September 2011 Archives

September 28, 2011

Fatal North Carolina Teen Car Accident a Lesson to Talk to Your Teen about Safe Driving Beyond Obtaining a License, Throughout High School


A fatal teen car crash near Lillington earlier this month has our Winston-Salem car accident lawyers wondering if there is ever a time that parents should allow their teens to drive late at night or with other teen passengers accompanying them in the vehicle.

WTVD reports that four teenage classmates between the ages of 15 to 17 were riding in a vehicle on Old Highway 421 when the young driver lost control of the vehicle, flipped the car and caused the vehicle to crash. A 17-year-old passenger is dead and her 16-year-old friend who was driving will be charged with misdemeanor death by motor vehicle. The two other teens passengers were taken to WakeMed but are expected to survive the accident. Troopers report speeding was a contributing factor in the crash but that the accident was not alcohol-related.

This incident, along with many other teen car accidents in Charlotte and elsewhere in North Carolina are why strong graduated licensing programs are needed.

According to the Insurance Institute for Highway Safety, teens in North Carolina can apply for a learners license at the age of 15. During the intermediate stage, teens are not permitted to drive alone between the hours of 9 p.m. and 5 a.m. and are limited to one passenger under the age of 21 riding in the vehicle with them. Nighttime and passenger restrictions could be lifted as early as age 16 years and 6 months under certain conditions.

An article in U.S. News & World Report states that a recent study shows 16-year-olds are less likely to be involved in a fatal crash than 18-year-olds in states with strict GDL laws. In fact, states with the strictest GDL laws showed a 26 percent decrease in fatal crashes involving a 16-year-old, but a 12 percent increase in fatal crashes involving 18-year-olds.

The study looked at over 130,000 fatal teen crashes which occurred between 1986 and 2007. The study found that the crash rate for 16-year-olds was 28.2 per 100,000 compared to 46.2 per 100,000 18-year-olds.

GDL laws vary from state to state but most have a 3-phase learning to drive program in place. The beginner stage allows teens to drive with supervision. The intermediate stage restricts high-risk situations like night driving while unsupervised. The final stage allows for full and unrestricted privileges for young drivers, which in North Carolina, could be obtained before age 18.

The study has caused some speculation as to why 18 year-olds are involved in more fatal crashes. One theory is that with strict GDL programs placing age restrictions on novice drivers, more teens are waiting to get their license. By waiting to apply for a learner's permit at age 18, teens can avoid some of the age-specific restrictions placed on them while learning to drive.

One lesson that can be learned from the study and recent fatal teen crash is that parents and role models should continue to make safe driving behaviors a hot topic of discussion with young drivers, even well into their college years. Gaining driving experience is important to become a safe driver but open lines of communications are just as equally important to keep you and your teen safe on roadways.

Continue reading "Fatal North Carolina Teen Car Accident a Lesson to Talk to Your Teen about Safe Driving Beyond Obtaining a License, Throughout High School" »

September 26, 2011

Banning Cell Phone Use by Truck Drivers Can Reduce the Risk of Fatal Tractor-Trailer Accidents in Statesville, Elsewhere


Motorists often get concerned when they are driving down the highway and see a tractor-trailer swaying in their lane. Many times a trucking accident in Statesville, Greensboro or elsewhere occurs because a driver has worked over the allotted hours of service and becomes drowsy, cargo is too heavy and the load shifts causing an imbalance in weight distribution, or a driver is texting or talking on the cell phone while they drive.

Many of these issues have been addressed or regulated by the government in the past year but the National Transportation Safety Board (NTSB) is adding one more recommendation to the list, a total ban on cell phone use by truck drivers. The NTSB previously suggested that cell phone use be prohibited for novice drivers and bus drivers. Most states have since then adopted laws banning either group from the unsafe behavior.
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Asheville car accident attorneys know that distractions are dangerous for anyone operating a vehicle but especially for truck drivers operating a tractor-trailer which is difficult to control because of its size. Eliminating the use of handheld or hands-free devices by all truck drivers or operators in possession of a commercial driver's license would certainly make other motorists safer on North Carolina roadways and interstates.

