North Carolina Car Accident Lawyers Blog

North Carolina Highway Patrol officers investigated 1,422 car accidents during the 2009 Labor Day weekend. Twelve people were killed and 903 were injured. Again this year, troopers will be out in force issuing speeding citations and targeting drunk drivers in an effort to reduce the risk of North Carolina car accidents, the reflector.com reports.

The North Carolina car accident attorneys at the Law Offices of Lee & Smith, P.A., offer nearly 100 years of experience representing Carolina accident victims. We have one goal in mind and that is to fight for the maximum compensation available for clients injured in a car accident. We do not work for big corporations or insurance companies, we represent injured motorists in North and South Carolina. Our clients are served by a tailor-made team of personal injury lawyers and staff, investigators and medical and legal professionals who are best suited to fight for the compensation you deserve.

As law enforcement and residents prepare for the coming holiday, Hurricane Earl adds wicked weather to an already booked Labor Day weekend. Earl is expected to brush the North Carolina coast as a major hurricane, inviting evacuation plans and hurricane preparedness to the last summer holiday.

According to the North Carolina Department of Crime Control & Public Safety, hurricane-force winds may be possible along the Outer Banks and sounds while tropical storm force winds may be felt as far inland as I-95."Hopefully this storm will move through the area quickly, so that folks planning to go to our beaches this weekend can still enjoy the long Labor Day weekend," said Gov. Perdue. "But, above all, we want everyone to be safe."

For real-time online tracking of Hurricane Earl's path, visit http://www.ibiseye.com/.

Continue reading "Hurricane Earl, holiday travel, will increase risk of North Carolina car accidents" »

Preventing North Carolina school bus accidents and bicycle and pedestrian accidents involving students will require everyone to remain alert this week as our children begin returning to classes.

The National Highway Traffic Safety Administration reports that the nation's school bus system has an excellent safety record -- averaging just 19 fatalities per year. Yet thousands of students are injured each year in school bus accidents. The start of the school year brings increased risk as students, drivers and motorists once again grow accustomed to the rules of the road.

Each year, more than 2,000 motorists are cited for illegally passing a school bus. Please remember that motorists must stop for a bus displaying red flashing lights and must wait until the lights are withdrawn and the stop sign is retracted before passing a school bus.

The state offers one of the country's most comprehensive school bus safety sites at www.ncbussafety.org. Tips include:

-Use a backpack to prevent dropping things on the way to and from the bus or beneath the school bus.

-Wear bright contrasting colors.

-Allow plenty of time to reach the bus stop -- running or hurrying can be dangerous.

-Walk young children to the bus stop and have older children walk in groups.

-Walk on the sidewalk whenever possible; stay off the street.

-Look left, right, left at intersections. Children should look left first and last because that is the direction of the closest oncoming traffic.

-Do not allow children to engage in pushing or other rough horseplay at the bus stop.

-Wait for the bus at least 10 feet away from the road.

-Never attempt to retrieve anything from under the bus.

Continue reading "Students at increased risk of North Carolina school bus accidents as classes begin" »

A Charlotte, North Carolina semi accident closed a portion of Interstate 77 over the weekend, WCNC reported.

Our North Carolina truck accident attorneys continue to be concerned about the high number of accidents involving trucks and other large commercial vehicles. The extreme weight of tractor trailers -- many weigh as much as 80,000 pounds, or 20 times the weight of a passenger car -- make them deadly in the event of an accident involving other motorists on the road.

The National Highway Traffic Safety Administration reports there were 380,000 trucking accidents on the nation's highways in 2008, which claimed 4,229 lives and injured more than 90,000. North Carolina trucking accidents killed 143 motorists that year; South Carolina truck accidents claimed 81 lives.

The accident happened shortly before noon on I-77 southbound, near where it intersects with I-485 in north Charlotte. The southbound lanes were closed for several hours and traffic was rerouted to U.S. 21. The North Carolina Highway Patrol reports that one person was transported to the hospital with undisclosed injuries.

The vast majority of fatality victims in large trucking accidents are motorists in other vehicles. In 2008, three quarters of those killed or injured were passengers in another vehicle, accounting for 3,139 deaths and 64,000 injuries.

