North Carolina Injury Lawyer Blog

As of yesterday, a Goldsboro tanker-truck driver who sustained burn injuries from a Fayetteville, North Carolina truck accident on Interstate 95 on Monday night remains in critical condition.

Frankie Graves is in Chapel Hill at the N.C. Jaycee Burn Center. The 54-year-old trucker sustained burn injuries on 40% of his body. According to North Carolina state troopers, the fuel tank of Graves’s tanker truck was punctured when the the vehicle struck the guardrail after crashing into a semi-truck that had stopped abruptly to avoid hitting the driver of a pickup truck that had run out of gas.

Graves reportedly jumped out of his cab with his clothes burning. Another man rolled him in the median to put out the fire.

Burn Injuries
Burn injuries can be very painful and they can take a long time to treat and recover from. This can require costly surgeries, skin grafts, physical therapy, and psychological counseling. There may even be internal damage and permanent physical disfigurement. The burn injury victim may no longer be able to work, which makes the need for financial recovery if someone was liable for the injuries even more of a priority.

There is the misconception that passenger vehicle occupants are the only ones that get hurt in North Carolina truck crashes. Truck drivers do get hurt and sometimes it is because of the negligence of another trucker, the driver of a passenger vehicle, a trucking company, a truck manufacturer, or another liable party.

While injured truck drivers are likely entitled to North Carolina workers’ compensation recovery, there also may be third parties that can be held liable.

Burned tanker truck driver still in critical condition, FayObserver, Oct 22, 2009

I-95 tanker accident still causing issues hours later, News 14, October 20, 2009

Related Web Resources:
Traumatic Brain Injury, Medline Plus

Federal Motor Carrier Safety Administration

Continue reading "Goldsboro Driver Sustains Burn Injuries in Fayetteville, North Carolina Truck Crash " »

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

Although texting while driving will be banned in North Carolina beginning December 2009, that doesn’t mean that car drivers and truckers shouldn’t give up this dangerous form of distracted driving as soon as possible. As a matter of fact, a new Virginia Tech Transportation Institute study is reporting that truck drivers increase their crash risk by 23 times whenever they text. Can you imagine how many lives are endangered every time a trucker decides to take his or her eyes off the road and at least one hand off the steering wheel of an 18-wheeler truck or a tractor-trailer just to read or compose a text message?

According to the study, which involved 203 truckers who collectively traveled at least 3 million miles, texting is dangerous because truck drivers appeared to be spending at least 4.6 seconds not looking at the road when checking their electronic devices. Not looking at the road for more than 2 seconds can prove deadly. If a truck driver is driving his or her truck at a speed of 55 mph, 4.6 seconds is enough time for the trucker to have driven the distance equivalent to the length of a football field. Think of how many cars, buses, or motorcycles a truck driver might fail to see during that time.

This news is a good wake up call for anyone who may have lingering doubts about how dangerous texting while driving can be regardless of what kind of vehicle you are driving. Large truck drivers especially must take heed because in most cases, it is the occupants of the smaller vehicles involved in a North Carolina truck accident that have the greater chance of getting seriously hurt.

Meantime, the National Highway Traffic Safety Administration has introduced new large truck braking regulation. Whereas before, tractor- traveling at 65 mph speeds had to stop completely within 355 feet, the new rule requires that they stop within 250 feet. The new standard, which is a 30% improvement of the current stopping distance, will be phased in over a four-year period starting with 2012 models.

The NHTSA hopes that 227 truck accident deaths and 300 injuries will be prevent each year.

Tough New Braking Rules For Large Trucks Will Save Hundreds of Lives Annually, NHTSA, July 24, 2009

Texting and Driving Don't Mix, The Washington Post, July 29, 2009

Related Web Resources:
Cell Phone Driving Laws, GHSA

FMCSA

Virginia Tech Transportation Institute

Continue reading "North Carolina Truck Accidents are 23 Times More Likely to Happen When a Trucker is Texting" »

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

Continue reading " North Carolina Bill Banning Text Messaging While Driving Now Goes to Senate" »

Today marks the beginning of the North Carolina Highway Patrol’s weeklong crackdown on overweight commercial trucks in a number of counties, including Mecklenburg County, Wake County, Robeson County, Guilford County, and Buncombe County. Troopers will be targeting trucks whose weight exceeds what is allowed under federal law, as well as trucks that purposely take alternate routes to avoid weighing stations. Truck safety inspections will also be conducted. Truck drivers apprehended while driving overweight trucks face stiff fines.

