Once more, millions of Americans are hitting the road this holiday season to celebrate Thanksgiving with family and friends. According to AAA, about 42.5 million people are expected to travel at least 50 miles over this four-day weekend alone.

With more vehicles comes the likelihood of traffic, congestion, and short tempers, as motorists that are in a hurry attempt to get to their destinations as quickly and safely as possible. Unfortunately, these conditions can also increase the likelihood of a North Carolina car accident happening. At the Law Offices of Michael A. DeMayo, LLP, we wish you all a safe Thanksgiving.

You may not be able to control the behavior of others on the road, but you can take deliberate preventive action, including:

• Check your car before you go. Are tires properly inflated? Are auto fluids at the proper level? Are your brakes in proper working condition?
• Bring emergency supplies, including a first-aid kit and basic auto repair tools.
• Try not to overload your vehicle with too many people or too much cargo.
• Make sure you never run out of gas.
• Make sure that kids are properly restrained, whether with a seat belt, child safety seat, or booster chair.
• Don’t have more people in the vehicle than there are seat belts. Make sure everyone is buckled up.
• If you are traveling with pets, make sure that they are properly secured so that they don’t pose a distraction
• Obey all traffic rules
• Don’t speed
• Have patience with road conditions, traffic, and with other drivers
• Avoid talking on a cell phone or texting
• If you can, travel before or after the hours when traffic is heaviest
• Don’t drink too much alcohol before getting behind the steering wheel
• Remember that eating a lot can put one in a food coma. If you feel too drowsy to drive after eating, then wait until you are feeling more awake, let someone else drive, or spend the night where you are and wait until the next day.

Dealing with the aftermath of a Lumberton, North Carolina car crash is the last task you likely want to attend to on Thanksgiving Day. That said, the sooner you start exploring your legal options, the better. Should you decide to hire a Monroe, North Carolina personal injury law firm, your lawyer can start preparing your case while the evidence and witness accounts are still fresh. Depending on the seriousness of your injuries, there may be a lot to consider in terms of hospital bills, lost wages, property damage, and other costs. Retaining a Hickory, North Carolina traffic collision law firm allows you to let them worry about these details while you and your family get on with the recovery process.

North Carolina Bicycle Accident Prevention 101: Why Are You REALLY Not Wearing Your Bike Helmet?, North Carolina Car Accident Lawyer Blog, November 18, 2011

How Much Does Chronic Stress Contribute to North Carolina Car Accidents?, North Carolina Car Accident Lawyer Blog, November 11, 2011

High School Seniors Start Sending Applications to Qualify for the Michael A. DeMayo Scholarship Program, North Carolina Injury Lawyer Blog, October 26, 2011

Nancy Leady, 60, died last week after her bicycle was struck by a 21-year-old North Carolina State student. Brian Reid had been celebrating his 21st birthday when the tragic accident happened. He has been charged with driving while intoxicated, failure to control speed, and misdemeanor death by motor vehicle.

Because a bicyclist does not have any protection, except for a helmet, from the impact of colliding with a car, truck, motorcycle, or bus, many bicyclists are prone to serious injuries when they are involved in a traffic accident. Serious bicycle injuries can include broken bones, spinal cord injuries, traumatic brain injuries, severed limbs, and death.

In Raleigh, Monroe, Hickory, Charlotte, or anywhere else in North Carolina or South Carolina, one of our bicycle accident lawyers can explore your legal options with you.

According to the National Highway Traffic Safety Administration:

• 622 bicyclists died in traffic accidents in 2003.
• 46,000 others were injured that same year.
• The average age of bicyclists killed in 2003 was 35.
• Over 30% of bicyclist deaths involved alcohol (whether the pedalcyclist or motorist).

In preparation for National Bicycle Safety Month in May, the N.C. Department of Transportation offers the following reminders to motorists about keeping bicyclists safe:

• Keep a lookout for oncoming bicyclists when turning left and wait for them to clear the intersection before completing your turn.
• After passing a bicyclist on your right, take care not to cut them off by immediately turning right in front of them.
• Slow down when passing a bicyclist to make sure the rider is aware of your presence and leave plenty of room between your vehicle and the bicyclist.
• Stay alert for bicyclists who suddenly swerve or turn in front of you.
• Yield to bicyclists, when appropriate, as you would for other motor vehicles.

The N.C. Division of Motor Vehicles says that 114 bicyclists died and almost 2400 others were injured in traffic accidents in North Carolina from 2001 to 2005.

