August 2011 Archives

August 29, 2011

North Carolina Car Accidents Involving Farm Equipment an Autumn Danger


North Carolina farmers operating large machinery have been taking to the roads recently so that they can get their crops cut, sold, or stored before the cold weather sets in. Recent news from the Federal Motor Carriers Safety Administration (FMCSA) indicates that farmers will continue to be free to transport their goods however they see fit because the government has no intention of setting new regulations.

With daylight hours continuing to get shorter with each passing day, our Hickory car accident attorneys know that farmers will be working hard to get their crops harvested; motorists are advised to use a little extra caution to avoid a car accident involving farm machinery in North Carolina.
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Many pieces of farm equipment are big and bulky and loads are not always secured properly so motorist should drive safely when they attempt to pass or follow behind a tractor, hay wagon or other large piece of slow moving equipment.

John Porcari, U.S. Department of Transportation Deputy Secretary reconfirmed that there is no need for states to make changes to regulations that have worked well in the past. Changing or adding new regulations is not needed within the farm community and farmers will continue to have the same exemptions they have always had.

Farmers expressed their concerns about the overnment clamping down on transport regulations earlier this year, which led to the U.S Department of Transportation initiating a review. The FMCSA released guidance which orders state officials to use a common sense approach in allowing farmers, farm workers and their families to go about their business and transport produce and other product to market each day. The government will not impose any new regulations or new safety requirements, or change rules with regard to how farm machinery or farm supplies are transported to and from a farm.

Approximately 1,700 farmers nationwide submitted comments and concerns to FMCSA, of which most requested that the agency allow state governments to oversee exceptions as needed. One concern proposed by farmers was that a Commercial Driver's License (CDL) for some farm operations would not be exempted which is a concern for those using "crop-share" leasing. Upon further investigation, FMCSA found many inconsistencies from state to state which resulted in asking state officials to ease up on safety regulations for new entrants performing "crop share" leasing. There are three issues of particular interest as it pertains to farm equipment on public roadways. These issues include:

-Interstate vs. Intrastate commerce: Very little leeway is given to FMCSA since the U.S. Supreme Court and otherfederal courts have determined the difference between the two. The states and agriculture industry have come to terms and generally agree that no new regulatory guidance is needed at this time.

-Commercial Driver's License: As of now, each state can regulate and make exceptions with regard to CDL when it comes to operators of farm vehicles, including family members of farmers or employees hired by the farmer. FMCSA has determined that farmers who rent farmland and gain from the crops or transport to market for themselves or their landlords should be permitted to obtain CDL exemptions handed out by the state.

-Implements of Husbandry: It is next to impossible to keep farm equipment off of rural public roadways, even if only for short trips. Most states already have common sense regulations and enforce these practices so that farmers can move equipment to and from the crops and the farm safely. FMCSA has determined no changes are needed at the federal level.

Motorists should keep a watchful eye for farm machinery transporting goods and equipment in the weeks to come. Showing a little extra patience can reduce the risk of injury involved in a collision with machinery operated by a farmer.

Continue reading "North Carolina Car Accidents Involving Farm Equipment an Autumn Danger" »

August 25, 2011

North Carolina Distracted Driving Accidents Costly for Families, Require Experienced Law Firm


What is the cost of a distracted driving accident in Hickory? The Chicago Tribune reports that the price tag is overbearing for families and it can be quite costly for an entire state when calculated properly.

Car accident lawyers in Winston-Salem and elsewhere know that the financial suffering doesn't even come close to the emotional toll that a family faces after losing a loved one to a distracted driving accident.
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According to the article, the Car Talk expert calculated the cost of distracted driving for Kansas. Twenty-eight percent of deaths are caused by distracted drivers which, in Kansas, translates to 97 fatalities, 5,000 injuries and roughly 12,000 cases where property is damaged in a distraction-related accident. Consequently, the Kansas economy was tagged in 2009 with a $500 million price tag for property damage, injuries and fatalities caused by a distracted driver.

The National Safety Council estimates property damage costs $7,500 per accident. The cost of personal injury is estimated at $61,600 and the cost per fatality is roughly $1,130,000.

