The victim broke her arm and suffered other serious injuries in the accident, which occurred in July of 2007. After piecing together evidence of untrained park workers missing signs the tree was rotting, her attorneys claimed negligence and sued the city for damages in the accident. It was not the first time the 80-foot elm tree, one of the biggest in the city, had experienced plummeting branches and limbs. The city settled the personal injury suit for $4 million last February.
]]> This suit is just one of several others settled or pending in the past 10 years that involved injuries or wrongful deaths caused by falling branches and limbs throughout the city and costing the city millions in damages and attorneys fees. And it is no coincidence that these personal injury suits come at a time of deep cuts in the maintenance budgets, which includes the amount of money spent on tree care and safety, in every city across the nation.Just how much responsibility does a city like Greenville have in protecting residents from falling branches? The appeals courts in NYC agreed with the victims' attorneys in that the city has more responsibility, not less. Although the city aggressively denied responsibility in several cases, the appeals courts disagreed. The testimony and records in these cases raise a number of safety concerns both locally and nationally, it's a problem everywhere there are trees. Think state and national parks, cities, counties and other public outdoor areas.
Many tree-care experts feel that these budget cuts in tree care programs will result in more accidents and payouts for damages. Wouldn't those million of dollar in pay outs be much more useful in the prevention of accidents, rather than a response to them, asked one college forestry professor.
Source: The New York Times, "Neglected, Rotting Trees Turn Deadly," William Glaberson, May 13, 2012
]]>These statistics demonstrate the very real risks on the nation's roadways. Thus it is imperative for automobile drivers to be ever vigilant when sharing the road with motorcycles and recognize that motorcycles have the same rights and privileges as do cars. The "Start Seeing Motorcycles" campaign has been around for decades, however it remains as relative today as it ever was.
]]> Motorcycles are simply harder to see than passenger vehicles and are far more vulnerable to impact and other hazards on the roads. Simple actions like using your turn signals and being vigilant about using mirrors and checking blind spots before changing lanes can really make a difference in the number of motorcycle fatalities caused by automobile drivers.Likewise, motorcyclists need to be aware of the inherent risks they undertake when sharing the roadways with other, larger vehicles. Wearing brightly colored clothing and DOT-approved helmets as well as following behind vehicles at a safe distant can make a major difference in reducing the number of accidents. And always be aware of your surroundings and the potential for riding in the blind spots of other drivers.
Some interesting statistics from the NHTSA include an almost 20 percent increase in helmet usage from 2005 to 2009, and helmets saved the lives of more than 1,820 motorcyclists in 2008.
With gas prices being what they are it is not surprising motorcycle sales are on the rise. Harley Davidson announced a 25 percent increase in sales from the same quarter last year, a rather significant increase. And even more importantly, the company said one-third of its sales included new riders. With less experienced motorcyclists on the roads, it is more important than ever to be diligent when sharing the roadways this summer.
Source: Consumer News, "Motorcycle Safety Awareness Month reminds drivers, riders to share the road," Jeff Bartlett, May 1, 2012
]]>The owner of the home, who had been sleeping on the other side of the wall when the car crashed into the house, said it was the cement foundation that saved his life. He was taken to the hospital for a head injury. The driver of the vehicle was also transported to the hospital where he is recovering from his injuries after being ejected from his vehicle. A family friend and her two children, who were staying at the home at the time of the crash, were not injured.
]]> The drunk-driving accident has many people wondering how a repeat DWI offender is able to get behind the wheel and drive drunk again. What can be done about repeat offenders who do not learn from their mistakes or realize they could kill someone? One State Trooper said in dealing with DWIs every week he thinks it sometimes takes an extreme event for an offender to decide to change his or her habits.Somehow repeat offenders need to realize their actions have far-reaching effects on other people's lives and the current punishments are sometimes not enough to deter repeat offenders from drinking and driving. One criminal defense attorney stated there are several options the courts have in punishing DWI offenders, including jail time, license revocation and installing breathalyzers in their vehicles. The courts normally revoke a repeat offender's license however, there are ways to get their license back, or they can choose to simply drive without a license, as in this case.
