Charlotte Injury Lawyers Blog

Car Wreck Caused by Texting While Driving

June 21, 2012 | AS Personal Injury Lawyers

According a recent article on Law.com, a recent New Jersey case dealt with the interesting issue of liability for an accident caused by texting. This might not sound so novel, but what makes this case different than others is that the person who was texting the driver was also sued for damages.

The accident happened in 2009 when a teen boy was driving home from work while texting his girlfriend. His car crossed the centerline and he crashed into two motorcyclists. The husband and wife he hit both lost parts of their legs in the horrible crash. The teen admitted that he was distracted by his phone and pled guilty in his criminal case to using a cell phone improperly and to careless driving. He is now on probation and required to educate other teens about the dangers of texting and driving. A civil case is currently pending against him.

Though New Jersey currently has a law against texting and driving, making the driver guilty, the attorney representing the victims tried to take it a step further. On behalf of his clients, the attorney filed a lawsuit against the teen’s girlfriend who had been texting him while he was driving. The attorney’s argument was that the girlfriend knew the teen was driving, so she knowingly distracted him with texting while he was behind the wheel, thereby helping to cause the car accident.

The lawsuit attempted to charge the teen girl with aiding an abetting. She was the one who started the text messaging exchange and she testified that she may have known he was in the car at the time, the victim’s attorney said she was partially at fault.

Is Spray on Tanning Unsafe Too?

June 19, 2012 | AS Personal Injury Lawyers

Some experts interviewed by the staff at Good Morning America are now saying that the active chemical used in spray tans, dihydroxyacetone (DHA), could potentially cause serious health issues for users.

Originally approved by the FDA back in 1977 for “external” use, DHA was previously used as a topical lotion that became unpopular due to its blotchy orange appearance. In recent times, spray applications that utilize DHA have enabled the chemical to maintain a more even and all around appearance. These changes in the method used for administering DHA have led to a resurgence in the chemical’s popularity. The problem that has arisen regarding its safety is due to the new mist-like application process for spraying on tans using DHA.
When the FDA first approved use of the chemical back in the 1970s, it never imagined that DHA would be applied across the entire body with a misty spray. The FDA now says that DHA should never be inhaled or ingested, something far more likely to happen given the new application method.

Most people are unaware of the potential health risks associated with the chemical and most spray tanning sessions happen in small, confined spaces all while being totally consumed by the mist. The vast majority of tanning salons fail to properly educate their patrons before tanning sessions so many users fail to properly protect their eyes, nose and mouth from the harmful chemical.

The Food and Drug Administration has revised what it says about DHA and now tells consumers “the use of DHA in ‘tanning’ booths as an all-over spray has not been approved by the FDA, since safety data to support this use has not been submitted to the agency for review and evaluation.”

Tips for What to Do After a Car Wreck to Preserve a Personal Injury Claim

June 14, 2012 | AS Personal Injury Lawyers

As the number of accidents on the roadways continue to increase, it’s important that victims take steps to protect themselves immediately following a car crash. Delay can only hurt your chances of collecting for damages later. The following are some tips for how best to protect yourself in the event of a car accident:

1. Write everything down
For victims of accidents, it is important to gather as much information as possible. Think about writing down the names and addresses of everyone who was involved in the accident, including any witnesses. If the victim is left incapacitated after an accident then someone else needs to think clearly and record the details.

After an accident it’s still important to keep records. Making notes of all the doctors’ appointments, diagnoses, prescriptions and symptoms can help if you end up pursuing a personal injury claim down the road.

2. Take pictures if you can
Pictures really do tell a thousand words, maybe more. This is definitely the case in the personal injury world where juries respond to photographic evidence. With so many people owning phones with great quality cameras, it is easier than ever for people to snap a picture of the situation right after an accident takes place. Victims with proof will find that the defendants are less able to claim things didn’t happen the way you say it did. Even insurance claims can move more smoothly with the benefits of pictures.

3. Keep everything in one place
It can be hard to keep everything organized when it comes to something as complicated as a personal injury case. It’s a good idea to start a file or folder that contains all the information relating to your case. It doesn’t have to be in perfect order; it’s just best that all the information can be found in once place.

