Charlotte Injury Lawyers Blog

Pedestrian Injured and Killed in Crosswalk Automobile Accident

April 12, 2012 | AS Personal Injury Lawyers

Yet again there has been a pedestrian hit by a car and inadequate crosswalks may be to blame. On Monday, April 16, 2012, 13-year-old Jessi Mendoza-Valdez had an unfortunate encounter with a car as he was crossing the street and two days later he died from his injuries. He was trying to cross a busy intersection during rush hour traffic.

Valdez and his parents lived at the Misty Woods Apartment complex. On Monday afternoon, he was trying to cross the Central Avenue from the side of the street where his apartment complex was located to the other side where a small group of stores was located. He successfully made it to the middle of the road onto the median, but when he was trying to make it across the rest of the way he was hit by a car.

The driver of the vehicle immediately stopped to help Valdez and remained on the scene while the police began their investigation. He has been cooperating with the police the investigation. An eyewitness to the accident, Anival Sandoval, had just made it into the store when the accident occurred. Wednesday, Sandoval noted that the same intersection where Valdez was hit has posed a danger in the past because of the lack of crosswalks there.

North Carolina Firefighter Injured in Car Accident

April 10, 2012 | AS Personal Injury Lawyers

In Huntersville, North Carolina, a firefighter is recovering from being injured by a car while doing his job. According to a recent article published on WCNC.com, on Saturday, April 14, 2012, the fireman was getting back into his truck after fighting a fire on Beatties Ford Road. As he was climbing up into his truck he was hit by a car as it passed him. He was thrown off of his truck and hit the road. As a result of the accident, the fireman had abrasions, a concussion, and severe road rash. The fireman was immediately taken to Carolinas Medical Center for medical attention. Soon after being admitted to the hospital, the fireman was released and sent home to recover from his injuries.

A preliminary investigation revealed that the driver of the car did not see the fireman as he was getting up into his truck. The flashing lights from the fire truck obstructed the driver’s view. Like every responsible citizen involved in a car accident, the driver of the vehicle stopped and remained at the scene. The driver cooperated fully with the investigation and will not be facing any charges related to the accident.

Although no criminal charges will be filed against the driver, the driver may still face possible civil liability for his involvement in the accident. The driver was clearly at fault for the accident. Because the lights from the fire truck obstructed the driver’s view, he could have slowed down to ensure that he avoided getting into an accident. The fire truck, which is a clearly marked emergency vehicle, had all of the lights and sounds going so that everyone on the road and in the neighborhood knew that the vehicle was being used for emergency purposes.

Charlotte Woman’s Beach Accident Should Raise Concerns for North Carolina Sunbathers

April 5, 2012 | AS Personal Injury Lawyers

A Charlotte woman’s Florida vacation turned into a nightmare. Rinda Mizelle was enjoying her vacation on the beach in Fort Lauderdale, Florida when her time in the sun was ruined. She was run over by an Ocean Rescue pickup truck. She was sunbathing on the beach around 3:00 PM. She was laying on the sand with shorts over her face to keep the sun out of her eyes. The next thing she felt were tires roll across her body. Lifeguards rescued her and she was immediately transported to Broward General Medical Center. She was treated for her injuries and released. After this incident she filed a lawsuit against the city of Fort Lauderdale alleging negligence.

The city has responded by reevaluating its policies concerning vehicles on beach. The mayor, Jack Seilier, said, “I can safely say we’ll evaluate that policy… We want to make sure that people have the best possible experience on our beaches. And if there’s some issue with the safe use of vehicles on the beach, then we need to address it.” The driver of the pickup truck has been placed on administrative leave until an investigation is conducted into the accident.

Opinions regarding large trucks on the beach are split. Some believe that such large vehicles prevent drivers from seeing people who are laid out on the beach. Others believe that they are necessary to carry the lifeguard’s equipment from one end of the beach to the other in a timely manner. In some emergency situations, lifeguards and safety personnel need boards, defibrillators, and other emergency equipment necessary to save someone’s life.

Emergency officials in Fort Lauderdale are saying that having a sunbather run over by a beach vehicle is unheard of, but there have been other similar incidents in Florida, in both Miami and Volusia County. Mizelle’s attorney, John M. Phillips, finds it extremely troubling that this has happened to more than one sunbather on Florida’s beaches.

North Carolina Toddler Suffers Severe Injury in Fall from Balcony

April 3, 2012 | AS Personal Injury Lawyers

A very small child is recovering from injuries suffered after the toddler fell from a second story balcony, according a report by WCNC.com. The accident happened on Saturday, April 14 2012, at the Colonial Grand at Beverly Crest Apartments. It is unclear from reports how the toddler managed to fall off of the balcony. The first responders on the scene informed WCNC that the child’s injury could potentially be life threatening.

Immediately one begins to think that the parents may somehow be responsible for the child’s injuries. However, WCNC learned from investigators that the parents of the toddler would not be charged with any wrongdoing. Police, investigators, and medical professionals are keeping a tight lid of the toddler’s condition, leaving the public to only speculate about how bad the child’s injuries are and whether or not the child will survive.

