Of the more than 2 million people injured in US auto crashes each year that are lucky enough to survive, a number of them may suffer from post-traumatic stress disorder—up to 40% even, estimates the US Department of Transportation. This is no surprise, consider that traffic collisions are among the leading causes of PTST. You may be able to obtain North Carolina car accident compensation for this and any other debilitating injuries that were caused by another party’s negligence.

Remember, physical injuries are not the only type of injuries that can occur during a motor vehicle crash. There is also pain and suffering, mental anguish, and emotional trauma. While invisible, psychological and emotional injuries can also take a toll, severely impairing a victim while negatively impacting his/her life.

PTSD
Post-traumatic stress disorder can arise after someone has suffered a life-threatening or frightening experience. This may cause severe anxiety and emotional/mental paralysis in the person. Signs of possible PTSD:

• Flashbacks of the incident
• Reliving the accident as if it were happening again now
• An irrational fear that the same accident will happen to the victim again
• Physical symptoms arising when the person is reminded what happened. Symptoms may include rapid breathing, nausea, elevated heart rate, and sweating
• Anger issues
• Sleep difficulties
• Nightmares
• Disinterest in former passions, hobbies, and activities
• The need to be constantly vigilant
• Depression
• Alcohol or drug abuse
• Emotional numbness
• Problems concentrating
• Suicidal thoughts
• Eating disorders
• A higher risk of developing physical health issues, such as diabetes, heart problems, and sexual dysfunction

PTSD can happen not just to the person that actually experienced the catastrophic incident but also to those that witnessed it or were there afterwards to help out, such as police and rescue workers. Family and close of those that were in the accident can also develop PTSD.

This condition can affect not just the victim’s personal well-being, but also his/her career and relationships. People suffering from PTSD are more likely to miss work and not do as good of a job as those without PTSD. Problems concentrating and sleep difficulties can also make it hard for the person to be productive or meet goals. The impact of all the symptoms listed above can also affect how the person relates to people and deals with life. This can place at toll on marriages, family life, and relationships.

You want to work with a Charlotte, North Carolina personal injury law firm that understands the nature of PTSD and how to prove that you developed your condition because you were involved in an accident that occurred as a result of someone else’ negligence. Remember, PTSD can occur following any type of traumatic incident. This means that if you were sexually assaulted, abused at a nursing home, the victim of a violent crime, or survived a fall at a construction site, you may have developed PTSD as a response to what happened.

The Effect of PTSD on a Person’s Life, North Carolina Injury Lawyer Blog, September 6, 2011

Talking to Your Friends and Colleagues about a Traumatic North Carolina Car Accident, North Carolina Car Accident Lawyer Blog, October 19, 2011

Are Gruesome Reports About North Carolina Car Accidents Rendering Us Insensitive to Dangers of the Road?, North Carolina Car Accident Lawyer Blog, October 3, 2011

Two years after Western Carolina University football player Ja’Quayvin Smalls passed away following his first college football practice, his family is seeking North Carolina wrongful death damages against the WCU coaching staff.

The junior defensive back, who was from Mount Pleasant, collapsed during a voluntary workout session for new players. Autopsy results reported that he died from an enlarged heart. Exertion and Smalls’ sickle cell trait were listed as factors in his death.

Defendants in this North Carolina wrongful death case include football coach Dennis Wagner, athletic director Chip Smith, head athletic trainer Steven Honbarger, defensive coordinator Matt Pawlowski, former strength coach Brad Ohrt, and assistant athletic trainer Brandon King.

Smalls family says that the coaching staff knew about his condition and they contend that they should have taken precautions to prevent his death. Smalls’s dad, Henry Malcolm Smalls, is claiming gross, negligent, wanton, and willful breach of duty to his son in the defendants’ alleged failure to establish procedures and policies for safely training and conditioning athletes suffering from sickle cell.

Athletic departments and supervisors are responsible for making sure that training and practices are run in a manner that doesn’t jeopardize the health and well-being of athletes. Unfortunately, there have been incidents involving athletes getting sick or dying because the proper safety precautions were not in place or procedures weren’t followed.

For example, insisting that athletes keep practicing in extremely hot temperatures without proper hydration can lead to serious injuries. Per the CDC, heat illness is the leading cause of disability and deaths for young athletes. Permanent organ damage can occur should the body temperature hit 105 degrees. Per the University of North Carolina’s National Center for Catastrophic Sport Injury Research, there have been 30 football player deaths because of illnesses relate to hot weather.

Another cause of athlete injuries involving inadequate supervision or coaching is when a player is pressured to keep playing despite being sick or having suffered an injury. This can exacerbate his/her condition and result in permanent injury or a more serious health issue.

Athletic supervisors and coaches are also supposed to be mindful of any preexisting conditions (Sickle cell trait, a heart condition), an athlete might have and take the necessary precautions to make sure that no resulting complications arise. For example, when someone has sickle cell trait his/her red blood cells can change from road to sickle-shaped. This can prove fatal. According to the National Athletic Trainers’ Association, between 2000 and 2007 sickle cell trait was a factor in nine athlete deaths. NATA noted that letting athletes with this trait not part in “day one” football conditioning tests appears to help save lives. Altitude, dehydration, asthma, and heat can increase the risk of sickling.

