North Carolina Car Accident Lawyers Blog

A trooper has resigned after being accused of drunk driving in connection with a North Carolina car accident, according to Fox News.

The North Carolina State Highway Patrol reported that the trooper was off-duty when involved in an Asheville car accident at the intersection of Airport Road and Fanning Bridge Road. He was arrested and charged with driving while impaired and felony hit and run, according to the patrol. He had been a trooper since 1999.

The Asheville Citizen-Times reported that the trooper was drunk when he ran a red light and hit a car, seriously injuring a Franklin man. An officer reportedly stopped the trooper's Nissan Titan on Hendersonville Road after the wreck, which occurred shortly before midnight. The trooper refused to perform field sobriety tests or to take a breathalyzer examination, according to a search warrant that was obtained to force a blood test. Results of that test have not been completed.

The trooper was listed as "unemployed" on the search warrant and resigned from his position 15 minutes later, according to the highway patrol. The arresting officer reported the trooper smelled of alcohol and was unsteady on his feet.

It is the latest of several high-profile incidents involving the patrol, which has led to the resignation of a number of troopers. Meanwhile, the patrol announced new guidelines on Friday that are meant to reduce the number of North Carolina car accidents that result from police chases, according to media reports.

The new policy will require more supervisor oversight when chases begin. Other police agencies will also have to request the involvement of the patrol before a trooper will join a pursuit. Statistics show a significant number of chases so far this year that have involved the highway patrol:

Greenville area: 40 chases in 2008 compared to 36 in 2009.

Fayetteville: 67 in 2008 versus 72 in 2009.

Raleigh: 74 in 2008 versus 64 in 2009.

Greensboro: 38 in 2008 versus 43 in 2009.

Salisbury: 46 in 2008 versus 45 in 2009.

Newtown: 30 in 2008 versus 29 in 2009.

Asheville: 39 in 2008 versus 23 in 2009.

Charlotte: 68 in 2008 versus 75 in 2009.

Continue reading "Trooper resigns amid DUI accident investigation after North Carolina car accident" »

Authorities continue to investigate the cause of a North Carolina trucking accident after a tanker truck slid across the highway and fatally injured the driver, the Star Tribune reported.

A Greensboro man was killed Thursday on U.S. 29 after wrecking a refrigerated tanker truck full of liquid oxygen. The North Carolina Highway Patrol reports that the semi was northbound near Carter Lodge Road at the base of White Oak Mountain when he lost control at about 4 a.m.

Investigators believe he ran off the right side of the road and over corrected. The truck slid on its side for almost 100 yards before coming to rest. The accident blocked both northbound lanes and spilled liquid oxygen in the median. The driver was pronounced dead at the scene. Traffic was detoured for more than 11 hours.

Tanker trucks are particularly dangerous because they often carry hazardous or flammable liquid. No word yet on the cause of the accident or whether driver fatigue could have been a factor.

Tractor-trailers are highly regulated because of the dangers they pose to motorists on the road in the event of an accident. A North Carolina semi accident lawyer should always be called to represent motorists involved in an accident with a semi or large commercial truck. State and federal regulations, out-of-state trucking and insurance companies and other factors make representing victims of North Carolina trucking accidents a complex process.

Nationwide, 380,000 large trucks were involved in accidents in 2008, according to the National Highway Traffic Safety Administration. A total of 4,229 motorists were killed and more than 90,000 were injured.

One of every nine traffic fatalities nationwide involves a large truck. Motorists in passenger cars or other vehicles involved in the accident are frequently seriously injured or killed.

North Carolina trucking accidents claimed 143 lives in 2008; while South Carolina trucking accidents fatally injured 81 motorists.

Continue reading "Greensboro, North Carolina trucking accident under investigation" »

North Carolina car accidents are frequently caused by distracted drivers. But a report by the National Safety Council, which looked at 30 studies of the issue, shows just how dangerous it has become.

Distracted driving now joins speed and alcohol as the leading cause of serious and fatal car accidents nationwide. In 2008, 1.6 million crashes and 645,000 injuries were caused by drivers using cell phones -- accounting for 28 percent of all car accidents.

Cell Phones: Drivers who use cell phones are four-times more likely to be involved in an accident. Eleven percent of all drivers are on the phone at any given point during the day and 81 percent admit to using a cell phone while behind the wheel.

Text Messaging: Eighteen percent of drivers admit to text messaging while driving. The most likely to offend are teen drivers (36 percent) and Gen Y drivers (39 percent).

Channel 9 reports that authorities have placed even more attention on other types of distracted driving since North Carolina banned text messaging while behind the wheel.

The North Carolina Driver's Handbook identifies other forms of distracted driving, including changing a CD, smoking, eating, handling pets and looking at things inside or outside the vehicle. The federal government's distracted driving website, also includes grooming, applying makeup, reading and looking at maps or GPS systems.