Unfortunately, it is not uncommon for overweight trucks to try and get out of having to stop at a weighing station, and state troopers have had to use portable scales to catch trucks suspected of avoiding these stations. Annually, more overweight trucks have been cited from using portable scales than from actual weighing stations.

The weeklong crackdown is the latest in a serious of efforts by North Carolina state troopers to remove overweight trucks off state roads. In 2007, they were able to detect and remove at least 200 million pounds.

Overweight Trucks
Large commercial trucks that violate federal safety standards because they weight too much are considered dangerous. Trucks that are overweight can be more difficult to drive and harder to stop. They are also more prone to rollover accidents and can more easily damage roads and bridges at a faster rate. With every excessive ton that a truck carries, the greater the chance that someone could get injured or killed during a large truck crash.

A Few Large Truck Crash Facts
• The National Highway Traffic Safety Administration says the yearly death toll caused by large truck collisions is equal to that of twenty-six large plane crashes in a year.
• The larger truck—even trucks weighing a legal 80,000 pounds—the greater the chances the commercial vehicle could become involved in a deadly truck accident.
• The larger the truck and the more it weighs, the more time it needs to brake in order to stop.

Truck accidents can be grounds for a North Carolina wrongful death claim or a personal injury lawsuit.

NC Highway Patrol to conduct truck weight crackdown, Citizen-Times, April 13, 2009

Fewer Overweight Trucks Make Safer Roads, Troopers Say, WRAL.com, December 12, 2007

The Dangers of Large Trucks, Advocates for Highway Safety

Related Web Resources:
Federal Motor Carrier Safety Administration

Truck Scales Weigh Stations DOT Rules

Continue reading "North Carolina Highway Patrol Begins Weeklong Crackdown on Overweight Commercial Trucks " »

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" »

In Charlotte, three people sustained injuries on Wednesday when a Fedex truck collided with a tractor-trailer and another truck on I-85 close to Ikea Boulevard. According to troopers, who are still investigating the cause of the North Carolina truck collision, the FedEx trucker may have fallen asleep while driving.

The Charlotte motor vehicle accident occurred around 2:30 in the morning while two trucks and a street sweeper were on the interstate. The FedEx truck rear-ended one trailing truck, which then hit the other truck.

One truck accident victim was transported to Carolinas Medical Center, while two other people were taken to the non-emergency unit at CMC University. According to troopers, they believe the FedEx trucker may have fallen asleep at the wheel because he doesn’t appear to have stepped on the breaks before the rear-end truck crash happened.

Drowsy Driving
Drowsing driving is one kind of distracted driving that can lead to serious injuries for the sleeping driver and those around him or her.

According to the National Highway Traffic Safety Administration, drowsy driving accidents tend to exhibit the following characteristics:
• There were no other occupants in the vehicle with the drowsy driver.
• The auto accident is a serious one.
• Drowsy driving accidents usually happens early in the morning or afternoon or late at night.
• The motorist failed to take action to avoid the auto accident.
• Can result in single-vehicle collisions.

Motorists who are most at risk of engaging in drowsy driving:
• Drivers who are under medication.
• Exhausted drivers who are not getting enough sleep.
• Drivers who are chronically sleepy.
• People with sleeping disorders.
• People who have had too much to drink.
• Shift workers.
• Young motorists.

Driver may have fallen asleep in I-85 accident, WCNC.com, March 11, 2009

Facts about Drowsy Driving, Dps.state.la.us

Related Web Resources:
Drowsy Driving and Automobile Crashes, NHTSA

Truck Accident Web Resources, Justia

If you or someone you love was seriously injured in a Charlotte truck accident, you may be entitled to North Carolina personal injury compensation.

Continue reading "Charlotte Multi-Truck Crash May Have Been Caused by Drowsy FedEx Trucker" »

The National Safety Council wants US lawmakers to push for a nationwide ban of all cell phone use while driving. The NSC says that even hands-free devices are a distraction to drivers, who should be focusing all of their attention on the road and in the vehicle and not on a phone or text messaging conversation going on with someone who is elsewhere.

Findings from the University of Utah and the Harvard Center for Risk Analysis support the claim that use of cell phones and their accessories, including handheld devices, can make for distracted driving. The National Transportation Safety Administration is also backing up these findings and plans to push local lawmakers to establish tougher laws on the issue.