Recently, a jury awarded the family of Ereck Plancher $10 million in his wrongful death. Plancher, who played football for UCF, died in March 2008 after an off-season workout. Plancher also carried the sickle cell trait.

Wrongful death suit seeks more than $10,000 from Western Carolina University, Citizen-Times, September 24, 2011

Smalls Family Files Wrongful Death Suit, Mt. Pleasant Patch, September 27, 2011

Athletic trainers discuss sickle cell trait, USA Today, June 27, 2011

10-years later, Devaughn Darling’s family still fighting, Orlando Sentinel, October 1, 2011

Western Carolina University

More Blog Posts:
Deceased Chapel Hill High School Football Player’s Family Claims Paramedic Malpractice in Their North Carolina Wrongful Death Lawsuit, North Carolina Injury Lawyer Blog, February 9, 2010

Parents File North Carolina Wrongful Death Lawsuit Against Lenoir-Rhyne University and Theta Chi Fraternity, North Carolina Injury Lawyer Blog, August 4, 2009

Family of 18-Year-Old Shot by Police During 2006 Home Raid Sues University of North Carolina Wilmington for Wrongful Death, North Carolina Injury Lawyer Blog, November 2, 2008

According to some studies, texting while operating a motor vehicle is eight times more dangerous than driving while drunk. Yet, for many people, knowing this information isn’t enough to stop them from reading, composing, or sending a text while driving. Our Charlotte, North Carolina car accident lawyers at the Law Offices of Michael A. DeMayo would like to invite you and your friends to join us in the fight against distracted driving. Please watch our Distracted Driving is Like Driving Blind video on YouTube and enter our Distracted Driving Awareness Sweepstakes on Facebook. The deadline to participate is October 10, 2011.

Texting While Driving
In North Carolina, it is actually illegal for all motorists to text while driving. Unfortunately, this texting ban isn’t enough to ensure that people won’t engage in this type of distracted driving behavior. Here are a couple of reasons why:

• Not everyone understands that texting, which poses no physical danger when done while not operating a vehicle, is dangerous when driving. It takes just a few seconds for a catastrophic North Carolina car crash to happen. Usually, to text the driver has to have his/her eyes off the road for at least that long and one, even both of his/her driver’s hands will be off the steering wheel to hold and work the phone/PDA device. This can make it hard for a motorist to stay in control of a vehicle to avoid an accident.

• In this multitasking society, it can be hard to stop what has now become a bad, even compulsive habit of constantly checking and responding to text messages and emails.

According to Internet & American Life Project from the Pew Research Center, adults are just as likely as teens to text when driving. In the report, issued last year, 47% of adults reported sending or receiving a text from a mobile phone while behind the steering wheel of a motor vehicle. If adult drivers can’t restrain themselves from texting, how can we expect our teen drivers to stop? Please stop distracted driving by pledging to limit your texting when operating a motor vehicle.

We are familiar with the devastating consequences that can result because someone was texting or talking on the phone while driving. Please do not hesitate to contact our Charlotte, North Carolina personal injury law firm to ask for your free case evaluation.

The Law Offices of Michael A. DeMayo, LLP
Over the years, the Law Offices of Michael A. DeMayo has fought hard for our clients to make sure they received the damages they were owed by all liable parties. We also have been fierce advocates of combating drunk driving with our Arrive Alive: Don’t Drink and Drive community service program and the Michael A. DeMayo Scholarship Program for college kids. Our Charlotte, North Carolina injury law firm is committed to helping stop the growing epidemic known as distracted driving. Won’t you join us in saving more lives?

Adults as likely to text while driving as teens, study says, CNN, June 18, 2010

Cell Phone and Texting Laws, Governors Highway Safety Association, September 2011

More Blog Posts:
Turn Down the Music! (and Avoid North Carolina Car Accidents), North Carolina Car Accident Lawyer Blog, August 4, 2011

16-Year-Old Driver Involved in Fatal North Carolina Car Accident is Charged with Texting While Driving, North Carolina Car Accident Lawyer Blog, March 30, 2011

Lawmakers Deliberate Whether to Step Up the Fight Against North Carolina Distracted Driving Crashes with a Ban on Handheld Cell Devices, North Carolina Car Accident Lawyer Blog, March 26, 2011

The Consumer Product Safety Commission recent recall of nearly 1 million pool and spa drain covers is a good reminder to owners to make sure that their pools and spas are safe for swimmers. The recall was issued because the drain covers were manufactured by companies that had incorrectly rated how much flow the products could actually handle. Such inaccuracies could mean that some of the drain covers may still pose entrapment hazards, which can cause drowning accidents.

Swimming accidents that occur because of a defective pool or spa part can be grounds for a Charlotte, North Carolina products liability lawsuit. It is the responsibility of all manufacturers to make sure that their products are safe for use. It is also the responsibility of pool and spa owners to make sure there that there are no hazards that could cause entrapment or North Carolina drowning accidents.

