North Carolina Injury Lawyer Blog

It’s been official for some time now. Texting while driving is dangerous. So why do many people still do it? The risks that come with this bad driving habit are the focus of this week’s Distracted Driving Summit being held by the US Department of Transportation.

At the opening of the two-day conference, Secretary of Transportation Ray LaHood provide attendees with the National Highway Traffic Safety Administration's 2008 distracted driving statistics:

• 515,000 injuries
• 5,870 deaths
• On any day, nearly 800,000 drivers used a handheld cell phone

While drivers under age 21 make up the greatest portion of distracted drivers, there are many adults who text and drive. Our Charlotte, North Carolina car accident lawyers realize that it can be difficult to fathom how texting, a seemingly harmless activity, can be so deadly. But the statistics, research findings, and the number of people whose lives have been destroyed because they were injured or lost a loved one in a cell phone crash or a text messaging accident can no longer be ignored.

Virginia Tech Transportation Institute recently reported that large truck drivers increase their crash risk by 23 times when they text and drive. Merely reaching for communication device or dialing a cell phone increased the chance of a car accident or a truck collision by six times. The AAA Foundation for Traffic Safety says that more than 1 million auto crashes a year that happen in North American can be linked to driver inattention.

Texting while driving becomes illegal in North Carolina beginning December 2009. There is still no law banning motorists from texting in South Carolina. Unfortunately, even with all the information and new laws, there will be still people out there who will risk their lives and the lives of others to make that cell phone call, send a text, turn the iPod dial to find the perfect song, or surf the web on their Blackberry or iPhone to stay abreast of the latest news headlines.

New Research Finds Increase in Use of Hand-Held Devices Among All Drivers, DOT.gov, September 30, 2009

Texting Trouble: Transportation Summit to Address Distracted Driving, September 30, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

AAA Foundation for Traffic Safety

Continue reading "NHTSA Reports Nearly 6,000 Distracted Driving Deaths in 2008" »

According to data from the Fatality Analysis Reporting System, there were 37,261 US traffic deaths in 2008. 1,433 of those fatalities occurred during the 1,324 North Carolina motor vehicle accidents that happened last year. Nationally, there were:

• 50,430 motor vehicle crashes
• 25,428 motor vehicle occupant deaths
• 714 bicyclist deaths
• 1,045 child traffic fatalities (under age 13)
• 4,054 teen traffic deaths
• 4,268 of the fatalities were older seniors (ages 70 and over)
• 4.008 large truck deaths
• 5,091 motorcyclist deaths
• 4,378 pedestrian deaths

Motor vehicle accidents continue to be a leading cause of fatalities in the US. The injuries and deaths that are a result of auto collisions can take huge physical, emotional, mental, and psychological tolls on traffic crash victims and their families. This is one reason that you should contact an experienced Charlotte, North Carolina injury law firm as soon as possible.

As our North Carolina motor vehicle crash lawyers reported previously, the number of traffic deaths declined between 2008 and 2007, when there were 1,705 traffic deaths in the state. Yet we cannot ignore the fact that lives are still being lost in motor vehicle collisions due to defective auto parts, defective roadways, and negligent drivers.

In addition to the hazards posed by drivers who drive drunk, speed, or fall asleep while operating their motor vehicles, modern technology now has presented us with the additional dangers of talking on the cell phone, text messaging, updating one’s Facebook status, or Twittering while driving. These activities may seem harmless are enough, but they really aren’t when coupled with operating a motor vehicle.

No two North Carolina traffic crashes are alike, which is why you should speak with a Charlotte motor vehicle crash lawyer who is experienced in dealing with your type of motor vehicle accident. The sooner you start exploring your legal options, the easier it will be to focus on physical recovery while your Hickory, North Carolina injury lawyer begins the claims process for you.

Fatality Facts, Insurance Institute for Highway Safety

Related Web Resources:
National Highway Traffic Safety Administration

Fatality Analysis Reporting System

According to the North Carolina Transportation Department, the number of people that died in motor vehicle accidents throughout the state in 2008 compared to 2007 decreased by 18%. State transportation officials say there were 1,406 traffic deaths last year, compared to 1,705 the year prior.

