Charlotte Injury Lawyers Blog

No Headlights At Night Lead To Accident in North Carolina :: Car Wreck Attorneys in Charlotte, North Carolina

February 22, 2013 | AS Personal Injury Lawyers

A terrible accident took place in Newport, North Carolina a few weeks ago that resulted in several people being taken to the hospital for treatment of their injuries. The two vehicle crash took place early one evening and is being blamed on one driver’s failure to turn on her headlights.

Police say they have charged the one driver with failure to burn her headlights and to properly inflate her tires. The woman was driving her car, an older model Pontiac, west on Highway 70 in Newport, NC with only her parking lights on. It was then that a van making a left turn onto Highway 70 crashed into the Pontiac. Five people were taken to a local hospital for treatment of non-life-threatening injuries, while emergency responders at the scene treated a sixth person.

In a normal accident that unfolds in this way, many might think that the car that turned left onto Highway 70 and thus into the path of the Pontiac would be at fault since it did not respect the right of way of the oncoming vehicle. However, the driver of the Pontiac did not have her headlights on which meant she is being held liable for the terrible accident.

North Carolina General Statutes § 20-131 is very clear on the requirement for drivers to keep their headlights on. The language of the law reads:

The headlamps of motor vehicles shall be so constructed, arranged, and adjusted that, except as provided in subsection (c) of this section, they will at all times mentioned in G.S. 20 129, and under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly discernible a person 200 feet ahead.

Injured NASCAR Fans Look For Legal Representation :: Personal Injury Lawyers and Attorneys in Charlotte, North Carolina

February 19, 2013 | AS Personal Injury Lawyers

Several of the fans injured in the recent NASCAR Nationwide Race in Dayton have retained lawyers to ensure that they are compensated for the injuries they sustained in the fiery accident.

The crash took place during the February 23rd Nationwide Series race at Daytona. At least 28 people were injured when a section of Kyle Larson’s car went airborne and overshot the catch fence designed to protect spectators from harm. Flaming debris then went flying into the front-stretch stands during the last lap of the race; sending a few dozen people to the hospital for treatment.

Some injuries were relatively minor, with only scrapes and small cuts. Others were much more serious, so serious in fact that two people remain in the Daytona Beach Halifax Health Hospital today, weeks after the crash. The two remaining patients were injured after being hit by Kyle Larson’s tire and each suffered what were initially life-threatening injuries.

One man from North Carolina was injured in the NASCAR crash. The man, from Angier, NC, was taken to a Daytona hospital to receive medical after suffering from cuts to his face and body. The cuts were deep enough that he had to receive 12 stitches in his head. He’s now back home recovering from his wounds.

Some legal experts interviewed by USA Today are saying that NASCAR could face liability for the accident, despite issuing tickets that say spectators assume the risk of any injuries. Some have said that a strong case could be made that the organization could have done more to prevent these injuries from occurring by using a stronger fence or better assembling it to hold up to the force of a crash.

North Carolina Court of Appeals Says Employer Responsible For Worker Injured During Lunch Break :: Workers’ Compensation Lawyers and Attorneys in Charlotte, Mecklenburg County, NC

February 14, 2013 | AS Personal Injury Lawyers

A recent case before the North Carolina Court of Appeals dealt with what happens when a employee is injured while on premises controlled by an employer but while out on a lunch break and engaged in a personal activity.

The case, Mintz v. Verizon Wireless, involved a customer service representative for Verizon who worked on the second floor of an office building. Verizon did not own the building, only leasing a portion of the office space, and was one of several tenants. The woman was required to take a half hour lunch each day, during which time she liked to walk along the halls for exercise, especially those on first floor.

One day, after walking for close to 30 minutes, the woman went into a bathroom on the first floor. After she was done and about to walk out the door to head to her cubicle, she slipped and fell on a piece of ice that had fallen out of an ice machine situated near the bathroom door. When she fell, she hit the ground hard and seriously injured her knee. The woman had a history of knee problems and had even had surgery on that same knee five years before. After going to get medical treatment, her doctor determined that the fall had seriously aggravated the already bad arthritis in her knee.

The North Carolina Court of Appeals, upon hearing the case, decided that the woman was entitled to benefits related to her fall. The Appeals Court said that the woman’s injury occurred as a result of her employment. Though Verizon may not have owned the building or even occupied the floor the woman was walking on, she was injured due to a condition in a common area of the building; a space the court determined was part of her workplace. The Court justified this decision by saying that Verizon specifically encouraged employees to go to the first floor of the building given that was where the communal cafeteria was located.

The Court of Appeals ruled against Verizon, dismissing their argument that the injury did not take place during the course of the woman’s employment. The Court made clear that Verizon was a major tenant in the building and that this allowed them to essentially control the premises. The fact that she was injured on a different floor did not matter given that she was returning to her desk after a paid, and mandated, break.