The recalled spa and pool drain covers were made between December 2008 and April 2011 by a number of companies, including Waterway Plastics, Rising Dragon USA, Pentair Water Pool and Spa, which is a North Carolina based company, Hayward Pool Products, Custom Molded Products, Color Match Pool Fittings, AquaStar Pool Products Inc., Lawson Aquatics, and A&A Manufacturing. The drain covers were supposed to meet the safety standards set by the Virginia Graeme Baker Pool and Spa Safety Act.

The pool safety law is supposed to prevent entrapment accidents from happening. When a child or adult gets entrapped in a spa or pool drain, it can be difficult to get free and if the person ends up submerged and stuck underwater, he/she can easily drown. One young girl sustained catastrophic injuries when a swimming pool drain suctioned out part of her intestinal tract a few years ago. Even after Abigail Taylor underwent liver, small bowel and pancreas transplants, she still died from her pool drain entrapment injuries in 2008.

Eight Manufacturers Recall Pool and In-Ground Spa Drain Covers Due to Incorrect Ratings, CPSC, May 26, 2011

Lawson Aquatics Recalls Certain Pool Drain Covers Due to Incorrect Rating; Covers Pose Possible Entrapment Hazard to Swimmers, CPSC, May 26, 2011

Girl Whose Intestines Were Partially Sucked Out by Swimming Pool Drain Dies, Fox News, March 21, 2008

Related Web Resources:
Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Pool Safely

More Blog Posts:
High Point Pool Drowning Accident Claims the Life of Teenager in North Carolina, North Carolina Injury Lawyer Blog, June 22, 2010

Fayetteville, North Carolina Wrongful Death Lawsuit for Teen’s Drowning Accident in Drainage Ditch Can Continue, Says Judge, North Carolina Injury Lawyer Blog, August 18, 2009

North Carolina Premises Liability: Two Recent Child Drowning Accidents in Hotels Claim Lives, North Carolina Injury Lawyer Blog, June 22, 2009

According to the National Highway Traffic Safety Administration, Evenflo is recalling 13,792 Maestro child safety seats because of a possible crack that can form near the harness adjuster that could result in a child becoming improperly restrained. Evenflo will fix the safety issue by giving consumers a metal reinforcement plate to better support the area of the adjuster. There are no injuries reported so far.

Models affected by the recall start with the number 310. These child safety seats were made between November 24, 2009 and April 9, 2010. If you own one of these child booster seats you should contact Evenflo right away to ask for your free reinforcement plate. While you are waiting for your repair kit, NHTSA says your child can still use the seat as long as the owner’s manual is followed.

With motor vehicle crashes as the leading cause of accidental death to kids under age 15, our Charlotte, North Carolina products liability attorneys and injuries to a minor lawyers know how important it is to make sure that your child is safely buckled in, whether with a seat belt or in a child safety seat.

Having your son/daughter use a defective car seat can lead to catastrophic consequences during a North Carolina car accident. You may be able to hold the product manufacturer liable.

Examples of child safety defects:

• Poor construction
• Harness defects
• Separation of base/shell
• Handle malfunctions
• Flammable material
• Sudden release
• Unanticipated rotation
• Improper or unclear instructions

A defective car seat can even make your child’s injuries from a traffic crash worse than they otherwise would have been.

Consumer Advisory: Evenflo Company Recalls 13,792 Evenflo Maestro Child Safety Seats, NHTSA, October 15, 2010

Evenflo Initiates Voluntary Safety Recall of Certain Maestro Combination Booster Seats, Evenflo, October 15, 2010

Related Web Resources:
Car Safety Seats, American Academy of Pediatrics

Child Passenger Safety, CDC

A 23-year-old man who is now a quadriplegic has filed a dangerous drug lawsuit against the makers of Rituxan. The defendants of this products liability complaint are Biogen Idec. and Genentech Inc.

Jesse Peetz started taking the immunosuppressant in 2003 to treat thrombotic thrombocytopenia purpura, an autoimmune disorder that he had been suffering from since he was 11. He contends that he was unaware that the drug would make him susceptible to developing untreatable infections. He developed a near-deadly infection in 2005 that resulted in his loss of motor function.

In his dangerous drug complaint, Peetz is accusing the defendants of failing until 2007 to warn users about the risks associated with taking the immunosuppressant. He contends that in 2003, defendants began marketing Rituxan for off-label use to treat the condition that Peetz was suffering from. Off-label means that the Food and Drug Administration had not approved this particular use for the suppressant. In 2007, BIogen Idec and Genentech finally put out a warning that use of the drug could lead to untreatable viral infections, catastrophic injury, and death.

Rituxan is FDA-approved for treatment of rheumatoid arthritis, non-Hodgkin’s lymphoma, and chronic lymphocytic leukemia. The powerful drug gets rid of mature circulating B-cells for close to nine months, which can allow for the deadly viruses. Rituxan has also been linked to several cases of progressive multifocal leukoencephalopathy, a deadly brain and nervous system viral infection.

Peetz took Rituxan for two years before he developed the dangerous viral inflection. Now, he depends heavily on a ventilator.

Charlotte, North Carolina Dangerous Drug Lawsuit
Just because you or your loved one took a drug prescribed by a doctor and made by a pharmaceutical company doesn’t mean that the medication is good for you. Unfortunately, dangerous drugs continue to make it out into the marketplace, posing a serious danger to people. Drug manufacturers must be held accountable for their negligence in making and designing a drug that can hurt or kill you.