Channel 9 reported that troopers were uncertain about what caused the accident.

Continue reading "Charlotte, North Carolina trucking accidents a serious threat to motorist safety" »

Six people were injured this week in a North Carolina RV accident in the Great Smoky Mountains National Park, according to the National Parks Traveler.

The Carolinas are a popular destination for RV travelers throughout the summer and fall and nowhere are the views greater than in our national parks. However, RV accidents are frequently very serious, particularly for unbelted passengers or for other motorists on the road. An accident with an RV can be similar to an accident with a large bus or semi and can be devastating to motorists in a passenger car. Despite their size, motor home drivers frequently have little or no additional training, putting them at increased risk for a serious or fatal accident. Consulting a North Carolina injury lawyer can help protect your rights in the wake of a serious traffic accident involving an RV or motor home.

In this case, the RV slid down a 100 foot slope, injuring six people on board. The accident occurred when the Miami driver attempted to pull onto the shoulder of the road about 3 miles south of Newfound Gap. He was unable to stop or properly negotiate the narrowing shoulder and the RV fell on its side and slid down the steep embankment.

Two occupants with severe injuries were airlifted to Memorial Mission Hospital in Asheville. Four others were taken to Cherokee Hospital with less serious injuries.

The road was closed for several hours while a crane removed the SUV from the site.

RV safety tips are available here.

The Asheville Citizen-Times report is available here.

The WBIR report is available here.

Continue reading "North Carolina RV accident injures 6 after motor home slides down embankment " »

Asheville, North Carolina car accidents and traffic accidents elsewhere in western North Carolina could be reduced by free educational videos from AAA, which are being distributed to school districts in an effort to educate young motorists about the dangers of distracted driving.

As we reported last week on our North Carolina Car Accident Lawyers Blog, teenagers often ignore the dangers of distracted driving, including text messaging and using a cell phone while behind the wheel. Nationwide, 6,000 motorists are killed and more than 500,000 are injured in crashes caused by distracted driving, according to the National Highway Traffic Safety Administration. Teens are at greatest risk.

Taking the message to teens at school is just another way to get the word out.

"Traffic accidents are the number one killer of teenagers, and texting while driving is a painful contributor to this cultural epidemic," said Tom Crosby, president of the AAA Carolinas Foundation for Traffic Safety. "The anti-texting message needs presentation in as many ways as possible ¬ graphic to statistical to anecdotal - to reach young, inexperienced and text-happy drivers."

The effort comes in the wake of the death of a Buncombe County teenager who police say hit another vehicle with trying to retrieve a text message. Schools will have access to a 30-second public service announcement, a 4-minute video and a 30-minute video.

Counties receive the material include Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania and Yancey.

Meanwhile, the U.S. Senate is considering a bill that would reward states for passing tough new laws on cell phone use while driving. The bill would reward states by issuing grants from $94 million in surplus federal highway dollars. And the U.S. Department of Transportation has convened the second annual Distracted Driving Summit, which is scheduled to occur next month in Washington D.C.

Continue reading "Western North Carolina high schools to get distracted driving videos aimed at reducing car accidents" »

A stop sign violation could be the cause of a Monroe, North Carolina car accident that killed two Wingate University students, WRAL reported.

The North Carolina Highway Patrol reports the crash happened about 9 a.m. Saturday when a vehicle full of students ran a stop sign and was struck by a farm truck at the intersection of White Store and Old Pageland Monroe roads. Both the driver, who was from Fayetteville, and a passenger from Greensboro were killed.

Our North Carolina injury lawyers frequently report about the dangers teens face behind the wheel. Traffic accidents are the leading cause of death for young people ages 15 to 20, according to the National Highway Traffic Safety Administration.

Two other passengers and the truck driver were transported to Carolinas Medical Center in Charlotte. Officials from the university report the students were headed to a leadership training activity, located about six miles from the school, at the time of the crash.

Nationwide, 5,864 young drivers were involved in fatal crashes in 2008. North Carolina car accidents involving young drivers resulted in 250 traffic fatalities; South Carolina accidents involving young drivers claimed 141 lives.