This unfortunate accident highlights several important issues for both the owners of apartment buildings and the tenants who reside in those apartment buildings. It is always important for tenants to do a thorough inspection of the premises when moving into an apartment complex. Any areas of concern should be immediately reported to the manager of the building. Once the problem areas have been brought to the attention of the proper authorities, then the tenant is less likely to be contributorily liable for any injuries that happen as a result of the problem area. In the case of the toddler, if the parents reported a problem with a broken or loose portion of the balcony to the building superintendent, it could explain why no charges have been filed.

If the balcony was faulty to the negligence of the building superintendent or the owner of the building, then both could be potentially liable for the toddler’s injuries. Owners of apartment buildings have a duty to keep the premises safe for the tenants. If the owner failed to keep the premises safe, it is a breach of his duty and he could be sued for negligence. If the owner hired a management company to ensure that the building was keep in decent working order for the tenants, both the management company and the owner of the building could be liable if there is negligence involved. Until the investigation is complete, however, no one will know who, if anyone, is responsible for the toddler’s injuries.

Workers’ Compensation not Available Thousands of Injured North Carolina Workers

March 29, 2012 | AS Personal Injury Lawyers

A report by the Charlotte Observer has noted a disturbing trend in North Carolina: employers who do not have workers’ compensation insurance and who are leaving their employees out to dry after serious injuries. This trend is not only obviously hurting the employees who have no compensation after being injured on the job, but it is also forcing employers to close their doors due to the demand of lawsuits.

The state Industrial Commission is the agency responsible for ensuring that employers obtain and maintain workers’ compensation insurance as required by the law of the state of North Carolina. However, it only gets involved after an employee has been injured and then is left with no income and increasingly expensive medical costs. According to the Charlotte Observer, the Industrial Commission does not try to determine which businesses have failed to purchase workers’ compensation insurance and which businesses have allowed their workers’ compensation coverage to lapse.

Under North Carolina law, businesses that have more than three employees are required to purchase workers’ compensation insurance. The businesses, however, are only required to tell the Industrial Commission that they are insured. Besides a simple notification, there is no enforcement, no way of making sure that businesses have actually purchased the required workers’ compensation insurance.

While recently, the North Carolina General Assembly has attempted to reform the state workers’ compensation law, making it more affordable for employers, the revisions and amendments to the law failed to address what happens when employers do not purchase workers’ compensation insurance. Other lobby groups, such as the North Carolina Homebuilders Association, have begun pushing for stricter enforcement of the insurance requirement and punishment for those businesses that do not comply. The branch of the Industrial Commission charged with dealing with those businesses that do not have workers’ compensation insurance only focus on collecting the necessary money from the business rather than punishing the business for its violation of the law.

Deadly Accident at Charlotte Motor Speedway, May Involve Wrongful Death Lawyer in North Carolina

March 27, 2012 | AS Personal Injury Lawyers

The Charlotte Observer recently reported on the tragic accident at Charlotte Motor Speedway that resulted in the deaths of two people. The accident happened on Saturday, March 31, 2012 at the end of Vietnam Veterans’ Homecoming Celebration. At the end of the event, thousands of motorcyclists were supposed to slowly process out of Charlotte Motor Speedway. Some of the riders, however, did not leave and that is when things turned tragic.

About thirty minutes after the celebration ended, several of the riders continued doing laps around the track. Some of them were going in opposite directions. Then, in an instant, two motorcycles crashed into one another. Two veterans were rushed to the hospital. Sometime later, Alan Mockus and Thomas Hollingsworth died from their injuries. Mockus’s wife, Debra, who was his passenger at the time of the accident, is in critical condition at Carolinas Medical Center.

The Concord Police had officers at the track at the time of the incident but they have not provided much information. Officials at the motor speedway are also being fairly tight-lipped, aside from the vice-president of communications, Scott Cooper, releasing a statement that the speedway is participating in the investigation and “cooperating fully” with the Concord Police Department. In that statement, Cooper also indicated that there were safety measures and procedures in place, seemingly denying any potential liability for the accident.

One of the coordinators for the event explained that the riders were informed of the rules of celebration. They were supposed to only go 35 miles per hour and they were not to go onto the actual track, but they were to stay on the apron, just below the track. The coordinator said that the victims did not follow the rules and that is why they were injured and eventually died. “It is extremely unfortunate that these individuals could not abide by guidelines set for their own safety.” The motorcyclists took a lot of unnecessary risks and suffered the consequences of failing to abide by the safety guidelines.

Poop Pours Onto North Carolina Highway

March 22, 2012 | AS Personal Injury Lawyers

Drivers on Interstate 70 in eastern North Carolina were not prepared for what they were going to endure on that early morning drive Monday morning. As drivers were on their morning commute, they were accompanied by a truck carrying an unlikely substance. None of the drivers knew what the unsuspecting truck was carrying until something malfunctioned and the contents of the truck ended up splattered on the road in front of them.