MSNBC reports that distracted driving even became a medical issue last week. Dr. Amy Ship, a primary care physician and Harvard professor, wrote an article in the New England Journal of Medicine encouraging doctors to discuss the dangers of distracted driving with patients, just as they would the dangers of obesity, smoking and other risky behavior.

Continue reading "Distracted driving a leading cause of North Carolina car accidents" »

A Concord, North Carolina car accident has claimed the life of a 17-year-old teenager on her way home from a graduation ceremony, the Salisbury Post reported.

As we reported earlier this month on our North Carolina Car Accident Lawyers Blog, motor vehicle crashes are the leading cause of death for teenagers ages 15 to 20. In 2008, a total of 98 drivers and 80 passengers were killed in North Carolina car accidents involving teenagers, according to the National Highway Traffic Safety Administration. Nationwide, more than 2,500 teens were killed and 228,000 were seriously injured.

In this case, the North Carolina Highway Patrol reports that the girl was the passenger in a 2003 Ford truck driven by an 18-year-old on N.C. 73 near Lake Lynn Road. The driver apparently over-corrected when the truck went off the right side of the road, causing the pickup to flip over and strike a utility pole. The Concord High senior was killed -- the driver was transported to the hospital with non-life-threatening injuries.

The two had been returned from Concord High's graduation ceremony on Saturday afternoon when the accident occurred. The cause of the accident remains under investigation and no determination has been made about whether charges will be filed.

Fatal car accidents involving teenagers are among the most tragic cases a Concord injury lawyer can handle; no amount of compensation can right such a wrong. Sometimes such crashes are unavoidable but we encourage you to do everything possible to ensure your child stays safe on the road this summer.

The highway patrol reports that a North Carolina teenager is involved in a car accident every half hour. Crash rates also increase sharply when teenagers begin to drive unsupervised. The patrol urges parents to enter into a driving agreement with their teenage drivers.

The contract states a teenager will:

-Never drive a vehicle after consuming alcohol.

-Always wear a seat belt.

-Never drive aggressively.

-Obey the speed limit.

-Avoid driver distractions.

Continue reading "Concord, North Carolina car accident claims life of teenager after graduation ceremony" »

A Winston-Salem, North Carolina ATV accident has claimed the lives of two riders, the Journal reported. The two men, ages 19 and 20, were killed last week when their vehicles collided head-on while driving on a private farm path near I-77 just north of Mount Airy.

All-Terrain Vehicles cause an alarming number of serious and fatal injuries. More than 60 riders have been killed in North Carolina ATV accidents during the past several years, ranking North Carolina 10th in the nation for fatal ATV accidents, according to the government's website, ATV Safety. Thirty-three riders were killed in South Carolina ATV accidents during the same time period.

A North Carolina injury lawyer should be contacted whenever a rider is seriously injured or killed in an ATV accident. Head injuries, spinal cord injuries and broken bones frequently result from ATV crashes.

ATV crashes may include a premise liability claim, a personal injury claim against an at-fault party or even a claim for damages from a manufacturer or distributor of an ATV. A federal law went into effect last year that now requires ATV distributors to provide safety training to new riders and their families.

The vast majority of Carolina ATV accidents occur between Memorial Day and Labor Day. The Consumer Products Safety Commission reports that ATV accidents involving young riders jump 30 percent heading into summer, while adult deaths increase by 88 percent.

"If springtime deaths and injuries are an indication of what's to come, we urge all ATV riders, young and old, to take all necessary safety precautions," said CPSC Chairman Inez Tenenbaum. "Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices."

Safety Tips for ATV riders include:

-Get proper training.

-Always wear protective gear.

-Don't ride with a passenger.

-Don't ride on paved roads.

-Don't allow children to ride adult equipment.

-Don't ride under the influence of alcohol or drugs.

Continue reading "North Carolina ATV accidents a summer danger" »

Interstate 95 is the deadliest road for accidents in both North and South Carolina. A total of 304 deadly accidents killed 369 motorists between 2004 and 2008, the last five-year period for which statistics are available.

Seven of the nation's deadliest roads are in the Carolinas, according to a report published by the Daily Beast, which used car accident totals for the last five years available through the federal government.

Our North Carolina injury lawyers urge you to open a discussion with your family about safe driving habits as we enter the summer travel season. Road Safe America calls June, July and August the "100 Deadliest Days" and reports that more than 50,000 fatal accidents occurred in the summer months during the five years studied.

For its deadliest road report, the number of fatal accidents was divided by the number of highway miles to determine the number of fatal accidents per mile of highway. Some roads really are more dangerous than others, whether because of congestion, poor design, roadside distractions or other reasons.