Neb. man sues makers of Rituxan after infection, WTOP/AP, August 11, 2010

Lawsuit Says Rituxan Left Man A Quadriplegic, Drug Discovery and Development, August 12, 2010

Related Web Resources:
Rituxan

Genentech Inc.

Biogen Idec.

The family of 34-year-old Larry D. Green is asking North Carolina’s Court of Appeals to let them sue Louisburg paramedics for personal injury. State law usually protects civil servants from being sued for North Carolina personal injury if the alleged negligence occurred while the worker was doing his or her job. However, a lower court judge has already ruled that J.B. Perdue, the former medical examiner for Franklin County, should be sued in civil court for his role in the catastrophic mix-up.

Green was injured in January 2005 in a North Carolina pedestrian accident when he was struck by a car as he crossed a highway north of Louisburg. A local paramedic declared him dead after feeling for a pulse. The worker never attempted to resuscitate him.

The paramedic then asked a county paramedic to check Green for a pulse. The second paramedic, however, said he trusted the first paramedic’s judgment and did not check the victim.

The North Carolina personal injury lawsuit accuses Perdue, then the Franklin County medical examiner, of ignoring signs that Green was not dead, including eye twitching and chest movement. Green was placed in a body bag and transported to a morgue.

It wasn’t until 2 ½ hours later when a North Carolina Highway trooper asked the medical examiner to help figure out from which direction the auto had struck Green did Perdue realize that the victim was still alive.

Green’s family and guardian say that wrongly declaring him dead when he was, in fact, still alive caused him to sustain injures that have left him bedridden in a rest home where he is fed through a tube and cared for 24 hours/day. Franklin County and the family reached a $1 million North Carolina injury settlement earlier this year.

Court weighing right to sue over mistaken death, Winston-Salem Journal, November 20, 2009

Related Web Resources:
North Carolina Tort Liability

Wrongful Death, Nolo

The Newsobserver.com reports that 37,000 emergency room patients are treated for North Carolina brain injuries each year. The Brain Injury Association of North Carolina calls TBIs a “silent epidemic,” with more people suffering from brain injuries than there are patients diagnosed with breast cancer, multiple sclerosis, and AIDS combined. In the state of North Carolina alone, there are 180,000 brain injury patients—equal to Fayetteville’s entire population.

Many people don’t really understand what a TBI is or how serious the injury can become in certain cases if medical attention isn’t immediately sought. Also, with car crashes and fall accidents as two of the most common causes of traumatic brain injuries, many victims sustained their injuries because another party was negligent. Please do not hesitate to contact our Charlotte, North Carolina brain injury law firm to explore your legal options.

March has been designated Brain Injury Awareness month, and the Centers for Disease Control and Prevention has issued its latest report on TBI’s called “Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations, and Death.” Among its latest statistics:

• There are approximately 52,000 TBI deaths in the US every year.
• 1.7 million hospital visits are traumatic brain injury-related.
• 75% of brain injuries are considered mild TBIs.
• Older people, above the age of 65, kids, younger than 5, and teens, 15-19, are most at risk of suffering from a TBI.
• Adults, 75 and older, had the highest TBI death and hospitalization rates.
• The leading known causes of TBI’s are falls, motor vehicle crashes, getting struck by or striking an object, and assaults.

Sustaining a serious TBI can prove catastrophic and not to mention devastating for the victim and loved ones. The costs of living with one can be astronomical.

When you look at the most common causes of TBI’s, it is no surprise that many traumatic brain injuries could have been prevented. Contact our Charlotte, North Carolina personal injury law firm to discuss your TBI case.

CDC Study Examines Rising Incidence of TBI, Medpage Today, March 19, 2010

Brain injury alters her life, Newsobserver.com, March 23, 2010

Related Web Resources:
Brain Injury Association of America

Living with a TBI, Brain and Spinal Cord.org

Last month, two wrongful death lawsuits were filed by plaintiffs whose loved ones died tragically when the chenille bathrobes they were wearing caught fire. Bathrobe manufacturer Blair Corp. is the defendant named in both complaints.

Atwilda Brown, was making tea when the catastrophic accident happened. She called 911 for help but died from her injuries. The cause of death on her death certificate is “from clothing catching on fire,” says her daughter Sharon Davis. Brown’s family is suing the clothing manufacturer for $30 million.

In another tragic burn accident, 81-year-old Evelyn Roguff and her 83-year-old husband Murray died when the sleeve of the robe she was wearing caught fire on the electric burner of her stove. Murray was burned while trying to save her. The couple would have been married 50 years by now. Their family is suing Blair Corp. for $1.9 million.

At least nine deaths have been linked to the flammable bathrobes. Most of the victims were older people. Five of the people that died were women. In the last seven months, 300,000 of the Blair Corp. robes have been recalled over safety concerns.

Clothing must meet specific safety standards. Defects can lead to tragic accidents, including choking accidents, strangulation accidents, and burn accidents.

All clothing sold in the US must meet the requirements of the Flammable Fabrics Act. Highly flammable clothing can prove tragic for the person wearing the dangerous fabric. Highly flammable clothing that causes North Carolina injury or death is a products liability.

