August 2007

19-Year-old North Carolina Teen Dies in DWI Car Accident And Adults Are Charged With Serving Alcohol to Minors at a Party

August 28, 2007, by Michael A. DeMayo

Four adults in North Carolina have been charged in the deadly DWI accidental death of 19-year-old Emily Mosely on August 17. Terry Moseley, one of the adults charged, is Emily’s father. He is charged with three counts of giving alcoholic beverages to a minor.

According to North Carolina Alcohol Law Enforcement agents, Terry Mosely purchased alcohol at an ABC store in Greensboro. He then brought the alcohol to a party that was hosted by Sandra McBride, Stephen Dale McBride, and their 21-year-old son Stephen Lee McBride in Walnut Cove. All three of them are also charged with providing alcohol to teenagers.

Emily, her 18-year-old ex-boyfriend Richard Oakley, and her 16-year-old sister drank alcohol that night. Oakley says that that everyone at the party had been drinking. The prescription drug Xanax was also somehow involved.

Oakley lost control of his car near Stokesdale while driving Emily and her sister from the party. The car fell into an embankment on Lauren Road. Oakley and Emily’s sister were not seriously hurt in the car accident, but Emily was thrown out of the motor vehicle and died. Oakley has been charged with reckless driving and DWI (driving while impaired).

Terry Mosely, Stephen Lee McBride, Sandra McBride, and Stephen Dale McBride say they did not serve alcohol at the party.

Wrongful Death
When a person dies because another party acted negligently, the family members of the deceased may be able receive compensation through a wrongful death claim or lawsuit filed against the responsible parties. In North Carolina, surviving family members can recover compensation for a number of damages, including funeral/cremation/burial costs, medical costs related to the treatment of the injuries that led to the wrongful death, loss of companionship, pain and suffering, and loss of financial support.

The statute of limitations for filing a wrongful death claim in North Carolina is two years, and there may be more than one party that can be held liable for your loved one’s death—whether the negligent person(s) acted directly or indirectly to cause the deadly accident.

Deadly accidents also resulting from medical malpractice, dangerous or defective products, nursing home abuse, and unsafe premises can often lead to wrongful death claims and lawsuits against the responsible parties.

Adults Charged in Fatal DWI Accident, My Fox WGHP, August 27, 2007

Related Web Resources:

DWI, NCSU.edu

Wrongful Death Overview, Justia.com

Raleigh Announces Plans to Prevent More North Carolina Pedestrian Fatalities by Improving Capital Boulevard

August 21, 2007, by Michael A. DeMayo

The city of Raleigh wants to spend $420,000 on making road improvements to Capital Boulevard. The 10-mile stretch—going from Durant Road to Peace Street—is the most deadly stretch of road for pedestrians in Wake County.

In the last five years, at least eight pedestrians have died in North Carolina’s capital city while trying to cross Capital Boulevard.

Improvements will include:

• On Brentwood Road: Adding two refuge islands and pedestrian-activated signals at the intersection
• Millbrook Road, Calvary Drive, and Spring Forest: Adding refuge islands, crosswalks, and pedestrian signals
• Bufaloe Road: Adding pedestrian-activated signals at the intersection

The Raleigh City Council has approved the improvements, and now the city will need the approval of the state to implement the changes.

In the United States, there were 4,881 pedestrian fatalities and 64,000 pedestrian injuries in 2005. 70% of the pedestrians who died were men. 48% of all pedestrian deaths took place on a Friday, a Saturday, or a Sunday.

If you or someone you love is a pedestrian who was seriously injured on the road in a traffic accident involving a car, truck, motorcycle, or because any other party acted negligently or carelessly, you should speak with a personal injury attorney right away to determine whether you have grounds to file a pedestrian accident claim.

Injuries sustained in a pedestrian accident can be life-altering if not fatal. Spinal cord injuries, traumatic brain injuries, broken bones, and internal injuries are just some of the many kinds of injuries that can result in a pedestrian-related crash.

The University of North Carolina Highway Safety Research Center offers a number of suggestions for how pedestrians can stay safe on the roads:

• Avoid walking in freeways and areas restricted to pedestrians.
• Cross streets where there are stop signs and crosswalks.
• If you have to walk on the road, walk in the direction that faces oncoming traffic.
• Pay attention. Not all drivers will be watching the roads carefully.
• Cross the roads carefully even when you have the right of way and the motor vehicles on the road are supposed to be stopped.

Capital to become safer for pedestrians, Newsobserver.com, August 21, 2007

Pedestrian Crash Facts, Walkinginfo.org

Pedestrian Safety Tips, Highway Safety Research Center

Related Web Resource:

Designing New Roadways, IIHS.org (PDF)

Former North Carolina Senator John Edwards Asks President Bush to Protect Children From Dangerous Toys Following Mattel’s Toy Recall

August 17, 2007, by Michael A. DeMayo

Democratic presidential candidate John Edwards has written a letter to U.S. President George Bush asking him for better toy testing and stronger measures to keep dangerous toys that are made in China outside the American consumer market.

