July 2008

AAA Carolinas Says North Carolina Has Eighth Highest Motorcycle Death Rates Among US States

July 30, 2008, by Michael A. DeMayo

AAA Carolinas says that there were about 190 motorcycle fatalities in North Carolina in 2007. This figure is a significant jump from the 108 motorcycle deaths in 2006, and reportedly ranks North Carolina number 8 among the 10 US states with the most motorcycle deaths each year.

According to AAA Carolinas CEO David E Parsons, the number of motorcycle fatalities in North Carolina has doubled in the past five years. It doesn’t help that the number of people that own motorcycles in the states has grown because of rising gas prices.

According to the National Highway Traffic Safety Administration, a motorcyclist’s chances of dying in a traffic crash is 37% greater than the odds faced by passengers riding in cars. While some accidents occur because of motorcyclist inexperience or error, many catastrophic injury accidents happen because a trucker, a car driver, a bus driver, or another party was negligent. If you or someone you love was injured in a motorcycle accident caused by another person’s negligence or carelessness, our North Carolina motorcycle crash lawyers would like to talk to you.

To prevent injury a motorcyclist on the road, AAA Carolinas offers a number of suggestions to motorists, including:

• Assume that a motorcycle is closer than it appears.
• Give motorcyclists enough room to maneuver.
• Pay attention while driving.
• Obey all traffic signs and signals.
• Do not follow a motorcycle too closely.
• Check blind spots before turning or changing lanes.

You may be entitled to compensation for your injuries, medical costs, pain and suffering, and other damages.

AAA Warns Of Increasing Motorcycle Death Rates, NBC17.com, July 11, 2008

Multiple motorcycle accidents in New Hanover County leave three dead, WECT.com, July 29, 2008

Related Web Resources:

AAA Carolinas

Motorcycle Permit, North Carolina DMV

Family of 5-Year-Old Motocross Rider Files North Carolina Wrongful Death Lawsuit

July 23, 2008, by Michael A. DeMayo

In North Carolina, the parents of 5-year-old Cody Fidler are suing the owners of Parker Valley Motocross Track in Cleveland County for his wrongful death.

Fidler died of neck trauma last year while at the park when an older biker crashed into him. The North Carolina wrongful death lawsuit accuses the park owners and promoters of negligence for allowing a more experienced rider on the track while Cody was there. The 5-year-old died after a 10-year-old on a larger motorcycle hit him. The track is now closed. Cody’s parents are also suing for deceptive trade practices and emotional distress.

Trauma occurs when an external force forcefully or violently impacts the body. There are three kinds of trauma:

Penetrating trauma: Injury occurs when an object penetrates the body.

Acceleration/deceleration trauma: The body in motion strikes another (moving/still) object, which results in the tearing of stretching of body tissues.

Blunt Trauma: Force of impact causes body tissue compression.

Three kinds of collisions that can happen during a crash:

• Body v. whatever it contacts
• Vehicle v. whatever it contacts
• Body v. body

If someone you love has died due to trauma injuries in a motocross accident, car accident, motorcycle accident, or truck accident resulting from the negligence of another party, you may be entitled to wrongful death compensation.

Family Sues in Child’s Motorcross Death, WCNC.com, July 19, 2008

5-year-old’s family sues over 2007 motocross death, DailyComet.com, July 19, 2008

Understanding Head and Neck Trauma, Biker’s Rights

Related Web Resource:

Our Experience With Motocross Accidents In Children: Patterns Of Injuries & Outcomes, ISPub.com

Two People Injured as Train Strikes Tanker Truck in Charlotte, North Carolina

July 16, 2008, by Michael A. DeMayo

A truck driver and a train worker sustained injuries last Friday morning when a 70-car freight train struck a tanker truck loaded with 6,100 gallons of oil near the Mecklenburg-Cabarrus county line in Charlotte. The North Carolina train-truck accident happened after the truck got stuck at a railroad crossing.

The train engineer sounded the horn and activated the emergency brakes but could not stop soon enough to prevent the accident. The collision caused a fire that affected one of the train’s cars.

Federal Railroad Administration records indicate that this is not the first time that a train-motor vehicle accident like this has happened at this particular crossing, located on Cabarrus Farm Road close to Universal City Boulevard. In 2004, real estate appraiser David Pearsall says that a freight train struck his pickup truck as he drove across the tracks. He says that he could not see the approaching train because tall weeds blocked his view of the track. Although there are several signs marking the tracks, there are no bells, lights, or automated crossing arms to indicate that a train is approaching. The crossing is on private property.

According to federal statistics, there were 68 train crashes at railroad crossings in North Carolina in 2007. 20 people were injured and five people died in these accidents.

If you or someone you love was seriously injured in a train accident, our North Carolina and South Carolina train collision attorneys can help you determine whether you have grounds to file a personal injury lawsuit. Train accident cases can be challenging cases to prove, which is why you need to work with a personal injury law firm that has the experience to obtain your recovery for you.

Common Causes of Train Crashes at Railroad Crossings:

• Operator negligence
• Driver inattention
• Motor vehicle/train defects
• Poor warning or crossing signs

Hazmat Spill Follows Tanker-Train Crash, News14Carolina.com, July 12, 2008

Report: Tanker stuck on track as train approached, WCNC.com, July 15, 2008

Accidents At Rail-Highway Crossings, Visual Expert.com

Federal Railroad Administration

Chapel Hill Teenager Dies After Being Struck by Car in Raleigh

July 15, 2008, by Michael A. DeMayo

In Raleigh, North Carolina, 17-year-old Lillian Broox Manis of Chapel Hill died on Saturday after the car she was riding in was broadsided by a Ford motor vehicle. Durham resident Philip Iavorov Jurov, the driver of the Honda that Manis was riding in, also suffered serious injuries from the North Carolina crash.