Bathrobe company sued in deaths of elderly Oceanside couple, October 28, 2009

Family Sues over Connecticut Woman’s Bathrobe Fire Death, Insurance Journal, October 30, 2009

Related Web Resources:
Blair Expands Recall To All Women’s Chenille Apparel Due to Burn Hazard; Additional Reported Deaths Prompt Re-Announcement of Robe Recall, CPSC, October 22, 2009

Flammable Fabrics Act

The Raleigh man who was injured in a hit-and-run North Carolina traffic accident has died. Michael Stegler was 49. The Raleigh motorcycle accident happened on October 2 when Stegler’s motorcycle was struck by a van that did not stop at the crash site.

Police later identified Jack W. Stith II as the hit and run driver. He is charged with failing to stop at a crash site.

2008 Motorcycle Data, NHTSA:

• 5,290 US motorcyclist deaths
• 77% of the motorcycles were hit from the front.
• 7% were struck from the back.
• 25% of motorcycles involved in deadly accidents collided with nonmoving objects.
• 19% collided with passenger cars.
• 4% were involved in large truck crashes.
• 14% were in crashes with light trucks.
• 96,000 motorcyclist injuries.
• 2,554 motorcycles involved in these fatalities collided with another kind of motor vehicle.
• 159 North Carolina motorcycle rider deaths.
• 115 South Carolina motorcycle rider fatalities.

Nationally last year, there were 2% more motorcyclist deaths than the 5,174 motorcyclist fatalities that occurred in 2007. And according to the US Department of Transportation’s Fatality Analysis Reporting, there has been a 150% increase in motorcycle fatalities over the past decade (In 1997, 2,116 people were killed in US motorcycle crashes). This is unfortunate for motorcyclists and their passengers, who are prone to catastrophic injuries during motorcycle accidents.

For the first time since 1981 when it issued the Hurt Report, the Federal Highway Administration is going to conduct a study about what causes motorcycle crashes and how to stop them from happening.

Motorcycle rider struck in Hilltop hit-run dies, The Columbus Dispatch, October 15, 2009

Motorcycles, 2008 Traffic Safety Facts, NHTSA (PDF)

Federal Government To Study Motorcycle Crash Causation, Chicago Now, October 9, 2009

Related Web Resources:
The Hurt Report

FARS

Now that the North Carolina House of Representatives has made it overwhelmingly clear—by a 104 to 5 vote—that texting and emailing while driving should be banned, the bill now heads to the state Senate and then Governor Bev Perdue. If the bill becomes law, anyone caught violating the ban would b fined $100 plus court expenses. Rescue workers and police are among those who would be exempted. An amendment to the bill helps determine when negligence might have occurred if someone was texting when a North Carolina car accident happened.

There are more people texting in North Carolina than ever before. According to the 2008 “Big City Wireless Use Study,” from April 2006 to April 2008, text messaging use increased among Verizon customers by over 600%. The International Wireless Association for the Wireless Telecommunications Industry says text message sending and receiving increased from 14.4 million in 2000 to 48.1 billion in 2007. That same year, a University of Utah study reported that texting while driving is similar to driving under the influence and is 50% more dangerous than talking on the phone while driving.

Even the American Medical Association has spoken out about texting while driving, calling the habit a health hazard. Another recent study says that texting while operating a motor vehicle forces a motorist to spend 400% more time with his or her eyes off the road—a dangerous practice whenever someone is driving.

In order to send or receive texts, a driver must take one if not both hands off the steering wheel, which can lead to catastrophic North Carolina motor vehicle crashes—especially if he or she has both eyes on his or her cell phone while reading or composing a text message.

Currently, in North Carolina, only minor drivers and school bus drivers are banned from texting while driving. They are also banned from speaking on cell phones any time they are operating a motor vehicle.

Texting while driving is negligent behavior.

N.C. bill would ban texting while driving, McclatchyDC.com, April 16, 2009

Texting While Driving Dangerous To Your Health, RedOrbit, November 2008

Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

National Safety Council

For the ninth year in a row, The Law Offices of Michael A. DeMayo LLP has awarded 15 high school seniors a $2,500 college scholarship each because of their grades, community involvement, SAT scores, and original presentations educating other teens about the dangers of underage drinking and driving. Our Charlotte, North Carolina personal injury law firm would like to congratulate:

• Anna Marie DiMeo, Bessamar High School
• Casey Swoope, Central Academy of Technology
• Chelsea Barnes, South View High School
• Christian Payne, Albemarle High School
• Emilia Moncayo, Myers Park High School
• Harrison Brown, West Mecklenburg High School
• Imani Augustus, Ardrey Kell High School
• Jay Johnson, South Caldwell High School
• Kailey Filter, Marvin Ridge High School
• Mark Holcombe, Northwest Cabarrus High School
• Marni Krehnbrink, East Lincoln High School
• Patience Wall, Richmond High School
• Sara Carter, St. Stephens High School
• Savannah Bruns, Fred T. Foard High School
• Zachary Porfiris, Mooresville High School

Visit The Law Offices of Michael A. DeMayo, LLP online to view these students’ winning presentations, which come in various formats (including PowerPoint, brochure, web design, and video).