The driver was charged with felony DWI. Car accidents are one of the leading causes of personal injury and wrongful death claims in this country. If you or a family member has been injured by the reckless or negligent actions of another, such as a drunk driver, you may be entitled to compensation for your injuries. A personal injury attorney can explain your rights and the steps you can take to protect those rights.
Source: CBS 9 On Your Side "Update: How does a repeat DWI offender end up behind the wheel again?," Katie Banks, April 27, 2012
]]>The driver in the vehicle in front of the police cruiser complained of soreness, no further information was available on his injuries. The 23-year-old driver of the vehicle that caused the crash and his 21-year-old passenger were uninjured in the multi-vehicle accident. That driver has now been charged with reckless driving, failure to move over for an emergency vehicle and failure to reduce speed by the North Carolina Highway Patrol.
]]> If you have ever been in a rear-end collision you know the head and neck injuries can that can result from the jolt to the head caused by the sudden impact. Traumatic brain injuries can result when the brain collides with the skull tearing tissue and muscle in the process. Initially an accident victim may only feel a stiff or sore neck, however can develop chronic headaches or other symptoms over time that are a direct result of the accident.Some injuries can lead to further medical complications if not diagnosed and treated properly. That's why it is important to seek immediate treatment following a car accident, whether or not you feel any serious symptoms immediately following the event. A medical professional can tell you what symptoms to look out for and steps you can take to protect your health.
After treatment it might also be beneficial to contact a personal injury attorney with experience in representing accident victims if the accident was caused by the reckless or negligent acts of another.
According to a 1st Patrol Sergeant with the Highway Patrol, the move over law was created because of similar accidents that resulted in the death of two troopers. This particular wreck in which the 23-year-old was charged with violating the move over law could have been much worse and is a good example of why the law was enacted, he said. The Trooper is now recovering at home.
Source: The Daily News Jacksonville, "Man charged in wreck that injured trooper," Lindell Kay, April 18, 2012
]]>According to reports, the man was born in Santa Ana and moved out of state when he was 7-years-old. He had been walking around a neighborhood in the city around 9:30 p.m. in December of 2010 when two gang officers ordered him to stop. The young father complied with the police officers' request and was standing with his hands up when one of the officers approached him from behind and fired his gun into the back of the man's head, killing him. The victim had done nothing wrong.
]]> Initially, police officials told the media that the man had attacked the officers with a knife and the man had been shot in the chest. According to the attorney for the surviving family members, the police version was a blatantly false fabrication in an attempt to cover up police misconduct in the illegal killing of the tourist. The lawsuit claimed the killing was reckless and intentional and demonstrated an overly aggressive law enforcement policy by the city's police department.Apparently the city was afraid a jury trial may have resulted in the surviving children receiving a significantly larger financial reward so they opted for a pre-trial settlement in the case. The $1 million settlement was arranged through mediator. The plaintiff's attorneys originally requested $20 million in the wrongful death suit. County prosecutors are reviewing the possibility of filing criminal charges against the officers involved in the shooting.
Source: OC Weekly, "Santa Ana Police Pay $1 Million For Pre-Trial Settlement To Family Of Man Killed By Cops," R. Scott, Moxley, April 4, 2012
]]>The video data from the study showed that 7 percent of teens used electronic devices, which was the most common distracting activity for both boys and girls. Other forms of potentially distracting activity teens engaged in occurred 15 percent of the time, with girls almost twice as likely to use electronic devices as boys. Boys on the other hand were 50 percent more likely to reach for an object or turn around in their seats.
]]> Another interesting finding was that the first six months for a teenage driver is "highly dangerous" because they are still learning the need to focus on driving. And as they get more comfortable in the driver's seat, distracted behavior tends to become more prevalent.If you or loved one has been injured through the negligent actions such as distracted driving of another person, you are entitled to recover damages for your injuries. Contact a personal injury attorney to discuss your case and the steps you can take to file a claim.
