Injuryboard Commentary - Injury Lawyers

N.C. Transportation Agency Sends Unsafe Twitter Updates about Traffic to Motorist

John Cooper — Mon, 28 Sep 2009 20:36:00 GMT

My colleague, John Cooper, wrote an article on the Northeast North Carolina Injuryboard blog about the N.C. Department of Transportation’s apparent disregard to the new texting while driving laws. To read the full article about this government agency’s unsafe practice of tweeting motorist of traffic snarls on the popular Twitter microblog platform, click here.

A number of state transportation agencies have begun offering motorists up-to-the-minute traffic updates on Twitter. Just be careful that you don't check them while behind the wheel, because you could end up with a ticket.

At least 22 states ban texting while driving, but also offer some type of electronic service providing information about traffic jams, emergencies and other road conditions. Safety experts and some politicians are calling that a dangerous mixed signal.

Minnesota lawmaker Frank Hornstein says, "You shouldn't be fiddling around with any kind of electronic gadget in your car while driving." State transportation officials insist they are not encouraging people to get online while driving.

Rather, they say drivers should check their tweets before getting on the road. The danger caused by texting while behind the wheel is no joke, and as an extremely graphic PSA from the UK shows in almost unbearable detail, the results can be truly deadly.

Originally posted at InjuryBoard by John Cooper

4 Injured in SUV Accident on Raleigh’s I-485 Loop

Emily Mapp Brannon — Fri, 25 Sep 2009 16:30:00 GMT

Teaser: My colleague, Emily Mapp Brannon, wrote an article on the Northeast North Carolina Injuryboard blog about a recent crash involving an SUV that sent 4 people top the hospital. To read the full article about the crash that hurt 4 occupants of the SDVU as it slammed into the guardrail, click here.

It took 22 firefighters nearly 20 minutes this Saturday morning to free three people trapped in a vehicle after a collision on the inner loop of I-485. According to the N.C. Highway Patrol, a Kia Sorento SUV hit a guardrail between South Tryon Street and Arrowood Road at about 7 a.m.

The vehicle overturned several times, trapping three of the four occupants inside. All four were taken to Carolinas Medical Center, one with life-threatening injuries. The Highway Patrol is investigating.

Car Crash Stats: There were nearly 6,420,000 auto accidents in the United States in 2005. The financial cost of these crashes is more than 230 Billion dollars. 2.9 million people were injured and 42,636 people killed. About 115 people die every day in vehicle crashes in the United States -- one death every 13 minutes.

Shapiro, Cooper,Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Emily Mapp Brannon

Coast Guard Holds Initial Hearing in Fatal Ocean Isle Parasailing Death

Rick Shapiro — Thu, 24 Sep 2009 16:19:00 GMT

The U.S. Coast Guard has scheduled a hearing next week for the deaths of two women in a parasailing accident off Ocean Isle Beach last month. Authorities said the Sept. 23-25 hearing will help the Coast Guard develop conclusions and recommendations to improve the safety of parasailing vessels.

Sixty-year-old Cynthia Woodcock of Kernersville, and fifty-five-year-old Lorrie Shoup of Granby, Colorado, went parasailing off Ocean Isle Beach on Aug. 28 while on a trip with Woodcock's aunt, Sybil Carpenter of Cary, and another friend. When they were parasailing the tow rope for their parasail snapped, and Woodcock and Shoup drowned when they were caught in a rip current and pulled out to sea.

Tropical Storm Danny was kicking up wind and waves along much of the coast that day, but tropical storm watches that covered the Outer Banks didn't extend southward to Ocean Isle Beach. The Coast Guard plans to hear testimony from the crew of the parasailing boat, Tied High, several passengers and representatives of the National Weather Service and the Professional Association of Parasail Operators.

The National Transportation Safety Board helped the Coast Guard test and analyzes the parasailing chute, harness, towline and associated equipment following the accident. N.C. Watersports, the company that operated the parasailing boat, closed for the summer shortly after the fatal accident.

Neither the Coast Guard nor the state Department of Labor regulate parasailing operators. Officials said it is considered a recreational activity, like hang-gliding or skydiving. Still, the Coast Guard issued a safety alert to the parasailing industry Thursday, reminding operators to closely monitor current and forecasted weather and sea conditions, especially wind speed.