In North Carolina, current laws ban cell phone use and text messaging by teen drivers younger than 18, as well as bus drivers. Now, North Carolina Representative Nelson Dollar says the state should consider banning text messaging while driving.

According to the National Institute of Health, 636,000 auto crashes resulting in 2,600 deaths happen every year because people were talking or texting on a cell phone or another PDA device while driving. 330,000 other victims were injured, with 12,000 of them sustaining serious injuries. The costs incurred by such accidents is over $43 billion annually.

The NSC says that in addition to pushing tougher legislation, it will offer more education and materials about the dangers of driving while using a cell phone.

Distracted Driving
The NHTSA says that driver inattention is the cause of 80% of all auto crashes. According to the NSC’s Cell Phone Use While Driving Fact Sheet:

• The chances of a motorist becoming involved in an auto accident increases by four times whenever he or she is driving while talking on a cell phone.

• Over 100 million people drive and use their cell phones at the same time.

• It is safer to talk to someone who is in your vehicle with you than it is to talk to someone on your cell phone.

N.C. lawmakers could consider texting-while-driving ban, WRAL.com, January 2, 2009

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org, January 12, 2009

Cell Phone Use While Driving Fact Sheet, NSC.org

Related Web Resource:
Cellphone laws, IIHS.org

Continue reading "National Safety Council Wants All US States to Ban Cell Phone Use While Driving " »

The city of Raleigh has agreed to settle a North Carolina truck accident lawsuit filed by plaintiff Nirali Manish Dubal against the city and truck driver Gerardo Gomez Hurtado. The personal injury accident occurred on January 3, 2007 when Dubal, in a Toyota Camry, was struck during a head-on collision with a recycling truck driven by Hurtado.

Dubal, a pediatrician who was working for the North Raleigh Pediatric Group when the personal injury accident happened, sustained fractures to her spine, ankle, and arm. Her North Carolina truck accident lawyer claims Dubal has permanent disabilities as a result of the crash.

Dubal’s North Carolina truck accident lawsuit accused Hurtado of failing to yield the right of way and failing to signal properly before turning left on Bredon Court. The $1.1 million personal injury settlement is the largest settlement to be paid by the city of Raleigh over the past 3 decades. Under the terms of the settlement, Raleigh and Hurtado are released from future claims stemming from the truck accident.

Truck Accident Injuries
Involvement in a North Carolina truck crash can lead to serious personal injuries for those involved. Not only could your injuries result in a great deal of pain, costly medical bills, and permanent disabilities, but your ability to earn a living and live a normal life could also be negatively affected.

If you are thinking about filing a North Carolina personal injury or wrongful death claim against any liable parties, there are steps that you and your truck crash lawyer will need to take to ensure the best outcome possible for your case. In addition to filing your lawsuit before the statute of limitations expires, your personal injury attorney will need to gather evidence, interview witnesses, and examine truck driver logs and other pertinent data. You will also need a medical expert to examine your injuries so that your recovery costs can be properly estimated.

Settlement to cost city $1.1 million, News & Observer, December 31, 2008

Raleigh agrees to pay woman $1M for crash, WWAY.com, December 31, 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

Continue reading "FMCSA Approves New Rule Targeting Medically Unfit Truck and Bus Drivers" »

In Harnett County, five people died and two others were injured on Friday night in a multi-vehicle collision involving a tanker truck filled with gasoline.
The deadly crash occurred at the intersection of NC 27 and Old Fairground Road at around 11pm.

According to the North Carolina Highway Patrol, the deadly truck crash accident happened after the driver of a black Honda Accord ran a stop sign and drove into the path of the tanker truck. The truck drove over the Accord before the two vehicles crossed the center line and struck an Oldsmobile station wagon.

Police say that the truck did not explode or leak gas. The Honda, however, was crushed during the collision with the tanker truck. All of the victims that died were riding in the Accord. Driver Esteban Isidro (a 22-year-old Raleigh resident), Jorge Gallardo (age 23 and also from Raleigh), and Angier residents Norma Martinez, 15, Germain Chavez, 25, and Ashley Martinez, 17, died at the scene. Martinez was pregnant.

The driver of the station wagon, 18-year-old Benson resident Kimberly Jones, was admitted to Betsy Johnson Regional Hospital in Dunn where she received treatment for a broken collarbone and a broken ankle. She was released from the hospital on Saturday.

Truck driver and Pikeville resident Ronnie Vanatta was treated at the crash scene for minor injuries.