Bicyclist dies after struck by vehicle, News14.com, April 24, 2008

May is National Bicycle Safety Month, NCDOT.org

Related Web Resource:

National Highway Traffic Safety Administration

Good news for children 17 years of age and under in North Carolina. The death rate in the state for minors hit its lowest level yet in 2008, dropping 5% from the year before to 71 fatalities for every one hundred children.

According to the North Carolina Child Fatality Task Force, 1,573 minors died in 2008. That’s a definite drop from the 1,649 North Carolina child deaths in 2007.

There are 2.2 million people younger than 18 who are residents of North Carolina. Task force members attribute the decline to better child safety laws and greater spending on the issue of child safety. Other figures revealed by the task force include:

• 39% increase (compared to 2008) in sudden infant death syndrome.
• A 13% decline in the number of motor vehicle-related child deaths (better quality child safety seats and higher gas prices are credited for the decline)
• A 29% drop in fire-related fatalities
• 3 bicycle fatalities
• 18 poisoning deaths
• 58 children were murdered

There is nothing more devastating to a parent than to have a child die in an accident—especially in an accident that was caused by someone’s carelessness or negligence during a Charlotte car accident, a Hickory truck crash, a Raleigh bicycle collision, an apartment fire because a hazardous condition in the building that created a North Carolina premises liability, or another type of personal injury accident.

Fortunately, you can hold the responsible party liable by filing a North Carolina wrongful death claim. If your child was fortunate to survive the injury accident, you can also claim damages with your North Carolina injuries to minors lawsuit.This allows a parent or guardian to obtain personal injury recovery on the young victim’s behalf. This can be very important—especially if your child will have to undergo costly medical treatment and rehabilitation to recover or live for the rest of his or her life with a permanent injury.

NC rate of child deaths falls to lowest level, Charlotte Observer/AP, September 14, 2009

Related Web Resources:
County Level Child Death Data, NCChild.org (PDF)

NC Department of Health and Human Services

In North Carolina, Jeremy Mayfield, the suspended NASCAR Sprint Cup driver, is suing Lisa Mayfield, his stepmother, over his father’s wrongful death. Terry Mayfield passed away on September 5, 2007. Police and the medical examiner say that he committed suicide by shooting himself in the chest.

His son, however, disagrees. Jeremy Mayfield’s Rowan County, North Carolina wrongful death complaint contends that Lisa Mayfield’s “intentional acts” caused his father’s death.

Jeremy Mayfield says his father confronted his wife about an affair he believed she was having and asked her to leave. Several days after Terry Mayfield died, Jeremy contends that the Lisa’s lover ended his relationship with his girlfriend and went to live with Lisa. Jeremy’s North Carolina wrongful death lawsuit also accuses his stepmother of spending a loan that was supposed to go toward constructing a barn.

Lisa Mayfield maintains that she had nothing to do with her husband’s death. In July, she filed her civil lawsuit alleging defamation against Jeremy in Iredell County civil court.

Wrongful Death
Even if the person or party that you believe is responsible for your loved one’s death is not charged in criminal court, you may be able to file a North Carolina wrongful death case for your loss and associated damages.

Suing someone for wrongful death won’t bring the deceased back, but it can give you some peace to know that the liable party was held accountable for their actions.

Some grounds for filing a Wrongful Death Complaint if your family member dies as a result:

• Medical malpractice
• Premises liability
• Products liability
• Nursing home abuse
• Nursing home neglect
• Car accidents
• Truck crashes
• Pedestrian accidents
• Motorcycle collisions
• Bicycle accidents
• Bus crashes
• Train accidents
• Murder

Jeremy Mayfield Files Wrongful Death Lawsuit Against Stepmother, Sporting News, September 8, 2009

Suspended driver sued by stepmother, ESPN, July 29, 2009

Related Web Resources:
Wrongful Death, Nolo

Police called to Jeremy Mayfield’s house, Al.com, August 16, 2009

An appellate court judge in Fayetteville says that the North Carolina wrongful death lawsuit filed by the family of 17-year-old Jesse Marquil King can go forward. King drowned in August 2005 after he fell into a flooded ditch during a rainstorm. The ditch’s pipe dragged the teenager under the water. His family is suing the city of Fayetteville for his drowning death and is accusing the city of negligent maintenance of the drain system.

In a unanimous decision, the three-judge panel agreed that North Carolina law doesn’t provide immunity against the state when it comes to operating storm drains. This ruling upholds a trial judge’s decision and allows the Fayetteville wrongful death lawsuit to move forward.