Distracted driving is a serious issue as the American Automobile Association released its annual Traffic Safety Culture Index report earlier this year. Of the driver's it surveyed it found that in the previous month, 32 percent admitted driving while drowsy, 35 percent admitted to having read an email or text and 26 percent had sent a text message while driving. This is troubling data indeed.
Source: Ocala.com, "Study shows level of distracted driving among teens," Michael Sykes, Mar. 27, 2012
]]>The study resulted in some interesting findings, including that teens are less likely to text or talk on a cellphone when there is a passenger in the vehicle; however they are more likely to take other driving risks when peers are in the vehicle. Although distracted behavior, such as texting or rambunctious conversations, did not always result in a car accident the study did show there was a strong correlation to the two events. Distracted driving has been linked to a number of fatal accidents.
]]> And distracted driving is not exclusive to teenagers either. Because it is a serious issue everywhere and more and more states are passing laws banning the use of cellphones and other electronic devices by drivers. Distracted driving and exhaustion was blamed for a contributing to a crash involving a semi-truck that crashed into the rear-end of a school bus killing a North Carolina middle school student in 2008.When a person is injured or dies through the negligent actions of another, such as drunk driving or distracted driving, they or their family are entitled to receive compensation in the form of a personal injury or wrongful death claim. Consult with a personal injury attorney to learn your rights and if you are due any compensation for damages or injuries suffered through the negligent actions of another.
Distracted driving is a serious issue and even some cities and counties have established laws that completely ban the use of cellphones by drivers in their jurisdiction. Watch for our next post that expands on data found in the American Automobile Association's study on distracted driving.
Source: Ocala.com, "Study shows level of distracted driving among teens," Michael Sykes, Mar. 27, 2012
]]>The fatal accident occurred west of Lexington when the motorcyclist was travelling east on Old U.S. Highway 64 West when a truck made a left hand turn onto the highway and pulled into the path of the motorcycle, according to the North Carolina Highway Patrol. The crash happened in the intersection of E.L. Myers Road and Old U.S. Highway 64 West.
]]> Springtime brings out more and more motorcycles, along with the high gas prices, so it is important to be ever more diligent with driver safety. The loss of a loved is always a tragic event and when it occurs suddenly the trauma can be overwhelming for the surviving family members.Car and motorcycle accidents happen every day and are one of most preventable causes of death. As much as we try to be safe when we get behind the wheel we cannot always predict the actions of other drivers on the road. When an accident is caused by the negligent actions of another, such as running a red light, reckless driving or driving while intoxicated, there are certain laws that can assist family members affected by these actions.
A personal injury attorney can help family members understand their rights in seeking compensation for damages in a personal injury or wrongful death case. Damages can include medical and funeral expenses, lost wages and pain and suffering.
No charges have been filed against the driver of the truck as the accident is still under investigation. Speed is being considered as a possible factor in the accident. The speed limit at the location of the accident is 45 miles per hour. The driver and two passengers in the truck were not injured.
Source: The-Dispatch.com, "Driver of motorcycle dies in accident with truck," Darrick Ignasiak, Mar. 23, 2012
]]>The driver, a 50-year-old male from Westminster, was the only occupant of the van who was uninjured. He was driving west around noon when reports say his van veered off the right side of the road and, when he tried to correct the steering he then travelled too far to the left side of the road and hit an embankment causing the vehicle to overturn.
]]> The driver of the van has been charged with driving too fast for the conditions. What exactly those conditions were that warranted the charges was not reported. The accident resulted in five of the injured suffering multiple traumas to the head and, in addition to the three seriously injured victims requiring an airlift to the hospital three others were transported by ambulance to a different hospital.Anytime someone is involved in a car accident that includes sudden impact or a jolt to the head or neck, severe brain or spinal cord injuries can result. When the head or neck is suddenly jolted or snapped the initial symptoms can include whiplash or a stiff neck but can later develop into much more severe injuries, including traumatic brain injury, paralysis or death.
