Charlotte Injury Lawyers Blog

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.

Charlotte, NC Driver Charged After Rush Hour Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 13, 2013 | AS Personal Injury Lawyers

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.

Head-On Accident In Charlotte Leaves One Dead And Two Others Injured :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 11, 2013 | AS Personal Injury Lawyers

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

Just last week one person died and two others were killed in a tragic accident on the north side of Charlotte. According to a spokesperson with the Charlotte-Mecklenburg Police Department, a 19-year-old woman was driving a 1996 Ford Mustang when she collided with an oncoming 1994 Chrysler Lebaron. The accident took place on the 8300 block of Beatties Ford Road around 9 a.m.

Investigators say that they are still trying to reconstruct the accident, but it appears as if the driver of the Mustang drove her car over the centerline and into oncoming traffic, hitting the Chrysler directly head-on. Police say they still do not know what may have led the driver to drift out of her lane, but are looking into various possibilities including distracted driving. Authorities say they are able to rule out alcohol, but continue to pursue other leads.

When emergency medical responders arrived at the accident scene they pronounced the passenger in the Chrysler dead. The driver of the Chrysler was taken by ambulance to Carolina’s Medical Center for treatment of life-threatening injuries. The teenage driver of the Mustang was taken to Carolina’s Medical Center by helicopter given the severity of her injuries.

Police say that once the driver of the Mustang is released from the hospital they will arrest and charge her with misdemeanor death by vehicle.

North Carolina Legislature Moves Towards Speed Limit Increase :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 6, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if the medical condition improves before the hearing?”

The North Carolina legislature is moving ahead with a plan that would allow some state highways to increase speed limits to 75 miles per hour.

The House Transportation Committee voted earlier this week to allow the bill from the Senate to move forward. The legislation would permit the Department of Transportation to set speed limits higher than the current 70 mile per hour limit on some sections of interstate and highway. The legislation says that only those sections that engineers deem capable of handling the higher speed will be changed.

Though specific segments of road were not named in the bill, the committee members in the House discussed certain rural stretches of I-40 in eastern North Carolina. If the bill is passed, North Carolina would become the second state on the East Coast to have a speed limit of 75 miles per hour on certain highways in the state.

The bill has already passed the full Senate and now that it has moved through the House Transportation Committee the next stop will be the full House floor. Though the legislation did pass the committee, some legislators have expressed concern about whether the measure might lead to increase highway accidents and thus increased traffic fatalities.

The current maximum speed limit on North Carolina highways is 70 miles per hour. Some safety advocates worry that increasing the speed limit to 75 miles per hour could create a serious safety hazard since most drivers tend to travel faster than the speed limit posted on highways. They argue that if the state increases the speed limit, it will mean that drivers will be driving even faster than they already do, increasing the risk of being in a potentially deadly car accident.

Two North Carolina Construction Workers Injured In Cary, NC :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 4, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Can my employer fire me because I filed a workers’ compensation claim?”

A construction accident in Cary, North Carolina left two workers seriously injured and regulators launching an investigation into the safety of the construction site. The accident took place on the 6100 block of Tryon Road in Cary, NC.

Police say that at the time of the accident a truck was being used to pour concrete onto a proposed greenway track. Witnesses say that a little before 7:30 in the morning the concrete pumping truck toppled over. Investigators say it is not clear what might have caused the accident, but they believe it might have something to do with the support arms of the truck. Authorities say that the support arms of the concrete pumping truck appeared to have sunk into the soft ground in front of it, which caused the truck to come unbalanced.

The machinery is owned by Concrete & Material Placement, a company located in Charlotte. Authorities say that two construction workers were injured due to the truck toppling over. One worker was knocked off a wall by the fall support arm while another man had his torso stuck between two sections of metal. Both workers were transported to WakeMed for treatment of their injuries.

Working on a construction site is one of the most dangerous jobs in the U.S. Every year the construction industry in North Carolina sees a large number of workplace deaths. Thankfully this case did not end so tragically, though the two men did suffer serious injuries that will take time to recover from.

Young Boy Asphyxiates In Same North Carolina Motel Room As Elderly Couple, Police Blame Carbon Monoxide :: Personal Injury Attorneys and Lawyers in Charlotte, NC

May 30, 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?”

A deadly incident of carbon monoxide poisoning is likely to blame for the recent death of an 11-year-old boy at a Boone, North Carolina motel room. Investigators say they believe the death may also be linked to the deaths of a couple found inside the exact same motel room several months ago.