Although our North Carolina injury lawyers are very familiar with the catastrophic consequences that underage drinking and driving can wreak on the lives of the victims, their family and friends, and the driver, we were stunned to find out that one-third of our scholarship winners have been directly affected by drunk driving.

This year, we received almost 350 scholarship applications and our Charlotte, North Carolina car accident law firm was impressed by the quality of the presentations sent by so many students from the North Carolina and South Carolina counties of Gaston, Mecklenburg, Catawba, Lincoln, Union, Cleveland, Rowan, Stanley, Caldwell, Iredell, Burke, Alexander, Scotland, Robson, Anson, Richmond, Cumberland, Lancaster, York, Marlboro, Chesterfield, and Dillon.

The Law Offices of Michael A. DeMayo remains committed to fighting drunk driving and working with teenagers to discourage them from underage drinking and riving. Each year, we also sponsor the Arrive Alive®: Don’t Drink and Drive! Program. Accompanied by guest speakers, we visit different high schools where we talk to teens about the dangers of drunk driving.

More Blog Posts:
Charlotte, North Carolina Car Accident Law Firm Invites Local High School Students to Join the Fight Against Underage Drunk Driving and Possibly Win a College Scholarship, North Carolina Car accident Lawyer Blog, January 13, 2011

North Carolina Car Accident Law Firm and Former Winston-Salem TV Anchor Join Forces to Combat Drunk Driving Among Teen Drivers, North Carolina Car Accident Lawyer Blog, April 22, 2010

NHTSA Ranks North Carolina and South Carolina as Two US States With Greatest Increase In DUI Deaths, North Carolina Injury Lawyer Blog, September 2, 2008

The Federal Motor Carrier Safety Administration has approved a new rule requiring that the licenses and medical examination certificates of bus drivers and commercial truckers be combined in a single electronic record. This will make it easier to determine whether drivers meet the medical criteria to drive a commercial vehicle. US states have three years to comply with this new rule.

The FMCSA is also proposing creating a medical examiners registry made up of people qualified to medically certify bus drivers and commercial truckers. The administration hopes that making sure that only qualified individuals are allowed to operate such large vehicles will result in greater safety and less truck accidents on US roads.

Unfortunately there are bus operators and tractor-trailer drivers who have suffer from a heart attack, a seizure, lost consciousness, or experienced another serious health emergency while driving. The repercussions of these health problems can be catastrophic for the driver and anyone else involved in the bus or truck accident. Thousands of serious motor vehicle crashes have happened because a bus operator or trucker who shouldn’t have been allowed to operate a commercial vehicle was behind the wheel.

In 1999, 22 people died in a New Orleans bus crash when driver Frank Bedell experienced life-threatening heart and kidney conditions. Despite his poor health, Bedell, 46, had a valid commercial driver’s license and a certificate declaring him medically fit to drive.

Based on a May 2007 – June 2008 study, the Government Accountability Office reported that 536,000 truckers and bus drivers had been issued licenses to operate commercial vehicles even though they qualified for federal medical disability payments. The House Transportation and Infrastructure Committee also determined that it is very easy for commercial bus operators and truck drivers to obtain a forged medical certificate and that this is a common practice.

2007 Large Truck Facts from the National Highway Traffic Safety Administration:

• Out of the 2,224 deadly North Carolina motor vehicle crashes that occurred last year, 151 of the collisions involved large trucks.
• In South Carolina, there were 80 deadly large truck crashes in 2007.
• Nationally, more than 100,000 people were injured in large truck collisions.

Rules Target Medically Unfit Truck, Bus Drivers, AP/CBS, December 2, 2008

Rule seeks to help identify unfit truckers, Business Insurance, December 4, 2008

FMCSA Improves Medical Requirements for Commercial Truck and Bus Drivers, FMCSA, December 1, 2008

Related Web Resources:

Final Rule: Medical Certification Requirements as part of CDL Part of the CDL, FMSCA, December 1, 2008

National Highway Traffic Safety Administration

Over-correcting when driving is a common cause of North Carolina car accidents. A driver ends up off the road, overreacts to the situation, and over-corrects in an attempt to avoid causing a motor vehicle crash. Unfortunately, what can end up happening is that by quickly turning the steering wheel to prevent an accident from happening, a single-vehicle rollover or a collision with another motor vehicle can result.

In January, Joseph Gerald Hart, 16, died in a Raleigh head-on collision with a delivery truck. The teen driver had over-corrected after driving off the road. In November 2007, 16-year-old Joel Duran drove off Interstate 40. While over-correcting, his SUV rolled over. Two of his passengers, 23-year-old Elizabeth Arch and 17-year-old Zepherino Duran were ejected from the vehicle.

Zepherino sustained critical injuries and Arch died from hers. Joel has been charged with assault with a deadly weapon inflicting serious injury and manslaughter.

Adults, too, have known to over-correct. The Highway Patrol makes its troopers practice how to reenter the highway safely and correctly.

Last January, a school bus driver who over-corrected struck an SUV, killing its driver. The North Carolina bus driver, Trumeka Deon Wilson, was charged with misdemeanor death by motor vehicle.

Unfortunately, over-correction and other driving errors can lead to catastrophic North Carolina car accidents that can cause serious injuries or deaths. In these instances, it is time to contact an experienced Raleigh, North Carolina car crash law firm about your case.

