Charlotte Injury Lawyers Blog

NTSB Says Dangerous Flaw Found in Transport Tanker

September 20, 2012 | AS Personal Injury Lawyers

According to recent reports, for at least the last 20 years, one of the most commonly used types of rail tankers has been allowed to transport hazardous materials across the country, this despite the fact that transportation officials knew of a dangerous design defect. The design flaw all but guarantees that the rail car will tear apart in the event of an accident, thus spilling cargo that could catch fire, explode or harm surrounding residents.

One reason the issue has become more pressing is recent spike in accidents due to the greatly increased demand for ethanol, a highly flammable fuel typically transported by rail. One recent derailment triggered a massive chemical spill and explosion over the summer in Columbus, Ohio. One eyewitness said the resulting explosion was so intense that it looked like the sun had blown up.

The tanker, known as the DOT-111, has a soda-can shape and is one of the most commonly seen cars on rail freight routes. Though the car itself is not the cause of derailments, the National Transportation Safety Board (NTSB) notes that the steel shell is too thin to resist puncture in accidents. Furthermore, the ends of the car are especially vulnerable to tears and the unloading valves and other fittings can break off during rollovers.

The flaws are sadly, nothing new and have been noted since as far back as a 1991 safety study. Tragically, the potential for things to go wrong has also not been newly discovered. A report found that ethanol tankers have been punctured in at least 40 serious accidents since 2000. The human toll is also very real given that accident reports indicate that since 1996 at least two people have been killed by explosions from railroad accidents and dozens more suffered injuries.

The example of how things can go terribly wrong became a reality in 2009 in Rockford, Illinois. A Canadian National freight train moved through town carrying more than 2 million gallons of ethanol. The crew was unaware that just ahead, rain had washed away a portion of the track. When the tankers rolled over the damaged track, the engineers could tell the train was going to derail.

The cars began falling from the tracks and flying into the air one by one. A driver parked at a nearby railroad crossing sat helpless as the waves of explosions washed over him and his family. One of several cars parked at the crossing belonged to Jose Tellez whose wife, Zoila, was killed. A witness reported seeing Zoila run from the family van in flames before dying. Jose suffered severe burns while his adult daughter, who was five months pregnant, lost the baby she was carrying at the time.

In addition to the fatality, 11 people were injured in the derailment, making it the nation’s single worst ethanol tanker accident. Nineteen of the 114 cars derailed. Thirteen released ethanol and caught fire. In the final accident report, the NTSB listed the “inadequate design” of the tanker cars as a factor contributing to the severity of the accident.

It is incidents like the one in Illinois that have some communities worried about the potential dangers associated with the continued presence of the flawed tankers on America’s railways. According to recent reports, the railroad industry has so far agreed to change all cars built after October 2011 to a safer design. The improvements will mean thicker shells and shields on the ends of the tanks designed to prevent punctures. While this is certainly goods news, the 30,000 to 45,000 existing tankers that will remain unchanged present real concerns to innocent Americans in the path of the railroads.

Truck Fire and Five Car Crash Leads to Injuries and Terrible Charlotte Morning Commute

September 18, 2012 | AS Personal Injury Lawyers

According to WCNC, commuters in Charlotte, NC had a rough morning as a major truck fire on Interstate 77 and a multi-vehicle accident on Interstate 85 caused major delays for the early commute.
The television station reported that a truck caught fire on I-77 north near Nations Ford Road which briefly blocked all lanes and caused major delays. Emergency crews quickly put the fire out and thankfully no one suffered injuries.
However, a multi-vehicle accident across town on I-85 near Gastonia reportedly left some of the drivers with injuries. Traffic was backed up for miles past the accident scene near the Cox Road interchange. Given how recent the accident was the North Carolina Highway Patrol has not yet specified what injuries occurred as a result of the wreck.

