North Carolina

Experts Say Map Programs Just As Dangerous As Texting

June 19, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Should I trust the insurance adjuster?”

Though we have all heard about the dangers of texting while driving, many may not realize that other activities, such as mapping while driving, can be just as deadly. The Department of Transportation has decided to publicize the dangers of mapping behind the wheel and is even seeking legislative approval to regulate those companies that make mapping software.

The issue of mapping behind the wheel is not only potentially dangerous, but actually a legal question. In some states, mapping is not among those activities specifically prohibited. Instead, laws are designed to target texting, emailing or even placing phone calls, but may not actually address mapping.

A recent case out of California brought this issue to light; after a driver was cited for distracted driving and later won an appeal of his case. The judge decided that the law did not cover mapping and so his ticket was thrown out of court. The court decided that only if the person had engaged in dangerous or reckless driving, by swerving out of the lane of traffic, could the cop have properly issued a ticket.

Some in the industry believe that mapping presents all the same dangers that texting does. To use Google Maps, Yahoo or Waze, a driver needs to devote his or her attention to the screen of their mobile phone, taking the eyes off the road in front of the car. Though the programs are meant to be simple to use, even short distractions can prove deadly. That is why the Department of Transportation says it wants the authority to regulate these mapping products.

Woman Charged After Motorcyclist Killed

June 17, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

Police in Charlotte have filed formal charges against a woman they say is responsible for the death of a motorcyclist. The accident happened Saturday morning at the intersection of Providence Road and Wendover Road.

According to law enforcement officials, the crash occurred when James Johnson was riding his Harley-Davidson motorcycle down Wendover Road. Susan Brown, in her BMW X5 SUV, pulled out directly in front of Johnson.

Police officers say that Brown was in the left turn lane and had a flashing yellow arrow at the time, meaning she failed to yield the right of way to Johnson who had a green light. When she turned in front of Johnson, the grill of her SUV struck him and ejected him from his motorcycle. The force of the accident threw Johnson into the lanes of Providence Road.

The accident then set off a chain reaction crash, with the front end of the BMW hitting a Ford F150 that was stopped at the red light on Providence Road. Johnson was trapped on the ground between both the BMW and the Ford.

Charlotte Interstate Wreck Caused By Road Debris

June 12, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A pregnant woman was among those injured after a multi-vehicle accident occurred on I-85 in Charlotte. The crash resulted in the closing of all lanes of the interstate and left five people in the hospital with varying degrees of injury.

The crash occurred between Harris Boulevard and Mallard Creek Church Road and happened in the morning earlier this month. According to the North Carolina Highway Patrol, the accident began when the pregnant woman’s SUV collided with debris that was left in the roadway. The debris caused her to get a flat tire, and she pulled over to inspect the damage. When she stopped her car, a passing tanker truck sideswiped her.

Police say there were four others in her vehicle at the time of the accident. Thankfully, the truck driver did a good job in controlling his vehicle, avoiding making an already bad situation much worse. Highway Patrol officials say that the truck was carrying hazardous materials and if it had jackknifed, it would have been much worse for all those involved.

According to emergency responders the tanker truck was leaking fuel after the crash and occupants in both vehicles required medical attention. Five people were ultimately taken to hospitals for treatment of injuries, while three suffered life-threatening injuries and were moved to Carolinas Medical Center.

Exhausted Truck Driver Responsible For Tracy Morgan’s Accident

June 12, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if the medical condition improves before the hearing?”

A recent accident in New Jersey involving actor and comedian Tracy Morgan highlights the extreme dangers posed by exhausted drivers. The crash earlier this month left the former 30 Rock star in critical condition and has now led to criminal charges for the driver of the tractor-trailer responsible for the accident.

Police say the chain-reaction crash began when a tractor-trailer driver, Kevin Roper, collided with Morgan’s chauffeured limousine bus. Morgan was heading back home from a comedy show in Delaware with a group of friends at the time. The accident spread out across the interstate and left one member of Morgan’s entourage dead and two others critically injured. Morgan and the others were airlifted to nearby hospitals for treatment and several remain in intensive care even now.