So much attention is given to distracted driving nowadays because it is the cause of death for so many on American roadways. Passing state laws won't be enough to deter drivers from texting or talking on their cell phone while they drive. Effective campaigns which address public safety and distracted driving are needed statewide to reduce the number of accidents caused by driver inattention. It is estimated that if laws and campaigns could reduce distracted driving accidents by 10 percent it would have a direct effect and cut state costs annually by $50 million.

Maybe it is as simple as what a young Lake Norman High School student is doing as she remembers the death of a grandmother in Mooresville. The Lake Norman News reports that even five years after the teen distracted driving accident that killed an elder woman in her neighborhood, it continues to have a profound effect on the high school junior who recently obtained her learner's permit. Working towards achieving the highest attainable award in Girl Scouts, the Girl Scout Gold Award, the junior is asking drivers in her area to pledge not to use a cell phone or other digital device while they drive. The teen created a short video playing out the dangers of distracted driving and will be campaigning at events this summer to try to get motorists in North Carolina to sign the pledge.

Motorists who put away the cell phone while they drive can save in so many ways. Not only is saving a life important, but the financial and emotional savings of reducing distracted driving accidents is enough to last a lifetime.

Continue reading "North Carolina Distracted Driving Accidents Costly for Families, Require Experienced Law Firm" »

August 23, 2011

Teen Safety Highlighted by Project Ignition: Aim is to Reduce Teen Car Accidents in Asheville, elsewhere


Organizations all over the country continue to be proactive about creating awareness regarding the dangers teens face when they first become legal to drive. Safe driving initiatives, programs and laws will hopefully sink in to the minds of young drivers at some point and start to make a positive impact on reducing teen car accidents in Asheville and other cities throughout the country.

We posted previously on our North Carolina Car Accident Lawyers Blog about The Ford Driving Skills for Life program offered to teens in Raleigh/Durham, which focused on teaching teens about critical skills that they often lack. Teaching teens about space and speed management, hazard recognition and how to handle a vehicle in critical situations through hands-on events and interactive programs is vital in giving teens the knowledge and experience to become better drivers.
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Statesville car accident lawyers know getting school systems involved plays just as an important role in teen safety as reaching out to teens directly. School involvement can help mold teens in a peer setting and puts pressure on teens to make good decisions.

News Blaze reports that State Farm and National Youth Leadership Council (NYLC) are offering $2,000 grants to high schools throughout the country as part of Project Ignition, a program that teaches teen safety through a method called service-learning.

"The National Youth Leadership Council is proud to partner with State Farm to continue to provide this opportunity for students to use their own ideas and voices to make a tremendous impact on this issue," said Kelita Svoboda Bak, NYLC CEO.

For eight years running, Project Ignition has been getting students and their mentors at school to come up with new ideas, and to campaign and host teen driver safety events. Students can obtain academic credit for their creativeness, initiative and time spent advocating for young driver safety.

The NYLC promotes service-learning because it is a unique way to teach and learn and get teens involved at school and within their community. The following is an example of service-learning:

-Students discover that a cell phone caused a teen driver to get distracted and cause an accident. The students then delve into the many possibilities of why a cell phone can be distracting. Once discussed with the members of the group, the students share their ideas and offer suggestions to other peers and community members that can reduce the temptation or willingness to use a cell phone while driving. Reflecting and creating awareness in an open forum can trickle down and cause others to consider the dangers of driving with a cell phone in their hand and hence curb the dangerous behavior.

2011-2012 Project Ignitions Grants are available to public high schools in North Carolina and throughout the country. A total of 25 schools will be hand-picked to instrument their campaigns during the months of January through April and will receive a $2,000 grant to put towards the campaign. Ten schools will be selected from the Top 25 and awarded an additional $5,000 to participate in a national event or conference. If one of the Top 10 schools opts to campaign during the following school year they could be eligible to receive another $2,500 grant for their participation.

For more information or to download an application, visit Project Ignition online or call 1-888-856-7026. Applications will be accepted until November 15, 2011.

Continue reading "Teen Safety Highlighted by Project Ignition: Aim is to Reduce Teen Car Accidents in Asheville, elsewhere " »

August 18, 2011

Safety Series Promotes Safe Driving for Motorists, Reduces Child Injuries in Back to School Accidents in North Carolina


Teen drivers and other motorists are encouraged to start using more caution on roadways now that school is about to resume for another year. The fall season can present more risks for car accidents in Gastonia, Charlotte and elsewhere in the state due to the fact that motorists have to start sharing the roadways with school buses, child pedestrians, or school age bicyclists.