Shapiro, Cooper,Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Rick Shapiro

Highpoint Toddler is Severely Injured by Car During His Birthday Party

Rick Shapiro — Mon, 21 Sep 2009 12:00:00 GMT

In High Point, NC during a two-year-old boy’s birthday party things turned tragic when police say a reckless driver ran over the birthday boy.

This horrific disaster occurred when car driving in a careless and reckless manner accelerated toward the crowd gathered in the road and yard of the home of the birthday party.

Reported by High Point Police, Maurice Belser was driving this car on Amos Street Saturday Night. Police say Belser continued to accelerate without regard for the people in the street. As a result, he hit the two-year-old, Andre Wright, during the time his birthday was being celebrated.

Belser told WFMY News 2's Ashley Smith he was not driving carelessly or recklessly. He was just heading home when the accident happened, "There was just cars. All the cars were on this side of the street, so I couldn't see when I was turning the corner."

A teenager who was at the party said the two-year-old was running out in the street chasing after a balloon when he was hit by the car. The child was transported to High Point Regional Hospital and later taken to Baptist Hospital. He suffered severe head injuries from the crash. He is now listed in good condition at Baptist.

Andre Wright's family said he suffered a fracture to his skull and received three stitches. They expect him home in the next few days.

Belser was charged with careless and reckless driving and assault with a deadly weapon inflicting serious injury. He was placed in Guilford County Jail-High Point under $30,000 bond. He posted bond overnight and has since been released.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), with an office also in Elizabeth City, in Northeast North Carolina (NC), practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. Our Carolina injur law website is: http://carolina.hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a YouTube injury law video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Rick Shapiro

Hertford Teen Dies in Tragic Farming Equipment Accident

John Cooper — Sun, 20 Sep 2009 21:31:00 GMT

In Hertford 18-year-old Keith Cotton of Tunis died from a tragic accident in a tobacco field. The teenager was killed in the accident on Thursday near Harrellsville in Hertford County, N.C. according to the Roanoke-Chowan News-Herald.

The paper says Keith Cotton was trying to clear tobacco jammed in the harvester. While attempting to clean the harvester his shirt got caught in the machinery which caused his unfortunate death. The local sheriff says the 18-year-old had been killed from his injuries in the field.

The sadness about the loss of a man so young can be devastating. Unfourtunate deaths like these can sometimes be prevented though. The young man's death may have been because of faulty machinery that he was working with.

It is important to be aware that when working with heavy machinery and farming equipment that it’s possible that break down of parts can cause accidents. Also in some cases the machinery could be in need of repair. If owner of the equipment was at fault in failing to keep in good repair and that caused the death the can be held responsible.

The maker or seller of the machine could be held liable if the device was designed or made in an unreasonable way making it unsafe. Most industrial equipment has a kill switch that turns it off if something gets caught in the works or has warnings or guards to stop a person from getting killed using it in the normal way.

As an injury lawyer who helps families when a husband, son, or brother is killed in an accident, I hope that this family gets help if the accident was someone else's fault. I truly understand how sad this time can be. It is extremely crucial that you seek legal counsel when such a devatating situation like this happens. If you find yourself facing a similar catastropy from an accident through no fault of your own I am glad to help in any way that I can.

Originally posted at InjuryBoard by John Cooper

On Wrong Way Drivers Causing Deaths: Civil Suits Available Even If No Criminal Charge Filed

Rick Shapiro — Thu, 17 Sep 2009 13:42:53 GMT

Everyday, millions of drivers use America’s roadways in their vehicles. For the most part, we all assume that the other drivers around us will play by the rules and drive in a reasonable way. However, sometimes, other drivers on the road do not drive reasonably and the results can be devastating and heart-breaking. One of the most terrifying events a driver can encounter is another driver coming directly at them the wrong way on the road. In New York in the summer of 2009, a woman in New York driving the wrong way on a highway while allegedly under the influence of both drugs and alcohol struck another vehicle head-on and was responsible for the deaths of eight people including four children who were in the minivan driven by the woman.

Other relevant wrong way drivers causing injuries and deaths:

wrong way drivers | injuryboard Virginia Beach

Wrong Way Driver Causes Fatality in a Car Accident on a Highway in ...

