolina Woman Killed In Walmart Parking Lot Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

December 5, 2013 | AS Personal Injury Lawyers

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

Officers in Statesville, North Carolina say that they will continue an investigation into the case of a woman who died after being run over in a Walmart parking lot earlier this week. Officials with the Statesville Police Department say that the accident happened around 11 a.m. on Monday morning.

Authorities say that a female employee, Tamara Sheppard, was hit by a slow moving pickup truck driven by Jesse Brown. According to eyewitnesses, Sheppard was an employee at Walmart and appeared to be in the parking lot while on-the-job. As Sheppard was walking down an aisle in the parking lot Brown turned a corner to try and grab a parking spot when he collided with her.

Brown was later interviewed about the accident and said that he never saw Sheppard and does not think that she ever saw him. Security cameras show that the accident happened at a very low rate of speed, but the slow speed was not enough to save Sheppard. Brown said that he felt the car hit something and once he did he stopped the car to get out and look. It was then that he saw Sheppard behind the back of his Ford truck.

Emergency responders were called to Walmart to try and assist Sheppard but say that her injuries were too severe. She was airlifted to Carolinas Medical Center in Charlotte where she later died. Officers say that Brown has not yet been charged in connection with the accident and that police are working in connection with the District Attorney to determine if charges are warranted in the case.

Fictitious Slip-And-Fall Case Ends In Fraud Charges :: Personal Injury Attorneys and Lawyers in Charlotte, NC

December 3, 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 man’s attempt to collect some money from the Washington, D.C. metro system ended up backfiring, instead earning him only criminal fraud charges. The incident surrounds Maurice Owens’ staged slip-and-fall inside a Metro subway station.

Initially, Owens told police that he slipped and fell on a banana peel while he was getting off an elevator at a D.C. Metro stop. He then sued the Washington Metropolitan Area Transit Authority for $15,000, hoping to quickly and easily cash in on a simple slip-and-fall claim. Owens claimed in his suit that a janitor had left the peel in the elevator and, as a result, WMATA ought to be responsible for the injuries he suffered as a result of the slip. Owens said that as a result of the fall he suffered serious injuries to his hip and leg and had to be transported to a nearby hospital for evaluation.

Unfortunately for Owens, the case would not prove to be as easy as he had hoped. Officials with D.C. Metro said they located security camera footage in the Potomac Avenue station which clearly shows Owens faking his fall on the banana peel. The footage reveals that prior to Owens walking in, the elevator floor was totally clear. After Owens enters, he is seen looking up at the camera located inside the elevator, then dropping something that had been in his hand on the floor. Immediately thereafter, Owens is shown falling on the item. The object that Owens dropped was later identified as the banana peel.

Owens’ fake slip-and-fall not only did not work out as he had hoped, but has now led to second-degree felony fraud charges. Many wonder whether Owens believed he would really get away with his scam given the multitude of cameras positioned in the area.

Charlotte Woman Latest Injured In North Carolina Amtrak Accidents :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 28, 2013 | AS Personal Injury Lawyers

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

Emergency responders in Charlotte say that a woman is recovering from her injuries after being hit by an Amtrak train in West Charlotte last night. The accident occurred near Charlotte-Douglas International Airport, at a railroad crossing along Old Down Road and Josh Birmingham Parkway.

Police say that the driver of the vehicle accidentally turned onto the tracks, though it is not yet known whether her line of sight was clear prior to making the turn. Witnesses say the oncoming Amtrak train collided with the vehicle, dragging it down the railroad tracks before the train finally came to a stop.

Thankfully the train was not moving very fast at the time and the driver of the car suffered relatively minor injuries. Amtrak officials say 153 passengers were on board the train at the time of the accident, but none suffered anything more serious than a scrape.

The more troubling aspect of the accident according to many safety experts in the state is that the incident marks the third time this month that an Amtrak train has been involved in a collision this month. Earlier this week a pedestrian in Mebane, NC was killed when an Amtrak train hit him. Several weeks before that, a woman from Raleigh died after her vehicle was struck by an oncoming Amtrak train.

Though it sounds like an extraordinary run of train crashes, the reality is that vehicle/train accidents are far from rare. According to statistics gathered by the federal government, there were 2,000 individual accidents at railroad crossings last year. Among this number, 235 people died and 900 people suffered serious injuries.

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.