As part of a four-part series about "Back to School Safety" we will be offering many tips that can be communicated to everyone in your family in order to keep children safe as they head back to school for another year. Topics in the series will include: safe teen/motorists driver tips, walking and biking to school safety, how to avoid playground and other school-related injuries, followed by a series finale on the safe routes to school program in North Carolina.
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As we begin our series with teen safety and driving tips for all motorists, Charlotte car accident attorneys know that now is as good of time as any to start getting in the routine of allowing extra time for the morning commute or training yourself to be more alert as you head to work or school each morning.

Motorists who are drowsy or distracted in the morning are at high risk of causing an accident this time of year. The National Safety Council and leading provider of school bus transportation, First Student, have teamed up to offer teens and motorists safety reminders to keep in mind as the school year begins.

"Research has shown distracted drivers 'look at' but fail to 'see' up to 50% of the driving environment, which can include student pedestrians and bicyclists," said NSC President and CEO Janet Froetscher. "The back-to-school season is a good reminder to be responsible drivers as we all share the roads."

Since teens are the age group most in danger of being involved in car accidents, especially those caused by distractions, the Council recommends that parents develop their own personal graduated driver license program for a young driver in your household. The more experience and knowledge that a teen can gain, the better off the teen will be in the long run as strong GDL programs can reduce deaths by as much as 40 percent, according to recent studies. There are six general principles to include in a family program. These include:

-Apply a zero tolerance law for your teen driver with regard to driving under the influence. No exceptions or excuses are permitted.

-Teens who wear seat belts can reduce injuries in a crash by 50 percent so create mandatory seat belt rule.

-Ban the use of cell phones by setting a good example and following the same rule every time you get behind the wheel.

-Limit passengers riding in the car with your teen until they have a year of experience under their belt.

-Limit nighttime driving by establishing a timeline guide. For example, no driving permitted after 10 p.m.

-If a teen experiences difficulty in making decisions in poor weather conditions or at night, they may not be ready to take the test for full licensing. Extend the learning period and supervise them in difficult driving situations so that they can gain confidence.

No motorist should be above being reminded of a few simple tips to remember as more buses, bicycles and pedestrians hit the streets in the next few weeks. Never pass an idle school bus that is loading or unloading children. Instead, look for flashing red lights and a motorized stop sign arm to indicate the bus is making a stop. Always allow plenty of space around the bus to ensure a child's safety. Motorists that approach a crosswalk or intersection should always yield to pedestrians and obey the directives of a crossing guard or patrol officer. Honking your horn or revving your engine when you have the right-of-way serves no purpose except to scare the pedestrian or bicyclist. Be patient and wait for them to clear safely in front of you before you proceed. Always pass a bicyclist on the same side of the road slowly in case they make a quick decision and move left into traffic.

Motorists should expect to see children biking or walking in school zones or neighborhoods so use extra caution in order to avoid an accident throughout the school year.

Continue reading "Safety Series Promotes Safe Driving for Motorists, Reduces Child Injuries in Back to School Accidents in North Carolina" »

August 18, 2011

Pedestrians, Bicyclists, Motorists at Risk of Intersection Accidents in Charlotte


Intersections are not only a common location for car accidents in Winston-Salem but they are also the site of many pedestrian and bicycle accidents which makes most intersections a deadly disaster waiting to happen. Motorists should use caution every time they approach an intersection because the complex traffic patterns and limited visibility can put them or others at risk of an accident which leads to serious injury or even fatality.

Charlotte car accident lawyers know that a good number of intersections are deemed dangerous based on past accidents reports. Knowing that particular intersections are classified as dangerous could allow bikers, pedestrians and motorists to alter their route or travel time in order to avoid a potential collision.
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WSOCTV recently reported that Charlotte's Department of Transportation put together a complete list of the city's most dangerous intersections. In most cases, driver inattention, failure to yield, speed and other human factors were the leading causes of the accident.

The crash data report indicates for the second year in a row that the intersection of South Davidson and East Martin Luther King Boulevard ranked highest for accidents in 2010. This intersection has been the site for a total of 41 accidents over the last three years which is likely due to the high volume of traffic that passes through it each day. Other notable intersections that make the Top 5 list in Charlotte include:


  • Close to the Interstate 485 entrance where Harrisburg road connects with Cambridge Commons Drive.

