Injuryboard Commentary - North Carolina

Sharing the Road in North Carolina- Scary Statistics About Motorcycle Accidents

Rick Shapiro — Tue, 17 Nov 2009 15:35:21 GMT

To some, there is no greater rush then taking a motorcycle out on an open North Carolina (NC) highway on a clear, sunny day. Riding a motorcycle along Highway 441 through the Great Smokey Mountains National Park when the roads are open and the weather is nice can be a thrilling past time, but it can also be a deadly one.

A report compiled by the National Highway Traffic Safety Administration (NHTSA) states that 5,290 deaths occurred from motorcycle accidents in 2008, 159 of those deaths occurred in North Carolina (NC). Despite increased driver awareness and several campaigns designed to educate drivers on the importance of sharing the road with motorcycles these alarming statistics have been on the rise in recent years. According to the US Department of Transportation’s Fatality Analysis Reporting, motorcycle accident fatalities have increased 150% in the past decade.

There are a few things riders can do to decrease their likelihood of being fatally injured in a motorcycle crash. Most importantly, all riders should always wear their helmets, even on short trips. Wearing a helmet can reduce the risk of death by 29% and are 67% effective in preventing serious brain injuries. Riders may want to consider wearing motorcycle jackets and gloves. This gear is specially equipped with padding that helps prevent abrasions to the skin if the rider was to crash.

Both seasoned and beginner motorcycle riders may also consider taking a course in motorcycle safety. Bike Safe North Carolina is a program offered by the North Carolina Highway Patrol. The program, held at the Highway Patrol Driving Facility in Raleigh, offers Rider Skill Days – a combination of classes and on-the-road training held by police motorcyclists that teaches riders safety techniques as well as basic motorcycle training. Rider Skill Days are conducted on weekdays and weekends for convenience.

Roadways littered with tactor-trailers and cars can be dangerous for motorcycles. By equipping riders with the best driving techniques and advanced safety devices such as helmets and body armor, motorcycle drivers are less likely to be in these staggering statistics.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Rick Shapiro

One Injured in School Bus Accident in Charlotte, North Carolina

Randy Appleton — Wed, 11 Nov 2009 11:16:12 GMT

A school bus driver was injured in a bus accident in Charlotte, North Carolina (NC) after another driver hit the bus while it was parked.

The Charlotte-Mecklenburg school bus was parked on W.T. Harris Boulevard when a passing car was unable to stop and swerved, hitting another vehicle. The vehicle that was struck then went in to the side of the school bus. The accident set off a chain reaction and a total of five cars where involved in the wreck. The driver of the Charlotte-Mecklenburg bus was taken to the hospital to be treated for injuries. Police feel weather conditions were a major factor in the accident.

As a personal injury attorney who frequently represents car accident victims I know first hand how dangerous wet roadways can be. When it rains, all of the accumulated dirt and oil on the roadways come to the surface. Meaning even the thinnest layer of moisture on the roads can cause them to become slick and hard to manage. If you must drive during bad weather be sure to maintain a slow speed. Only go as fast as you feel comfortable driving.

Also, be sure to maintain a safe distance between you and the car in front of you. Breaking suddenly on a wet roadway can cause you to lose control of your vehicle which may lead to a car accident. If you do lose control of your vehicle do not play on your instincts to slam on the breaks. It is much better to apply a steady pressure on the breaks and turn the steering wheel in to the direction of the skid until you are able to gain control of the vehicle again.

Originally posted at InjuryBoard by Randy Appleton

Raleigh, North Carolina Ranked the 6th Most Dangerous Area for Pedestrians

Rick Shapiro — Tue, 10 Nov 2009 21:20:00 GMT

The Raleigh-Cary area of North Carolina (NC) has been ranked the sixth most dangerous area for pedestrians according to a study done by Transportation for America.

The study is part of a larger campaign held by Transportation for America known as Dangerous by Design. The goal of the campaign is to work with legislatures on both federal and state levels to improve roadways for pedestrians. The TFA feels that by adding additional sidewalks, crossways, and reducing speed limits we will be able to cut down on the high number of pedestrian deaths that occur annually nationwide.

