North Carolina Car Accident Lawyers Blog

A text messaging ban is now in place nationwide for commercial bus and truck drivers and should help reduce the risk of a serious or fatal North Carolina tractor-trailer accident caused by distracted driving, according to the National Highway Traffic Safety Administration.

During remarks at the second-annual Distracted Driving Summit in Washington, D.C., U.S. Transportation Secretary Ray LaHood also said a loophole that did not apply the law to in-state truckers hauling hazardous materials has been closed and that the law will also apply to train operators.

Additionally, the government is working with employers to create and promote anti-distracted driving policies. And a pilot program in Connecticut and New York -- dubbed "Phone in One Hand, Ticket in the Other" has proven to significantly improve compliance with the law in cities that have instituted cell phone bans for drivers.

"We are taking action on a number of fronts to address the epidemic of distracted driving in America," said LaHood. "With the help of the experts, policymakers, and safety advocates we've assembled here, we are going to do everything we can to put an end to distracted driving and save lives."

So far, 1,600 U.S. companies have enrolled 10.5 million workers through Network of Employers for Traffic Safety (NETS), a public-private partnership aimed at reducing the risk of distracted driving in the workplace. Another 550 organization plan to adopt policies in the next 12 months that will cover an additional 1.5 million workers.

"I am thrilled that businesses across the country are making anti-distracted driving policies an integral part of their employee culture," said LaHood. "President Obama led by example last year by banning four million federal workers from texting behind the wheel. Employers across America are doing the same to help us set an example and keep our roads safe."

Nationwide, an estimated 6,000 motorists were killed and 500,000 were injured in accidents caused by distracted driving. Only speeding and drunk driving are blamed for more deaths on the road.

Continue reading "Rules against text messaging could reduce dangers of North Carolina trucking accidents" »

A 15-year-old boy was left with two broken legs, a dislocated hip and head injuries after being struck by a Honda driving below the speed limit through the Harnett County intersection at N.C. 87 outside the Linden Oaks subdivision. The six lane intersection has a 55 m.p.h. speed limit and no pedestrian signal or crosswalk. The driver was not charged and the teen is recovering at Cape Fear Valley Medical Center, the Fayetteville Observer reports.

Our North Carolina car accident lawyers know that 20 to 25 percent of all fatal car accidents happen at intersections. In fact, 7,043 people were killed in intersection-related fatal car accidents in 2009 nationwide. The good news, according the National Highway Traffic Safety Administration, is this number represents an almost 10 percent decline from 2008 intersection-related fatal crash statistics. During that same time, the number of North Carolina car accident fatalities also dropped 8 percent, or from 1,428 in 2008 to 1,314 in 2009. This downward trend is nationwide and reflects a near 60-year low in the number of fatal and injury car accidents across the country.

Also occurring last weekend about two hours away in Pender County was a second intersection-related crash - this one a fatality. The accident, according to CBS-9, occurred at the intersections of Hwy. 50 and Hwy. 53 and involved a pickup truck and an inmate transport vehicle. The driver of the pickup was killed and the six others were sent to the hospital for evaluation. Two deputies and four inmates were treated and released.

Continue reading "Intersections particularly hazardous for pedestrians and North Carolina drivers" »

Our North Carolina car accident lawyers welcome the news that the Carolinas contributed to reducing the nation's traffic deaths to a level not seen since 1950. That is good news. But we continue to be alarmed by the fact that alcohol remains the leading cause of death on the nation's roads.

Alcohol was involved in about one-third of all fatal car accidents nationwide. Overall, the number of fatal drunk driving accidents declined to 10,839 last year, from the 11,711 reported in 2008. A total of 33 states reported fewer drunk driving fatalities, according to the National Highway Traffic Safety Administration.

"We are still losing more than 30,000 lives a year on our highways, and about a third of these involve drunk driving," NHTSA Administrator David Strickland said. "We will continue to work with our state partners to strictly enforce both seat belt use and anti-drunk driving laws across this nation, every day and every night."

Fatal North Carolina drunk driving accidents declined to 363 last year, compared to the 423 reported in 2008. A total of 377 South Carolina drunk driving accidents were reported last year, compared to 400 in 2008. Twenty-eight percent of all fatal North Carolina accidents involve alcohol, while an astounding 42 percent of South Carolina traffic fatalities are alcohol related. Only Connecticut and Hawaii had a higher percentage of alcohol crashes.

Overall, North Carolina reported 1,314 traffic deaths, compared to the 894 in South Carolina.

Mothers Against Drunk Driving said last year's decline in drunk driving deaths mean alcohol-related traffic fatalities have been nearly cut in half in the 30 years since the organization's founding. But the organization acknowledged that there is much more that needs to be done.