If you have been involved in a car or truck accident it is extremely important to consult a medical professional who is experienced in treating accident victims and related injuries as soon as possible. A doctor will know what to look for in your particular accident case and tell you what symptoms to look out for in your recovery.
In addition to medical attention, accident victims who are injured through the reckless or negligent actions of another may want to seek legal counsel in order to protect their rights and recover any damages, such as medical expenses, rehabilitation costs and any lost wages they may have incurred as a result of the accident.
Source: Independent Mail, "Six people injured in wreck outside Westminster," Anna Mitchell, Mar. 18, 2012
]]>An ignition interlock device is an alcohol breathalyzer that a driver blows into before he or she can start their vehicle. If alcohol is detected and it exceeds the preset level the car will not start. According to the National Highway Traffic Safety Administration, in 2010 alone 10,228 people died in drunk driving related car accidents.
]]> The IIHS study found that an ignition interlock law that included all people convicted of DUI reduced the rates of recidivism by almost 12 percent. More states should be encouraged to implement mandatory interlock laws for anyone convicted of DUI, not just repeat or hard-core offenders with a 0.15 percent or higher blood alcohol level.Seven states, including North Carolina are currently considering enacting ignition interlock laws and 15 states already have such a law. The Mothers Against Drunk Driving organization supports mandating all people convicted of a DUI be required to install the device. The national president of MADD said the IIHS study shows the ignition interlock devices works in saving lives. She went on to say that MADD will continue to work with lawmakers on a national level to encourage this kind of legislation.
A transportation funding bill currently being considered by the U.S. congress would provide financial incentives for states that mandate these devices for all DUI offenders.
Source: WFMY News 2, "NC One Of 7 States Considering Ignition Locks For DUI Offenders," March 06, 2012
]]>According to the report the victim was thrown from his moped after being hit by the patrol car driven by a Greenville police officer. The victim was taken to a hospital where he later fell into a coma where his status has remained unchanged for more than a week. However the patient is showing signs of progress, the report stated.
]]> Motorcycle accidents are similar to moped accidents in that when a passenger vehicle is involved the crash can result in catastrophic injuries due to the impact of a much larger object colliding with a smaller, lighter object. The motorcycle driver, or moped driver in this case, is vulnerable to the larger vehicles on the road. Even a minor bump in a parking lot can result in a serious jolt to the head or neck causing serious injury.The Highway patrol is in charge of the investigation and reports indicate an internal review by the police department will be conducted. Police are saying early reports point to low visibility as a possible cause in the accident; however investigators are looking at other possible causes as the Highway Reconstruction Unit continues its investigation.
If the police officer is determined to be at fault in this accident the victim's family may be able to recover compensatory damages in the form of medical expenses, lost wages and rehabilitation costs.
Source: Eyewitness News 9, "Early morning crash leaves 17-year-old in coma," Alex Freedman, March 02, 2012
]]>Earlier this week, a North Carolina fatal accident claimed the lives of two prominent Belmont residents. They were killed by a drunk driver who sped through a license checkpoint, ran a red light and plowed through an intersection. He collided with the victims' vehicle; they died at the scene of the accident.
]]> One victim was a former Belmont mayor, credited with revitalizing the town's commercial district. The other was a longtime science teacher.The drunk driver was a convicted felon on probation for a federal firearms charge. He did not have a valid driver's license.
Highway Patrol Is Investigating
The North Carolina Highway Patrol is reconstructing the accident in the hopes of gathering evidence for an eventual criminal prosecution. The driver is facing charges of second-degree murder, reckless driving, failure to stop at a red light and driving while impaired.
According to investigators, when the man noticed a checkpoint on an onramp to I-85, he charged his vehicle at an officer and then sped away to avoid apprehension. He eventually exited on to Highway 273, reaching speeds of 80 mph in a 40 mph zone.
He eventually crashed into the victims' car, pushing it into a light pole. He then attempted to flee on foot, but was quickly apprehended by police.