Traffic fatalities involving alcohol use also dropped, by 19.8% from 489 deaths in 2008 to 392 fatalities in 2007, while motorcycle deaths declined by 26% from 192 to 142.

N.C. Secretary of Transportation Gene Conti says that the decline in traffic deaths shows the state’s commitment to working with local agencies to ensure that North Carolina is a safe place for ground travel. So far, in 2009, North Carolina traffic deaths are down 12% compared to the same time period during 2008.

Earlier this year, South Carolina’s public safety department also reported a sharp drop in traffic deaths for 2008. While 1,077 people died in South Carolina motor vehicle crashes in 2007, 894 traffic fatalities occurred in 2008.

According to the UNC-Chapel Hill's Highway Safety Research Center, the decrease in motor vehicle deaths in all of the US states last year can be attributed to the fact that there weren’t as many motorists on US roads. Yesterday, the US Department of Transportation reported that the number of motor vehicle deaths that occurred nationally for 2008 was the lowest figure since 1961.

The National Highway Traffic Safety Administration says about 37,313 traffic fatalities occurred throughout the US last year. There were 41,059 motor vehicle deaths the year before. Seat belt use was slightly up in North Carolina, at 89.8% in 2008 compared to 88.8% in 2007. Safety belt use in South Carolina went up to 79% last year from 74.5% the year before.

Any decline in motor vehicle deaths is a positive step forward toward creating greater safety on US roads. However, if you have been involved in a North Carolina or a South Carolina motor vehicle accident that was someone else’s fault, you should consider your legal options regarding personal injury or wrongful death before settling with the negligent party’s insurer.

N.C. traffic deaths down in 2008, News-Record, January 7, 2009

SC traffic deaths plummet in 2008, The Post and Courier, January 2, 2009

Related Web Resources:
Early Estimate of Motor Vehicle Traffic Fatalities in 2008(PDF)

Seat Belt Use in 2008-Use Rates in the States and Territories, NHTSA (PDF)

North Carolina Department of Transportation

Continue reading "North Carolina Traffic Fatalities Dropped 17% in 2008" »

The World Health Organization has released its World Report on Child Injury Prevention. Among its findings is that motor vehicle deaths continue to be the leading cause of child fatalities. Almost a million children die around the globe annually because of accidental injuries, many of which are preventable.

The WHO Report's Leading Causes of Accidental Child Injuries:

1. Traffic Accidents: 260,000 kids a year are killed. 10 million others are injured. This is also the #1 cause of fatalities among children, ages 10-19. Motor vehicle crashes are also the #1 cause of child disabilities.

2. Drowning Accidents: While some 3 million children survive drowning accidents each year, about 175,000 others are killed. Many drowning accident survivors suffer from permanent brain damage.

3. Burn Accidents: 96,000 kids die each year from their burn injuries.

4. Fall Accidents: 47,000 youths die every year because they fell. Hundreds of thousands of children survive fall accidents, but with injuries.

5. Accidental Poisoning: Over 45,000 youths are killed annually because they ingested something that was poisonous.

The WHO’s Department of Injuries and Violence Prevention director, Dr. Etienne Krug, says that injuries become the number one cause of child deaths once a young person turns 9. In the US, these leading causes of child injuries and fatalities are also among the common causes for personal injury and wrongful death lawsuits involving injuries to minors.

If your son or daughter died in a North Carolina auto accident, bus crash, pedestrian accident, bus collision, train accident, premises liability accident, or fall accident, there are steps you can take to make sure that you hold the liable party responsible and that you get your child the medical care he or she needs to recover.

Injury Risks For Children Vary Around The World, Washington Post, December 23, 2008

Traffic Accidents Top Cause Of Fatal Child Injuries, NPR, December 10, 2008

Related Web Resources:

World Report on Child Injury Prevention Report, WHO (PDF)

CDC Childhood Injury Report, CDC

Continue reading "Motor Vehicle Accidents Continue to be the #1 Killer of Children, Says World Health Organization" »

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

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

Continue reading "Woman Injured In Raleigh, North Carolina Bicycle Accident Dies " »

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

Continue reading "North Carolina Bicyclist and Brain Injury Awareness Advocate Dies After Accident With Van During Charity Bike 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

Continue reading "North Carolina Cyclist Dies After His Bicycle is Struck in Collision with Pickup Truck" »