  • North Caldwell Street and East 5th Street intersection.

  • Conlan Circle where it intersects with John J. Delaney Drive

  • Reagan Drive and North Tyron intersection.

The Charlotte Observer reports that the Department compiles an annual report on traffic data for Charlotte which does not include crash statistics for local interstates, parking lots or private lots. There were a total of 29 fatal accidents and roughly 5,800 injuries as a result of the 15,799 crashes that occurred in Charlotte in 2010. Collisions involving bicycles rose more than 10 percent from 83 in 2009 to the 94 reported in 2010.

Tips to remember for intersection safety:


  • Always yield the right of way.

  • Prepare to stop at a yellow light about to turn red unless stopping causes the situation to be more dangerous.

  • Wait for oncoming traffic to pass the intersection before making a left turn.

  • Tailgating is never advised but near an intersection this behavior can be particularly dangerous because you don't know what the vehicle in front of you will do. Following too close usually results in a rear-end collision with one or more vehicles.

  • Take note of your surroundings at intersections which includes being alert for pedestrians, bicyclists or other vehicles.

  • Refrain from checking text messages or emails while waiting for the light to turn green.

  • Yield to pedestrians in the crosswalk before putting your vehicle in motion.

Continue reading "Pedestrians, Bicyclists, Motorists at Risk of Intersection Accidents in Charlotte" »

August 18, 2011

NASCAR Driver Raises Teen Awareness in an Effort to Reduce Speed-Related Accidents in Statesville


NASCAR driver Kyle Busch was in the news last May when he reportedly was driving at a high rate of speed on a rural North Carolina roadway. WBTV Statesville reported that Busch was speeding excessively in a 45 mph zone before law enforcement pulled him over near his residence.

Busch was testing the speed of his newly purchased sports car at 128 mph when officials say they clocked him for speeding. Busch publicly apologized for putting other motorists at risk of a car accident in Statesville and for behaving irresponsibly.
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Charlotte car accident attorneys know that Busch's lack of common sense and poor judgment could have put others' lives in real danger and could have led to a much more negative outcome. Maintaining control of a car at any speed over the posted limit is difficult, especially on rural roadways where just about anything can deter a motorist from staying on the road safely.

Busch is attempting to redeem himself and turn a negative into a positive, ESPN.com reports. The NASCAR driver is committed to helping 300 teens in 10 different schools complete the B.R.A.K.E.S. Driving School program. The program was initiated by Doug Herbert in 2008 after his two sons died in a speed-related car crash.

"After spending time with Doug and getting to hear his story about that, it was easy to see this was the right fit for me to get my message out and help get their message out," Busch said. "Certainly, I don't have any excuses for my actions and I'm sorry for what happened."

Herbert approached Busch after hearing about his charges for speeding and careless and reckless driving back in May. Realizing that Busch is a role model for young teens, Herbert spoke to him about the impact he can have on young drivers by getting involved in the program.

Herbert's Be Responsible and Keep Everyone Safe program has reached over 3,000 teens in teaching them about the dangers of speeding and the consequences that can follow irresponsible driving behavior. The driving school puts teens, ages 15-19, in a real driving experience while in a controlled environment which allows them to gain the confidence and skills needed to be a safe driver.

The odds of a teen being involved in an accident within the first 36 months of obtaining a license are almost very high, meaning many teens are involved in an accident by age 19. Human error is the cause of 70 percent of car crashes and most accidents are considered avoidable.

B.R.A.K.E.S. offers these simple tips to teens:

  • Adjust your seat to a comfortable position each time you get in the car, especially if you share the vehicle with other drivers. There should be a slight bend at the elbow and knee in relation to the steering wheel and foot pedals.
  • Grip the steering wheel comfortably with two hands at the 10 and 2 or 9 and 3 positions.
  • Side view mirrors should be adjusted so a driver can see the lanes next to you not the rear bumper.
  • Scan mirrors every 6 to 8 seconds to view traffic behind or to the side of your vehicle. Be aware of everything going on around you.
  • Check tire pressure routinely, especially in extreme hot temperatures.
  • If you sway to the side of the road, don't panic or jerk the steering wheel to get the vehicle back in place. Make your way steadily back onto the roadway safely.
  • Avoid slamming on the brakes whenever possible by staying alert for obstacles on the roadway and maintaining a safe distance behind the vehicle in front of you.