In this cases, the families may be able to make a claim for damages against the at-fault drivers insurance policy. An experienced attorney will also be able to determine whether a claim can be made against the truck driver or the university.

Continue reading "Monroe car accident claims life of North Carolina university students" »

Police continue to investigate what caused a deadly Carolina trucking accident on Monday that claimed the life of a Charlotte man, the Herald reported.

The fiery crash on I-77 killed the trucker and injured two women in a car, one of whom was trapped after the tanker veered into them. Trucks are heavily regulated because of the dangers they pose to other vehicles on the road. Large tanker trucks face additional state and federal regulations aimed at preventing spills or other hazards. Still, the National Highway Traffic Safety Administration reports more than 380,000 large commercial trucks were involved in accidents in 2008. A total of 4,229 people were killed and more than 90,000 were injured.

In North Carolina, 143 large trucks were involved in fatal crashes. South Carolina reported 81 fatal trucking accidents.

In this case, the accident sparked a fire that burned for over an hour and was hot enough to damage the highway's surface. Work crews are at work this week repaving two of the four southbound lanes. Relatives report that that 35-year-old trucker had been driving fuel tankers exclusively for the past two years. He leaves behind a son and five step-children.

The accident happened about 3 p.m. Monday when the truck collided with a Plymouth sedan. The sedan was being driven in the right lane by a 56-year-old Chester woman who was returning from work with a friend.

Continue reading "Carolina trucking accident kills Charlotte man after tanker fire" »

Teen drivers understand distracted driving habits put them at substantially higher risk for being involved in a North Carolina car accident ... but they continue to text message and use cell phones behind the wheel and to engage in other dangerous driving practices, the USA Today reported.

Our North Carolina Car Accident Lawyers Blog reported earlier this month on the upcoming distracted driving summit planned in Washington. Lawmakers hope to pressure states without a text messaging ban into passing such a law. Federal authorities are also concerned about the patchwork of legislation motorists face. For example, North Carolina forbids texting and driving, while no such prohibition exists in South Carolina.

Nationwide, an estimated 6,000 motorists are killed each year and 500,000 are injured in accidents caused by distracted driving, according to the National Highway Traffic Safety Administration. Only speeding and drunk driving contribute to more highway deaths. And the federal government reports that traffic accidents are the leading cause of death for teenagers ages 15 to 20.

"Teens do continue to drive distracted even when they recognize the dangers," says William Van Tassel, manager of AAA's driver training programs. "Driving is the first real adult responsibility, but let's face it, they're still teens whose brains aren't fully developed."

The survey by Seventeen Magazine found that 84 percent of young drivers are aware of the risks of distracted driving, yet 86 percent admitted to engaging in some form of such behavior, including using a cell phone while driving, eating, adjusting the radio, applying makeup or riding with four or more passengers.

Among the survey's other findings:

-Drivers 18 and 19 are more likely to engage in distracted driving behavior than those ages 16 or 17.

-Reasons teens gave for driving distracted included: Don't think they will get hurt (35%), makes driving less boring (22%), the need to remain connected at all times (21%).

-Teens who have access to their own vehicle were more likely to drive distracted than teens who had to share a vehicle.

Continue reading "Teens know distracted driving increases risk of North Carolina car accident ... they just don't listen" »

North Carolina car accidents and pedestrian accidents commonly occur in the parking lots of supermarkets, malls and big box stores.

Whether or not law enforcement has the authority to enforce traffic laws in parking lots is a muddled area of law, according to a report in the News Observer. But pedestrians are assumed to have the right-of-way in virtually all instances. North Carolina injury lawyers frequently represent pedestrian victims in such cases -- and a driver will very likely be considered negligent for an accident that results in a failure to stop at parking lot stop signs.

As the News Observer put it: You might not get a ticket for failing to stop at a parking lot stop sign, but you might get into an accident and that will get you into trouble.

"I would encourage folks to stop for that sign," said Kevin Lacy, chief traffic engineer with the state Department of Transportation. "If you happen to hit one of those people in the parking lot and you didn't stop, there is little doubt that you'd be held liable and responsible."

