North Carolina Car Accident Lawyers Blog

Garner News reports that each year the auto services affiliate, AAA Carolina, reveals their opinions regarding decisions about traffic safety, transportation legislation, traffic court and events in North Carolina.

Our North Carolina personal injury lawyers are well aware of AAA Carolina's Red light, Green light report and the impact the information could have on reducing car accidents in Gastonia, Asheville, Greensboro and elsewhere in the state.

Here are the 2010 Red Light (poor or questionable) decisions:

-To DMV, the Highway Patrol and the state legislature for tolerating the increasing numbers of unlicensed drivers in the state. A traffic checkpoint last summer in Charlotte yielded 124 citations and 10 DWI arrests. Of those cited, 70 had either a revoked license or no license at all.

-To the former DMV commissioner for listening to employee's phone calls without their knowledge. State law requires that a person has to know they are being listened to by a third party.

-To DMV for the confusion caused by their realigning of vehicle inspection dates. Vehicles must be inspected prior to them being registered.

-To North Carolina Highway Patrol for a lenient attitude in previous years towards its officers for violations ranging from sexual misconduct to DWI.

-To the state legislature for failing to provide sufficient funding for the states transportation infrastructure. Funding from the state gas taxes took a hit when in 2007 a decision was made to freeze the taxes. Gas taxes prior to the freeze use to fluctuate up and down with the economy.

-To North Carolina Department of Motor Vehicles for not making their facilities fully accessible to the handicapped.

-To Park Raleigh, a private parking enforcement company hired by the city, that issued tickets to more than 4,500 motorists for parking too far from the curb, though most of the time, they were within the parking spaces white lines.

-To NC DOT for firing the head of the state's Ferry Division, two months after being hired, for not being a team player. This was after he confronted his bosses about issues of questionable spending, payroll padding and nepotism.

Here are the 2010 Green Light (good or praise worthy) decisions:

-To the Town of Chapel Hill, though it wasn't enacted, they considered a total ban on cell phone while driving.

-To a Johnston County District Attorney for her concentrated effort on drunken drivers after a scandal revealed the illegal dismissing of hundreds of drunk driving cases by lawyers and court clerks.

-To NC Department of Transportation for revamping how road and transportation projects are awarded based on funding and need.

-To the NC Supreme Court, which upheld a police stop for failure to use a turn signal. The individual who was stopped fought the charge and felt it was unwarranted. This person was hoping to win his case because he had 50 grams of cocaine on him at the time of the stop.

-To Raleigh City Council for endorsing a plan to add bike lanes on as many as 25 streets.

-To NC Department of Transportation for plans to replace the Yadkin River Bridge which is north of Salisbury and to widen I-85 in Cabarrus County. Both projects are to begin this year.

-To El Pueblo (this is a non-profit advocacy group for Hispanics) for doing a radio campaign about traffic safety targeting Hispanic drivers. Traffic crashes in the state is the number one killer of the Hispanic population.

Continue reading "AAA highlights decisions impacting the risk of North Carolina car accidents" »

MyFox8 recently reported about the scheduled House judiciary committee debate on whether to pass a bill that would make using a cell phone illegal while driving on North Carolina roadways.

Distracted drivers who increase the chances of a car accident in Winston-Salem, Greensboro or elsewhere in the state could have a rude awakening when they continue to use their cell phone in the car.

Our North Carolina car accident attorneys at Lee & Smith frequently report about the dangers of distracted driving as a leading cause of motor vehicle crashes. A recent survey indicated that the 30 and under age group are the most at risk, as we reported on our North Carolina Car Accident Lawyers Blog.

According to WCNC, the newly proposed bill would put North Carolina among at least eight other states that already have a cell phone ban on all drivers in place.

Current North Carolina law bans young drivers from cell phones and bans everyone from texting or emailing while driving. This bill would ban all drivers from using cell phones while driving, unless using a hands-free device such as a blue tooth or voice-activated phone. The article reports that in a recent survey of North Carolina drivers, almost 80 percent responded that they believe cell phone use while driving decreases overall safety of all motorists.