The former North Carolina Senator’s plea came on Wednesday, one day after toymaker Mattel recalled over 18.2 million toys, many of them made in China. The product recall consists of toys with small magnets that could easily fall off and be swallowed by children. Over 400,000 of the other toys that were recalled were die-cast car toys that were made with unacceptable amount of lead paint.

The recall also includes a number of Barbie toys, Batman toys, Doggie Day Care toys, and Polly Pocket toys. Mattel is the number #1 manufacturer of toys.

In another recall earlier this month, Mattel recalled more toys that were made in China because of reports of dangerous lead paint. Sesame Street and Dora The Explorer toys from Mattel’s Fisher-Price unit were among the toys recalled.

In a press release issued on Wednesday, Senator Edwards cited other instances this year when products made in China had to be recalled—a number of them involved dangerous toys.

August 2007: Mattel recalls 9 million Chinese-made toys because of toxic levels of lead paint and dangerous magnets.

July 2007: Fisher-Price recalls 967,000 plastic pre-school toys tainted with high levels of lead, made by a Chinese vendor.

June 2007: Approximately 900,000 tubes of Chinese toothpaste containing a poison used in some antifreeze products

June 2007: As many as 450,000 tires made in China were recalled after evidence that they could be subject to tread separation– a problem that led to the nation’s largest tire recall in 2000.

June 2007: The FDA issued an alert challenging imports of farm- raised seafood from China, after testing repeatedly found contamination from carcinogens and antibiotics.

June 2007: 1.5 million “Thomas & Friends” made in China are recalled because of toxic lead surface paint.

May 2007: A Chicago Tribune analysis of all lead recalls in the past 30 years since lead paint was banned in the U.S. finds the vast majority of 133 recalls involved Chinese-manufactured products.

March 2007: An estimated 3,500 pets died after eating pet food contaminated with melamine in China

March 2007: 21,000 Sky Ranger toy airplanes made in China are recalled after at least 45 explode in the vicinity of children.

February 2007: Hasbro recalls 1 million Easy-Bake ovens made in China; 77 children report burns after getting hands or fingers stuck.

The U.S. Consumer and Product Safety Commission and the National SAFE KIDS Campaign offers a number of statistics and facts related to toy injuries.

• In 2004, at least 16 children (9 years of age and younger) sustained a fatal toy-related injury and died as a result.
• About 161,000 children (14 years of age and younger) had to go to the hospital because of an injury from a toy. Nearly 50% of these children were 4 years of age or younger.
• The number one cause of toy-related fatalities is choking.
• Suffocation, drowning, strangulation, and accidents involving a child riding a toy were the other main causes for toy-related fatalities.
• Most injuries involving toys take place around a child’s home.
• The head and face region are among the most common areas on the body where kids sustain injuries.

If your child is injured or killed because of a dangerous toy, you could have grounds to file a products liability claim or lawsuit against the negligent party or parties.

Edwards Calls on Bush, Congress to Keep Kids Toys Safe, Campaigns and Elections, August 15, 2007

Toy Injury Statistics and Incidence Rates, Cincinnati Children’s

Related Web Resources:

Mattel Issues New Recall of Toys Made in China, New York Times, August 14, 2007

List of Toys in Mattel Recall, Forbes.com, August 14, 2007

North Carolina Cyclist Dies After His Bicycle is Struck in Collision with Pickup Truck

August 13, 2007, by Michael A. DeMayo

Michael Davis, Jr., a Roxboro resident, died from his injuries, after his bicycle was hit by a pickup truck on Durham Road. Davis was going southbound on U.S. 501 on his bike when he was hit from the back by Lee Wayne Lunsford of Timberlake.

He was declared dead at Person Memorial Hospital in Roxboro.

Bicycle accidents can lead to serious if not fatal personal injuries. Bicycle riders have no protection (except their helmets) when they are in accidents involving other motor vehicles. Scratches, bruises, traumatic brain injuries, spinal cord injuries, broken bones, road burns, and disfigurements are just some of the injuries that can occur in a bike crash.

The Bicycle Helmet Safety Institute offers the following statistics:

• Some 85 million people ride bicycles in the US.
• 784 cyclists died in 2005 in the United States.
• More than 90% of these deaths involved motor vehicles.
• Approximately 540,000 bicyclists are treated in U.S. emergency rooms because of injuries.
• About 27,000 bicyclists are hurt enough that they are hospitalized.

Common accident scenarios involving a bicyclist and the driver of a motor vehicle include:

• A motor vehicle driver overtaking a bicycle.
• A motor vehicle driver merging (or turning) into the bicyclist’s path (or vice versa).
• The motor vehicle driver/bicyclist not yielding the right-of-way.

A person who is injured in a bicycle accident caused by a negligent driver or because a stoplight was defective or there was dangerous debris on the road might be eligible for personal injury compensation.