Continue reading "NASCAR Driver Raises Teen Awareness in an Effort to Reduce Speed-Related Accidents in Statesville" »

August 15, 2011

Fatal Teen Car Accident in North Carolina a Reminder to Limit Number of Teen Passengers Riding with an Inexperienced Driver


A recent fatal teen car crash in Fayetteville, which injured four passengers and killed two others, has resulted in the young female driver being charged with two counts of felony death by motor vehicle and two counts of felony assault by motor vehicle.

WTVD ABC News reports the teen driver had previously been charged with driving without a license, reckless driving, speeding and driving under the influence. These behaviors are common among young drivers and often lead to fatal consequences following a teen car accident in Statesville, Greensboro or Winston-Salem. The 17-year-old driver had six teen passengers (ranging in ages 14-19) in the car with her at the time of the accident.
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This incident, along with many others is why New York Senator Kirsten Gillibrand has been working so diligently to get the Safe Teen and Novice Driver Uniform Protection (STANDUP) Act to be considered by the Senate Commerce Committee. Her advocacy has finally paid off reports WAMC, stating that her teen driver proposal has made it through one more step in Congress on its way to becoming law.

Asheville car accident lawyers know that creating a uniform standard for strengthened Graduated Driver's License (GDL) programs nationwide could give young drivers more experience, as well as, limit the number of passengers permitted to ride with them which in effect should reduce teen car accidents in North Carolina and throughout the country.

Saferoads4teens.org explains that collectively, all states would offer a strengthened GDL program which includes the following key points of the STANDUP Act:

  • Offer three phases of obtaining a license - learner's permit, intermediate and full license.
  • Teens would not be permitted to start learner's permit procedure before age 16. A full license with no restrictions would not be obtained before age 18.
  • Only at the full licensure stage would unsupervised night time driving be allowed.
  • Use of mobile devices in any capacity would be forbidden until a full license is obtained.
  • Teen drivers would be restricted to driving with another teen companion until a full license is obtained at age 18.
  • States would have up to three years to comply with the standard GDL requirements. A state failing to comply would forfeit a percentage of federal funds provided to improve highway safety each year.

If the STANDUP Act is passed, North Carolina would need to change the minimum age requirement to obtain a learner's permit to age 16. Currently, teens can start the process at age 15. Teens are also currently permitted to obtain a full license at 16 years and 6 months which would need to be extended to age 18 under the proposed bill.

Any restrictions placed on teen drivers would need to be extended until they turn 18. For example, North Carolina teens are currently permitted to drive alone at night when they reach the intermediate stage which is age 16.

More research is needed, but studies have shown that teen drivers who gain a lot of experience driving in stages can improve their safety. Gaining knowledge and experience in how to handle dangerous driving situations should be learned a little at a time but can make a difference in keeping young driver accidents to a minimum.

Continue reading "Fatal Teen Car Accident in North Carolina a Reminder to Limit Number of Teen Passengers Riding with an Inexperienced Driver" »

August 12, 2011

Speeding and Driver Inattention Increases Risks of Rural Roadway Car Accidents in North Carolina, South Carolina


A recent analysis of rural roads in South Carolina indicates that low shoulders on winding and curvy roads with very few patrolmen make them the most dangerous to travel on.

It goes without saying that speeding, driver inattention or driving under the influence on rural roads only heightens the risk of a car accident in Hickory or elsewhere in the state.
Gastonia car accident attorneys know that only 30 percent of roadways in North Carolina are considered interstates, so not traveling on rural roadways is nearly impossible.
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Rural roads are typically narrower, may not be marked with edge lines and offer little or no overhead lighting, which can make driving at night particularly dangerous, especially when traveling at a higher rate of speed.

The State recently reported that motorists in Lee County are the most at risk of being killed in a car accident when taking into account vehicle miles driven. In 2009, 7 percent of traffic fatalities in South Carolina occurred in Lee, Clarendon, McCormick, Marlboro and Williamsburg counties, which only accounted for 3 percent of the vehicle miles driven statewide. Lee County reported 4.5 fatalities per 100 million vehicle miles driven which was more than twice as much as the entire state's fatality rate reported at 2.