Car Accidents
If you were seriously injured or someone you loved died in a North Carolina or South Carolina car accident, you may be able to sue the negligent party or his or her estate for personal injury or wrongful death. To maximize your chances for financial recovery, it is important that you work with an experienced personal injury law firm that knows how to conduct an investigation on your behalf to determine the facts surrounding your accident.

There may be more than one party that can be held liable for your injuries or your loved one’s death. Your medical and recovery expenses may also be significantly more than you think. A good personal injury lawyer will know how much it will cost for you to recover.

Five killed in collision with tanker truck in Harnett, News & Observer, October 26, 2008

Troopers name 5 killed by oncoming truck in NC, FoxNews, October 26, 2008

Related Web Resource:

Large Truck Traffic Safety Fact Sheet, NHTSA

Continue reading "Multi-Vehicle Accident involving Tanker Truck Leaves Five North Carolina Residents Dead and Two Others Injured in Harnett County" »

The North Carolina State Highway Patrol is charging truck driver Carroll Edward Jett with misdemeanor death by vehicle for allegedly causing a multi-vehicle pileup on I-40 last July 1. The deadly multi-vehicle collision occurred east of Asheville when the tractor-trailer that Jett was driving ran into six motor vehicles that were stopped from behind.

According to a police citation, the 60-year-old tractor-trailer driver was speeding. Although no toxicology tests were performed, the Highway Patrol does not believe alcohol or drugs were a factor in causing the crash. 11 people were injured and Haiden Bailey, a 15-month-old toddler, died in the tractor-trailer accident.

54-year-old McDowell County resident Margie Gail Durie sustained serious injuries in the crash. She filed her personal injury lawsuit against Jett, truck owner and employer Coretrans, and Marlboro Warehouse Co.

Durie’s lawsuit accuses Jett of failing to slow down his tractor-trailer, violating state and federal safety laws while operating the truck, failing to pay attention to work zone conditions, failing to keep a proper lookout, and operating his tractor-trailer while recklessly disregarding other people’s safety and rights.

According to the National Highway Traffic Safety Administration:

• 4,808 people died in large truck accidents last year.
• 802 of the victims were in the truck.
• 3,601 truck accident victims were riding the other vehicles that were involved in the crash.

Driver charged in I-40 pileup, Citizen-times.com, August 29, 2008

Woman injured in July I-40 crash sues trucker, trucking company, Citizen-Times.com, August 1, 2008

Related Web Resources:

National Highway Traffic Safety Administration (PDF)

Federal Motor Carrier Safety Administration

A tragic North Carolina accident involving an overloaded tractor-trailer and a Nissan pickup on NC 89 last January has resulted in a wrongful death lawsuit against a Maine trucking company. 68-year-old Glenn Shumate died last January after the Nissan pickup he was riding up Lowgap Mountain was struck by an out-of-control truck loaded with potatoes.

The North Carolina wrongful death lawsuit, filed in Winston-Salem’s Forsyth County Superior Court, accuses B & J Transportation Inc. and trucker Marvin Patton of negligence. The plaintiffs are accusing Patton of not driving the truck safely.

They also claim that the trucking company had told the 53-year-old trucker to drive down the dangerous NC 89 because the route was faster. The lawsuit includes documents alleging that the company purposely directed Patton on this particular route toward Charlotte to avoid a truck weighing station on Interstate 77. Commercial vehicle operator Gale A. Gunders is also named as a defendant in the wrongful death lawsuit.

Loading Trucks
Any time that a commercial driver has cargo in his or her truck, the load must be distributed and secured properly. If the distance that the trucker must drive is over a certain number of miles, then he or she is responsible for rechecking the loads at designated distances. It is also the truck driver’s job to add any safety measures to secure the truck’s load if it appears necessary.

In the event that failure to properly load or secure a large truck results in a motor vehicle accident where others are injured or killed, the trucker, his or her trucking company, and other parties can be held liable for personal injury or wrongful death.

If you have been injured in a truck crash in North Carolina or South Carolina, it is important that you speak with an experienced truck crash lawyer before talking to the trucking company or its representatives.

Lawsuit filed against trucking firm over death, Mount Airy News, August 1, 2008

Part 658: Truck Size and Weight, Route Designations — Length, Width and Weight Limitations, Federal Motor Carrier Safety Administration

Related Web Resource:

North Carolina Department of Transportation

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

Continue reading "Two People Injured as Train Strikes Tanker Truck in Charlotte, North Carolina " »

The Truck Safety Coalition says that a legislative proposal that would let 53-foot tractor-trailers onto main highway routes in North Carolina is dangerous and could cause serious truck injuries. The proposal just passed in the state Senate and will now be considered by House lawmakers.