Premises Liability Lawsuits
Property owners and managers are supposed to make sure that there is no condition on the premise that could lead to personal injury or wrongful death. Inadequate maintenance, when a landowner neglects to maintain a premise or something on the property that could cause injury, is one reason for filing a North Carolina premises liability civil complaint for damages if someone gets hurt.

Storm drains are supposed to help drain water or melting snow off the streets so that the streets don’t flood. Unfortunately, storm drain accidents are not uncommon, especially if the grate has some defect that allows a person or a bicycle to fall into it. Fall accidents can lead to broken bones, dislocated body parts, neck injuries, back injuries, spinal cord injuries, and neck injuries. In King’s case, falling into a storm drain caused him to drown.

Government and safety officials can be held liable if there is an unsafe condition on a road that causes an injury or death to happen.

Ruling allows wrongful death suit against Fayetteville to proceed, FayObserver.com, August 5, 2009

Related Web Resources:
Read the Court’s Opinion (PDF)

Premises Liability Overview, Justia

A new North Carolina bill has made its way to the state’s Senate. The legislation, which passed 72-43 in the House, would ask juries and judges to determine how much a North Carolina personal injury should be award based on the premise of “comparative fault.” A plaintiff would then be able to receive damages based on how much percentage of fault was allotted to the defendant and the plaintiff.

For example, if a negligent motorist was 80% responsible for causing a North Carolina bicycle accident, then the injured rider would be entitled to recover 80% of the amount awarded by a jury. If, however, a judge or jury found the plaintiff to be over 50% at fault for causing the North Carolina personal injury accident, he or she would recover nothing.

Under current North Carolina tort law, a person suing for personal injury cannot recover anything if the injured person played any role in causing the injury accident. This can be very frustrating for personal injury victims and family members whose loved ones have died because other parties were negligent.

For example, the Winston-Salem Journal told the story of a woman whose son was killed in a North Carolina car accident. Jackson Vogel, who was an Appalachian State college student at the time, died when the car he was a passenger in flipped over. The driver of the car was his roommate, who was later convicted of DWI and involuntary manslaughter. However, the defendant was able to successfully defend himself in the North Carolina wrongful death lawsuit by arguing that Vogel, who had been drinking that night, was partially negligent for making the choice to get into the car.

In another tragic North Carolina traffic accident case, Stephen Gates died in October 2003 when he was struck by an SUV while fixing a flat tire. The vehicle dragged him and left him by the side of the road. However, because of where he chose to change his flat tire, the 27-year-old could be considered at least partially at fault for the pedestrian accident—enough so that the insurance company denied the family’s claim for damages.

Injury bill gets to N.C. Senate, Journal Now, July 13, 2009

N.C. reviews its negligence standard, News-Record.com, May 24, 2009

Related Web Resource:
North Carolina House Bill 813 (PDF)

In North Carolina, two of the four defendants named in the wrongful death lawsuit involving 7-year-old Joshua Beckles-Palomares have reached settlement agreements with the boy’s parents. Joshua died in a Winston-Salem motor vehicle accident on May 20, 2006 while riding his bicycle.

The defendants in the North Carolina wrongful death lawsuit are the city of Winston-Salem, driver Michael Logan Jr., homeowner Norman Moore, and Flow Cos. The accident happened at the intersection of Freeman and Wells when Logan, driving on the wrong side of Wells street, hit Joshua. The boy was dragged under Logan’s vehicle and he later died. Logan later pleaded guilty to driving while impaired, felony death by motor vehicle, and involuntary manslaughter. Joshua’s parents are accusing all the defendants of negligence leading to the boy bicyclist’s death.

The family’s lawsuit contends that the city owed a duty of care to make sure that there was nothing at the intersection that might prevent drivers and pedestrians from being able to clearly see the roads. Homeowner Moore was accused of failing to trim the bushes next to his property that blocked Joshua’s view, and one of Flow’s dealerships was accused of also making it harder for motorists to see the road because it illegally parking its cars on Wells Street. Last month, Moore and Flow Cos. reached confidential settlement agreements with Joshua’s family.

Also last month, a judge refused a request by the city of Winston-Salem to rule in its favor without a trial. The city has argued that it did not know there was a problem at the intersection of Wells and Freeman and therefore could not have prevented Joshua’s bicycle death.

A Few 2007 NHTSA Pedalcyclist Facts:

• 698 pedalcyclists died in the United States.
• 44,000 others were injured.
• 15% of all pedalcyclists killed were children younger than 16.
• 18 pedalcyclists were killed in North Carolina.
• 20 others were killed in South Carolina.