Sumter, Greenwood and Marlboro were the counties that motorists were most likely to be injured in a car accident while Calhoun County motorists were the least likely to be involved in a car accident. The analysis did provide evidence that the more populated a county was the higher the risk of a car accident with more motorists sharing the roadways.

It is clear that the more motorists drive under the influence, speed, fail to wear a seat belt or drive distracted the more risk they are of being involved in an accident, but that goes for any roadway, not just those stringing along through rural areas.

We posted previously on our North Carolina Car Accident Lawyers Blog that 79 percent of motorists polled feel safe when driving on rural interstates. So much so, that they begin to relax and maybe attempt more risky behaviors like checking their email while they drive or speed to get to their destination a little faster on a less-populated roadway. These behaviors often lead to severe crashes and result in severe injury or death.

"The majority of accidents occur within seven miles of a person's home," said Tom Crosby of AAA Carolinas. "People who live on rural roads tend to be so familiar with them they tend to relax their attention. Their familiarity breeds that lack of alertness you might have on an unfamiliar road."

Driver Sense offers these tips to remember when traveling on rural roadways:


  • Fill your gas tank before you leave the big city. Running out of gas can put you in danger of a roadside accident.

  • Slow your speed, especially young drivers who think empty roadways are enticing for driving a little faster.

  • Be prepared for obstacles like debris in the roadway or critters that are frantically crossing the roadway to escape being hit.

  • Use extra caution on rural roads which have lots of bends, curves, dips, hills and other dangerous driving patterns that make it difficult to maintain control.

  • Use high beams at night to make vision clearer. Always switch from high beam to low beam when you see oncoming headlights approaching.

Continue reading "Speeding and Driver Inattention Increases Risks of Rural Roadway Car Accidents in North Carolina, South Carolina" »

August 9, 2011

New Technology Could Lead to More Defective Vehicles, Putting Motorists at Risk of Car Accidents in Winston-Salem, Nationwide


The possibility of a motorist staying connected while they drive their vehicle could be in the future, but Greensboro car accident attorneys are wondering what that will do to the already horrific distracted driving statistics that are reported each year in our country.

An article in Forbes reports that drivers could soon benefit from wireless access in their vehicle if multiple software and service providers can work together to make it happen. It will require that the automobile industry, telecommunications industry and possibly even the insurance industry charter unfamiliar territory in an effort to bring wireless to your vehicle at the touch of a button.
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One foreseeable problem is that the owner of a vehicle is not always the driver. The driver may have an application on their smart phone for an eco-friendly map service which would save on fuel while the owner is registered for a mapping device offering the shortest route through the automaker. The two industries collide in a situation like this.

From a safety standpoint, improving telecommunications technology has made distracted driving accidents in Winston-Salem, and elsewhere in the country a health threat resulting in almost 5,500 deaths each year.

The complexity of all these industries providing a service to users, no matter who owns the vehicle or the device, could lead to more defective vehicle claims. Technology may have made some vehicles safer over the years, but it has also created a lot of distraction that makes roadways unsafe for everyone who shares them.

One prediction for the future is that drivers will program the vehicle to their liking via the web by creating a profile. The driver could set up a portal containing personal information, insurance carrier, and mobile service provider which would allow for alterations enabled by vehicle systems, mobile Web portals, desktops and smartphone apps.

The automaker would even pre-configure a skin type for the dashboard to identify each driver using the vehicle. Drivers would be able to download the automaker's app for any vehicle which allows smartphones to integrate with vehicle systems. To improve safety, the new technology would only allow smartphone access when the vehicle isn't moving.

For example, if you wanted to download music to you dashboard or view video images on your screen, you could, but only if your vehicle isn't moving. As soon as the vehicle starts in motion, images would go blank thereby limiting distractions for motorists while they drive.

In all likelihood, the vehicle system would only operate on voice commands and not allow any touch features to control the applications.It all sounds complicated, but with technology nothing is ever simple. Even if the experts were to figure out how to limit accidents caused by driver inattention, there is still a concern for defective vehicles causing fatal injuries in a car accident.

Ask yourself, is staying connected while you drive really worth risking your life or the life of another?