"With drunk driving now 32 percent of all highway fatalities, we remain as committed as ever to eliminating this problem through support for the heroes on our highways, laws requiring convicted drunk drivers to blow before they go with ignition interlocks, and efforts to turn cars into the cure through smart car technology," said MADD President Laura Dean-Mooney.

Continue reading "Drunk driving accidents continue to be a serious threat in South and North Carolina" »

The number of fatal North Carolina traffic accidents declined to 1,314 last year from the 1,428 reported in 2008. The number of deadly South Carolina traffic crashes declined only slightly, from 921 in 2008 to 894 last year.

The National Highway Traffic Safety Administration reports that 33,808 people were killed in traffic accidents on the nation's roads last year -- the fewest traffic fatalities since 1950, when 33,186 were killed.

Nearly 10 percent fewer deaths were reported than in 2008, when 37,423 motorists were killed on the nation's roads. Injury accidents also declined, form 2,346 million in 2008 to 2.217 million last year.

Even the number of serious and fatal motorcycle accidents posted a decline for the first time in more than a decade. Although authorities acknowledged there is much more work to be done and promised to emphasize additional safety measures in an effort to reduce the number of drunk driving accidents, motorcycle accidents and pedestrian accidents.

"Today's announcement shows that America's roads are the safest they've ever been," U.S. Department of Transportation Secretary Ray LaHood said. "But they must be safer. And we will not rest until they are."

-The nationwide decline in traffic fatalities was led by Florida (422 fewer) and Texas (405 fewer).

-41 states and the District of Columbus reported a reduction in the number of traffic fatalities.

Continue reading "Fewer fatal car accidents in North Carolina and South Carolina follow national trend in 2009" »

For one Raleigh, N.C. family, reaching for a sippy cup dropped by a three-year-old was all it took. Mom only took her eyes from the road for a split second, but it was just enough time for the family car to leave the road and hit a tree, the Pocono Record reports.

The 2001 Raleigh car accident left the then toddler, who is now 12, with a traumatic head injury that has left her severely handicapped and completely dependent upon others for life-long care.

In 2008, the National Highway Traffic Safety Administration reported that more than 500,000 people were injured and 5,870 were killed in car accidents involving distracted drivers.

As car accident attorneys with Lee & Smith, P.A. noted in an earlier post to our North Carolina Car Accident Lawyers blog, distracted driving now ranks with speeding and alcohol as a leading cause of serious and fatal car accidents nationwide. And distracted driving isn't just referring to chatting on a cell phone or texting. The NHTSA defines distracted driving as any non-driving activity that increases the risk of crashing. A distraction can be a simple as taking your eyes from the road to check an incoming text message, to reach for a lost sippy cup or to daydream about an upcoming dinner date. Just a two-second diversion from the task of driving can have potentially devastating consequences.

Continue reading "Distracted driving linked to 1-in-5 serious North Carolina car accidents" »

It is a statistical truth that when properly installed and used, child restraints - car seats, booster seats and child safety belts - save lives. It is estimated that nearly 1,000 children under age 14 die in car accidents each year, and that a child using a safety seat is 80 percent more likely to survive a crash, according to Safe Kids USA.

That is why our North Carolina car accident attorneys support the efforts of the National Highway Traffic Safety Administration's annual Child Passenger Safety Week and provide links to the Insurance Institute for Highway Safety's best booster ranking system. Together these websites provide a clearinghouse of information - including a link to finding a local child safety seat inspection station - for North Carolina parents and caregivers who transport kids.

As part of their annual awareness campaign, the NHTSA highlights six common dangers facing kids and cars:

~ Heatstroke: Children's smaller bodies heat up faster and they are less able to produce sweat to help them cool down. Even with the windows open and on a seemingly cool day, the interior of a car can reach dangerously high temperatures in just 10 minutes.

~ Backovers: If you have kids or they live within walking distance of your home or work, glancing in your rear-view mirror is not enough. To avoid a backover accident, physically check behind you car before backing up.

~ Power windows: Children can intentionally or accidentally raise the windows, thus closing themselves off from fresh air in a vehicle that can quickly reach sweltering temperatures. They can also get their head, neck or torso stuck in a closing window.

~ Trunk entrapments: Trunks get hot fast and offer very little ventilation. Your best bet is to keep your car locked and to teach kids a car is not a toy.

~ Vehicle rollaway: It can happen in an instant. A kid left alone in a car - seat belted or not - can easily bump the shift gear and knock the car out of park, setting the vehicle in motion. Even at a slow rate of speed this can cause a potentially deadly accident.