WCNC.com reported that the truck was carrying human waste from a sewage plant to be used as fertilizer. Something went wrong and the truck opened up while the driver was on the interstate. The waste came pouring out of the truck onto the highway. One lane was blocked and about 300 feet of waste spilled out on the road. While no injuries were reported, at least two cars ended up sliding around in the mess before the lane was closed off to further traffic.

Charlotte, North Carolina Worker Injured, May Need Workers’ Compensation Lawyer

March 20, 2012 | AS Personal Injury Lawyers

According to a recent report by MSNBC, Charlotte firefighters were called to the Barnhardt Manufacturing Company early Monday morning because one of the company’s employees was involved in a serious accident. When the firefighters rushed into the plant, they found one of the workers with his entire arm caught inside one of the processing machines. According to Captain Mark Basnight, it took nearly 30 minutes to free the worker’s arm from the machine. It was an extremely tedious procedure. The firefighters had to take their time to make sure that they did not do any further damage to the man’s arm trapped inside of the machine.

After being freed from the machine, medics rushed him to Carolinas Medical Center. He suffered significant life-threatening injuries and the doctors had to amputate the man’s arm. It is likely that he will have to have more cosmetic surgery in the future and even more if he is planning on using a prosthetic arm.

The Barnhardt Manufacturing Company processes cotton and other fabrics. According to its website, the company bleaches and purifies cotton to be used by other manufacturers. NewChannel 36 tried to reach the company for comment, but they have not been successful. That the company would not respond to requests for comment is not surprising given that during the past 10 years OSHA investigators have been to the plant seven times.

In addition to the visits from OSHA, the plant has been cited 35 times for violations. It is possible that OSHA violations were to blame for the serious accident, but the investigation is not complete. OSHA, which stands for the Occupational Safety and Health Administration, is the federal agency that enforces that Occupational Safety and Health Act of 1970. That law requires that employers provide workers with a safe and healthy working environment. If an employee believes that his or her work place is not safe, that employee is entitled to file a confidential complaint with OSHA, and eventually entitled to judicial review of a final decision of OSHA.

Dangerous Crosswalk a Source of Concern to Charlotte Parents

March 15, 2012 | AS Personal Injury Lawyers

According to a recent report by Fox Charlotte, there have been two teens hit by cars while walking home from a local high school in little more than a week. The accidents took place at one of the most dangerous intersections in the city and it has become a source of some concern for many of the residents of that area and the parents of the children who have to cross it.

The crosswalk is at the intersection of Matthews-Mint Hill Road and Swain Drive. A 15-year-old boy sustained minor injuries after he was struck by a car while walking along Matthew-Mint Hill Road. According to the parents of students at Butler High School, the intersection presents several dangers.

One of the students, Eddie Hudima, told Fox Charlotte that he knew of a lot of accidents at that intersection. Humida’s parents did not know that there have been several accidents along that intersection and when Fox Charlotte told them about a young student being hit by a car there, they were very concerned. Humida crosses that intersection every day after he comes from Junior ROTC practice after school.

Residents of the area have noted that there are several problems with that intersection. One of the problems is that the intersection does not have a crosswalk sign or a warning sign for the students that cross the street. Another problem is that there is a “No U-Turn” sign that the majority of drivers ignore, which increases the risk of an accident. Residents believe that a stop light at that intersection will significantly decrease the chances of having an accident with a pedestrian.

Charlotte Addresses Pressing Sidewalk Issues

March 13, 2012 | AS Personal Injury Lawyers

WBTV reports that the Charlotte City Council voted on Monday, March 26, 2012, to find some money in the city budget to fix some of the troubling city’s sidewalk problems. One of the city’s major reconstruction projects came in significantly under budget, so there are several million dollars available to fix some of the other problems in the city.

There are four sidewalk locations in the city that are a priority for the city. The first is a portion of West Tyvola Road. Two young boys were killed after they were hit by a delivery truck driver at that location walking with their father. One day after the fatal accident, the boys’ father pleaded with the city to add sidewalks to that street to make it safer for pedestrians.

In East Charlotte, the neighbors pleaded for more sidewalks after 17-year-old Brittany Palmer was killed after being struck by a car while she was standing in front of her high school. The section of the road at that location at East Sugar Creek Road is the first priority for the city council.

There are two other locations that are due to receive some much-needed sidewalks: Caramel Road between Colony and Sharon View and Nevi Road, near Lake Drive. The lack of sidewalks at these locations forces pedestrians to walk in the street, which forces drivers to be particularly cautious. Many times drivers are too distracted and do not pay attention to their surroundings.

The addition of sidewalks is not always met with such enthusiasm. Some residents have actually complained about losing trees in their neighborhood or having their property damaged by the addition of the concrete. However, the city is going to move forward in its attempts to make pedestrians safer.