Catawba Woman Dead From Wrong Way Driver | Shapiro, Cooper Lewis ...

Outrage in the community ensued as the public demanded some sort of justice and closure in the new York case above. Some wished there to be criminal charges filed but because the suspect died at the scene of her accident, the criminal charges would have to be filed against her surviving family members, mainly her husband in this case. In some states, a person who allows a drunk driver to get behind the wheel of a vehicle may be charged as an accomplice to the homicide if that driver does indeed cause injury or death.

In the case of Diane Schuler, the wrong way driver in New York, charges are not being filed against her husband due to a lack of probable cause to charge him with any crime. Daniel, her husband, was at the campground with her before she headed home but unless he knew or should have known that she was intoxicated when she began driving, he cannot be held criminally liable.

Despite the fact that no criminal charges were filed or are likely to be filed, Daniel Schuler may still find himself the defendant in wrongful death and personal injury suits. New York’s wrongful death laws Like those in Virginia (VA) and the Carolinas, allow a family to recover, in a law suit, for pain and suffering, medical and funeral expenses, loss of income calculated as if the victim had lived. New York-like many states-also has survival statutes which allow a representative of the victim to sue for pain and suffering and funeral or medical expenses. New York also provides another way be which the victims’ families could recover and that is under a theory of negligent entrustment. The car which Diane Schuler was driving when she crashed that fateful day did not belong to her; it was in fact owned by her brother. If her brother knew or should have known that she had a drug or alcohol problem or that she had a medical condition then he may in fact face civil negligent entrustment responsibility for the accident if he entrusted her with his vehicle despite this knowledge.

It is terrifying to think that wrong way accidents occur as frequently as they do on American roads but it is necessary that such tort claims for the victims’ families be permitted to go forward so that those who have suffered a loss may have some chance at some restitution and recovery; this may be their only chance at justice if criminal charges cannot be filed.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border. The firm handles car, truck, railroad, medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Shapiro, Cooper, Lewis & Appleton’s lawyers are licensed in VA, NC, SC, WV, DC and KY.

RNS:IB

Originally posted at InjuryBoard by Rick Shapiro

Rocky Mount Father Arrested For DWI While Kids on Back of Moped

Rick Shapiro — Wed, 16 Sep 2009 15:48:00 GMT

Last week the Rocky Mount, North Carolina (N.C.) Police charged 44 year-old Antonia Lawrence with DWI and Child Abuse. The father was arrested for taking his kids along for a ride on his moped while he was intoxicated. He was also cited for riding without a helmet.

According to the Rocky Mount Police, the father, Lawrence, told them he was giving his seven and ten year-old children a ride on his moped when he ran off the side of the road, turning it over in a crash. The father’s two children suffered broken legs but have been listed in stable condition according to the police.

Drivers that carry small children as passengers on motorcycles seem to not think about how careless this is. Small children do not have a chance, even with helmets, in a motorcycle accident. While driving on the freeways I have seen motorcycles exceeding the speed limits and a small child sitting behind the driver. I suppose that maybe the parent is looking at saving gas taking them on the motorcycle; however, the safety factor is not worth the risk, especially at high speed on the freeways.

Adult passengers have a better ability to survive a motorcycle accident and adjust to road conditions, they can see around the driver, a child is riding blind and only secured by his own small hand grip and unable to see any of the surrounding traffic. Riding a motorcycle might thrill a child but the risk is too great. The father of this incident has to carry all the blame and loss for allowing this behavior and accident.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), with an office also in Elizabeth City, in Northeast North Carolina (NC), practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. Our Carolina injury law website is: http://carolina.hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a YouTube injury law video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Rick Shapiro

Knightdale Teen Critically Injured After Thrown from Pickup Truck Bed

Jim Lewis — Sun, 13 Sep 2009 00:03:00 GMT

According to Knightdale’s police, a 17-year-old teen is in critical condition at WakeMed after he was thrown from the bed of a pickup truck in northeast part of the town. Upon further investigation of the accident has lead to charging the pickup's driver with driving while impaired.