Roxboro man struck, killed while riding bike on 501 S., Roxboro-Courier.com, July 25, 2007

Bicycling Crashes: Crash Types, Bicycling Info.org

Helmet-Related Statistic, Helmets.org

Related Web Resources:

Bicycle Laws of North Carolina, Division of Bicycle and Pedestrian Transportation

Bicycle Safety Facts and Statistics, Federal Highway Administration

10 People are Injured and One Woman is Killed in Eastern North Carolina When Church Van and Pickup Truck Collide in Head-On Crash

August 7, 2007, by Michael A. DeMayo

One person has died and 10 others were injured during a head-on collision involving a Church van and a pickup truck in Eastern North Carolina on Monday.

The church van was going to a Baptist retreat center in Oak Island when the accident took place. The teenage and adult passengers in the van were members of Boonville’s Charity Baptist Church.

Norma Shore, a 60-year-old Boonville resident, is the woman who was killed in the motor vehicle crash. The injury victims were treated at Hoots Memorial Hospital in Yadkinville and at Wake Forest University Baptist Medical Center in Winston-Salem.

Dwaine Dobbins, the driver of the pickup truck, was injured.

Head-on collisions can often lead to serious if not fatal injuries. They are motor vehicle accidents where the impact has occurred at the front of the vehicle. A car, truck, or motorcycle can become involved in a frontal impact collision, if it collides from the front with another motor vehicle or a nonmoving object. The speed that the motor vehicle was moving at, whether or not the passengers and driver were wearing seatbelts, whether the car or truck was equipped with working airbags, and the circumstances and severity of the crash are some of the factors that can affect whether or not any personal injuries sustained by accident victims are severe and/or fatal.

Common causes of head-on crashes include:

• A motor vehicle going the wrong way on a one-way road
• A car, truck, or motorcycle trying to overtake another vehicle when there isn’t enough passing space
• The driver of the motor vehicle has lost control of the car, truck, or motorcycle, and ends up crossing over the dividing line on the road and into oncoming traffic
• Speeding
• Following another vehicle too closely
• Not stopping soon enough before colliding into another automobile
• Driving under the influence of alcohol
• A defective motor vehicle
• Careless or negligent driving

Church van wreck kills one, injures at least 10 others, Winston-Salem Journal, August 6, 2007

What factors are associated with head-on crashes?, Austin City Connect

Related Web Resources:

Preventing Head On Collisions

Head-On Collisions, Safety Transportation

North Carolina to Inspect Safety of Its Substandard Bridges As Death Toll in Minneapolis Bridge Collapse Rises to Five

August 3, 2007, by Michael A. DeMayo

North Carolina’s Department of Transportation has started looking at its substandard bridges following the deadly highway bridge collapse in Minnesota. A report on the bridges’ safety is expected to be completed by the time the Board of Transportation meets in September.

Oregon Inlet’s Herbert C. Bonner Bridge is considered the bridge with the most safety issues in North Carolina, although the bridge is still considered safe for use. A number of repairs have been recommended to keep it sound for travelers and a replacement bridge is scheduled to be constructed in 2013.

On Thursday, the state’s Transportation Department inspected the bridge in Gaston County that carries N.C. Highway 273 over a canal in Duke Power. It is the only bridge in North Carolina that has a similar design to the bridge that fell in Minneapolis.

The Federal Highway Administration had previously ranked the collapsed bridge in Minnesota as “structurally deficient.” In 2006, 2,256 North Carolina bridges were rated “structurally deficient” while 2,816 were deemed “functionally obsolete.” There are over 17,000 bridges in the state.

In Minneapolis, the death toll is now up to five bodies, although that number is expected to rise. Divers searching the Mississippi River on Thursday discovered 11 vehicles in its water. At least 79 people were injured in Wednesday’s collapse of the eight-lane bridge.

If it can be proven that state or federal departments or any officials or anyone else acted negligently or carelessly when maintaining or managing the Minneapolis bridge and were directly or indirectly responsible for the collapse, any of these parties might be held liable for the personal injuries and wrongful deaths that have been sustained by the victims of the bridge disaster.

Some recent bridge tragedies in North Carolina (as reported by the News & Observer):

1984: In Burnsville, a single-lane bridge over the Toe River between Yancy and Mitchell Counties collapses when an overloaded tractor-trailer crosses it. No one is seriously injured.

1987: Skeen’s Mill Bridge, a 100-foot-long covered bridge, collapses near Asheville into the Uwharrie River.

2000: A pedestrian bridge spanning U.S. Highway 29 at Lowe’s Motor Speedway in Concord collapses, injuring more than 100 people. Officials blame badly corroded cables for the collapse but are unsure of how the cables became rusted.

2001: A one-lane suspension bridge near Asheville collapses under a large truck hauling magazines. No one is injured.

2004: Three vehicles are swept away by raging currents after uprooted trees wipe out a two-lane bridge over Beaver Dam Creek near Boiling Springs. One man is killed. Officials note that 10 to 12 bridges were similarly washed out during flooding from the season’s hurricanes and heavy rains in the N.C. mountains.

Five now confirmed killed in bridge collapse, CNN.com, August 3, 2007

North Carolina to study ‘substandard’ bridges’ safety, Hampton Roads.com, August 3, 2007

North Carolina bridge incidents, News Observer, August 2, 2007

Related Web Resources:

North Carolina Department of Transportation

 
 

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