In addition to aiding in the man's criminal prosecution, the evidence uncovered in the Highway Patrol investigation will likely prove to be quite helpful if the victims' families decide to pursue a wrongful death lawsuit.
Hopefully, bringing the man to justice will help the victims' families to obtain a measure of closure.
Source: Gaston Gazette, "Investigators Looking for Clues Into Wreck That Killed 2," Diane Turbyfill, Feb. 27, 2012.
]]>Until recently, the law did little to help accident victims achieve a sense of justice. Although they did have the ability to seek monetary damages through a North Carolina personal injury lawsuit, the state's criminal code failed to provide penalties commensurate with the severity of the act.
]]> Recently, though, North Carolina amended its criminal code to make it a felony offense to cause serious injury by vehicle. The charge all but guarantees that a drunk driver who causes serious personal injury will spend some time in prison.Death by motor vehicle could already be punished with prison time.
The increased penalty is certainly needed. Nationwide, drunk drivers kill an average of one person every 50 minutes. In North Carolina, an average of one person per day dies as a result of intoxicated driving. Countless others suffer serious injury.
Law Helps, But Cannot Erase Pain
Recently, one North Carolina family gave thanks for this new law, after the drunk driver who harmed their loved ones was sentenced to a minimum of 41 months in prison.
In that car accident, the drunk driver killed a 17 year-old boy and left a 38 year-old man paralyzed and unable to speak. The family of the 38 year-old man said they were glad to know the driver would be sent to prison, but noted that nothing could take back the pain he caused.
Source: WFMY News, "Stricter Laws Are a Small Relief to Drunk Driving Victims," Liz Crawford, Feb. 22, 2012.
]]>After a spate of fatal accidents involving pedestrians, residents of East Charlotte are doubling-down on their efforts to make sure their neighbors stay safe.
]]> Some residents admit they have not been following traffic rules. For example, many choose to cross the street in the middle of a block, instead of walking to the corner or to a controlled intersection. However, they also think that drivers need to do a better job looking out for pedestrians.After an elderly woman was killed in an intersection last month, neighborhood leaders are also calling on the city to make the community more walkable. For example, they want the city to install "caution" signs to warn drivers slow down. They are also asking police to increase enforcement actions toward unreasonably aggressive drivers.
Pedestrian Safety Tips
The University of North Carolina Highway Safety Research Center has offered some tips to help both drivers and walkers avoid pedestrian accidents.
Drivers should keep the following principles in mind:
Pedestrians, on the other hand, would be wise to employ the following strategies:
By heeding these tips, we can all help North Carolina's communities become safer.
Source: Fox Charlotte, "Pedestrians Say It's Back to Basics After Fatal Accident," Audrina Bigos, Jan. 28, 2012.
]]>According to authorities, the man was driving a rented Budget truck when he crashed into the back of a tractor trailer that was pulled over on the side of the freeway. The man died at the scene of the accident. The truck driver suffered personal injury and was transported to Carolinas Medical Center in Charlotte, but was later released.
]]> Investigators say the driver of the Budget truck likely never noticed the semi before he hit it, although the truck was surrounded by warning triangles.It is unclear how fast the man was driving at the time of the crash. The speed limit in the area is 60 miles per hour.
Always be Vigilant
This accident illustrates just how important it is to always be vigilant while driving. Had the driver of the Budget truck noticed the semi earlier, he may have been able to avoid the truck accident altogether.
The need for caution is even greater when driving a large or unfamiliar vehicle. It isn't always easy to tell how long it will take a vehicle to stop.
Sadly, the driver of the Budget truck left behind a lot of loved ones when he died. He was just 59 years old and had a wife, seven children, 25 grandchildren and one great-grandchild.
If you go out on the North Carolina freeway system, drive carefully. If you see a car, truck or emergency vehicle, move over and give them enough space. Together, we can all help make our roadways safer.
Source: Gaston Gazette, "Gastonia Man Dies in Truck Wreck," Wade Allen, Feb. 7, 2010.
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