Continue reading "New Technology Could Lead to More Defective Vehicles, Putting Motorists at Risk of Car Accidents in Winston-Salem, Nationwide" »

August 6, 2011

Railroad Crossings in Charlotte, Elsewhere a Danger for Motorists and Pedestrians Involved in Train Accidents



A recent railroad crossing accident in Charlotte has us mindful that not only are crossings dangerous for car passengers but train operators have little or no time to stop and avoid a pedestrian spotted along the tracks.

WBTV reports a man was killed near the railroad crossing at Archdale Drive by a freight train when he was attending a memorial where his son died five years ago. The train operator attempted to stop the train but was unable to avoid the collision.
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Accident attorneys in Asheville and Charlotte know that trains are and that far too many rail accidents are occurring throughout the United States because rail crossings are not marked properly, safety gates are not maintained, or a locomotive is too big to stop in time to avoid a collision.

The Federal Railroad Administration reported over 7,000 accidents nationwide at railroad crossings from 2007 to 2010. These accidents resulted in 873 lives lost. In 2010, FRA reported 628 train accidents caused by human factors nationwide; 666 accidents caused by track-related issues; and 246 accidents were caused by equipment failure. Through May of this year, North Carolina has reported 6 fatalities in all train incidents and South Carolina has reported 3 deaths in all train accidents or incidents.

The North Carolina Department of Transportation Rail Division reports there are over 3,700 open public at-grade crossings in the state. Of these, only seven are equipped with traffic signals while 1,988 contain flashing light signals and gates and 1,291 are equipped with crossbuck or other signs which are often meant for yielding, not stopping at an intersection.

Though North and South Carolina are not in the top 10 deadliest states required by the federal government to improve railroad crossing safety as reported in the Chicago Tribune last month, many states are now considering the dangers at railroad crossings.

As part of the Rail-Highway Grade Crossing Improvement Program, South Carolina is targeting railroad safety following the death of a woman who died in a tragic accident earlier this year.

The Times and Democrat reports that South Carolina officials will receive more than $200,000 per each of three rail crossings to improve safety. The South Carolina Department of Transportation has allotted $201,496 for gates at the State A&M crossing, $220,380 will be used for gates at the crossing on Sellers Avenue and $207,542 is set aside for gates and flashing lights at the Bair Road crossing in Calhoun County. South Carolina receives approximately $4 million a year from the federal government meant for improving rail crossing upgrades at roughly 2,650 public rail crossings located throughout the state.

Motorists and pedestrians are reminded of these simple tips:


  • Only cross over a track if you are sure you can make it to the other side safely.

  • If a railroad crossing is not equipped with flashing lights and gates, look and listen before you cross.

  • Trains may travel from either direction so look both ways before you cross and expect multiple trains when several tracks are located at the same crossing intersection.

Continue reading "Railroad Crossings in Charlotte, Elsewhere a Danger for Motorists and Pedestrians Involved in Train Accidents" »

August 3, 2011

Proposed Legislation Aimed at Protecting Teens and Adult Drivers, Reducing Risks of Car Accidents in Greensboro, Charlotte, Nationwide



The introduction of Mariah's Law has safety advocates and Greensboro car accident attorneys among others, applauding the efforts of Democratic leaders of the Senate Committee on Commerce, Science and Transportation.

EIN News recently reported that new legislation that could improve state traffic laws, consumer information and safety of vehicles in order to reduce the number of car accidents in North Carolina and throughout the country.
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The proposed Motor Vehicle and Highway Safety Improvement Act of 2011 (MVHSIA) , or Mariah's Law, is named after a teen killed in an Arkansas car accident caused by texting while driving. The law proposes to address:


  • Restructure safety defect and consumer information

  • Improve child passenger safety.

  • Concentrate on distracted and impaired driving reforms.

  • Enhance standards in terms of motor vehicle safety.

  • Review and improve teen driver licensing programs.


"Motor vehicle crashes are the leading cause of death for all Americans ages 5 to 34. And the annual highway death toll costs our nation over $230 billion a year," said Jacqueline Gillan, vice president of Advocates for Highway and Auto Safety. "Too many people are needlessly dying because states have been slow to enact laws to protect teen drivers, keep drunk drivers off our roads and ban the dangerous and deadly practice of texting while driving."

We posted previously on our North Carolina Car Accident Lawyers Blog about two proposed bills, the Safe Drivers Act of 2011 and Safe Teen and Novice Driver Uniform Protection (STANDUP) Act that would federally mandate and bring consistency throughout the U.S. to eliminate texting while driving and create graduated drivers licensing programs that are uniform from state to state.