The TFA researched the top ten most dangerous cities to walk in for the Dangerous by Design campaign, ranking the Raleigh-Cary area six out of ten due to the 43 pedestrian deaths that occurred in 2007 and 2008 in the area.

The Top Ten Most Dangerous Pedestrian Areas

Orlando-Kissimmee, FL
Tampa-St. Petersburg-Clearwater, FL
Miami-Fort Lauderdale-Pompano Beach, FL
Jacksonville, FL
Memphis, TN-MS-AR
Raleigh-Cary, NC
Louisville/Jefferson County, KY-IN
Houston-Sugar Land-Baytown, TX
Birmingham-Hoover, AL
Atlanta-Sandy Springs-Marietta, GA

The TFA hopes to make every roadway safer for pedestrians to walk along but there are precautions you can take in the meantime if you live in the Raleigh-Cary area. Try to limit your walking to roads that have sidewalks for pedestrians. Always pay attention to oncoming cars, do not assume they can see you. Drivers can easily become distracted and cause an accident in an instant. Finally, use extreme caution when crossing the road. The majority of pedestrian fatalities occur while the pedestrian is attempting to cross an intersection. Follow the street light signals and always check twice for passing cars before crossing.

Originally posted at InjuryBoard by Rick Shapiro

SUV Causes Motorcyclist’s Fatality in Brunswick County

Randy Appleton — Tue, 10 Nov 2009 00:00:00 GMT

Joseph Roger Cross, 32 died Friday afternoon after he was hit by an SUV on his motorcycle last Friday in Brunswick County, NC. North Carolina Highway Patrol reported that Cross was driving his motorcycle along Kirby Road when he was broadsided by an SUV where he died at the scene of the accident.

Authorities say Dorothy Hewett,51, will be charged for failure to yield which resulted in an accident that killed Cross. Hewett was turning left onto her driveway and was not aware of oncoming traffic when Cross ran into her SUV. There was no mention as to whether or not Hewett was injured in the wreck.

According to The Disaster Center's Motor Vehicle Accident Death and Injury data Index, motor vehicles accidents account for more deaths than all natural disasters combined. If you are a male, then you are twice as likely to die in a motor vehicle accident as if you are a female. However, if you’re a woman you are slightly more likely to be injured.

Quoting from the same index, approximately 15% of people who die due to motor vehicle accidents are pedestrians, bicyclists or other wise not in motor vehicles. Over 66% of people who die in vehicles are not properly wearing safety restraints. So, it’s always safe to say that no matter what type of vehicle one is using, it must be your number one rule to think safety and obey all traffic rules.

Originally posted at InjuryBoard by Randy Appleton

Craven County Man Crashes into Restaurant Injuring Four

John Cooper — Sat, 07 Nov 2009 00:50:00 GMT

Donnovan Kendall Yates, 23 will be facing multiple charges as a result of the incident that happened at 4 a.m. at the Bayside Restaurant on Maine Street in Craven County, NC. According to eye–witnesses, Yates had been travelling westbound on East Maine Street when he turned into the parking lot and crashed into the restaurant. Apparently, the act may have been intentional and brought about by a domestic dispute.

Four people sustained minor injuries, including Yates himself. Curtis Adams, co-owner of the restaurant had to be brought to Carolina East Medical Center wherein he received 19 stitches for a cut over his left eye. John Adams, Curtis’ father, also injured his arm. The place was mangled and it will take probably months to repair the property damage. Yates will have to face the consequences of his irresponsible behavior.

According to the National Highway Traffic Safety Administration (NHTSA), 66 percent of all annual traffic fatalities are caused by aggressive driving actions, such as passing on the right, running red lights and tailgating and even driving while angry can be categorized under aggressive driving. Statistics show that there has been a 51 percent increase in aggressive driving incidents since 1990. Of particular note, 37% involved the use of firearm, 28% involved other weapons, and 35% involved the use of car as a weapon.

The insurance company may refuse to pay a claim if the act was intentional. The policy probably excludes acts where the driver meant to do the harm rather than having done so by accident. So, it may be important for the claims here to be for the bad guy’s negligence so they are paid.