Other common mistakes that can lead to catastrophic North Carolina motor vehicle crashes:

• Drowsy driving
• Speeding
• Swerving out of one’s lane. The National Highway Traffic Safety Administration says that 15,574 people died in US traffic accidents in 2007 because a driver swerved out of their lane.
• Drunk driving
• Failure to yield
• Running a red light
• Reckless driving
• Not wearing a seat belt

Over-correcting linked to many accidents, WRAL.com, May 21, 2009

Most Lethal Driving Mistakes, MSN.com

Over Correction- One of the Most Common Mistakes Teens Make, ParentalCourage.com, May 22, 2008

Related Web Resources:
National Highway Traffic Administration

Teen Drivers, CDC

A construction worker sustained critical injuries in North Carolina on Saturday after falling from a more than five story height. The work accident occurred at future site of the luxury Vue Condominiums located in uptown Charlotte.

Fall Accidents at Work:
15% of disabling work injuries are a result of fall accidents, slip accidents, and trip accidents. Some 5,100 workers died in fall accidents in 1999.

Kinds of Falls:

Elevated Falls:These happen less often but result in more serious injuries.

Examples of Elevated Falls:
• Falls from the higher levels of a construction project
• Falls from ladders
• Falls from motor vehicles
• Falls from construction equipment, such as cranes and loading docks

Same-Level Falls: These happen more often but result in less severe injuries.

Examples of Same-Level Falls:
• Slip and fall accidents
• Trip and fall accidents
• Step and fall accidents

It is important that construction companies provide workers with the proper safety clothing and gear and that the correct safety procedures are followed on the site. Failure to implement safety measures can lead to catastrophic injuries. The Occupational Safety and Health Administration says that fall accidents are a leading accidental cause of construction accident deaths.

Worker Critically Injured in 5-Story Fall, Charlotte Observer, October 5, 2008

Man Falls from Uptown Construction Site, WSOCTV.com, October 4, 2008

Related Web Resources:

Preventing Injuries from Slips, Trips and Falls, CDC.gov

Occupational Safety and Health Administration

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

A North Carolina sheriff’s deputy Steven Boehm and firefighter Gene Thomas died on Saturday after being struck by an 18-wheeler truck. The fatal accident took place on a coastal highway near a burn site at Marine Corps Base Camp in Oslow County. Bill Hall, a second deputy, sustained minor injuries from the crash.

Reduced visibility, caused by fog and smoke from the burn, may have played a role.
The truck driver, Fayetteville resident Robert Kornegay, was charged with exceeding a safe speed and two counts of misdemeanor death by vehicle.

18-wheeler Tractor-Trailer Accidents
Traffic accidents involving 18-wheeler trucks can lead to serious injuries for those involved. If you or someone you love suffered serious injuries in a collision with an 18-wheeler tractor-trailer in North Carolina or South Carolina, it is important that you hire an experienced truck crash lawyer.

Trucking companies are prepared when it comes to dealing with injury cases, and many of them will aggressively fight to minimize liability. You need a truck collision law firm that is familiar with the state trucking regulations, as well as the regulations of the Federal Motor Carrier Safety Administration.

Our North Carolina truck crash attorneys have successfully represented clients with trucking accident claims and lawsuits. You are entitled to financial recovery for your injuries and losses.

Causes of Tractor-Trailer Accidents include:

• DUI
• Failure to monitor blind spots
• Driver fatigue
• Break or tire failure
• Unsecured cargo
• Speeding
• Driver inattention
• Reckless or careless driving

Do NOT speak to a truck company representative without your lawyer present. Tractor-trailer accidents are usually catastrophic injury accidents.

Potential defendants in a truck accident case may include the truck driver, the trucking company, the owner of the tractor-trailer, the truck leasing company, the truck manufacturer, and other liable parties.

NC Deputy and Firefighter Killed in Tractor-trailer Crash, Efluxmedia.com, June 15, 2008

Officer Down: Deputy Sheriff Steve Boehm, PoliceOne.com, June 14, 2008

Related Web Resources:

Federal Motor Carrier Safety Administration

Truck Safety Coalition

In Hillsborough, North Carolina, town members are trying to raise funds for Khari Clark-Hester, a 6-year-old girl who is paralyzed from the waist down after she suffered spinal cord and brain injuries during an auto crash on April 10.

Khari sustained these catastrophic injuries when the passenger side of the car she was riding in was hit by a pickup truck. Khari spent several weeks in intensive care at NC Children’s Hospital and was later moved to a rehabilitation center. Her mother and 2-year-old sister were also involved in the crash but are now both fine. Khari needs money to pay for a medical car seat, a wheelchair ramp outside their house, and other medical costs.

In North Carolina and South Carolina, our catastrophic injury lawyers can help you or your injured family member recover personal injury compensation from the negligent party to cover your losses and damages. Catastrophic injuries are often life changing accidents, and living with a TBI or an SCI can be very expensive.

Traumatic Brain Injury
A sudden trauma to the brain can cause a traumatic brain injury. While a mild TBI can result in temporary unconsciousness, headaches, dizziness, or blurred vision, a more person with a serious TBI may experience convulsions, seizures, permanent brain damage, or fall into a coma or brain death.