Breaking Down Insurance Coverage in North Carolina

September 13, 2012 | AS Personal Injury Lawyers

When shopping for car insurance, many people are put off by not knowing which of the many varieties of coverage they may actually need and which ones are merely there to line the pockets of insurance companies. A recent article by Yahoo Finance analyzed some standard insurance policies to come up with a guide for what kinds of coverage the average consumer needs. The Yahoo article gave each variety of coverage a ranking according to color: red meaning the policy is urgent, orange to signify important and yellow meaning least critical. First things first, liability coverage:

• Liability Coverage
• Urgency: Red
Liability coverage exists to pay for bodily injury and property damage that you or others cause while operating your vehicle. Liability coverage will also cover court costs if you’re sued as a result of an accident. Given the description, the necessity of the policy is pretty obvious. It’s this coverage that is designed to protect your assets and future earning power if you are ever involved in a bad accident. A bit of good news is that it typically doesn’t cost much (less than $50 every six months) to double your current liability coverage, so it’s probably better to be safe than sorry.

• Collision Coverage
• Rating: Yellow
Collision coverage is what pays to fix your car in the event of an accident. The value of this policy depends almost entirely on money; how old and how much your car is worth, how much a repair might cost and whether you’re able to afford the repair on your own without collision coverage.

While collision coverage is important, as your car ages and depreciates, it might not be a bad idea to increase your deductible so that your monthly premiums go down or even consider dropping collision all together. This is an instance where leasing your car will result in a guaranteed purchase as companies will require you to carry collision coverage.

• Medical Payments Coverage
• Rating: Orange
Medical-payments coverage ensures that reasonable medical expenses are paid for those in your vehicle, regardless of who caused the wreck. The importance of this policy depends on your situation, if you don’t have insurance or are lacking, move the color up to red and carry the maximum that your company will allow. If you’re an avid carpooler then you’ll also want increased coverage to ensure that everyone in your car has his or her medical care covered in the event of an accident.

• Uninsured/Underinsured Motorist Coverage
• Rating: Red
Uninsured/underinsured motorist coverage, or UM/UIM, exists to pay for injuries that results from an accident caused by a driver who either totally lacks or does not have enough insurance coverage of their own. The number of uninsured drivers in North Carolina is significant, estimated at 8% who lack proper coverage. Given the risk of running into one of these drivers (pardon the pun), this kind of coverage is absolutely critical for drivers in the state. Even if you’re in an accident with someone who has insurance, a lot of times they might not have enough insurance to cover the injuries you actually sustain.

The Dangers of “Drugged” Driving in Charlotte, NC

September 11, 2012 | AS Personal Injury Lawyers

Though everyone knows about the danger and irresponsibility of getting behind the wheel after drinking, few people talk about the similar risks associated with drugged driving. It’s about time that changes given the increasing occurrence of medication-related wrecks on North Carolina roadways.

One recent example includes a Fayetteville, NC man who is now in jail on drug charges after a car crash involving a Bladen County Sheriff’s deputy. The Sheriff’s Office says a deputy stopped Darnell James Callwood, 27, last month after Callwood allegedly failed to stop for a stop sign just after midnight and ended up crashing into the deputy. During a search of the car, the officer found 38 packaged plastic bags of marijuana and several bags of cocaine.

According to the National Institutes of Health, 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.

According to the National Highway Traffic Safety Administration’s (NHTSA) 2007 National Roadside Survey, more than 16% of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter medications while more than 11% tested positive for illicit drugs. Another NHTSA study found that in 2009, among fatally injured drivers, 18% tested positive for at least one, a number that marked a 13% increase from 2005. These results indicate that not enough has been done to educate the public about the true danger of driving under the influence of medication.

Study Reveals Danger of Singing and Driving

September 6, 2012 | AS Personal Injury Lawyers

In the last few years, traffic safety officials both in North Carolina and at the federal level have been focused on distracted driving, working to educate drivers on the dangers of talking, texting and emailing on mobile devices when behind the wheel. In doing so, however, it seems that many people are no longer focused on some of the more traditional forms of distraction while driving, such as eating and drinking, changing the radio and putting on makeup.

Now, a new study, mentioned in an ABC News article, appears to indicate that it may be time to direct more attention toward some of these other forms of behind-the-wheel distraction. In the study, researchers found that drivers who listen or sing along to their favorite tunes are more likely to get into car accidents than drivers who do not play music in the car.

The study was conducted recently by researchers in Australia, and the results of the study have been published in the journal Accident Analysis and Prevention. The researchers were specifically looking at how driving abilities were impacted by singing or listening to music in the car. The researchers attempted to compare how driving abilities were impacted when a person was singing and driving as opposed to when the driver was just listening or had no music on at all.