The Problem With Secret Settlements :: Personal Injury Lawyers and Attorneys in Charlotte, Mecklenburg County, NC

February 12, 2013 | AS Personal Injury Lawyers

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Everyone’s heard of confidentiality agreements; those documents you sign agreeing not to disclose certain important bits of information. What people may not realize is just how often such confidentiality agreements are employed in North Carolina to keep critical information regarding medical malpractice or dangerous devices or drugs from going public.

The agreements, which help ensure that settlement stay secret, often only work to the benefit of the doctor, hospital or manufacturer responsible for causing devastating harm. The victim of the negligence receives next to no benefit from such agreements. Even more disturbing is how they can be used to shield the public from important information about dangerous practices or products.

A recent case involving a North Carolina mother who’s young son died due to negligence among the hospital staff where he was taken after falling ill highlights just how rarely such cases make news. The woman was told to sign a confidentiality agreement to receive her settlement and that the whole case would go away if she did. She refused, saying she wanted the public to know about the medical safety issues that led to her son’s death.

The mother’s decision to speak out and not sign the confidentiality agreement is very rare. The majority of such lawsuits in North Carolina end with the victim signing an agreement promising not to reveal important information in exchange for a set amount of money.

The danger of this approach is that, for example, in the case of a defective product, if all those injured sign a confidentiality agreement and the company is able to settle the cases quietly, then the public will never be made aware of the problems associated with the dangerous product, depriving other potential future victims of the chance to safeguard their families.

A real world example of this is the case of the faulty Firestone tires. Years before the nationwide recall was announced, the company began settling cases involving the failing tires on Ford SUVs and made sure each plaintiff signed confidentiality agreements. These dangers were thus not revealed until much later, something that experts say led to 270 additional deaths.

Charlotte Launches Campaign To Protect Pedestrians :: Personal Injury Law Firms Attorneys and Lawyers in Charlotte, NC

February 7, 2013 | AS Personal Injury Lawyers

According to a recent report by WBTV, pedestrians in Charlotte might have some good news in terms of safety. That’s because the city has announced the start of a new program designed to make sidewalks in Charlotte safer for those on foot.

The campaign was started after joggers, disabled citizens and those walking to work and school voiced complaints with the city about the lack of safety for pedestrians. The complaints began after a string of traffic crashes were reported last year involving pedestrians. The accidents were bad enough that two resulted in fatalities for innocent pedestrians.

Last year a terrible accident crystalized some of the problems seen in Charlotte that are caused by overly crowded sidewalks. A student at Myers Park High School was riding his bike when he tried to avoid a garbage can that had been placed on a sidewalk. When he swerved to avoid the can he fell off his bike into the street where he was hit and killed by a passing vehicle.

Number Of ER Visits Related To Energy Drinks Doubles In Four Years :: Personal Injury Law Firms in Charlotte, North Carolina

February 5, 2013 | AS Personal Injury Lawyers

According to recently released data from the U.S. Substance Abuse and Mental Health Services Administration, the recent surge in popularity of energy drinks have led to a corresponding surge in emergency room visits. The popularity of the caffeinated drinks caused the number of ER visits associated with consumption of the beverages to double between 2007 and 2011.

The typical person affected by the energy drinks was unsurprisingly a teenager or young adult. People between the ages of 18 and 25 accounted for most of those admitted to emergency rooms. The next largest group was those between 26 and 39. Alarming to some researchers was the boom in admittances associated with those over the age of 40. ER visits by those older than 40 increased by a massive 279 percent during those four years, from 1,400 to 5,200 ER.

Males were more likely to be admitted for problems associated with the energy drinks, with men accounting for two-thirds of ER visits during that four-year span. Despite this, the number of women admitted after consuming energy drinks doubled during the same time span, indicating a steep rise in female interest in the drinks.

Data showed that while a little over 40% of the ER visits involved energy drinks mixed with other substances, the majority, 58%, were for energy drinks alone. Of those instances involving other substances, alcohol was the most commonly seen. After that, prescription drugs such as Ritalin and Adderall were also found.

The problem with energy drinks is the vast amount of caffeine and other stimulants contained in the beverages. Caffeine acts as a stimulant to both the cardiovascular and central nervous system. This means that the drinks can cause a major increase in heart rates and drive up blood pressure to dangerous levels in certain cases. According to one cardiologist, for those with underlying heart conditions, the drinks can quite literally be deadly.

State Auditor Slams North Carolina Industrial Commission For Failures To Protect Workers :: Workers’ Comp Lawyers and Attorneys in Charlotte, N.C.

January 31, 2013 | AS Personal Injury Lawyers

According to a recently released report by the North Carolina State Auditor, the state’s Industrial Commission has failed to fulfill its primary role of ensuring that employers carry insurance to cover potentially injured workers.

State Auditor Beth Woods released a report holding the North Carolina Industrial Commission accountable for not doing enough to track those companies that refuse to provide proper insurance to cover their workers. This failure on the part of the Commission and employers exposes workers to possibly being without money in the event they suffer injuries on the job and miss work. It also means that injured workers could be left with enormous medical bills because their employers flouted the law and were never properly insured.