Avoid Severe Injuries Caused by Fireworks Accidents

June 12, 2012 | AS Personal Injury Lawyers

Given that June is National Fireworks Safety Month now’s a good time to take a minute and discuss some of the danger associated with the bright lights seen by many at July 4th displays. Though there are many varieties of fireworks which can be purchased legally, this doesn’t mean they are risk free. According to one study by the U.S. Fire Administration, at least 92% of all fireworks-related injuries each year are caused by such legally purchased fireworks.

Those at most risk for injury are, perhaps unsurprisingly, young children. Children under the age of 15 are at the highest risk for fireworks-related injuries. Their love of the bright lights and loud noises attracts them but they are often too young to understand they danger they represent. Even seemingly safe hand-held fireworks can cause serious harm as some sparklers can reach temperatures of 2,000 degrees Fahrenheit, hot enough to melt copper. For children under the age of five, sparklers accounted for the largest number of estimated injuries, 36 percent of the total injuries in that age group.

During the 30 days surrounding July 4 last year, fireworks sent about 1,900 injured consumers to emergency rooms. The Consumer Product Safety Commission’s statistics show that in 2010 about 8,600 consumers ended up in hospital emergency rooms due to injuries involving fireworks. In 2011, 9,600 people were treated in emergency departments for similar injuries, an increase of 1,000 injuries in just one year. The CPSC’s annual death and injury report on fireworks, reports of three fatalities related to fireworks were received last year.

The part of the body most often injured are hands and fingers (estimated 2,900 injuries), eyes (1,100 injuries), head, face, and ears (1,100 injuries), and legs (700 injuries). The products that cause the most harm include sparklers (1,100), firecrackers (800), and bottle rockets (300). The major causes of injuries are due to delayed or early fireworks explosions, bottle rockets that go off course, falling debris from exploding fireworks and mishandling sparklers.

Increasing the Chances of Severe Injury by Ignoring Recalls

June 7, 2012 | AS Personal Injury Lawyers

Recent figures from USA Today show that there is concern among manufacturers and regulators that consumers have grown tired of the constant recall notices arriving in their mailboxes. The increased numbers of recalls, while a good thing, is causing consumers to be exhausted and ignore some notices, possibly to their detriment. Last year alone there were some 2,363 product recalls in consumer products, medical devices, drugs and food. This number represents an increase of 14% from just a year before.

While the increased number of recalls is good in terms of notifying consumers of potential dangers, it creates a worry that consumers will tire of the repeated warnings, perhaps not taking them as seriously. Mike Rozembajgier, the VP of recalls at Stericycle ExpertRecall, said, “We’re experiencing recall fatigue in my mind at the consumer level and also perhaps at the business level, and we all have to worry about that.”

The problem is that if consumers are not paying attention to recalls then they become ineffective. The regulators then must come up with new ways to warn consumers about dangerous products that will somehow break through. As a result, consumer protection agencies are trying to vary the methods that they are using to contact consumers. Social media sites like Twitter and Facebook are now being used by government agencies to get the word out about potential recalls rather than simply mailing notices which are more easily discarded as junk mail. Authorities are not giving up on the more traditional means of contact like telephone calls.

To Avoid Severe Injury, Don’t Swerve when Animals are in the Road

June 5, 2012 | AS Personal Injury Lawyers

According to an article in the Miami Herald, most injuries on the road involving animal crashes occur not when a driver actually hits the animal, but instead when the car crashes following an attempt to avoid hitting the animal. Apparently it’s the swerving away from the critter that actually causes most of the injuries to drivers and their passengers.

According to the National Highway Traffic Safety Administration (NHTSA), there were 173 fatal accidents involving animals in 2009, the most recent year that statistics were available. That same year there were 12,000 car accidents that resulted in injuries involving animals. Even more shocking is the news that according to the Insurance Industry for Highway Safety, 1.5 million accidents involving deer occur each year across the country and result in $1 billion in damages.