The Federal Motor Carrier Safety Administration banned truckers from texting last year. A trucker caught sending or receiving texts behind the wheel can face a potential fine of $2,750 and possible loss of driving privileges.

The recent recommendation to ban cell phones from truck drivers by the NTSB follows a full blown investigation of a trucking accident near Munfordville, KY which killed 12 people in 2010. Bloomberg reports that NTSB investigators found that the distracted truck driver causing the crash was on his cell phone when he crossed the median, broke through cable barriers and hit an oncoming 15-passenger van carrying 12 people attending a wedding. The van driver, nine passengers in the van and the truck driver were all killed in the fatal tragedy.

NTSB officials investigating the accident found that the truck driver had used his cell phone 69 times for calls and text messages in the 24-hour period leading up to the accident. The driver had made 4 calls a few minutes before the accident and the last call corresponded with the same time the tractor-trailer veered across the center median.

The investigative report also indicated that road or weather conditions, the health of the truck driver and mechanical conditions of the large truck had no impact in causing the accident. It is unclear whether drowsiness contributed to the distraction and supplemented the cause of the accident.

The American Trucking Association and many of its 37,000 members already regulate cell phone use by their companies, according to a spokesman. Though they don't necessarily feel that a hands-free ban is needed, they contend a texting ban and prohibition of handheld devices is in order to keep all motorists safe from a trucking accident caused by driver distraction.

Continue reading "Banning Cell Phone Use by Truck Drivers Can Reduce the Risk of Fatal Tractor-Trailer Accidents in Statesville, Elsewhere" »

September 26, 2011

North Carolina Tire Blowout Causes Family to Mourn Following Fatal Car Accident


Tragedy hit a family from New York City recently when the SUV they were traveling in flipped over several times on I-95 near Wilson. According to FOX News, it appears that the driver lost control of the vehicle after a rear tire experienced a blowout.

Our Greensboro car accident attorneys are deeply saddened by this accident. We recently posted on our North Carolina Personal Injury Lawyers Blog about the dangers of tire blowouts, especially in extremely hot temperatures.
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The North Carolina accident killed a grandmother, mother and daughter -- three generations of one family. All three victims were ejected from the vehicle. The family was returning from a trip to Florida where they had gone to Disney World. The 22 year-old daughter was driving when the blowout occurred, causing her to lose control. There were five other family members in the SUV who were not seriously hurt in the crash.

According to the National Highway Traffic Safety Administration (NHTSA) between 2005 and 2009, nearly 3,400 people died in car crashes related to tire issues and an additional 116,000 were injured. Roughly 33,000 people are hurt and 600 people die each year in crashes due to poor tire pressure.

Hot temperatures can cause heat stress to your vehicle's tires, which can lead to a blowout causing a deadly crash. A recently released survey indicated that most drivers, both male and female, don't know the correct way to check tire pressure nor have basic tire information. Most car owners have no idea where to find the right inflation pressure for their tires. Sadly, drivers wash their vehicle more often than they check the tire pressure and over 50 percent of drivers don't know when it is time to get new tires.

Properly reacting to a tire blowout could mean the difference between life and death. When hearing the BANG of your tire blowing out, most drivers jerk the wheel, stomp on the brakes and head to the side of the roadway. Though these reactions are typical, they could make matters worse.

Be prepared before the incident happens, which means have both hands on the steering wheel. The correct way to handle a blowout is to maintain your speed, don't step on the brake and steer gently in the opposite direction that your vehicle is pulling towards. Once you have control of the vehicle then slow down and start heading for the side of the roadway.

The NHTSA reported that 77 percent of passenger vehicle occupants involved in fatal crashes that were ejected died, according to 2008 data. Roughly 35 percent of passenger vehicle occupant fatalities were involved in rollover crashes. In 2008, SUVs had the most occupant fatalities in fatal rollover type crashes at 58 percent, followed by pickup trucks with 48 percent, vans had 35 percent and passenger cars had 25 percent.