~ Seat belt entanglement: Retractable and non-retractable seat belts are important life-saving devices, but they can also be a hazard. Like any cord or strap, a seat belt can get wrapped around a child's neck or waist and cut-off blood supply or oxygen.

Continue reading "Child Passenger Safety Week targets keeping kids safe from North Carolina car accidents" »

The government's National Two-Second Turnoff Day is today, Sept. 17, as safety advocates nationwide encourage teenagers to take two seconds to turn off their phones before they climb behind the wheel -- about the same amount of time it takes to be involved in a serious or fatal North Carolina car accident.

As we reported on our North Carolina Car Accident Lawyers Blog last month, a recent study revealed that the vast majority of teenagers are aware of the dangers of distracted driving ... they just don't listen. From Raleigh to Ashville and Greensboro to Charlotte, teenagers are at the highest risk of being involved in a serious or fatal car accidents. In fact, the National Highway Traffic Safety Administration reports that car accidents are the leading cause of death for teenagers ages 15 to 20.

Two-second Turnoff Day is sponsored by AAA and Seventeen Magazine.

"Taking your eyes off of the road for two seconds doubles your risk of a crash or near-crash and National Two-Second Turnoff Day is an opportunity for young drivers nationwide to take control of their own safety behind the wheel by making the wise and responsible decision not to drive while distracted," said Kathleen Marvaso, AAA vice-president of public affairs. "National Two-Second Turnoff Day is a reminder to drivers of all ages that they should keep their eyes and attention on the road while driving at all times."

Findings of the Seventeen survey included:

-60 percent of teens surveyed admitted to using a cell phone while driving and 28 percent admitted to text messaging while behind the wheel.

-Teen drivers who text and drive admitted to sending an average of 23 text messages while behind the wheel in the last month.

-More than 1 in 3 teen drivers believe they have been in a near-crash because of distracted driving.

"Today's teens are heavily distracted by their cell phones and a car full of friends while they are driving," said Seventeen magazine Editor in Chief Ann Shoket. "We hope that on this Two-Second Turnoff Day we are showing them how easy it is to put down the phone and keep their focus on the road so everyone gets where they are going safely."

Continue reading "National Two Second Turnoff Day targets teens at risk of distracted driving car accidents in South and North Carolina" »

Last week, in two separate incidents, two fatal North Carolina car accidents claimed the lives of two elderly men and required a 22-year-old driver to be airlifted to the Carolinas Medical Center in Charlotte. While police have not concluded what caused either accident, underlying medical complications are believed to have played a role, the gastongazette.com reports.

In 2008, there were 214,226 car accidents in North Carolina, causing 112,348 injuries and claiming 1,448 lives. In an effort to make roads safer for all North Carolina drivers, the North Carolina Division of Motor Vehicles has a Driver Medical Evaluation program that tracks enrolled drivers who have ongoing medical issues. DMV official assure that the program is not a punishment, nor does it mean a driver will lose their driver's license.

Requesting a driver be placed in the DME program may not be done anonymously. Most often drivers are tapped for evaluation by driver license examiners, family members, medical professionals or by law enforcement officers after an accident where a medical condition was potentially identified.

The most common medical conditions tracked by the program are those that are persistent, but can be controlled or managed. They range from seizures to cardiovascular disease and diabetes to visual, physical or psychological impairment and substance abuse issues. Addressing a medical issue can be as simple as requiring corrective lenses, but restrictions can span in scope to include daylight-driving only, speed limit maximums, radius from home travel or required accompaniment of a licensed driver.

A North Carolina car accident lawyer can assist in determining if an ignored or untreated medical condition or restriction is partly to blame for a car accident. Such circumstances can have an impact on the outcome of a case.

Continue reading "Underlying medical conditions can play roll in serious North Carolina car accidents" »

As her stepfather watched, the 11-year-old Northwest Elementary School student crossed N.C. Hwy. 150 North to collect the mail. The last thing he told her was to watch the road. It was just after 6 p.m. when the child was struck and killed in the North Carolina hit-and-run accident. Her body was thrown about 50 feet. The driver continued without braking, the dispatch.com reports.

One in five pedestrian fatalities is caused by a hit-and-run accident and 90 percent of incidents involve a single vehicle. Most accidents occur at non-intersections or on city streets, according to the National Traffic Safety Administration.

In the U.S. a pedestrian is killed because of a car accident every 107 minutes. Pedestrian fatalities are most common during Autumn as kids head back to school and adults and children alike enjoy the last weeks of nice weather. In 2006, 173 pedestrians died on North Carolina roadways after being struck by a car. Charlotte pedestrian accidents claimed 15 lives.