The Nation's Top 5 Deadliest Roads:

1) I-95 in Florida: 382 miles/662 fatal accidents/765 fatalities/1.73 per mile.
2) I-76 in New Jersey: 3 miles/5 fatal accidents/6 fatalities/1.64 per mile.
3) I-4 in Florida: 132 miles/209 fatal accidents/234 fatalities/1.58 per mile.
4) I-15 in California: 287 miles/437 fatal accidents/506 fatalities/1.52 per mile.
5) I-10 in California: 243 miles/341 fatal accidents/387 fatalities/1.41 per mile.

Deadliest roads for North Carolina car accidents:

44) I-95: 182 miles/142 fatal accidents/175 fatalities/ .78 per mile.
66) I-85: 237 miles/137 fatal accidents/160 fatalities/ .58 per mile.
77) I-77: 102 miles/55 fatal accidents/62 fatalities/.54 per mile.

Deadliest roads for South Carolina car accidents:
35) I-95: 199 miles/162 fatal car accidents/194 fatalities/.82 per mile.
47) I-26: 221 miles/161 fatal accidents/175 fatalities/.73 per mile.
64) I-85: 106 miles/62 fatal accidents/69 fatalities/ .58 per mile.
67) I-20: 142 miles/81 fatal accidents/94 fatalities/.57 per mile.

Continue reading "I-95 deadliest highway for North Carolina car accidents" »

A man is due to appear in court after more than six years to answer charges in connection with a deadly Charlotte drunk driving accident.

CBS 3 reported that the 26-year-old defendant crossed the median and struck a car head-on. He was charged with drunk driving, but bonded out of jail and disappeared until being arrested on an assault charge last month. The accident claimed the life of a father whose wife was six months pregnant with a daughter he never got to meet. The girl is now 6-years-old.

The defendant is facing numerous charges, including felony death by vehicle, reckless driving and driving without a license.

Nationwide, approximately one-third of all fatal accidents involve alcohol, according to the National Highway Traffic Safety Administration. In 2008, a total of 11,773 people died in alcohol-related traffic fatalities.

Alcohol was involved in 501 of the 1,433 fatal North Carolina car accidents that year.

Fox 8 reported that bond in the case was set at $15,000, the same amount posted when the defendant fled in 2004.

Our Charlotte injury lawyers take special care in our work with the victims of drunk driving crashes. Few serious injury or wrongful death cases are as senseless as the devastation caused by someone who has climbed behind the wheel after having too much to drink.

Continue reading "Man faces drunk driving charges six years after fatal Charlotte car accident" »

The Greensboro News & Record took state lawmakers to task in an editorial today regarding the glacial progress of attempts to reform contributory negligence.

Our North Carolina car accident attorneys have been watching the progress -- or lack of progress -- of this reform effort for some time. North Carolina is one of just four states in the country that have not adopted some form of comparative fault.

North Carolina's contributory negligence law attempts to prevent a motorist who is even slightly at fault from collecting against an at-fault driver's insurance company in the event of an accident. So if you have a broken headlight and are hit by a truck driver who blows through a red light, you could be prevented from collecting under current law. Comparative negligence would allow a court to determine to what degree you are at fault in an accident and award damages proportionately. In the same case, the truck driver may be found 90 percent at fault and his or her insurance company would be required to pay for the vast majority of damages.

Naturally, the insurance companies would like to keep the current law in place. The contributory negligence law is another reason motorists who are dealing with a serious or fatal car accident should contact a North Carolina injury lawyer to help protect their rights.

Last year the state House of Representatives passed a bipartisan bill to get rid of contributory negligence. However, the Senate has done nothing in the face of strong opposition from the insurance industry. Even in the current measure, insurance-company opposition forced compromise, including a clause that would prohibit motorists from collecting damages in cases where they are determined to be more than 50 percent at fault.

The Insurance Federation of North Carolina contends the change would lead to more lawsuits and could require insurers to raise rates by 5 percent. We think they are going to raise rates 5 percent regardless and it will be a small price to pay to change a law that will allow people to seek justice from insurance companies in the wake of a serious or fatal North Carolina car accident.

Never mind that the facts don't support the industry's position. Rates have risen slower in South Carolina and Tennessee than they have in North Carolina. Both those states switched to comparative negligence in the early 1990s.

Continue reading "North Carolina car accident lawyers support reform of contributory negligence law" »

Authorities are urging motorists to remain alert for motorcycles and help reduce the number of serious and fatal Carolina motorcycle accidents as the long summer riding season begins.

"Educating both bikers and other drivers about the importance of motorcycle safety and being aware of their surroundings is key to making our state a safer place to travel," said North Carolina Department of Transportation Secretary Gene Conti.

North Carolina motorcycle accidents claimed 151 lives last year, down slightly from the 159 riders killed in 2008. And, while motorcycles account for just 2 percent of registered vehicles, riders are involved in 12 percent of fatal accidents.