Originally posted at InjuryBoard by John Cooper

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Car Crashes into Mecklenburg Health Care Injuring Employee

Jim Lewis — Fri, 06 Nov 2009 00:43:00 GMT

Last Thursday, around 10 a.m. an accident happened at Mecklenburg Health Care in Charlotte, NC. An employee of the health care center whose name has been withheld was immediately rushed to the hospital when a car crashed into the health center. The employee’s exact condition was not released.

Fire-fighters and first responders came to the rescue and removed the car from the rubble, and stabilized the building. Fortunately, the crash did not affect patient care in the least. Meanwhile, the driver of the car who is at fault did not sustain any serious injuries from the crash.

According to a 1985 report based on British and American crash data found driver error, intoxication and other human factors contribute wholly or partly to about 93% of crashes. Statistics of vehicle-property damage is fast rising and it is even more uncertain than for injuries. Most common conclusions as to why these accidents happen would be distracted driving, speeding, or even drivers may be under influence.

Originally posted at InjuryBoard by Jim Lewis

2 NC judges nominated to fill vacancies on the 4th Circuit Court of Appeals.

Greg Jones — Thu, 05 Nov 2009 09:51:09 GMT

President Obama has nominated two North Carolina judges to fill vacancies on the U.S. Court of Appeals for the Fourth Circuit. Wednesday, Obama nominated Judges Albert Diaz and James Wynn to fill seats in the appeals court.

Diaz currently serves as a special superior court judge for complex business cases commonly reffered as "Business Court". Wynn is currently on the the North Carolina Court of Appeals.

In 2001, Diaz became the first Latino to take the bench in the North Carolina Superior Court.

Wynn chairs the ABA's Judicial Division.

According to Sen. Kay Hagan, D-N.C., since 1801, only six North Carolinians have served on the U.S. Court of Appeals for the Fourth Circuit. Currently, Judge Allyson Duncan is the only judge from North Carolina sitting on the court.

I have had the pleasure to know Judge Wynn for quite some time through the North Carolina Advocates for Justice. Recently I appeared before Judge Diaz on a very complex securites matter. Both are fine jurists and a credit to the North Carolina Judicial System.

Originally posted at InjuryBoard by Greg Jones

Guilford County Hit and Run Kills Greensboro, N.C. Man

Emily Mapp Brannon — Wed, 04 Nov 2009 00:29:00 GMT

Friends of David Sherman, 55 were shocked when they heard of his death last Saturday. Sherman was the Vice President of Trinity-based Sealy Corporation and played violin in the Greensboro Philharmonia. Friends say that he was a cautious cyclist who obeyed the rules of the road so it was unbelievable for them that he would die in this manner. According to NC Troopers, Sherman was cycling on Church St. just north of Greensboro, NC when he was struck from behind by a vehicle. The vehicle did not stop after the impact to the bicyclist. An eye witness identified the vehicle as a silver Durango and investigators believe that the SUV will have extensive windshield damage due to the impact.

Authorities said Monday they had already located the vehicle that they believed could be linked with Sherman’s death. Investigators, together with the NC Highway Patrol, put up police tape around a Silver Durango which they found at a home in Rockingham County, as they checked for evidence. Charges are pending against the driver until they can pin point exactly where he is located. Sherman’s friends are putting together a reward for information leading to an arrest in the case.

Hit-and-run is defined by Wikepedia, as a crime of colliding with a person, their personal property (including their motor vehicle), or a fixture, and failing to stop and identify oneself afterwards. In December 2004, a review of hit and run accidents 48% of 110 recorded hit and run fatalities were pedestrians. This was followed by 20% passengers in an automobile, 9% were bicyclists, 8% were drivers of an automobile, and 7% were outside a disabled or stopped vehicle, and 6% motorcyclists. It can be noted that 10 of the 98 victims were 18 years of age or younger and 13 were over the age of 60. 33 were female, and race or nationality is not calculated.

This unfortunate incident is a reprehensible and irresponsible act of cowardice. It is almost unimaginable that there really are drivers who do not respect road rules and so flagrantly disobey the law by running from the scene leaving a person behind injured or dead. The only thing the victim or the family’s victim could do is to hope that the culprit turns himself in or the police can apprehend the culprit.

Originally posted at InjuryBoard by Emily Mapp Brannon

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Randy Appleton — Mon, 02 Nov 2009 23:43:00 GMT

Originally posted at InjuryBoard by Randy Appleton