Two defendants settle with family in lawsuit over boy’s bicycle death, Journalnow.com, November 27, 2008

Bicyclists and Other Cyclists, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

Separate pain, but common purpose, for mom, officer, Journalnow.com, May 18, 2008

Second Annual Bike Safety Day, RideofSilence.org

In Pitt County, North Carolina, a grand jury this week indicted two men involved in separate deadly motor vehicle accidents that took place earlier this year.

Pablo Delacruz, was speeding in his Chevrolet Camaro on March 22 when he hit Harold Mills, a 75-year-old man on a bicycle. Mills was declared dead soon after he arrived at Pitt County Memorial Hospital. Delacruz had fled the accident scene but was tracked down by police after a witness wrote down his car’s license plate number.

DelaCruz was indicted for felony hit and run that caused personal injury and misdemeanor death by motor vehicle.

In the second fatal car accident, Danny Ellis Vick was driving his BMW headed north on NC 43 in Falkland Township on January 23 when he hit a car driven by 33-year-old Frankie Peaden after crossing the center line and hitting Peaden’s 1995 Toyota in a head-on collision. The North Carolina Highway Patrol says that Vick was driving under the influence of drugs.

At the time of the car accident, Vick was on parole after serving time in prison for robbery-related convictions. He was indicted this week on charges of assault with a deadly weapon and felony death by motor vehicle.

If someone you love was killed in a motor vehicle accident caused by another party’s negligence, not only can the responsible party be charged and convicted for committing a crime, but the driver may also be held liable in civil court.

In North Carolina and South Carolina, our North Carolina wrongful death law firm has helped many families recover damages from the responsible party for their loved ones’ deaths. We have successfully represented the surviving family members of people killed in truck accidents, train accidents, car accidents, bus crashes, and motorcycle collisions. We also have represented mothers, fathers, sons, daughters, husbands, and wives of people that died because of a defective product, a work-related accident, a premises liability-related crime, or any other injury accident caused by the negligence of someone else.

Two drivers from fatal wrecks indicted, The Daily Reflector, April 17, 2008

Hearing set for man in fatal wreck, The Daily Southerner, January 30, 2008

Greenville Police Investigating Hit and Run, WNCT.com, March 22, 2008

Related Web Resources:

Head-On Collisions

Things You May Not Know About Hit and Run Accidents, Deadly Roads

Lee Anne Barry, the founder and executive director of the BIG Ride, a non-profit bike tour that travels around the country to promote brain injury awareness, died from motor vehicle-related injuries on Sunday, at Carolinas Medical Center. Barry, a North Carolina resident, was riding her bike during the cross-country charity bike ride she had organized when she was involved in an accident with a van on US 521, close to Lancaster County yesterday afternoon. Thomas Hoskins, a Columbia, South Carolina resident and also a cyclist, died at the accident scene.

If someone you love was a cyclist who was killed in a motor vehicle crash because of the negligence of a motorist or another party in North Carolina or South Carolina, you should speak with an experienced wrongful death lawyer right away.

Barry had been a strong advocate of brain injury awareness, ever since she was struck by a car when she was five. She spent months in a coma before having to relearn how to talk and walk. She had brain surgery at age 15, which allowed her to get back most of her physical agility and strength.

Unfortunately, a bicycle accident can lead to catastrophic injuries for the cyclist, who doesn’t have much protection against the force of impact when struck by a car, bus, or truck or being thrown onto the road.

Common scenarios that can lead to personal injury accidents involving cyclists and motorists:

• Bicyclist does not yield the right-of-way
• Motor vehicle driver does not yield the right-of-way
• Bicyclist merges or turns into the path of the motor vehicle
• Motorist merges or turns into the bath of the cyclists
• Motor vehicle driver tries to overtake a bike

Every year, over 1000 bicyclists in North Carolina are involved in motor vehicle crashes, with 30 of these cyclists dying from their injuries; 160 others suffer from serious injuries. South Carolina ranks as one of the “Top 10” US states with the highest number of per capita deaths of bicyclists and pedestrians. 16 people were killed in bicycle-motor vehicle accidents in South Carolina in 2005.

Two die in charity bike ride accident, Charlotte Observer, October 22, 2007
North Carolina Bicycle Crash Data, Pedbikeinfo.org
Bicycling Crashes : Crash Types, Bicyclinginfo.org
The Need for Bike and Pedestrian Facilities, SCDOT

Related Web Resources:

The B.I.G. Ride

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