The driver of the truck has been charged with death by auto and also faces four counts of assault by auto related to the crash. The trucker was given a $50,000 bail and has now hired an attorney to fight for his freedom.

Given the seriousness of the crash and the involvement of a commercial motor vehicle, investigators with the National Transportation Safety Board stepped in to examine what may have caused the accident. A recent report issued by the NTSB says that the driver of the rig that slammed into Morgan’s van was speeding at the time of the crash and was likely exhausted from working more than 13 consecutive hours.

Drunk Driving Responsible For Ambulance Accident

June 10, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “The insurance adjuster is saying I am partially negligent what does that mean?”

Police in Gaston County, North Carolina say that five people have been injured after a car and an ambulance were involved in a crash. The wreck occurred in the later afternoon and took place on a busy stretch of highway.

According to officers with the North Carolina Highway Patrol, the crash occurred when an ambulance operated by two EMTS was hit by an oncoming car carrying three people. The ambulance was from the Stanley Fire and Rescue and was in the process of responding to an emergency call at the time of the accident.

Emergency responders say that four of those injured in the accident were ultimately transported to CaroMont Regional Medical Center for serious but non-life threatening injuries. The other person was taken to Carolinas Medical Center in Charlotte and is said to have suffered serious harm.

Stunningly, the terrible accident was caught on video thanks to in-cabin cameras located on the newer ambulances operated by Stanley Fire and Rescue. The driver of the ambulance was Roger Arrowood, a part-time employee who survived with relatively minor injuries.

North Carolina Legislature Considers Moped Regulations

June 5, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A North Carolina Senate committed has added language to a piece of legislation that will now require drivers of mopeds to purchase liability insurance before legally operating the vehicles on state roadways. The measure, House Bill 1145, has already been approved by the house, though the new language will need to be agreed to before the bill progresses any further.
The language attached by the Senate says that moped drivers are required to register their vehicles with the North Carolina Division of Motor Vehicles, in addition to purchasing liability coverage. Moped drivers will have until July 1, 2015 to comply with the new regulations.

Under current North Carolina law, mopeds are not among those vehicles that must be registered or insured in the state. Mopeds are also not subject to any property taxes, allowing owners to essentially avoid any fees associated with their use.

The new measure would require moped owners to pay a $15 registration fee as well as demonstrate to the Division of Motor Vehicles that the moped was designed and manufactured specifically for highway use. These requirements mirror those for motorcyclists, something that some legislators believe is necessary to guarantee the safety of all North Carolina motorists.

Alcohol And High Speed Responsible For Deadly Charlotte Crash

June 3, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

Police in Charlotte say that a recent deadly accident likely involved high rates of speed and alcohol. Law enforcement officials say they believe the two risky behaviors combined to cause the death of a four-month-old girl as well as injuries to five other people.

Police officers say that a 21-year-old driver was seriously injured in the accident and is believed to be responsible for the collision. The man, Thabiti Ashim Pierre-Louis, has been charged with felony death by vehicle, reckless driving, possession of marijuana and contributing to the delinquency of a minor.

The wreck happened around three in the afternoon when Pierre-Louis was in his 2000 Nissan Altima heading north along Old Statesville Road. Investigators say they believe that the 21-year-old then tried to pass another car, but eventually lost control and crashed into a telephone pole located near the driver’s door.

The force of the collision resulted in the car being flipped, landing on its roof. Given the position of the car, it’s understandable why the accident resulted in such severe injuries to passengers. The four-month-old child sustained critical injuries and was pronounced dead at the scene of the crash by emergency medical responders.

Woman claims anxiety over work commute entitles her to damages

May 29, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can my employer fire me because I filed a workers’ compensation claim?”