However, more than half of respondents admit to using a cell phone while they drive. A recent study by Highway Loss Data Institute found that three states with this ban in place reported a reduction in cell phone use by drivers but had not witnessed a reduction in the overall number of car accidents.

Bloomberg Businessweek reports that much of the debate in North Carolina lies in taking the personal freedom away from drivers. The Virginia Tech Transportation Institute reported that in 2008, 80 percent of crashes, and 65 percent of near-crashes involved some sort of distraction as the cause of the incident. Cell phones are a leading cause of distraction in most cases.

If passed, the bill would pose a $100 fine for offenders using cell phones while driving but would not add points to their driving record. Emergency situations in which the driver dials 911, police officers and first responders on duty would all be exempt from fines when using a cell phone while driving.

Continue reading "State debates banning cell phone use by drivers in effort to reduce North Carolina car accidents" »

Traffic deaths hit a record low for 2010 but our personal injury lawyers in North Carolina aren't convinced it is because motorists are practicing safer driving behaviors.

Car accidents in Greensboro, Asheville, Gastonia and elsewhere in the state are caused everyday by motorists exhibiting distracted or aggressive driving behaviors, or driving under the influence of alcohol or drugs.

The National Safety Council recently announced that 2010 motor vehicle deaths were down 3 precent from 2009, recording under 35,000 for the year. This marks the fourth consecutive year for a decrease but is just another reminder of how the economy has failed to bounce back at a pace hoped for by the American public. The NSC believes the poor economy over the last few years has been a big driver of the decrease in traffic fatalities. In fact, the fourth quarter showed a slight increase in fatalities congruent with the slight reduction in unemployment rates nationwide.

"As encouraging as it is to see fatalities decreasing on our nation's roads, the 2010 rate of decrease are less than a third of the previous year's decrease," said Janet Froetscher, president and CEO of the National Safety Council. "We must remain vigilant in addressing roadway safety issues where the greatest impact can be made, such as distracted and teen driving. As miles traveled start to rise again from recession lows, we want to ensure the continuance of this downward trend."

Along with the decrease in number of traffic fatalities was a decrease in the estimated cost for property damage, motor vehicle injuries and deaths in 2010. The approximate cost in 2010 was over $236 billion, a 3 percent decrease from 2009. These estimates are derived from reported property damage, employer costs, administrative expenses, medical expenses, wage and productivity losses.

According to NSC, North Carolina reported a total of 1,275 motor vehicle deaths in 2010. This was a mere 4 fewer deaths (less than 1 percent) than the 1,279 reported in 2009. According to U.S. Department of Labor Bureau of Labor Statistics, the unemployment rate for North Carolina has shown a gradual decrease in the last quarter of 2010, continued through to February 2011 with the most recent unemployment rate reported at 9.7.

As we hope for a continued drop in unemployment rates in North Carolina, be reminded there will be a surge of traffic on roadways. Motorists are reminded that the costs of being in an accident is still unaffordable to most so know your rights if you have been involved in a motor vehicle crash.

Continue reading "Risk of North Carolina car accidents to increase as economy improves" »

WCNC reports about the most recent road rage incident, which resulted in death on Highway 150 in Mooresville. Law enforcement is still investigating but witnesses told police that a fight broke out between the driver of a pickup truck and 2 young men on scooters near the on ramp to I-77 south.

A driver of one scooter punched the victim in the head, causing him to fall to the pavement, according to the reports. The victim died as a result of his injuries.

Our car accident lawyers in Statesville, Gastonia and Charlotte are no stranger to these types of tragedies; North Carolina car accidents are frequently caused by aggressive driving. Less frequently do those instances involve road rage, which is typically defined by a criminal act such as assault.

Aggressive driving behaviors are a precursor to road rage which can lead to a criminal offense. Road & Travel Magazine reported that 50% of drivers respond negatively to an act of aggressive driving behavior directed toward them. The national survey found the following behaviors used as retaliation to an aggressive behavior by another driver:

-34% honk their horn.

