North Carolina Injury Lawyer Blog

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

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Posted In: Truck Accidents , Wrongful Death

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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 " »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Train Accidents , Truck Accidents

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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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Personal Injury , Truck Accidents , Wrongful Death

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Car Accidents , Motorcycle Accidents , Truck Accidents , Wrongful Death

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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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Bus Accidents , Truck Accidents

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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" »

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Posted In: Truck Accidents , Wrongful Death

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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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Truck Accidents

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Truck Accidents

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