Police say they found carbon monoxide in the room where the 11-year-old was staying over the weekend. A preliminary autopsy has shown that the boy died of asphyxia, a common cause of death when toxic gases cut off oxygen to the rest of the body. Officials with the medical examiner’s office say that they will run toxicology tests to determine exactly what was in the boy’s body at the time of his death.

The 11-year-old’s mother, Jeannie Williams, was also seriously injured and rushed to the hospital for treatment of carbon monoxide poisoning. Police say the mother survived and is now recovering from her injuries.

Back in April, a couple from Washington State was found dead in the same room. Toxicology results have since confirmed that the two died of carbon monoxide poisoning. A spokesperson with the Boone Police Department says that investigators noticed the room is located very close to an indoor pool that is heated by a natural gas heater. Though the department is not willing to say officially that this was the cause of the carbon monoxide, it is one possible answer.

North Carolina Nursing Home Penalized After Ignoring Patient’s Deadly Fall :: Personal Injury Attorneys and Lawyers in Charlotte, NC

May 28, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What information will be helpful for my nursing home negligence claim?”

A nursing home located in High Point, NC has been sanctioned by officials with the state Department of Health and Human Services according to a recently released report. State officials say that the facility failed to properly respond to a dangerous fall by a resident, which eventually led to the patient’s death.

Investigators with the HHS Department cited the nursing home, Westchester Manor at Providence Place, after it was discovered that the staff at the facility never bothered to notify a doctor that a resident had fallen and seriously injured her head. The head trauma ultimately proved fatal.

The NC Department of HHS recommended that the federal government order the home pay $10,000 in fines for breaching its duty owed to the injured patient. Westchester Manor is also required to come up with a plan of action to correct the deficiencies which led to the deadly error in the first place. The home is also prevented from taking on any new patients until it is found to be in substantial compliance with nursing home regulations.

The specific incident involved an elderly woman who was admitted to Westchester Manor in early February for rehabilitation following a stroke. The woman suffered from other health conditions including dementia. Only a month after being admitted, the woman was found on the floor of her room by a nurse who noted that she had hit the back of her head while attempting to take herself to the bathroom. Nurses noticed a big bump on the back of the woman’s head and claim they intended to notify a doctor about the fall, something investigators say never happened.

Charlotte Driver Charged In Deadly Tractor-Trailer Wreck :: Personal Injury Attorneys and Lawyers in Charlotte, NC

May 23, 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?”

Police in Winston-Salem say they have filed charges against a driver from Charlotte, NC after a deadly tractor-trailer accident on U.S. Highway 52 occurred earlier last month. Officers say they issued a warrant for Hiep Tan Truong’s arrest on Monday.

Authorities say Truong lost control of his commercial vehicle on U.S. 52 at the beginning of May and drove into a concrete median. The accident set off a chain reaction of collisions that involved four other vehicles and left several injured and one man dead.

Police say that Truong was driving his box truck at more than 15 miles per hour above the speed limit in the midst of a downpour. After hitting an oncoming car head-on, the truck continued and crashed into two more vehicles before finally overturning.

Police say Kenneth Leroy Baum was thrown from his Chevy Impala and died as a result of the accident. Truong was charged with misdemeanor death by motor vehicle for his actions that morning and is being held under a $5,000 unsecured bond. Truong is not set to appear in court until June 24th.

Driver In Deadly Boating Accident Charged With Involuntary Manslaughter :: Personal Injury Attorneys and Lawyers in Charlotte, NC

May 21, 2013 | AS Personal Injury Lawyers

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

The driver of the boat responsible for a deadly accident over Memorial Day weekend that left a pregnant woman and her three-year-old son dead has ben charged. Police say that the driver, Michael Lynn Greene of McLeansville, was arrested earlier this week and charged with involuntary manslaughter.

According to prosecutors, Greene was arrested and charged on Monday and given a $50,000 secured bond and a court date in July. Davidson County District Attorney Garry Frank says that authorities do not believe alcohol was a factor in the deadly accident but that did not stop his office from pressing charges.

The terrible accident happened on the busy holiday weekend when Greene was crashed his speedboat into a slow moving pontoon boat. The accident occurred in Swearing Creek, a small cove off of High Rock Lake. The pontoon boat was heading downstream slowly and had three adults and a child on board at the time of the accident. Greene was heading upstream with three juvenile passengers at high speeds when he crashed into the pontoon boat.