The researcher put drivers (a total of 21 individuals) through a simulation exercise. They were each tested on how well they were able to concentrate on driving while they were exposed to music. The researchers found that drivers who were listening to music on their car radio, or singing along to the radio, were much slower to respond or react to emergency situations than those drivers who had no music on in the car.

The reason, the researchers determined, is that singing while driving draws attention away from the road. Any activity that draws attention away from the road can be considered a distraction. Drivers, who sing in the car, were much more likely to vary their speeds while driving. These drivers were also found to drive at a much lower speed, compared to drivers who were not listening to any music. The researchers concluded that the most attentive drivers were those who were not listening to any music at all.

Child in Charlotte, NC Dies After Not Wearing Seatbelt

September 4, 2012 | AS Personal Injury Lawyers

Police in Salisbury have announced that a young boy, who was killed in a car crash, was not wearing a seat belt at the time of the collision. The 12-year-old tragically died on impact during a crash last month.

Police say the driver of the boy’s car was driving east on Airport Road when she tried to turn left into a parking lot at 1010 Airport Road. The driver turned in front of an oncoming Jeep Cherokee, and the Jeep struck the Honda, pushing it into a phone pole. No one in the Jeep was injured.

At this time no charges have been filed against either of the drivers as police continue an investigation into the circumstances. This wreck demonstrates what we already know: every hour someone dies in America simply because they chose not to buckle up. Despite the fact that safety belts are the most effective means of reducing fatalities and serious injuries, sadly, many adults and children simple don’t feel the need to use them.

Motor vehicle crashes are the leading cause of death among those between the ages of five and 34. An astounding 2.3 million adult drivers and passengers were treated in emergency departments as the result of being injured in motor vehicle crashes in 2009. The Centers for Disease Control says that adults who do not use safety belts may think that their behavior only affects them, but they are wrong. Studies consistently show that there is a correlation between adult belt use and child belt use. According to National Highway Traffic Safety Administration (NHTSA), when a driver is buckled, 94 percent of the time children in that vehicle are buckled; but, when a driver is unbuckled, only 30 percent of child passengers are buckled. What parent wants to pass along such a dangerous habit?

Driver Says He Needs to Stop Texting Then Drives Off a Cliff

August 30, 2012 | AS Personal Injury Lawyers

A young college student from Texas says he is lucky to be alive after surviving a terrible crash that occurred while he was texting. The student’s, Chance Bothe, truck plunged off of a bridge and into a ravine. Terrifyingly, the accident occurred right after Chance wrote the following message to a friend: “I need to quit texting, because I could die in a car accident.”

The crash left Chance horribly injured. The 21-year-old student had a broken neck, a crushed face, a fractured skull, and traumatic brain injuries. He also had to have doctors bring him back to life three times. Chance spent the last six months in intense recovery in the hospital and is only just now able to speak about the accident.

Now, he believes it’s his mission to urge other drivers to stop texting, or else they may experience a similar fate. “I know I died like three times but God didn’t keep me away from coming back here. I have a higher purpose in being here. And I think it’s to tell everyone not to text message and drive.”

According to Distraction.gov, 3,092 people in 2010 were killed in crashes involving a distracted driver – meaning those who are either texting, eating, adjusting their radio, or talking on their cell phone. 416,000 people were injured in accidents from these same types of distractions. A startling 18% of injury crashes in 2010 were reported as distraction-affected crashes.

What You Should Know About Children and Head Injuries

August 28, 2012 | AS Personal Injury Lawyers

Head injuries are not something to take lightly. The Centers for Disease Control estimates that 1.7 million people in the country sustain a traumatic brain injury every year, and these injuries contribute to a third of all injury-related deaths in the United States.

Children, especially those between the ages of 0 and 4 and the ages of 15 and 19, are the most likely to sustain these injuries, which is why education about the dangers of head injuries is so important. Because of the long-term effects that head injuries can have, parents should learn all they can about this common childhood injury.

In children, head injuries often occur while they are playing. Falls on the sports field, tumbles while riding a bike and trips while climbing outdoors are all common causes. For this reason, children should wear protective helmets whenever possible. Parents need to make sure that helmets are being used when their children participate in rough sports events or when riding wheeled toys, such as bikes, scooters and roller skates. Head injuries also frequently occur as a result of car accidents, especially when children are not properly restrained. Proper use of child safety seats can help protect children against serious brain injury in a car accident.