Opponents of the new legislation have voiced concerns that the longer trucks are hard to control on narrow, winding, and two-lane roads even for experienced truckers. In some North Carolina areas, other motorists have been run off the roads because the drivers of 48-foot trucks haven’t been able to stay in their lanes.

The House of Transportation Committee will look at the bill this week, which the North Carolina Senate approved by a 47-0 vote last week. If approved, the measure would also loosen weight restrictions on trucks and allow for the transportation of recreational boats 10 feet wide or smaller without a permit. The current regulation allows only boats 8 ½ feet wide or smaller to be transported on North Carolina’s roads without a permit.

Supporters of the bill claim that 53-foot trailers is the new industry standard and that passing the proposal will help boost the state’s economy. However, while it allows for the barring of certain vehicles on specific routes if engineering studies show that their presence on these roads is a hazard, the new legislation does not mandate the studies.

Trucking accidents can cause serious injuries to passengers. Truck accidents have been known to occur when the truck driver:

1) Steps on the brakes. Bigger trucks can’t stop as quickly as smaller trucks, cars, and motorcycles. Many large trucks need almost 800 feet to brake to a stop—compared to the approximately 400 feet that many motorists need.

2) Makes a turn. Larger trucks need more space to turn left or right.

3) Fails to notice a vehicle or pedestrian in the truck’s blind spot. Truck drivers have major blind spots and they do not always check these areas to make sure that there is nothing there.

4) Large trucks are not as easy to control or maneuver as regular automobiles, which can create a problem on narrower roads or roads with just two lanes.

If you or someone you love was seriously injured in a truck accident because of another party’s negligence, contact our North Carolina truck accident lawyers today.

Safety group opposes lifting truck restrictions, WCNC.com, June 24, 2008

State Senate votes to allow bigger trucks, Newsobserver.com, June 18, 2008

Related Web Resources

Truck Safety Coalition

Continue reading "Truck Safety Coalition Says Allowing 53-Foot Long Tractor-Trailers Onto North Carolina Highways Will Endanger Lives" »

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

Continue reading "18-Wheeler Tractor-Trailer Crash Claims the Lives of a Firefighter and a Sheriff’s Deputy in North Carolina" »

A report released by AAA Carolina ranks the most dangerous places to drive in North Carolina. Haywood County was named the place where there is the “Best chance of being in a collision” under the category “Top 5 Dangerous Counties for Tractor-Trailers.”

Haywood’s Interstate 40, which is winding and narrowly built, is one of the reasons for the high motor vehicle crash rate. The I-40 once was once known for having the highest rate of tractor-trailer crashes in the United States.

The large amount of traffic—in particular, tractor-trailers—that pass through the area is another reason that so many accidents occur. The cold weather can cause the roads and tunnels to become icy.

Swain County and Graham County ranked at the top of the “5 Dangerous Counties for Motorcycles” under the categories “Best Chance for Being Injured” and Best Chance of Being in a Collision.”

Graham County was also named the leading North Carolina County where one has the “Best Chance of Being Killed.” A major reason for this high ranking is the 318 curves on its 11-mile stretch of U.S. 129. The fact that the number of people buying and riding motorcycles is increasing is also playing a role.

Also ranking on the AAA Carolinas list is Gaston County, which ranked number 27 out of the 30 most dangerous counties in North Carolinas for auto crashes. On a positive note, it ranked 91 out of 100 counties where deadly accidents will most likely take place.

Mecklenburg County ranked number six under the most dangerous counties list. Also listed among the counties where motor vehicle collisions were most likely to occur were Lincoln County at number 25 and Cleveland County at number 33.

The number one county where auto wrecks were most likely to happen, for the fifth year in a row, is New Hanover County.

The North Carolina county where you are least likely to get into a motor vehicle wreck is Currituck County. Chowan County is the area where you are least likely to die in a car crash.

If you were injured in a motor vehicle crash or someone you love was killed in an auto collision that was caused by another negligent party in North Carolina or South Carolina, our motor vehicle accident law firm would like to offer you a free consultation to discuss your personal injury or wrongful death case.