Spinal Cord Injuries
A severe blow that dislocates or fractures the spine can lead to a spinal cord injury. An SCI patient may experience loss of sensation, sexual dysfunction, respiratory problems, loss of movement, including paralysis, and other serious health problems.

Our North Carolina auto accident lawyers know how to prove that a negligent motorist or another liable party caused your catastrophic injuries. We will zealously pursue your recovery. Our personal injury lawyers have successfully obtained compensation for the families of minors seriously injured in auto crashes.

Community unites to help accident victim, The Daily Tar Heel, June 12, 2008

Town rallies for injured girl, The Chapel Hill News

Related Web Resources:

Spinal cord injury, MayoClinic

Traumatic Brain Injury

The family of Emily Elizabeth May, a Raleigh, North Carolina resident who died in a DWI auto crash last year, is suing the city of Fayetteville, Emily’s friend Danielle Polumbo, ACS State & Local Solutions Inc., Carolina Hospitality of Florida, Fayetteville Miyabi Inc., and Linden resident Brandi Reaves for wrongful death.

May died on May 17, 2007 while riding in a vehicle driven by Polumbo. According to the North Carolina wrongful death lawsuit, the two girls had dinner at Miyabi Kyoto Japanese Steak and Seafood House before proceeding to Secrets Cabaret. Carolina Hospitality owns the nightclub. Polumbo drank alcohol at both spots, even though she was just 20-years-old. The lawsuit alleges that at the club, Reaves, who knew Polumbo, served her a number of drinks.

Soon after leaving the nightclub, Polumbo ran into the red-light camera pole, which is run by ACS and the city of Fayetteville. The camera dropped onto the car and struck May.

May’s family alleges that mounting the camera, which weighed several hundred pounds, on a pole that was designed to “break away” when impacted created an unsafe condition that placed drivers and others on Bragg Boulevard at risk of serious personal injury during a motor vehicle accident.

After the accident, Polumbo’s blood-alcohol level registered at .17%, which is more than double the .08% drunk driving limit. Earlier this year, she pled guilty to reckless driving, DWI, driving after consuming alcohol while under the age of 21, and felony death by vehicle. She was sentenced to 30 days in jail and three years probation.

May’s family is asking for over $10,000 in wrongful death-related damages.

Catastrophic motor vehicle accidents can be complex injury or wrongful death cases that require the skills and knowledge of an experienced North Carolina wrongful death lawyer. In certain instances, more than one negligent party may have contributed to causing the deadly accident. Our North Carolina wrongful death lawyers know how to prove liability so that we can claim damages from all responsible parties.

We can gather evidence, call on accident reconstruction experts, and work with medical experts that can explain how the injury wounds were caused by the accident. We will zealously pursue your wrongful death recovery.

May family files lawsuit in fatal DWI, FayObserver.com, May 16, 2008

North Carolina Drunk Driving Law, About.com

North Carolina Drunk Driving Statistics, Alcohol Alert.com

The family of a man who died after he was implanted with a cardiac defibrillator is suing Boston Scientific for his wrongful death. They allege that the defibrillator was defective and caused his death. Boston Scientific used to be called Guidant Corp. Also named as defendants in the products liability lawsuit are Guidant Puerto Rico Corp. and Guidant Sales Corp.

Joseph Robert was implanted with an Implantable Cardioverter Defibrillator (ICD), a Medtronic InSync Sentry defibrillator with Guidant leads, on October 26, 2000. This device is designed to monitor the person’s heart and when there is rapid, abnormal heart rhythm, the ICD is supposed to send energy to the heart muscle so that the heart can beat at a normal rate again.

In 2005, Roberts was admitted to a hospital for an ICD upgrade to a Vitality 2 biventricular automatic implantable cardioverter-defibrillator. His original ICD was being replaced because it had been found defective and dangerous. Roberts died nearly three weeks after the second device was implanted.

Patsy Roberts, one of the plaintiffs in this products liability wrongful death case, says that in 2007, she found out that Boston Scientific recalled the Vitality 2 because it was considered dangerous and defective also.

The plaintiffs claim that the defendants were grossly negligent and engaged in fraud, misrepresentation, breach of express warranties, breach of continuing duty to warn, breach of implied warrant of fitness, and breach of warrant of merchantability. They also say that the defendants violated the Texas Deceptive Trade Practices-Consumer Protection Act.

They are asking for damages for Joseph’s pain, suffering, and mental trauma before he died, as well as for their own pain and suffering, loss of consortium, loss of affection, grief, and other associated costs.

In North Carolina and South Carolina, our defective medical device lawyers have represented victims and their families whose lives have been catastrophically affected by a defective Guidant cardiac defibrillator. We believe that manufacturers of defective medical devices and the other liable parties should be held financially liable for your pain, suffering, and associated costs.

Wrongful death suit filed against Boston Scientific over cardiac defibrillator, Southeast Texas Record, April 21, 2008

Sudden Cardiac Deaths, Get the Facts 2006, AmericanHeart.org

Related Web Resources:

Boston Scientific

FDA: Some Guidant Defibrillators Recalled, WebMD, June 17, 2005