Though head injuries affect all children, a recent Reuters article mentioned the findings of a study published in the Archives of Pediatrics & Adolescent Medicine which shows the treatment for such injuries may not be uniform across the different races. Researchers looked at brain injuries and treatment of children and discovered differences based on the race of the injured child.

According to the research, white children get CT scans more often following minor head injuries than the children of the other races. The study found that 42% of white children brought in for minor head trauma got CT scans while only 28% of black and Hispanic children brought in for minor head trauma received such scans.

Some may think this means that hospitals are giving better treatment to white children, but the results indicate that unnecessary CT scans can actually be dangerous to the children receiving them. In this case, more treatment is not better treatment and can actually lead to medical mistakes and dangerous radiation risks.

Personal Injury Lawyers in Charlotte, NC :: Distracted Driving Leads to Jail Time in Charlotte

August 23, 2012 | AS Personal Injury Lawyers

A recent article on WBTV.com, discussed the tragic case of Leah Walton, a Charlotte woman who was recently sentenced to several years behind bars for a deadly distracted driving accident which took place two years ago.

A Mecklenburg County jury issued the guilty verdict to the 23-year old earlier this week, not taking much time to deliberate over the young woman’s fate. She was found guilty of a laundry list of charges, including involuntary manslaughter, assault with a deadly weapon inflicting serious injury, reckless driving, possession of drug paraphernalia, and possession of marijuana.

For the assault conviction she will serve between 2 years, 7 months and 4 years and for involuntary manslaughter she was sentenced to six years of supervised probation. If she fails to satisfy the terms of her probation, she will be sent to prison for 20-24 months. Beyond jail time, she was ordered to pay substantial restitution to the innocent victims; $18,000 to the woman who survived the terrible crash but is now wheelchair bound, and $12,000 to the family of the woman who was killed. Both were nurses taking a break from work and walking along a sidewalk.

Walton’s mother took to the stand to plea for mercy on her daughter. She explained that her family had suffered terribly as a result of the accident. She said that her daughter “will suffer with the knowledge of the events for the remainder of her life.”

Personal Injury Lawyers in Charlotte, NC :: Megabus Bound for Charlotte Involved in Mega-Accident

August 21, 2012 | AS Personal Injury Lawyers

A double-decker bus caught fire last week along I-85 in northeast Georgia, forcing Megabus passengers to flee to safety and closing the northbound lanes of the interstate for hours. The commercial bus was traveling from Atlanta to Charlotte, North Carolina when the fire broke out at about 11:40 a.m. near Lavonia, Georgia. Officials with Megabus said that some 80 passengers were on board at the time and all, including the driver, were able to evacuate safely.

It’s the latest incident for Megabus, which offers low-priced, one-way fares between major cities across the U.S. Just a week before, on August 2, a Megabus struck a bridge pillar in the median of I-55 near Litchfield, Illinois killing one passenger and injuring nearly four-dozen others. Police have said that a blown tire likely caused the double-decker bus to weave out of control and crash into the pillar. The same week a 76-year-old woman in Chicago died from injuries she suffered when a Megabus hit her as the driver attempted to make a turn on a tight downtown street. Finally, back in February, a Megabus driver was acquitted of homicide charges for the deaths of four passengers when his double-decker bus crashed into a low overpass in upstate New York back in 2010.

Megabus drivers have been cited for speeding 35 times in the past two years, including 14 occasions where the driver was traveling more than 15 mph over the speed limit. During those same two years, a driver was cited for failure to inspect or use emergency equipment, six buses were cited for no or defective emergency doors and more than 50 citations were issued for failure to properly log a driver’s time on duty.

The cause of the fire is still under investigation. Megabus officials said they are working with state and federal investigators to determine whether all safety protocols were followed in the accident. The bus that caught on fire was manufactured by Van Hool in 2012 and had passed a full preventative maintenance check less than 2,500 miles ago, according to Megabus. It is unknown whether the driver performed an inspection before leaving Atlanta the morning of the accident. Such an inspection is required by the Federal Motor Carrier Safety Administration of all commercial interstate drivers.