Gaston County ranks in top half for wrecks, but few end in fatalities, GastonGazette.com, February 5, 2008

Mountain roads cited as among the state’s most dangerous, Smoky Mountain News, February 6, 2008

Related Web Resource:

AAA Carolinas

Continue reading "AAA Carolinas Releases Its List of Most Dangerous Places to Drive in North Carolina" »

One man is dead and another person was injured in North Carolina last week in a three-vehicle collision that occurred when a tractor-trailer’s brakes failed while headed south on NC 89. The tractor-trailer then crossed the center line, striking a Nissan pickup truck and then a Chevrolet van before slamming into a mountain and catching fire. North Carolina Highway Police say that the tractor-trailer was moving at 65 mph when the collision occurred.

Pickup truck driver Glenn Roy Shumate, 68, died upon impact. Marvin Patton, the tractor-trailer driver, sustained minor injuries. He was released from the hospital after treatment and charged with death by motor vehicle, driving left of center, and speeding.

Speeding is one of the number one causes of truck accidents caused by a truck driver. Speeding can cause accidents because a truck driver may not have enough time to stop crashing into another motor vehicle or pedestrian. It can also prevent another car driver, motorcyclist, or pedestrian from getting out of the way of a truck before being struck.

Tractor-trailer accidents can be very tragic events, especially for pedestrians or the passengers of any other vehicles that are involved in a collision with a tractor-trailer.
A tractor-trailer that is fully loaded can weigh tens of thousands of pounds—compare that to the 3,000 or so pounds that regular motor vehicles weigh.

If you are injured in a truck collision, you should contact a North Carolina or South Carolina truck accident lawyer right away. Tractor-trailer collision claims and lawsuits are more complex to deal with than regular car accident cases, and it is important that the personal injury lawyer that you hire knows how to properly deal with truck companies and their insurance companies.

It is not uncommon for there to be more than one liable party that can be held responsible for a truck accident. For example, the truck company may have failed to service the truck so that a brake or engine malfunction ended up causing a fatal accident, or the maintenance company may have neglected to properly service the truck.

Even if the truck driver caused the accident by speeding or engaging some other negligent behavior behind the wheel—the truck company might still be partially responsible for the collision if it allowed the driver to operate the tractor-trailer for longer than the legally allowed number of hours.

Your tractor-trailer collision lawyer will know what evidence to gather in order to properly investigate your case and prove that you deserve personal injury compensation for your injuries from the truck accident.

One dead in three-vehicle accident, The Mount Airy News, January 23, 2008

Related Web Resources:

Federal Motor Carrier Safety Administration

Speeding, Advocates for Highway and Auto Safety/SafeRoads.org

Continue reading "Tractor-Trailer Accident on North Carolina Highway Kills One Man and Injures Another" »

Two people were taken to a hospital in Chapel Hill, North Carolina in critical condition and at least 48 others were transported to a Henderson hospital after a Greyhound Bus and a tractor-trailer collided near Henderson.

The bus was headed toward Raleigh on U.S. Route 1, when, according to a NC Highway Patrol Officer, it failed to slow down while the tractor-trailer attempted to turn. The bus rear-ended the truck. The bus then drove off the shoulder and down an embankment where it landed on its side.

If you are ever injured in an accident involving a bus or truck anywhere in North Carolina or South Carolina, you should speak to a personal injury lawyer right away.

Truckers and bus drivers are upheld to higher standards of motor vehicle safety than regular motorists. Injury accident cases involving buses or trucks are usually more complicated to prove than car accident or motorcycle crash cases.

An experienced truck accident attorney will be familiar with the Federal Motor Carrier Safety Administration regulations that truck drivers and bus drivers are required to follow. A truck crash attorney knows what to look for to determine whether the truck driver was working beyond his or her legally allowed number of hours or whether a truck malfunction was the cause of a deadly crash.

Your bus accident lawyer can also determine whether other parties, ncluding the bus company, the government, a school district, or anyone else aside from the bus driver, can be held liable for your injury accident.

The size and weight of a large motor vehicle striking a victim who has little in the way of physical protection can lead to catastrophic—even deadly—injuries. Children, especially those riding school buses, are especially prone to serious injuries if they are involved in a school bus accident.

There are specific steps that you must take to maximize your chances for recovery in North Carolina or South Carolina if you are involved in any kind of motor vehicle crash.