Continue reading "North Carolina Tire Blowout Causes Family to Mourn Following Fatal Car Accident" »

September 25, 2011

Awareness and Simulation Could Reduce Future Distracted Driving Accidents in North Carolina


As states slowly jump on board with texting bans and laws preventing cell phone use while operating a vehicle, our Charlotte car accident lawyers want to reiterate that not only are texters in North Carolina breaking the law, you could be putting someone's life in jeopardy every time you click send or check your Facebook page when you are behind the wheel.

The Governors Highway Safety Association recently released the results of a comprehensive distracted driving study. Researchers took an in-depth look at how being distracted while operating a vehicle impacts performance, what risks are involved and what approach states can take to reduce distracted driving accidents in North Carolina and elsewhere in the country.
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A recent study that followed 100 drivers non-stop for an entire year found that drivers became distracted 25- to 50-percent of the time they were behind the wheel. A good number of surveys have also been given to drivers in which most conclude that more than 65 percent of motorists admittedly use a cell phone while they drive and a high number admit to texting while they drive.

More research needs to be done on how crash risks are affected by distractions. Little is known except that there is a direct correlation of cell phone use to being involved in a crash, but to what degree still needs to be determined. It is also probable that texting presents a higher risk for a crash than talking because you are actually taking your hands and eyes off the road to text while still trying to control the steering wheel.

Few countermeasures have been proven effective to deter the undesirable behavior that kills so many people every year. A rumble strip can alert a driver who is texting that they are veering off the roadway, but it doesn't prevent them from losing control or crashing into another vehicle.

States have adopted laws to ban texting or talking, yet motorists take their chances anyway and worry about the consequences of getting caught or causing an accident later. Various campaigns are carried out nationwide to grab the attention of texters and the risks they take when they try to multi-task behind the wheel. Awareness has produced some positive results but the risks are still there for motorists who continue to practice the unsafe behavior.

The GHSA recommends that states ban texting and cell phone use for novice drivers. North Carolina already considers it a primary offense if drivers under 18 are observed texting or talking while they drive. The GHSA also recommends that every state enforces a texting ban on all drivers. North Carolina drivers who text can be pulled over without other cause and be penalized for breaking the law.

Another suggestion made by GHSA is that states should have a stricter enforcement of the laws already in place. North Carolina law enforcement officials who turn the other cheek or fail to react when they see a driver violating a texting ban aren't helping the cause. If motorists feared they would be ticketed for texting, they might think twice before they respond to a text alert while they drive.

Much of the focus for distracted driving has been on the teen age group. Several campaigns, programs, and initiatives are offered to teens nationwide because this is the social media induced age group that can't live without a phone attached their hand.

Arbella Insurance Group sponsors Distractology 101, a crash course that speaks the language of teen drivers residing in Massachusetts and the Northeast region. Though it hasn't quite migrated this far south, the training course is an excellent concept and a memorable experience for teens that have an opportunity to participate.

The 45-minute simulated course gives teen's real time experiences with hidden hazards, failed reactions and unavoidable accidents all while they are trying to text and drive. Once the training is completed, teens can take the Distract-O-Meter Challenge to measure how much they have learned. Efforts need to continue to be made in order to save lives until each and every motorist realizes the dangers of distracted driving and the consequences that may follow.

Continue reading "Awareness and Simulation Could Reduce Future Distracted Driving Accidents in North Carolina" »

September 22, 2011

Safe Behaviors, Among Other Things, Can Reduce Severity of Injuries Sustained in Asheville Car Accidents


What a difference a day could make if motorists were to pick one day to curb bad driving behaviors in North Carolina and throughout the country. Poor driving behaviors, after all, are what makes roadways dangerous for motorists and increases the chances for involvement in a car accident in Asheville, Statesville and elsewhere in the state.