Parking lots and other similar areas are not mentioned in the state traffic laws. However, the Manual of Uniform Traffic Control Devices -- the governing document that keeps standard traffic laws uniform among states -- does permit private property owners to erect signs regulating traffic.

Meanwhile, the law treats parking lots as private drives where they meet the street. This designation means you are always required to stop and yield to street traffic, whether presented with a stop sign, a street sign or no sign at all.

Continue reading "North Carolina car accidents, pedestrian accidents a frequent danger in parking lots" »

ABC 11 news reports that an investigation has found a grandmother at fault in a fatal North Carolina car accident involving a state trooper.

We reported on our North Carolina Car Accident Lawyers Blog that a witness contradicted a claim by a state trooper that he was chasing a speeder at the time of the crash. The May 23 accident on I-85 killed a 55-year-old grandmother and an 11-year-old girl when their vehicle pulled in front of a trooper's Dodge Charger at Business I-85 and River Road. The trooper's speed was estimated at 95 mph when he slammed into the Honda Accord.

An investigation by the North Carolina State Highway Patrol has now determined that fault for the accident does not rest with ... the North Carolina State Highway Patrol. Despite the fact that the trooper admitted to racing through the intersection with lights activated, but without sirens.

Our Carolina injury lawyers are always concerned about the outcome of accident investigations, but particularly those where law enforcement is reportedly investigating its own conduct. When it comes to representing accident victims, our team will review all aspects of the crash to determine fault. In many cases, professional experts may be hired, including an accident reconstructionist.

The patrol reports that two witnesses contradict a man who claims the trooper was not chasing a speeder at the time of the crash. The North Carolina Attorney General's Office has conducted a second investigation but has refused to release the results, saying it anticipates lawsuits will be filed against the state as a result of the accident. This is also a suspect argument; any attorney who represents a plaintiff in a lawsuit against the state would be entitled to the results of the attorney's general's investigation anyway. So why not release the results to the public?

Continue reading "Patrol found not guilty in fatal North Carolina accident; independent investigation should be conducted " »

The tortured existence of a mother dealing with the tragic loss of her daughter in a North Carolina drunk driving accident is a stark reminder of the tragedy so frequently caused by the senseless act of a driver who climbs behind the wheel after having too much to drink.

As North Carolina car accident lawyers, our hearts go out to these families. No settlement or jury award can begin to compensate a parent for the loss of a child. Yet we are committed to the aggressive pursuit of justice in these cases, to raising awareness, and to punishing those responsible for these tragedies.

In this case, the car the girl was riding in crashed head-on into a vehicle driven by a 28-year-old Bessemer City man. He has been charged with second-degree murder and allegedly passed several cars in his Jeep Cherokee before slamming into the victim's vehicle, according to the North Carolina Highway Patrol. He had three previous DUI convictions.

CBS 3 reports the girl's mother has vowed to fight to change the state's drunk driving laws for the better. As we previously reported on our North Carolina Car Accident Lawyers Blog, this defendant should have had his license suspended for life and should have been sentenced to years behind bars. Instead, he had spent little more than a month in jail.

Continue reading "North Carolina drunk driving accidents continue to show need for tougher sentences" »

Three people are facing alcohol-related charges for allegedly providing an underage girl with alcohol before she was involved in a North Carolina car accident earlier this summer, according to the Times News.

In addition to criminal charges, those who serve alcohol to underage consumers, or those who serve alcohol in excess to someone who then causes a serious or fatal accident, may also be held financially liable under Carolina Dram Shop laws. A North Carolina injury lawyer should be consulted whenever someone is seriously injured or killed in an accident involving an intoxicated driver.

In this case, the North Carolina Alcohol Law Enforcement Division was called to assist the Highway Patrol after the June 19 accident in which the 17-year-old driver lost control and collided with another vehicle.

The girl, an Easter Guilford High School student, remains hospitalized in Greensboro, more than six weeks after the accident. She was charged with driving while impaired and consuming while under 21. During the subsequent investigation, two adults ages 42 and 25, were charged with aiding and abetting the possession or consumption of alcohol by an underage person. A 20-year-old defendant was also charged with illegal possession of alcohol.