-27% scream at the driver.

-19% make a derogatory gesture with their hands.

-17% flash their lights.

-7% retaliate with the same aggressive behavior towards the other driver.

-2% admittedly try to run the driver off the road following an aggressive behavior.

The survey also indicated the drivers most likely to respond were: male (54%), ages 18-24 (67%), driving with children (59%) and cell phone users (59%) when compared to females, elderly drivers, driving without children, and drivers without cell phones respectively.

Yahoo News recently reported that road rage is psychological and can be controlled by learning what triggers the aggressive behavior. As humans we often feel territorial, even when we are in our car. Motorists let factors like congested roadways, failure to acknowledge road signs by other drivers and aggressive acts affect their mood. Motorists also allow their feelings and stressors about their day to impact their mood behind the wheel.

Whether you are the aggressor or the victim, knowing these types of things can affect your driving behavior is the first step in controlling your reaction. Understanding that if long and stressful days or congested roadways makes you drive aggressively or have a low tolerance to aggressive acts by other drivers is one key to reducing road rage accidents on roadways.

Continue reading "Road Rage, Aggressive Driving, a Common Cause of North Carolina Car Accidents" »

The results of a survey on distracted driving published in the latest issue of Consumer Reports indicates that the 30 and under age group poses a serious threat when it comes to causing car accidents in South Carolina and elsewhere throughout the country.

The survey found that 63% of drivers in that age group reported the use of a hand-held cell phone while driving in the last 30 days. Our car accident attorneys in Greenville, Anderson and Spartanburg understand why the government, safety advocacy groups, and communities have put so much emphasis on distracted driving recently. Recent studies continue to show that texting and cell phone use impair the ability to drive.

The Virginia Tech Transportation Institute found that dialing a cell phone while driving increases the chances of a crash by 6 times as much as someone not using a cell phone while driving. Dialing, texting or even scrolling through menus on your phone is similar to driving blind because your eyes and mind are not focused on driving.

Interestingly, 60 percent of respondents said they were concerned about distracted driving, yet almost 25 percent responded that the concerns haven't changed their behavior behind the wheel.

There is much being done to advocate and educate against driving distracted, especially when it comes to teen drivers. Distracted driving is a hot topic on our North Carolina Car Accident Lawyers Blog as we recently posted about teens being urged to enter a nationwide contest to increase awareness of the dangers. The" JST DRV" PSA contest is one of many contests challenging teens in North and South Carolina to become more aware and to make a pledge against driving distracted.

A recent Consumer Reports summit has panelists agreeing that modeling the right behavior is key in reducing driver distraction among young drivers. This starts with the parents and driving schools and continues with law enforcement, corporations, and peers, all of whom have a strong influence in setting a good example.

For instance, how many times do you spot a police officer talking on their cell phone while they are driving? This sets a bad example when trying to send a message about the dangers of distracted driving. Peer pressure can result in good and bad behaviors, so advocates try to reach a few teens with every speech they give in hopes of achieving a positive result. Corporations can get involved by setting policies against employees who text or talk in their vehicle when they are behind the wheel. Knowing there is a possibility of losing their job could bottle an employee's urge to multi-task while in the car.

Anti-distracted driving campaigns probably aren't going to go away anytime soon. Taking the message to heart is the best thing motorists can do to assure safety on roadways. Put the phone down and don't allow distractions while driving.

Continue reading "Two-Thirds of Drivers Using Cell Phones; Preventing Distractions key to Preventing North Carolina Car Accidents" »

Our car accident attorneys in Greensboro, Asheville and Hickory often report about fatal crashes involving young drivers and the reasons that are likely to be the cause of them.

WNCT recently reported about several fatal accidents in Eastern Carolina, three of which occurred in a single day with one common factor. Young drivers were behind the wheel in each of the North Carolina car accidents.