According to people familiar with the subject, highway safety experts and police officers who encounter such accidents regularly, swerving to avoid a collisions may actually be more dangerous than simply hitting the animal. Law enforcement officials urge motorists to avoid sudden evasive maneuvers if you’re not able to check the other lanes of traffic beforehand. If it’s safe to make a lane change then the experts say to go ahead, but if you’re not sure what else is going on around you then swerving is usually the wrong choice.

Older North Carolina Drivers and Road Safety

May 31, 2012 | AS Personal Injury Lawyers

As the Baby Boomer generation continues to age, one thing is certain–the roads will be increasingly filled with older drivers. Currently, thirteen percent, or 34 million Americans, are over sixty-five years of age. That number is expected to increase by 60% over the next fifteen years. Based on these numbers, it is projected that one in five drivers will be 65 or older by 2025.

While the older drivers may have more experience on the road, they are also responsible for a disproportionate number of accidents. A report released by TRIP states that although drivers over 65 account for 8% of all miles driven, they are involved in at least 17% of all reported crashes.

North Carolina is towards the top of the list in multiple statistical categories pertaining to older drivers. The state is fourth in the nation in raw number of older drivers killed in car accidents and fifth in the number of accidents involving at least one driver over the age of 65. North Carolina is ranked ninth in the nation for number of older licensed drivers. Unsurprisingly, the number one state in many of these categories is Florida.

Older drivers are more susceptible to serious injury from car accidents for a number of reasons. First, age comes with increased physical frailty and related medical issues. These issues include slower reaction time, poorer eyesight, and reduced muscle dexterity. Furthermore, when such accidents happen, injuries tend to be more severe due to this increased frailty. TRIP singles out “safely moving through intersections” as especially hazardous for older drivers.

Despite these numbers, no one is suggesting that we revoke the licenses of all older drivers. One of the major determining factors in quality of life is mobility and to deny that to an ever-increasing proportion of the population could only lead to trouble. Rather, it is being suggested that steps be taken to make the roads safer for older drivers. Some of the more prominent suggestions include clearer signs with larger lettering, increased width of pavement markings, widening lanes, and brighter lighting.

Severe Injury Caused by Magnets

May 29, 2012 | AS Personal Injury Lawyers

A few months back one unfortunate couple made a purchase they’ll likely regret for the rest of their lives: a box of magnets. They were shopping near their hometown and came across a bag of high-powered magnets that could be used to form various shapes and chose to buy them for a little amusement. When they arrived back at their house they made sure to put the toys away on an upper shelf. Apparently it wasn’t high enough to keep their young son, 2-year-old Braylon, away. He found the bag of magnets and ended up swallowing eight of them.

Rather than just simply passing the round balls, they magnets fused together and, in the process, wreaked havoc inside the little boy. The high-powered magnets attached to each other and, in doing so, twisted and ultimately perforated the boy’s intestinal tract.

Since the terrible accident the child has been in the hospital, coming up on two months now. Most of the time was spent in the ICU given the severity of his injuries. Braylon has had six surgeries, developed a blood infection and had to be fully sedated for three weeks. He is thankfully supposed to leave the hospital soon, but will have to return for more surgeries. He’s scheduled to get an intestinal transplant given the amount of tissue that had to be removed during all his surgeries.

Shockingly, given the horrible damage inflicted on Braylon and other’s just like him, there has not yet been a thorough study of the impact of magnets ingested by children. The Consumer Products Safety Commission (CPSC) has said that since 2008 it has received some 200 reports of similar incidents involving children and high-powered magnets. As a result, one of the doctors that worked with Braylon, Dr. Adam Noel, decided to conduct a survey of his own. He asked a group of pediatric gastroenterologists for their thoughts on the issue. The 33 physicians who responded to Dr. Noel’s survey said that they have seen a total of 82 young patients who have swallowed magnets. Sadly, the vast majority of these children suffered bowel perforations, just like Braylon.