50 Hurt in NC Bus, Tractor-Trailer Wreck, FoxNews, January 2, 2007

Greyhound Bus, Tractor-Trailer Collide On U.S. 1 Near Henderson, WXII12, January 2, 2007

Related Web Resources:

FMCSA

Greyhound Bus Line

Continue reading "At Least 50 People Sent Hospitals After Greyhound Bus-Tractor-Trailer Accident Near Henderson, North Carolina" »

A North Carolina mother and daughter died on Saturday when the car the 2001 Saturn they were riding in was struck from the back by a Food Lion tractor-trailer on Interstate 95 close to Benson, North Carolina.

Catherine Salter, 75, and her daughter Gail, 50, died at the scene of the crash. The truck driver, Ronald J. Hudson, was not hurt. Investigators are trying to determine the cause of the accident.

If someone you love is killed in North Carolina or South Carolina because a truck driver, car driver, motorcyclist, or bus driver was negligent, your deceased loved one’s estate may have grounds to file a wrongful death claim to recover financial compensation for your loved one’s accidental death.

In North Carolina, wrongful death recovery can include compensation for:

• Medical costs of the decedent for treatment of the injury that led to the death
• Funeral, cremation, or burial costs
• Pain and suffering experienced by the deceased
• Lost income that the decedent would have provided as financial support
• Loss of companionship and comfort
• Punitive damages

It is important that you ask an experienced South Carolina or North Carolina wrongful death lawyer to help you. If the wrongful death was caused by a negligent truck driver—you will need the help of an attorney who is experienced in dealing with trucking companies and their insurers.

Truck accident cases are more difficult to prove than car accident cases. Your truck accident lawyer needs to be familiar with the Federal Motor Carrier Safety Administration’s regulations and understand the way truck companies and their insurers handle the personal injury and truck crash claims that are filed against them.

Crash kills Plainfield mother, daughter, Courier News Online, December 19, 2007

Related Web Resources:

Federal Motor Carrier Safety Administration

What Are the Causes of Truck Accidents?, RoadSafeAmerica.org

Continue reading "North Carolina Mother and Daughter Killed in Benson Tractor-Trailer Crash" »

Four people died in North Carolina’s mountain area in two separate motor vehicle crashes involving tractor-trailers on Highway 421.

In the October 26 crash, one woman and two men died were killed on Hwy. 421 west of Wilkesboro, North Carolina after the Chevy Avalanche they were riding in was involved in a motor vehicle collision with a tractor-trailer. The names of the victims are Thomas Cameron Simon, Mary E. Wiggins, and George Wesley Wiggins. Another injury victim, Cheryle Cotter Simon, was taken to Wake Forest Baptist Medical Center. As of October 30, she was reportedly in critical condition.

According to the North Carolina Highway Patrol, tractor-trailer driver Curtis Isaac crossed the center line before his tractor-trailer overturned and struck the Chevy driven by Thomas Cameron Simon. On October 29 in Wilkes County, Mondy was charged with three counts of misdemeanor death by vehicle and reckless driving.

On October 29, another deadly accident involving a tractor-trailer and several motor vehicles occurred on Highway 421 between Zionville and Villas. The multi-vehicle collision occurred because a car driver fell asleep at the wheel. One person died in the fatal collision. Locals consider this area of the highway to be particularly dangerous—and many motor vehicle accidents involving people unfamiliar with the area occur on this section of the road.

Tractor-trailers and large trucks involved in serious motor vehicle accidents can lead to fatalities and serious personal injuries. Trucks are large in size and can be very heavy-especially if they are fully loaded with heavy machinery or other materials. A tractor-trailer or other large truck driving over the speed limit can be deadly

The US Department of Transportation and the Federal Motor Carrier Safety Administration have released preliminary national large truck crash statistics for 2006, including:

• 12,494 large trucks were involved in truck accidents where there were no fatalities
• 81,312 truck crashes resulted in people sustaining injuries
• 75,390 large trucks resulted in towaway cashes

The Federal Motor Carrier Safety Administration holds truck drivers to specific safety driving standards and truck accidents are more challenging to prove than regular motor vehicle accidents, which is why you should hire an experienced North Carolina truck accident attorney who is familiar with the way truck companies and their insurers handle injury cases.

Two North Carolina Tractor Trailer Accidents Cause Fatalities, Associated Content, October 30, 2007

2006 National Large Truck Crash Facts, Crash Statistics

Related Web Resources:

Federal Motor Carrier Safety Administration

Truck Accident Statistics, StatsSheet.com

Continue reading "Four People Die in Two North Carolina Tractor-Trailer Crashes on Highway 421" »

The driver of a car was injured in west Charlotte, North Carolina on Sunday after the motor vehicle collided with an 18-wheeler truck. Medics took the driver, who had serious injuries, to Carolinas Medical Center. The motor vehicle accident took place on Billy Graham Parkway and West Boulevard.