Car safety improves each passing year with better technology and more features that keep drivers and passengers safer and reduce the severity of injury when involved in a car accident. The Insurance Institute for Highway Safety recently released a status report which discussed the effectiveness of various safety measures like seat belts, child restraints and helmet use.
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Hickory car accident attorneys agree that safer cars help, but motorists can improve their own safety by slowing down, being patient and focusing on the road. Early projections by the National Highway Traffic Safety Administration (NHTSA) indicate that roughly 33,000 lives were lost nationwide in 2010 due to a car crash caused by a drunk driver, distracted driver, aggressive driver or someone driving way too fast, among other causes.

The NHTSA estimates that roughly 13,000 lives were saved by the use of seat belts in vehicles in 2009. Using a seat belt is one of the simplest ways to help reduce the severity of injury in a car accident. The NHTSA also predicts that another 3,500 people could have been saved if every occupant were to buckle up while riding in a vehicle. At best, we probably have an 85 percent usage rate when it comes to all occupants buckling up every time they get in the car.

A little more than half of the states have adopted a seat belt law that makes it a primary offense in which drivers can be cited if they aren't buckled up. Even fewer states require that all passengers in the vehicle be buckled while a vehicle is in motion, meaning someone in the back seat can ride unbuckled in some states and not be cited for a violation.

We posted previously on our North Carolina Personal Injury Lawyers Blog that the American Academy of Pediatrics established new guidelines for child restraints and safety seats that parents, caregivers or anyone who rides with small infants and children should follow.

Motorists transporting young children are encouraged to keep them in a rear-facing seat until certain height and weights requirements are outgrown rather than when age requirements are met. For example, previously when a child turned 2 it was time for them to move to the next level, but now children are required to stay in rear-facing seats if they are under the weight or height restrictions set forth by the car seat manufacturer. Similarly, once a child has graduated to the forward facing car seat, it is recommended they stay in that seat until it is outgrown.

The use of speed cameras, red-light cameras at intersections, and ignition interlocks for habitual drunk drivers have all helped to deter some of the bad driving behaviors that occur on American roadways but it still isn't enough.

"While we're looking for the next big breakthrough in vehicle safety, we should keep in mind that many existing strategies at the driver and passenger level still can yield gains," says Adrian Lund, Institute President.

Motorists can help themselves and help others by always practicing save driving behaviors every time you get in a vehicle.

Continue reading "Safe Behaviors, Among Other Things, Can Reduce Severity of Injuries Sustained in Asheville Car Accidents" »

September 20, 2011

Failure to Replace Street Signs Could Impose a Higher Risk for Car Accidents in Winston-Salem, Nationwide


Winston-Salem car accident attorneys are concerned about recent changes made by the U.S. Department of Transportation regarding traffic sign replacement on North Carolina roadways. As part of an economic recovery for local and state governments throughout the country, traffic signs will no longer need to be replaced by certain deadlines, but rather by wear and tear on each individual sign.

What does this mean? It means that motorists will be more at risk of car accidents in North Carolina, South Carolina and throughout the country if state and local governments shift monetary resources used for road maintenance, construction and roadway safety in general by taking away and refueling their budgets in other areas. This also means that victims involved in car accidents might start having other at-fault parties to blame for causing the accident due to defective roads, hard-to-see traffic signs or critical safety warnings that are not placed properly.
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Upon the advisement of the Obama Administration, the U.S Department of Transportation recently looked into areas where state budgets could be improved by cutting back on areas deemed overly exorbitant, pointless, excessively oppressive or out-of-date. Many state and local governments are operating in a deficit, so to cut or change burdensome regulations could not only save money on materials and other costly expenses, but also save money in labor costs which could add up to millions of dollars each year.

Up until now, communities have been required to replace traffic signs by a specific deadline, no matter what the condition of the sign is or how operable they are at the time of the deadline. One proposal to help cut spending is to no longer replace traffic signs automatically by the deadline but wait until they actually need to be replaced. In total, there are 46 deadlines authorized by regulations for traffic control and the proposed change would eliminate all of them.

In 1971, the Federal Highway Administration initiated the Manual on Uniform Traffic Control Devices (MUTCD) , which stipulates the 46 deadlines about to be removed. This manual federally regulates and sets national standards for road markings, traffic signals, street signs, and other traffic control devices.