A New Jersey woman is driving workplace discrimination claims in a new direction, claiming that congested roadways on her work commute aggravated her “great anxiety and depression.” The woman, Andrea DeGerolamo, doesn’t blame Gov. Chris Christie for the congestion; instead, she blames her former employer, Fulton Financial Corp., for not letting her change her work schedule to avoid it.

DeGerolamo alleged in the suit that her doctor mandated the change in commuting times after determining that DeGerolamo was clinically depressed and that her condition was “especially aggravated by crowded roadways during the heavy traffic of rush hour.”

Fulton hired DeGerolamo in 2007 as a marketing coordinator. In her suit – premised upon New Jersey’s workplace antidiscrimination act – she alleged that Fulton refused “to enter into an interactive dialogue… aimed at reaching a reasonable accommodation.”

DeGerolamo alleged that she took a medical leave of absence in 2012, but after returning to work she was terminated. She said her termination amounted to discrimination, based on her efforts to “address alleged workplace bias.” She also alleged that Fulton retaliated against her for using the Family Medical Leave Act to take some time off.

In the lawsuit, DeGerolamo sought damages for lost wages and benefits, front pay, medical insurance, punitive damages, emotional distress damages, and attorneys’ fees. Fulton has removed the case to Federal Court, where it is pending in the New Jersey District.

New “fracking” law anything but by and for the People

May 27, 2014 | AS Personal Injury Lawyers

Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I have been injured on another person’s property. What should I do now?”

If Carole King still feels the earth moving under her feet, it may not be Carolina’s own James Taylor. Soon it could be Carolina herself.

With Gov. McCrory’s signature on new legislation, the Tar Heel State took some giant steps towards beginning hydraulic fracturing (“fracking”) – a process of natural gas extraction that uses horizontal drilling and the injection of sand, water and chemicals into shale formations deep underground. Fissures made in the formations by the injections allow natural gas to rise to the surface, where it is captured.

The state legislature has been working on the issue since at least 2010. North Carolina’s 1945 Oil and Gas Conservation Act prohibited horizontal drilling, so legislators had to change the law in order to sanction hydraulic fracturing.

While the state legislature has been moving to the right in recent years, the “fracking” legislation – rife with apparent political and corporate cronyism – leaves little over which Conservatives can crow.

An unelected commission is tasked with “energy modernization,” which means local communities that do not want hydraulic fracturing will be forced to accept it. If a community wants to know how a company plans to conduct its operation, it can’t.

If you get sick and your doctor wants to know what chemicals you might have been exposed to, he or she can find out, but only after signing a written waiver promising not to tell anyone. Ditto on the fire chief; he or she has to sign a written waiver while the inferno is raging because a “fracking” company’s intellectual property is more important than putting out a fire. If “fracking” information leaks – no pun intended – the leaker is a criminal.

The bottom line on “fracking” is the legislature has said “We’re doing this, you’re not going to stop us, and we’re not even going to tell you how we’re doing it. Ever.”

Overcorrection Leads To Deadly North Carolina Car Crash

May 22, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “If I am injured in a car accident or at work what should I do?”

One person has been charged and another is person is dead after a terrible two-car crash in North Carolina took place earlier this month as a group of friends were heading to a neighborhood cookout. The accident left 22-year-old Jatara Moore dead and six others seriously injured.

Police say the crash happened just before 10 p.m. on Highway 601 in Salisbury, North Carolina. Authorities believe that the two cars involved in the crash were heading in opposite directions when one of the vehicles carrying five people lost control and veered off the road.

The driver of the car that eventually lost control overcorrected and ended up sliding across the road, leading the driver of the oncoming car to smash into the side of the skidding vehicle. Moore was a passenger in the skidding vehicle and her side of the car absorbed the brunt of the impact of the crash. The other car involved in the accident had two occupants at the time it T-boned the out-of-control car.

Emergency responders arrived at the accident scene quickly and found Moore dead, having suffered catastrophic injuries. The driver of her vehicle, a 19-year-old, is being charged with misdemeanor death by vehicle, according to officials with the North Carolina Highway Patrol.