The car ended up going under the truck and being completely totaled. Police have been working on determining the cause of the truck accident.

Any time a person is involved in a motor vehicle accident involving a large truck, there is a good chance that the persons involved who were not riding in the truck may have sustained serious injuries. Large trucks tend to be very heavy in weight as well size. While the driver of a truck may be protected by the size and weight of a truck during a collision with a motorcycle or small car, the passengers in the other vehicles may not be as lucky.

By law, truck drivers have to adhere to stricter standards of safety than the drivers of cars and motorcycles. Regardless, truck accidents do occur, and the injuries that result are often serious and life threatening.

If you or someone you love has been injured in a truck accident in North Carolina or South Carolina because a driver acted negligently or carelessly, you should speak with a personal injury attorney right away.

Your attorney can investigate the accident scene and the vehicles involved while the evidence is still preserved. He or she can also look at the truck driver’s log reports to see whether the truck driver had been driving longer the legally allowed driving time for truck drivers when the accident occurred.

Some common causes of motor vehicle accidents involving trucks:

• Driver fatigue
• Not enough truck driver training
• Drunk driving
• Improperly loaded trucks
• Negligence
• Carelessness
• A truck that is poorly maintained
• Speeding
• Equipment failure
• Jackknifing
• Driving for a longer period of time than is legally allowed
• Using the cell phone while driving
• Reckless driving

Not only can the truck driver be held liable for a victim’s injuries, but the truck company and the company that hired the truck can also be named as responsible parties if evidence shows that they acted negligently—whether directly or indirectly—and were also responsible for the accident taking place.

Driver Runs Into 18-Wheeler, Rushed To Hospital, WSOCTV.com, September 23, 2007

Related Web Resources:

Federal Motor Carrier Safety Administration

Facts About Trucks - Eighteen Wheelers, The Truckers Report

Continue reading "Car Driver is Injured After Driving Under 18-Wheeler Truck in Charlotte, North Carolina" »

As part of “Operation Road Watch,” North Carolina troopers spent two days monitoring roads in the Charlotte area to see whether any commercial truck drivers were in violation of the state’s safety regulations.

Highway Patrol officers cited large truck drivers for over 500 violations—some violations were minor, but other violations could have proven seriously dangerous to other North Carolina drivers if an accident had occurred.

Close to three-dozen trucks and over two-dozen truck drivers were pulled off the road for these serious violations. Almost 300 commercial vehicles were inspected and fines worth thousands of dollars were issued because a number of the trucks were overweight.

Here are the results from Operation Road Watch:

• 290 Commercial Motor Vehicles Inspected by Troopers
• 151 Driver violations (26 removed from service)
• 235 Truck violations (35 trucks removed from service) 
• $7,851 out of service fines 
• 211 trucks weighed
• 139,950 over-weight pounds
• $8,072.80 over-weight fines

State police also looked at other drivers to see whether or not they were driving safely, especially when there were large trucks on the road.

Operation Road Watch is the first program to concentrate its attention on commercial motor vehicles. The program comes following a series of motor vehicle accidents involving large trucks. Unmarked motor vehicles and helicopters are also being used in the crackdown. The watch, which has begun in Mecklenburg County, will sweep through other counties later this year.

Every year, North Carolina police officers and state troopers examine over 16,000 collisions involving motor carrier vehicles. In 2006, 5,845 people were injured and 151 others were killed in accidents involving commercial motor vehicles.

The drivers of commercial vehicles are mandated by law to not only follow the rules of the road that car drivers and motorcycle drivers must follow, but they must also abide by the safety standards that have been set in place by the Federal Motor Carrier Safety Administration and the state.

In the event that a person is injured by a negligent truck driver, he or she should speak with an experienced personal injury attorney that understands the nature of truck injury accidents and the different regulations involved. Personal injury claims involving trucks are much more complicated to resolve than personal injury cases involving just cars or motorcycles. An experienced personal injury lawyer can help you file a successful claim regarding your truck accident.

Authorities pull unsafe truckers, rigs off the road, News-Record.com, July 23, 2007

Operation Road Watch, NCcrimecontrol.org

Related Web Resources:

NC Department of Crime Control & Public Safety

Federal Motor Carrier Safety Administration

Continue reading "North Carolina Authorities Pull Unsafe Truck Drivers Off Roads in Charlotte" »