The STANDUP Act is a provision of MVHSIA in which $22 million of federal grant money would be poured into a state adoption of laws aimed at limiting teen passengers in the car with teen drivers, limiting teens driving at night, and banning cell phone use. In order to receive grant funding, states would need to adopt laws that restrict these areas of teen-related driving issues. States that identify safety issues and impose stricter laws will benefit by receiving grant funds.

"These measures will provide states with effective guidelines to help ensure drivers' safety and prevent risky behavior - especially among teen drivers. I will continue to fight to strengthen protection for drivers and make our roads safer for everyone," said Senator Amy Klobuchar, D-Minn.

MVHSIA would also direct the National Highway Traffic Safety Administration to create a standard that will protect consumers from unreliable electronic systems that control safety mechanisms installed in a vehicle. By giving consumers more easy access to safety-related data, defects and recalls, it is hopeful that the government can then instill more confidence in the vehicle safety programs and investigations it performs.

"This bill is about saving lives," said Senator Mark Pryor, Chairman of the U.S. Senate Subcommittee on Consumer Protection, Product Safety, and Insurance. "We've strengthened programs designed to stop dangerous driving behavior, and we've stepped up vehicle safety so that families are protected by strong safety standards and devices when an accident does occur."

Continue reading "Proposed Legislation Aimed at Protecting Teens and Adult Drivers, Reducing Risks of Car Accidents in Greensboro, Charlotte, Nationwide" »

August 1, 2011

New Technology Aimed to Track Your Elder, Reduce the Risk of Hickory Car Accidents Involving Senior Citizen Drivers



Senior drivers will soon get some help from the latest technology if they are the type of driver that gets lost or confused. Senior drivers who don't know their way around on roadways are at a higher risk of car accidents in Hickory and elsewhere so devices could be helpful for loved ones concerned about a senior driver.

Some states like Florida offer a Silver Alert program which is successful in tracking lost elder drivers. North and South Carolina don't offer a program like that, but help is on the way. An article in the Sun Sentinel offers several suggestions to help keep track of your elders while they drive. Winston-Salem car accident lawyers know that devices like these can be helpful as long as they don't scare the driver or make them more confused.
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OnStar, offered in General Motors models, is now going to be available for installation in non-GM vehicles. OnStar has a tracking device than can find motorists who are lost which can be especially helpful for roaming senior citizens. OnStar retails at roughly $300 plus $75 for installation. The monthly service fee begins pricing at $18.95 and up depending on how many bells and whistles you want featured on the in-vehicle device.

The Alzheimer's Association offers Comfort Zone, which is an alerting device offered in several models ranging in price. The Cal Amp finds a car within two minutes but is permanently installed, costs $199 plus activation and charges a monthly fee of just under $40 a month. The Sendum is $299 plus activation, portable and can find a car within 15 minutes if you pay the monthly fee of $44.95. A cheaper version is the inGeo, which for a monthly fee of $14.95 will track your lost loved one and alert you once a day. This gadget retails for approximately $99.

SeniorDrivers.org reports that in 2008, North Carolina appointed a coordinator in charge of older driver initiatives. In conjunction with the North Carolina Department of Motor Vehicles, the Older Driver Program coordinator has established the following goals to be met in order to enhance elder driver safety on roadways:


  • Establish a contact person for: physicians or medical professionals who have a concern about an elder driver at risk behind the wheel, law enforcement who want to report an unsafe driver, or an older person who has questions about licensing.

  • If an elder has their license suspended, be able to provide alternative transportation options for senior citizens.

  • Certify that DMV examiners need to treat senior citizens with respect and care rather than mistreat and lose patience with them.

  • Aid DMV examiners in knowing the difference between testing a teen driver and testing an elder driver.

  • Assist loved ones with the transition process of taking the keys away from an elder driver.

  • Encourage and assist senior drivers to get involved in older adult driving programs which can enhance their abilities as they get older.

For more information about an educational program that can help your elderly loved one determine a safe car, address their cognitive ability and make them more mobile in the community, visit car-fit.org.

Continue reading "New Technology Aimed to Track Your Elder, Reduce the Risk of Hickory Car Accidents Involving Senior Citizen Drivers" »