Lack of experience is often a common cause of crashes involving young drivers. In these particular cases, it is believed that the driver being distracted was the cause since there were other passengers in the vehicle at the time of each accident. Backseat passengers can be especially distracting because a young driver can't see them.

The Daily Reflector reports on each of the incidents. The first crash involved an 18-year-old driver who drove off the left side of the road and crashed into the fencing around a cemetery before coming back on the roadway. The vehicle landed on its roof. The crash involved one other vehicle and resulted in one fatality and one seriously injured.

The second crash, also a two-vehicle accident, occurred a few hours later near D.H. Conley High School. Both drivers were sent to the hospital; one driver was rescued after being trapped in the vehicle. Later that evening a third crash occurred involving a single vehicle. The teen driver was estimated to be speeding 30mph over the speed limit when he lost control of the vehicle.

He hit a curb which caused his vehicle to roll-over. No fatalities occurred but one passenger was ejected from the vehicle during the crash. It was reported that all three passengers suffered some injuries.

The Center for the Study of Young Drivers was established in 2005 with the intention of improving the safety of young drivers. The Center's goal is to focus on and try to understand the numerous factors that contribute to the high number of crashes involving young drivers each year.

Current research involves the following studies:
-Examining the long-term effects of how graduated driver licensing has been improved and the changes that have been made.

-First ever study was recently completed on parental supervision of young drivers.

-Cameras have been mounted in the vehicles of young drivers to collect data, which provides scientists with an opportunity to study driver distractions, effects of passengers being in the car with the driver and parental supervision of young drivers.

-Scientists recently completed a study of whether a later start time for school would reduce the number of crashes among drowsy teen drivers.

-Numerous studies are being conducted on teen drivers using cell phones.

-CSYD relays information and findings to the Department of Transportation in order to reduce young driver crashes and fatalities.

Continue reading "Spring a Dangerous Time for Teen Car Accidents in Charlotte, Throughout North Carolina" »

No sooner do our Winston-Salem car accident attorneys report on the dangers of intersections, than a major study is released declaring the nation is achieving a significant reduction in the number of such crashes.

Last week, we reported on our North Carolina Personal Injury Lawyers Blog that 21 percent of all fatal crashes occur at intersections. In fact, intersections are the most dangerous place for all types of accidents, including car accidents and bicycle and pedestrian accidents.

That hasn't changed. However, the National Safety Council is reporting that the nation has made huge strides when it comes to reducing the risk of serious or fatal intersection accidents. Fatal crashes at intersections with traffic lights have declined 17 percent in the last five years while fatal intersection crashes involving red-light runners have plummeted by 27 percent.

"This report shows that we are making large strides as a nation in reducing crashes at intersections," said Janet Froetscher, president and CEO of the National Safety Council. "However, despite the improvement there were still 12,396 fatal crashes at intersections with traffic lights, including 4,394 fatal intersection crashes involving red-light running during that five year period. While we are making progress, the 13,266 fatalities from these crashes remind us that we have much more to do. Each of us should consider these statistics and the measures we can take to protect ourselves, our families and our communities."

Indeed -- those figures suggest that about 1 in 8 traffic fatalities involves a motorist who ran a red light.

Five percent of all fatal North Carolina car accidents occur at intersections, although the rate has declined by 50 percent in the last five years when measured by population. South Carolina car accidents at intersections have actually increased slightly, from 4 percent in 2005 to 5 percent in 2009.

Continue reading "Car accident numbers static at intersections in North and South Carolina as nation reports decrease " »

Our Charlotte personal injury lawyers urge residents to support the Walkathon for brain injury, planned at Frank Liske Park in Concord on March 19.

The Cabbarus News reports it is the Brain Injury Association of North Carolina's first fundraiser in the area. The Walk & Roll-athon will begin at 9:30 a.m. Traumatic brain injury has been in the news since the attempted assassination of Rep. Gabrielle Giffords in Arizona.

March is Brain Injury Awareness Month. When it comes to traumatic brain injury, North Carolina car accidents are the leading cause of TBI-related deaths, account for 31.8 percent of all brain-injury fatalities.

