Charlotte Injury Lawyers Blog

Car Wreck Lawyers in Charlotte, NC :: Charlotte Hit-and-Run leaves 21-year-old in Critical Condition

October 4, 2012 | AS Personal Injury Lawyers

According to a report by WCNC, a young woman is in critical condition after a hit-and-run car accident on I-485 occurred late last month. The accident happened near the Providence Road exit.

The North Carolina Highway Patrol has said that a 21-year-old female driver passed an SUV in the right lane and attempted to get back in the left lane when the SUV clipped her car from behind and spun her off the road. Troopers said the SUV did not stop and continued down I-485 toward Pineville. The SUV is described as a light gray or silver with possible damage to the front right side.

The victim in the accident has suffered multiple broken bones, internal injuries and two collapsed lungs. Troopers have said that witnesses report the driver of the SUV may have had road rage issues prior to striking the young driver’s car.

After crashing into another car, the decision to bolt from the scene is not only heartless, it’s also against the law. Now, the driver responsible for the crash is likely to be convicted of criminal charges in addition to the civil penalties he could face. In North Carolina, hit and run accidents are governed by North Carolina General Statutes § 20-166. The law states:

(a) The driver of any vehicle who knows or reasonably should know:

(1) That the vehicle which he is operating is involved in an accident or collision; and
(2) That the accident or collision has resulted in injury or death to any person; shall immediately stop his vehicle at the scene of the accident or collision. He shall remain at the scene of the accident until a law-enforcement officer completes his investigation of the accident or collision or authorizes him to leave; Provided, however, that he may leave to call for a law-enforcement officer or for medical assistance or medical treatment as set forth in (b), but must return to the accident scene within a reasonable period of time. A willful violation of this subsection shall be punished as a Class H felony.

Trucking Accident Lawyers in Charlotte, NC :: Truck Drivers with Sleep Apnea Rarely Admit To Problems

October 2, 2012 | AS Personal Injury Lawyers

A new study has found evidence that commercial drivers might lie about sleep apnea problems because they are fearful of losing their job.

Sleep apnea is a condition that causes a person’s breathing to be interrupted while they sleep. As a result, they frequently do not get a full, restful night’s sleep, which can lead to a variety of severe consequences. People with sleep apnea may experience headaches and drowsiness when they are awake and can even suffer from depression due to constant sleep deprivation.

For people whose jobs require them to be on the road frequently, sleep apnea can be a major problem, potentially impacting their ability to earn a living. A driver suffering from sleep apnea is at risk of causing an accident and injuring or killing innocent North Carolina drivers. Given this risk, commercial drivers, such as bus drivers, taxi drivers and truck drivers, can lose their job if it is believed that sleep apnea affects their performance.

The new study, done by researchers at University Hospital in Switzerland, looked at sleep apnea sufferers in two groups. They focused on 37 commercial drivers and 74 people who did not drive as part of their job. The study found that the commercial drivers rated their level of sleepiness during the day several points lower than the non-commercial drivers. In other words, the commercial drivers indicated they were not as tired as the non-drivers.

Even more worryingly, the study discovered that commercial drivers were less likely to receive treatment for their condition. Rather than seek regular care, the drivers were more likely to make spontaneous trips to sleep clinics. Researchers believe this could mean the commercial drivers did not have proper control over their symptoms and were suffering more than they claimed.

Researchers hypothesized that the commercial drivers were downplaying their symptoms out of fear of losing their jobs. Because they had more unexpected visits to sleep clinics than the non-commercial drivers, researchers concluded that the drivers were struggling more with their symptoms than other people suffering from sleep apnea.

Recent Article Questions Necessity of Many Tests Ordered By Doctors

September 27, 2012 | AS Personal Injury Lawyers

In a recent op-ed in The New York Times, Dr. Sanjay Gupta explored the relationship between the increase in treatments and tests ordered by many doctors and the possibly corresponding rise in the number of medical errors made by doctors. These medical mistakes, many of which can be life threatening to patients, might be able to be avoided if doctors simply stopped ordering unnecessary medical treatments.

Medical errors, often caused by doctor or hospital negligence, are a serious concern all across the country. In 1999, the Institute of Medicine reported that approximately 98,000 people died each year as a result of medical errors. Gupta discussed figures that are more recent and says that he believes about 200,000 people die each year because of medical mistakes. Gupta says that if those figures are accurate, it makes medical mistakes one of the leading causes of death in the United States.

Gupta points out the fact that as the number of treatments and tests performed increase, the likelihood of physician errors also rises. He says that many people would be surprised to know that doctors routinely request tests or treatments that they know are unnecessary. According to one recent survey of orthopedic surgeons, of all the tests they order to be performed on their patients, 24% are not “medically necessary.” Gupta says that the danger of such overuse of things like CT and MRI scans can lead to false positives and unnecessary operations. Along with these unnecessary procedures comes the risk of complications, including infection and bleeding.

Charlotte Baseball Coach Seriously Injured After Accident With Speeding Driver

September 25, 2012 | AS Personal Injury Lawyers

According to WBTV, a popular college baseball coach was critically injured after a police spokesman says he was involved in a crash along Interstate 77 in Charlotte, NC earlier this week.

The crash, which happened along I-77 north near I-485 and WT Harris Boulevard, sent at least two cars off the highway a little after 9 p.m. Dick Cooke, the Davidson College baseball coach, was injured in the crash which sent both vehicles slamming into a wooded area. The coach was hit from behind by a speeding driver according to police reports. Cooke has reported serious injuries, including bleeding on his brain, cracked ribs, lung issues and a leg that is broken in four places.

North Carolina Troopers have said they believe alcohol was involved in the crash. The N.C. Highway Patrol have since charged Brittany Alana Fitch, 27, of Clover, South Carolina with driving while impaired, driving with license revoked and reckless driving. The investigation is ongoing.

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?