Dr. Noel and a group of other concerned doctors will be meeting with officials from the CPSC to discuss ways to ensure that additional children don’t suffer from similar accidents. The companies that make the toys insist that their products are perfectly safe if used per the instructions. Treat them like any dangerous item in a house, like a stove, and the children can be perfectly safe from the danger they present.

Study shows that turn signal errors contribute to 2 million car accidents per year

May 24, 2012 | AS Personal Injury Lawyers

In driver’s ed most of us learned to follow a few simple rules before changing lanes: turn on your blinker, check your mirrors and check your blind spot. Only after these had been done is it safe to change lanes.

According to a new study by the Society of Automotive Engineers discussed on MSNBC.com, almost half of all drivers are getting that first, and arguably most crucial step, wrong. The study found that, when changing lanes, 48% of drivers either fail to engage their turn signals or forget to turn them off. When turning, the error rate drops considerably but still remains at a surprisingly high 25%.

Whatever the reason, forgetfulness, laziness or poor driver’s education, the signal errors are having a major impact on driving safety. According to the study, improper blinker use causes roughly 2 million traffic accidents every year. By comparison, distracted driving causes around 950,000 crashes each year.

Drivers who fail to use their turn signals properly might not think their mistake is a big deal, but the fact is that such a slip up puts everyone else on the road at risk. Even if an accident does not happen, drivers could still run into trouble with the law. After all, failing to signal a turn or a lane change is a crime and is treated as severely as speeding or running a red light.

The people at the Society of Automotive Engineers have come up with a novel and potentially useful solution to the problem. It’s called the “Smart Turn Signal,” the group claims it can go a long way to reducing the rate of car accidents across the nation’s roadways.

The “Smart Turn Signal” would automatically shut off a signal once a certain amount of time had passed. The device is also capable of being programmed to automatically turn off after detecting a lane change. Such a feature is similar to what happens now after drivers complete a turn.

Social Media Can Play Important Role in North Carolina Personal Injury Cases

May 22, 2012 | AS Personal Injury Lawyers

Before the Internet, insurance companies, attorneys, law enforcement, collection agencies and other individuals responsible for investigating information had to work a lot harder to check out individuals. Today, people volunteer much of the information such investigators are searching for.

The rise of social networking websites such as MySpace, Facebook, LinkedIn and other online communities have encouraged people to post anything and everything about themselves. Friends and acquaintances are not the only people taking notice. It has also become a crucial tool used by insurance companies, and other organizations, to gather evidence and seemingly innocuous posts on popular websites can damage an otherwise great personal injury claim.

Attorneys use social networking websites to verify what the opposing party is doing. If someone gets into an accident and claims to have an injury while submitting documentation that he or she cannot work, an investigator can easily go look up the person’s Facebook page. If the person’s Facebook page displays pictures of them dancing or rock-climbing or doing something that contradicts what was told to the insurance company, that person has just sabotaged their case.

Being tagged in a photograph by a friend who does not have privacy settings on a Facebook page can also spell trouble. If a supposedly injured person is seen doing something they claim not to be able to do, it can be used as evidence to deny a settlement offer or dismiss a court case seeking money for injuries. While this post should not be read as encouraging deception, injured parties should be aware that anything posted online is not 100% private.

It is recommended that you take down or deactivate all individual social networking pages while a claim is being pursued. If you’re not prepared to take the big step of deactivating your accounts, there are other precautions that can be taken short of that.

1. Immediately make your profile “private,” and set all privacy settings to the highest level.

2. Remember to not discuss your accident, injuries or treatment, including any prescribed medication, on ANY social networking sites.

3. Avoid discussing recent activities you’ve engaged in, physical exertion, abilities and limitations, or any other information that may bear on what you can and cannot do because of your injuries. It’s important to avoid this even if you’re not directly talking about activities related to your lawsuit.

4. Remove all photographs and videos of you taken since your injury, and refrain from posting until your claim has been resolved.

5. Be sure you know everyone who is your “friend.” Do not accept friend requests from people you do not personally know.

6. Review your friend list and block anyone you are not 100% sure you trust. Opposing parties could pose as a friend or get information from others who are to gain access to potentially incriminating information that could negatively affect your lawsuit.