The Centers for Disease Control and Prevention reports 1.7 million people will suffer a brain injury this year; 52,000 will die and 275,000 will be hospitalized. The most at-risk groups include children under 4, teenagers and adults over the age of 65.

Those dealing with a traumatic brain injury need the help of support groups like the North Carolina Brain Injury Association, and they need immediate access to high-quality legal representation. Too often, insurance companies will attempt to quickly settle a case before all costs and long-term needs are known. The lifetime costs of a traumatic brain injury can easily exceed $2 million.

If your family is dealing with a brain injury involving a loved one, please do not accept any payments, do not sign any statements, and do not speak to any officials from insurance companies until you have spoken to qualified legal counsel. Most North Carolina brain injury lawyers understand the stakes are high and will meet you free of charge at home or in your hospital room.

The North Carolina Brain Injury Association supports 160,000 civilians living with the effects of a traumatic brain injury, as well as returning North Carolina military veterans. It operates community support centers in Ashville, Charlotte, Greenville, Raleigh and Winston-Salem.

Continue reading "Support survivors of Traumatic Brain Injury in North Carolina -- car accidents a leading cause" »

A North Carolina school bus accident has claimed four lives after a family of four slammed into a bus in Brunswick County, the Myrtle Beach Sun News reported.

Our Wilmington personal injury lawyers have reported before on the extreme dangers school buses pose to children or other motorists on the road in the event of an accident. Their size makes them comparable to being involved in an accident with a tractor-trailer. And their height often means that a motorist is forced beneath the bus in the event of a crash.

The crash happened on Camp Branch Road near Ash, North Carolina. Police report the 31-year-old driver veered out of his lane on a curve and hit the bus head on. The driver was killed, along with his 30-year-old wife and two children ages 6 and 9. The bus was only carrying one student at the time of the crash. The student suffered minor injuries.

It is the second time this month a serious North Carolina bus accident has occurred. March 3, three buses carrying U.S. Marines were involved in a chain-reaction crash, CNN reported.

Thirteen Marines and the driver were injured. The buses were on Route 17 near Maysville, en route from Camp Lejeune to Norfolk, Virginia at the time of the crash. Two buses stopped at a left turn but the third bus did not.

Continue reading "North Carolina school bus accident kills family of 4" »

WISTV-10 is reporting on the progress of a victim of a hit-and-run accident.

A 19 year old University of South Carolina freshman opened his eyes during a pain test, which is encouraging news after he was severely injured by a hit-and-run driver.

Our personal injury lawyers in Spartanburg, Greenville and Rock Hill have been representing accident victims for decades. We understand the emotional toll an accident has on a family.

The freshman was crossing Assembly Street near the Sonic Drive-In and USC's Swearingen Building when he was hit by the vehicle which sped away. Luckily occupants in a cab saw the accident and called 911. The cab driver followed the fleeing vehicle until the police caught up to the driver.

The police arrested the 23-year-old suspect at her home. She was charged with leaving the scene of an accident, failure to give information and render aid, and felony DUI. Law enforcement reported she failed the field sobriety test given at the time of arrest.

The victim suffered injuries requiring multiple surgeries but doctors hope he will soon be off the ventilator and breathing on his own.

The National Highway Traffic Safety Administration reported 894 fatal South Carolina car crashes in 2009. Of those 423 were alcohol related. Over one-third of the time the drivers involved in an alcohol-related fatal crash was 21 to 24 years old.

Deadly roads reports that South Carolina Law states that if you are involved in an accident that kills or injures someone you must stop and wait for law enforcement. The penalties for not stopping are as follows:

-If you hit someone but the injuries are not serious, this is a misdemeanor and a conviction carries imprisonment of 30 days to 1 year and fines of $100 to $5,000, or both.

-If you hit someone and the injuries are serious: this is a felony and a conviction carries imprisonment of 30 days to 10 years and fines of $5,000 to $10,000.