According to police reports, the 19-year-old driver was speeding - about 9 m.p.h. over the posted limit of 50 m.p.h. - and was located within four hours of the fatal accident. She was driving a 2002 Acura that sustained significant front-end damage. The investigation is ongoing and she has not yet been charged.

The family reported that the child was taken off life support about 24 hours after the accident. Aside from her parents and grandparents, she leaves behind a five-year-old brother and a baby due in five weeks.

If you walk, jog or stroll alongside North Carolina roadways, here are a few simple tips from the UNC Highway Safety Research Center that can help you stand out and potentially save your life:

~ Don't jaywalk. In other words, before crossing the street, think like you are behind the wheel and follow traffic laws and signage instructions. Use designated crosswalks. Don't walk on the freeway.

~ Be visible. Wear light colors and retro-reflective material. If it's dark - use a flashlight.

~ Pay attention, and act like drivers are not. When possible, make eye contact with drivers before entering a roadway to help communicate your intention.

Continue reading "11-year-old girl killed in North Carolina hit-and-run car accident" »

As the Labor Day weekend comes to a close, the emphasis on preventing North Carolina car accidents caused by drunk driving is not going away. Between now and the end of the year are the three biggest drinking holidays of the year -- Thanksgiving, Christmas and New Year's. And even football season has been shown to increase the risk associated with drunk driving accidents.

The Charlotte car accident attorneys at Lee & Smith are fully aware of the North Carolina drunk driving statistics. We are glad that the numbers have dropped significantly in recent years. However, those numbers will never be good enough until everyone gets the message that driving while drunk is irresponsible and totally unnecessary. No one in the good towns of Burlington, Concord, Gastonia, Hickory, or Lenoir should ever have to worry about the dangers of a late night drive due to someone else's poor decision making. Impaired driving simply has to stop.

Almost 30 years ago alcohol related deaths in North Carolina were a stunning 827. In 2006 drunk driving fatalities dropped to 500. North Carolina has followed suit with the rest of the country by making it illegal to drive with a BAC (blood alcohol level) of 0.08% or higher. Since 2002 this has been standard in every state in the country. A driver's fourth DUI (Driving Under the Influence) results in an automatic felony on the offender's permanent record.

If you are pulled over in the state of North Carolina on suspicion of driving while intoxicated, you are mandated to take a chemical test of your breath, urine or blood in order to assess your blood alcohol level. If you refuse this test your license will be immediately suspended for 30 days after which time you will be subjected to a hearing. At the hearing the judge can revoke your license for an additional 12 months.

Continue reading "North Carolina drunk driving accidents in spotlight through remainder of the year" »

The Charlotte car accident attorneys at Lee & Smith are aware of the growing problem of distracted driving, in particular, the use of cell phones while operating a vehicle. As discussed last week, texting is a serious problem among teenagers who lack the years of experience and practice behind the wheel and are least capable of handling distractions while driving. They are also more likely to be injured or killed in a car accident as a direct result of various distractions, including texting. The winding roads in Ashville, Salisbury, Shelby, Statesville, and Morganton are dangerous in their own right. When distracted driving is added to the mix, it becomes a problem that leaves many community members understandably concerned.

Those who believe a North Carolina car accident was caused by a driver who was on a cell phone should gather available evidence, including photographs. Sharing your concerns with police officers at the scene is also appropriate, as is anything else that may assist in documenting that the accident was caused by distracted driving.

According to the National Highway Traffic Safety Administration, more than 1 million drivers are driving while using cell phones at any given moment in the United States. In 2005 Australia conducted a controlled study that revealed a startling truth: cell phone users were four times as likely to be injured in a car accident as those who drove without using one. As far back as 1997 Canada conducted its own study, surmising that drivers who operated a vehicle while talking on a cell phone were more prone to serious accidents than those who refrained from using the devices while driving.

The Insurance Institute for Highway Safety, a non-profit group, reports that hands free cell phone devices fair no better than the hand held versions. It is not so much the physical process of using the phone as it is the cognitive distraction that is to blame for the increased risk of accidents. The term being used among law enforcement and insurance agencies is DWY or driving while yakking. DWY is an increasingly serious problem for drivers.

Several countries around the world have banned the use of cell phones while driving altogether. In the United States New Jersey, Utah, Washington, D.C., California, and Connecticut have also banned the use of cell phones while driving. Many other municipalities across the country have made it a secondary offense that can be cited if a driver is pulled over for a different traffic violation while subsequently using the phone.

 As we reported earlier this summer on our North Carolina Accident Lawyers Blog, North Carolina has passed a law forbidding text messaging while driving. No such ban exists for South Carolina drivers.

Continue reading "Gather evidence when involved in North Carolina car accidents caused by distracted driving" »

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" »