The driver of the Ford, 19-year-old Raleigh resident Justin Caleb Crouse, appeared in Wake County District Court today to face several criminal charges related to the deadly motor vehicle accident. Crouse was charged with felony death by vehicle, a red-light violation, and provisional DWI.

According to North Carolina police, Crouse lost control of his vehicle before running off the right side of the road. The tires on the right side of the Ford deflated and his car entered the intersection, ramming into the passenger side of the Honda that carried Manis and Jurov at about 50 mph.

After the two cars traveled another 120 feet across Glenwood Avenue, the Honda rolled over. Manis was transported to WakeMed hospital where she died from her injuries.

One woman called Wake County 911 at about 3:30am and reported that a very “intoxicated” man was getting ready to leave the neighborhood.

In North Carolina, there were 490 alcohol-related deaths in 2006. Some Teen Drunk Driving Facts from the National Highway Traffic Safety Administration:

• 28% of 15-20 year olds that died in auto crashes in 2005 had consumed alcohol.
• 64% of young drivers that were involved in alcohol-related deadly crashes were not using seatbelts.
• Over the past 30 days, 28.5% of US high school students have traveled at least once in a motor vehicle where the driver had consumed alcohol.

Drunk driving is a reckless and negligent act that can lead to serious injury accidents on the road. Our North Carolina car accident lawyers can help you determine whether you have grounds for a personal injury or wrongful death case.

Driver charged in Raleigh wreck that killed teen girl, WRAL.com, July 14, 2008

Teen Killed in a Raleigh Car Crash, Newsobserver.com, July 12, 2008

Related Web Resources:

Students Against Destructive Decisions

Mothers Against Drunk Driving

18 More North Carolina Patients Exposed to Tainted Surgical Tools Sue Duke University Health System for Personal Injury

July 9, 2008, by Michael A. DeMayo

In Durham County Superior Court, 18 patients who underwent surgeries at Duke hospitals in 2004 are suing Duke University Health System for personal injury because they were operated on with surgical instruments that were washed in hydraulic fluid. The plaintiffs are alleging fraud and negligence because of the exposure to the fluid, which had been used to clean an elevator. They are seeking compensatory and punitive damages for an undisclosed amount.

Over 3,600 patients at Duke Raleigh and Durham Regional hospitals in North Carolina underwent operations in November and December 2004 involving the use of the tainted instruments. The surgical tools were accidentally cleaned with hydraulic fluid after elevator repairmen drained the fluid and placed them in empty detergent drums. The drums were then sent back to the hospitals where they were used to clean the instruments. Duke has already settled claims by over 60 patients that say they suffered personal injury because of the fluid.

Some Duke patients claim they sustained infections and immune system reactions as a result of their injuries. Last month, 67 patients sued Cardinal Health and Steris Corp., the companies that provide Duke with sterilization equipment, for personal injury related to their role in the fluid mix-up.

Hospitals, doctors, surgeons, nurses, and all other health care providers are supposed to provide patients with the proper medical care in an environment that is clean and safe. Failure to provide these duties of care can lead to personal injuries with plaintiffs filing medical malpractice lawsuits.

Other common medical errors include:

• Surgical mistakes
• Wrong diagnosis
• Administering the wrong tests
• Delayed diagnosis
• Nursing negligence

In North Carolina and South Carolina, our medical malpractice lawyers can help you assess whether you have grounds for an injury claim or lawsuit.

Patients sue Duke over tainted tools, Charlotte.com, July 2, 2008

Related Web Resources:

Duke University Health System

Hydraulic Fluid Facts

Video Footage Shows Woman Dying in Hospital Waiting Room While Workers Ignore Her

July 2, 2008, by Michael A. DeMayo

An incident that occurred in a New York hospital waiting room last month made national headlines yesterday after surveillance footage was released showing a 49-year-old woman collapsing at Kings County Hospital Center while workers at the hospital ignored her.

Esme Green was involuntarily admitted to the hospital’s psychiatric emergency department on June 18 for “agitation and psychosis.” According to the New York Civil Liberties Union, however, Green was made to wait almost 24 hours for treatment. The group is also accusing the hospital of falsifying records to conceal the duration of time Green was on the floor unattended.

The video footage shows Green, on June 19 at 5:30 am, rolling off a chair in the waiting room and landing on the floor face-down while convulsing. She stopped moving a little over half an hour later. Hospital workers are seen ignoring her the entire time. It isn’t until around 6:35 am that the footage shows a worker nudging Green with her foot. Help was called for about three minutes later.

The New York City Health and Hospitals Corporation has expressed shock and distress about the incident and they terminated six workers following a preliminary investigation.

In an unrelated case, Mental Hygiene Legal Service and the New York Civil Liberties Union sued the hospital in Federal court last year because of allegedly filthy conditions at the hospital. The plaintiffs reported that patients were frequently forced to sleep on floors and chairs covered with blood, urine, and feces when waiting for beds. They lawsuit also alleged physical abuse and use of medication to keep patients calm.

If there is evidence that a hospital, a doctor, or a health care provider acted negligently or carelessly to cause your loved one’s death, you may be entitled to wrongful death recovery for your loss. In North Carolina and South Carolina, our wrongful death law firm can assist you.

Tape shows woman dying on waiting room floor, CNN.com, July 1, 2008

Investigators probe death of woman in Brooklyn hospital, Newsday.com

Related Web Resources:

Times acquires tape excerpts showing King-Harbor staff ignoring dying patient, Los Angeles Times, July 2, 2008

Kings County Hospital Center

New York Civil Liberties Union


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