-If you hit someone and kill them; this is a felony and a conviction carries imprisonment of 1 year to 25 years and fines of $10,000 to $25,000.

Continue reading "Drunk driving reportedly to blame in fatal Carolina hit-and-run car accident" »

It's possible that in the near future when planning a road trip, travelers will be able to plot the safest route similar to how they currently find out the shortest route. Our personal injury lawyers in Winston-Salem and other parts of North Carolina find this a rewarding option as long as the information is reliable.

However, for the information to be accurate and reliable, the website will need to be continually managed with updated North Carolina car accident reports, as well as accident reports all over the country. Maintenance could be a difficult task even if managed properly.

A recent article in USA Today reported the proposed website will allow travelers planning a road trip to log on and find the safest route traveled. Similar to Mapquest and Google Maps, a user will be able to pinpoint their route and view the safest roads to use in their travels. The AAA Foundation for Traffic Safety is currently constructing a pilot program with eight states located throughout the country: New Jersey, Michigan, Iowa, Florida, Utah, New Mexico, Kentucky, and Illinois.

The hope is to add more states this year once proven successful.

Over 2,100 drivers were surveyed in 2009 by the foundation and 73% confirmed they would consider using data from the website to determine the safest route, especially when traveling in unfamiliar areas.

The University of Minnesota's Center for Excellence in Rural Safety currently offers an interactive website that allows motorists to track fatal crashes throughout the U.S. Founded in 2008, the website has been extremely popular, receiving over 10 million hits by the middle of 2010.

If managed successfully, state and local officials could eventually use the data on deaths, injuries, and safety features to improve safety on their roadways. The design of the program is expected to take 2 to 3 years but eventually will provide data on the nation's safest, as well as deadliest, streets, highways and corridors.

Most motorists would agree that in theory, this website is an excellent source to keep drivers safer on roadways. But what happens when plotters start using the website to plan the safest route, only to find those roads have become more dangerous because of the popularity of the website? Traveling safely from point A to point B continues to lie primarily in the hands of the driver, not the roadway.

Continue reading "Technology could reduce risk of Carolina car accidents during road trips" »

The verdict is in - and a former Carolina plastic surgeon has been found guilty of killing a young woman in a fatal drunk driving accident.

WRAL reported that after 11 hours of deliberations over three days, jurors found a 44-year-old former facial plastic surgeon guilty of involuntary manslaughter, driving while impaired and felony death by motor vehicle.

Our personal injury lawyers in Raleigh, Charlotte and Winston-Salem recently reported on this case on our North Carolina Personal Injury Lawyer Blog.

Superior Court Judge W. Osmond Smith III handed down the maximum sentence allowed for the felony death by motor vehicle charge. This will send the defendant to prison for 36 to 53 months. Prosecutors argued during the sentencing hearing that the sentence should be increased due to the fact that the defendant had a previous DWI and speeding arrest in Georgia, twenty years ago, where he pleaded no contest.

The crash occurred back in September of 2009 when the defendant, coming home from an afternoon of golfing at the Raleigh Country Club, slammed into the back of the 20-year-old victims' Hyundai Elantra. The victim, who died from her injuries, was an aspiring ballerina and a member of the Carolina Ballet.

The defendant had a blood alcohol content (BAC) of .24, which is triple the legal limit. Witnesses stated he was traveling at speeds in excess of 75 mph in the 45-mph speed zone prior to the crash.

Some members of the jury were upset that they all couldn't agree on the second-degree murder charge. Two of the jurors felt that the prosecutors did not prove that the defendant acted with malice. Others might argue that anyone that drinks enough alcohol to have a BAC three times the legal limit, drives their vehicle well over twice the posted speed limit, and runs through an intersection, is acting in a malicious manner.

In 2009, the National Highway Traffic Safety Administration reported of the 1,314 fatal North Carolina car crashes, 430 were alcohol related.

Continue reading "Former surgeon guilty in fatal Carolina drunk driving car accident" »