South Carolina motorcycle accidents claimed 115 lives in 2008. Nationwide, a total of 5,290 riders were killed and more than 96,000 injured, according to the National Highway Traffic Safety Administration.

Half of all motorcycle accidents involved a collision with another vehicle. In three-quarters of those cases, the motorcycle was struck in the front, frequently when a vehicle failed to yield while making a turn or pulling out of a drive or parking lot.

Because of their small size, it can be difficult to judge the speed of a motorcycle. Motorists are encouraged to take a few extra moments to allow a motorcycle to pass before turning or proceeding into the roadway.

Preliminary data suggests the downturn in the economy may have reduced the number of motorcycle deaths in 2009 for the first time in more than a decade. While the government will release figures later this summer, motorcycle accidents had increased in each of the past 11 years -- even as the number of overall traffic fatalities has declined.

The Governor's Highway Safety Association estimates motorcycle accidents nationwide declined to 4,762 last year.

The North Carolina Department of Transportation encourages drivers to watch for motorcycles:

-Share the road: Motorcycles have a right to their own lane.

-Stay alert: Motorcycles can be easily hidden in a car's blind spot. Take the time to check thoroughly before entering traffic or changing lanes.

-Keep a safe distance: Allow more following distance when behind a motorcycle.

Be Cautious: Be aware that most motorcycle turn signals are not self-canceling and riders sometimes forget to shut them off. Be sure of a rider's intentions before proceeding.

Continue reading "Carolina motorcycle accidents a summertime danger " »

A Greenville, South Carolina car accident claimed the life of a Mauldin High School student on Tuesday, FOX Carolina reported.

The 16-year-old's car went off the road and struck several trees. A 14-year-old passenger was also injured. The death of a child is always a tragedy. Unfortunately, as school lets out on the long, hot summer ahead, teenagers are at high risk for being involved in serious or fatal car accidents. Traffic accidents are the leading cause of death for young people ages 15 to 20, according to the National Highway Traffic Safety Administration.

The Carolina injury lawyers at Lee & Smith urge parents to spend some time talking to their teenagers about the importance of safe driving.

About 1 in every 6 fatal car accidents involves a teenager. In 2008, a total of 5,864 motorists between the ages of 15 and 20 were involved in fatal car accidents --2,739 teenagers were killed and more than 228,000 were seriously injured.

North Carolina accidents involving teenagers killed 98 drivers and 80 passengers in 2008. In South Carolina, teenage car accidents killed 71 young drivers and 38 passengers.

Inexperience, immaturity, speeding, drinking and driving, not wearing seat belts, distracted driving and night driving are among the primary causes of teen driving fatalities.

The federal government's teen driving website offers parents and teens a wealth of resources to begin the discussion regarding safe driving.

Suggestions for reducing the chances of a teen driving accident include:

-Absolutely no alcohol.

-Seat belt use.

-No cell phones, or text messaging while driving.

-Curfew.

-No more than one passenger at a time.

-Active parental involvement in establishing clear rules and consequences.

The U.S. Department of Transportation's distracted driving website is also raising awareness about the dangers of distracted driving among teenagers. Young, inexperienced drivers under 20 have the highest rate of distracted-driving fatalities -- 16 percent of all fatal car accidents involving teenagers are caused by distracted driving.

Continue reading "Dangers of Carolina car accidents involving teenagers increase with summer vacation " »

Columbia mayor-elect Steve Benjamin has been cited for driving a vehicle without headlights in the wake of a South Carolina car accident, according to a statement released this week by the Columbia Police Department.

The accident happened shortly after 5:30 a.m. at the intersection of Gervais and Pickens Street in Columbia on April 21, just hours after he won the mayoral runoff. He said he was driving to a television station for an interview. Police report Benjamin was driving a Mercedes SUV east on Gervais when he collided with a Toyota Tercel, which was northbound on Pickens Street and attempting to make a right onto Gervais.

The woman driving the Tercel was cited for operating an uninsured vehicle. She suffered serious head trauma as a result of the accident, according to the Examiner.

Benjamin said his headlights were off due to being set on the automatic function, which turns them on or off in response to daylight. He said he was not talking on his cell phone at the time of the accident, but acknowledged listening to voice mail using the speaker phone. He said he had consumed only two alcoholic beverages the night before but was tired from several days with little sleep.

He has paid the fine for driving without headlights. The final report is pending the results of an independent review from the South Carolina Department of Public Safety.

Benjamin is scheduled to be sworn into office on June 30.

A total of 920 motorists were killed in South Carolina car crashes in 2008, according to the National Highway Traffic Safety Administration. Nationwide, 34,017 motorists were killed and 1.6 million injured in traffic accidents.

Continue reading "Columbia mayor-elect cited in South Carolina car accident " »