The report revealed that vulnerable employees almost never realize they are at risk until it’s too late. Most employees only discover their employer lacks proper insurance in the event of an injury after an employee files a claim for compensation. The Industrial Commission has fallen down on the job by not implementing procedures that identify these noncompliant employers until after the employee has already been injured.

The report further revealed that a whopping 11,000 businesses across North Carolina either canceled their insurance coverage or let it lapse during the previous year. Another frightening statistic indicated that as many as 30,000 employers that are required to carry insurance for their workers do not. North Carolina law currently mandates that all companies with at least three workers have insurance to cover the medical bills of any employees hurt on the job. There are exceptions for some railroad workers, domestic employees, farm laborers and federal government employees.

The Auditor’s report also faulted the Industrial Commission for failing to aggressively punish those employers who are noncompliant with insurance. The report said that the companies who fail to follow the law are rarely given harsh financial penalties for their actions and when they are, only a fraction of the assessed penalties are ever actually collected.

Auto Deaths Rise In 2012 For First Time In Eight Years :: Personal Injury Lawyers and Attorneys in Charlotte, North Caroilna

January 29, 2013 | AS Personal Injury Lawyers

According to statistics released by the National Safety Council, the number of traffic deaths across the country increased by around 5% last year. Tragically, the increase in traffic deaths would make for the first time the number of road fatalities has increased in eight years.

The group said that last year 36,200 people died in auto accidents on the nation’s roadways. The number of people injured enough in such accidents to require medical attention also rose by a corresponding 5%, reaching an astonishing 3.9 million people. The financial toll of auto accidents is also significant, with billions wasted in lost wages, lost productivity, hospital bills and property damage. The estimate was that in 2012, expenses associated with auto accidents rose to $276.6 billion.

These numbers are slightly better than the ones released by the National Highway Traffic Safety Administration in December. Those numbers showed that for the first nine moths of 2012, traffic deaths had risen 7.1%. This 7.1% increase was the largest increase in traffic fatalities since 1975; the year the NHTSA began collecting such data.

The National Safety Council has pointed to an increase in teen driving deaths and deaths due to distracted driving as being partially to blame for the increase in road deaths. The organization says it must be a priority by Congress and state legislatures to address such safety issues to ensure that 2013 does not see a similar increase in road deaths.

New Crosswalk System In North Carolina Aims To Reduce Pedestrian Deaths :: Personal Injury Attorneys and Lawyers in Charlotte, North Carolina

January 24, 2013 | AS Personal Injury Lawyers

According to a recent report out of Raleigh, NC, pedestrians can expect some changes the next time they try to cross the street. One stretch of Hillsborough Street, a busy road through the Research Triangle, along with a few other heavily trafficked roads, now have newly installed buttons that clearly say “Wait” before it’s time to cross rather than the typical chirping crosswalk signs.

Safety experts say the changes are being made to help reduce instances of distracted walking. Experts are hoping that the crystal clear message on the crosswalk signs helps pedestrians pay closer attention before they cross the street. The different speed beeping noises previously used at the intersection did little to prevent occasional jaywalking. The hope is the new crosswalk system will help pedestrians stop putting themselves in danger by ignoring crosswalks or walking while being absorbed by other technology.

The changes have been implemented in the Research Triangle given its reputation as a notoriously dangerous place for pedestrians. According to a recent report, 400 pedestrians are hit and injured by drivers in the Triangle each year. Wake County manages to rank second in the state for the number of collisions each year involving pedestrians. First place, sadly, belongs to Mecklenburg County.

The new crosswalks are part of a campaign launched late last year called “Watch For Me NC” which is so far focused on communities in the Triangle area. The program works with the National Highway Traffic Safety Administration to help reduce the number of pedestrian injuries.

Distracted Driver Causes Massive Pileup on I-485 :: Automobile Accident Lawyers and Attorneys in Charlotte, North Carolina

January 22, 2013 | AS Personal Injury Lawyers

A terrible accident on I-485 last week left five people injured after a tractor-trailer carrying a mobile home crashed into other nearby vehicles. The accident happened just after noon on the I-485 inner loop just past Providence Road.

The Charlotte Fire Department said they were dispatched to the scene to save a person who was trapped in a car. All of the five people injured were taken to the CMC Main Hospital for treatment, three of whom were treated for life-threatening injuries.

An interview conducted by WCNC of several of the victims in the crash revealed that one survivor is suffering from multiple broken ribs, a broken leg and a broken arm. Two others in the same car also had several broken bones and are severely bruised. Despite the terrible injuries, they say they count themselves as lucky just to have survived.

One of the vehicles involved in the crash was a Toyota Prius that was following behind the semi acting as a pilot car. The driver says the crew had just pulled off the interstate to fix some plastic wrapping on the mobile home that had come loose. As they were stopped on the side of the interstate out of nowhere the Prius was smashed into by an SUV driver going at least 65 miles per hour along the shoulder of the road. Evidently the driver was attempting to program his GPS and had drifted out of the lane of traffic, not paying attention. The Prius was hit so hard that the front end was smashed into the back of the mobile home and the back end was smashed into the SUV.