Authorities have not released the name of the injured teen or the name of the teen driver. The tragic accident occurred last Saturday around 10:30 p.m. on Onyx Lane in the Emerald Point subdivision about a mile from Knightdale High School. When responders arrived at the scene they discovered an injured teen lying in the middle of Onyx Lane.

The report stated that a 2000 Ford Ranger was the vehicle involved in the accident, although the exact cause has not yet been determined. Knightdale’s fire department and emergency medical services arrived at the scene. The teenager that was thrown from the truck was rushed to WakeMed in Raleigh.

According to the police it was determined that four teenagers were involved in the accident. The pickup driver had a passenger, in the front seat with him, while two more teens were riding in the bed of the truck. It should be noted that the driver has been charged with careless and reckless operation of a motor vehicle. He was taken to the Wake County Sheriff's Office, where he was processed and released into the custody of his parents.

Wreckless driving is a mental state in which the driver displays a wanton disregard for the rules of the road; the driver often misjudges common driving procedures, often causing accidents and other damages. Obviously, this teen driver showed a flagrant disregard to the safety of the people that were counting on him to drive within the boundaries of the law. Now, there is a critically injured teen that may be burdened with a physical handicap the rest of his life due to this incident.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), with an office also in Elizabeth City, in Northeast North Carolina (NC), practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. Our Carolina injury law website is: http://carolina.hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a YouTube injury law video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Jim Lewis

Fatal Crash Near Pitt County’s DH Conley High School; Driver Charged

Randy Appleton — Wed, 09 Sep 2009 12:17:10 GMT

According to N.C. Highway Patrol, 21-year-old Ryan Worthington was killed early last Friday in a car that crashed that driven by a drunk driver. State troopers have charged a Pitt County woman with driving under the influence after the accident killed a passenger in her car.

Authorities say 21-year-old Ryan Worthington was killed on Worthington Rd., near D.H. Conley High School in Pitt County. Worthington was a passenger in the car driven by 21-year-old Carla Atallah, according to troopers. They say Worthington was thrown from the car when it flipped, and he died from his injuries. The car accident happened at 2:30 a.m. on Friday. Online court records show the 21-year-old woman has at least one other pending DWI charge.

Drinking and driving is one of the leading causes of death among teens. One or more accidents/deaths, from drinking and driving, occur every 30 minutes. So many teens like to drink to "have a good time" and then they try to drive home. I just wish there was some way to make them understand the consequences and that it's not worth it.

Many people think that it can't happen to them. The truth is, it can happen to anyone. It not only takes lives every thirty minutes, it affects and ruins lives as well. It hurts when families lose a daughter, son or dear friend all because of a drunk driver. It also hurts to know that you were the drunk driver!

BM

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), with an office also in Elizabeth City, in Northeast North Carolina (NC), practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. Our Carolina injury law website is: http://carolina.hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a YouTube injury law video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Randy Appleton

Deadly China Grove Car Crash Kills Man after “Overcorrecting” Vehicle

Jim Lewis — Tue, 08 Sep 2009 12:45:00 GMT

A China Grove man died early last Saturday morning when his truck crashed off Unity Church Road. The victim, William Todd Atwell, 41, of China Grove, was pronounced dead at the scene.

According to NC State Troopers, Atwell was driving south along Unity Church Road near Deal Road close to 2:00a.m. Saturday when his Chevy pickup truck struck two mailboxes on the right, then swerved back onto the roadway and ran back off the road to the right.

The pick-up truck crashed into a utility pole and then stuck an embankment and flipped over and eventually coming to a rest on its side. Atwell, as well as his passenger, Stacy Deal, 40, of Mooresville, were both ejected from the truck. According to evidence the two were not wearing seatbelts.

Walking to a house nearby seeking help, Deal alerted authorities to respond to the crash. Evidently, Atwell was going approximately 70 mph in a 55 mph zone on the two-lane road, as reported by the Highway Patrol.

Unfortunately, tragedy and death are common occurrences on America’s highways. Statistically, over-correcting is a very common occurrence in vehicle crashes leading to serious injury and even death. Although seatbelts are designed to increase the odds of accident survival in a car crash, it does little good when they are not used by its occupants.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), with an office also in Elizabeth City, in Northeast North Carolina (NC), practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. Our Carolina injury law website is: http://carolina.hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a YouTube injury law video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Jim Lewis