The driver of the other vehicle was transported to the hospital with injuries that were not considered life-threatening.

Continue reading "North Carolina drunk driving accidents can lead to civil and criminal penalties for servers" »

A Plymouth man who lost the ability to walk after a North Carolina work accident 20 years ago was killed in a Mocksville bicycle accident over the weekend, the Times Leader reported.

Albert Arnott, 60, inspired others as a survivor, after suffering a traumatic head injury in a fall from a tree while working as a landscaper. Though he could no longer walk, he began riding a recumbent bicycle and had managed to power it across the country. His recumbent bicycle was a three-wheel cycle with a seat.

The North Carolina Highway Patrol reports Arnott was killed on Saturday in a collision with a truck while pedaling north on U.S. Highway 601.

He had moved to Arizona several years ago but in an interview earlier this year with the Times Leader he said he had just completed a ride from Los Angeles to New York, via Washington D.C. He was riding to bring attention to the need for term limits in Congress and told the newspaper he had written more than 40 books -- several of which could be found online.

The Highway Patrol reported that Arnott was northbound on Saturday when he was struck by a pickup truck also traveling northbound. The investigation is ongoing and the driver could face charges.

His cycle's low build could have made it harder to see. But he had added a large "Gadsen Flag." The yellow flag features a coiled rattlesnake and the motto "Don't tread on me."

Continue reading "Fatal North Carolina bicycle accident claims life of cross-country rider disabled in work accident" »

The U.S. Department of Transportation has announced a National Distracted Driving Summit in September as the federal government continues to push states to enact laws aimed at distracted driving -- particularly text messaging behind the wheel.

As out North Carolina car accident lawyers reported last week motorists continue to deal with a patchwork of laws aimed at the use of cell phones by drivers. North Carolina law forbids texting while driving. But drive across the border into South Carolina, and no such law exists.

Thirty states forbid motorists from text messaging while driving -- 11 of those states have enacted their laws just this year. Eight other states prevent drivers from all use of hand-held cell phones. Some large cities, including Chicago, have banned hand-held cell phone use, though the use of cell phones is legal elsewhere in the state.

In the wake of the first distracted driving summit held last September, President Obama announced that all 4 million federal employees would be forbidden from text messaging while driving government vehicles. Since then, the federal government has launched a distracted driving website, and drafted sample legislation it would like state and local governments to use in banning text messaging while behind the wheel.

The National Highway Traffic Safety Administration reports that 6,000 motorists are killed each year and 500,000 are injured in traffic accidents caused by distracted driving. Only drunk driving and speeding are blamed for more fatal traffic crashes.

Continue reading "Government continues to push distracted driving laws; reduction in Carolina car accidents could result form uniform texting ban" »

NBC 6 is reporting that a Wrightsville Beach, North Carolina car accident may have been caused by a teenager eating a piece of cake.

The 16-year-old was reportedly eating cake as she drove over Wrightsville Beach bridge on Friday night; causing her to slam into the guardrail.

How about a taco? Or maybe some Chinese food? (with chopsticks, of course)

As our North Carolina injury lawyers continue to report, teenagers are at the highest risk for being involved in a serious or fatal car accidents. In fact, car accidents are the leading cause of death for young people ages 15 to 20, according to the National Highway Traffic Safety Administration.

Our North Carolina Car Accident Lawyer Blog has a wealth of safety information parents can use when discussing driving safety with their teenagers.

The federal government's distracted driving website also provides resources and statistics.

While the government is focused on reducing the dangers of text messaging and cell-phone use while driving, other dangerous driving habits include eating, drinking, smoking, grooming, applying makeup and using electronic devices. Nationwide, an estimated 6,000 people are killed and more than 500,000 are injured in accidents caused by distracted driving.

Only drunk driving and speeding are more dangerous driving behaviors. Not surprisingly, teenagers are at high risk for all three.

Continue reading "Cake eating teenager reportedly responsible for distracted driving North Carolina car accident" »