The MUTCD manual is periodically updated with traffic control tools, traffic management procedures and safety technologies with the last revision being completed in 2009. FHWA recently submitted a notice to amend the document which will eliminate the traffic sign deadlines currently in place.

"Local and state transportation agencies are best-equipped to determine when they need to replace signs and other items in the course of their daily work," said FHWA Administrator Victor Mendez.

There are a series of deadlines that were due to be replaced by 2018 which include changing street name signs to larger lettering, changing the size of 'One Way' or 'Pass With Care' signs so that they are bigger and much more visible. These deadlines will no longer take effect.

Upgrade deadlines for traffic signs considered safety critical will still need to take place, according to the Department of Transportation. One of these deadlines includes placing 'One Way' signs at one-way streets or intersections of divided highways. Another deadline considered to be critical to public safety and will still need to be adhered to is placing 'Yield' or 'Stop' warning signs at railroad crossings that fail to provide flashing lights or automatic gates activated by an approaching train.

If you have a comment or concern regarding the recent changes and deadline omissions that you want heard by the FHWA, submit comments online at Federal Register.

Continue reading "Failure to Replace Street Signs Could Impose a Higher Risk for Car Accidents in Winston-Salem, Nationwide" »

September 18, 2011

Survey Says: Teen Drivers' Risky Behavior Creates Tendency for Involvement in Car Accidents in Winston-Salem


Our Statesville car accident attorneys know that teen drivers get a bad reputation because they often get distracted behind the wheel or don't have the experienced decision making skills that most adult drivers have.

In fact, Automotive Discovery reports that when respondents in a nationwide survey were asked if teens were good drivers, the vast majority rated them as poor or average drivers. Poor or average drivers, no matter what their age, can often find themselves involved in car accidents in Winston-Salem, Asheville, and elsewhere in North Carolina.
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Allstate Insurance released results from a recent poll indicating that 80 percent of drivers surveyed stated they felt teen drivers were risky behind the wheel. The poll also indicated that 60 percent of respondents were in support of stiffening graduated driver licensing programs statewide.

The nationwide poll was used as a measure for public reaction to the Safe Teen and Novice Driver Uniform Protection Act (STANDUP), which awaits a decision by Congress to tighten up teen driver licensing laws and place more restrictions on young drivers. We posted about the STANDUP Act last month on our North Carolina Car Accident Lawyers Blog, when we indicated that it was a provision of Mariah's Law -- named after a teen driver killed in Arkansas.

If passed, teens would be restricted on unsupervised nighttime hours driven, passengers in the vehicle, and using cell phones behind the wheel. In addition, age requirements would change from state to state on when a learner's permit can be obtained and when each phase of the learning-to-drive process can take place.

According to the survey, 76 percent of those polled are in favor of changing the minimum age to receive a learner's permit to age 16. Additionally, 69 percent support having a three-stage licensure process to be completed before a driving test can be taken to obtain a full license. Of those surveyed, more than 8 out of ten supported banning cell phones or texting while driving and 70 percent favored limiting teens of nighttime driving hours, especially if unsupervised by another adult driver. As you can imagine, more than 60 percent were in favor of not allowing non-family passengers in the car with drivers under age 18.

Bill Vainisi, deputy general counsel and senior vice president of Allstate commented that respondents' attitudes clearly indicate that GDL programs can help save lives based on the results of the survey.

Moreover, it is clear that Americans think extending the process for a young driver just learning to drive can help introduce teen drivers to safe driving behavior and gain more experience behind the wheel before they graduate to driving alone without the supervision of an adult.

"What's needed now is national leadership in the form of uniform standards for those GDL laws," says Vainisi.

Continue reading "Survey Says: Teen Drivers' Risky Behavior Creates Tendency for Involvement in Car Accidents in Winston-Salem" »

September 15, 2011

Dram Shop Law in North Carolina Places Liability for Drunk Driving Accidents on the Establishment Serving Alcohol to Patrons


Asheville car accident attorneys understand the old school meaning of dram shop in colonial times meant a shop where spirits were sold by the dram. In this case, dram is a small unit of liquid, spirits is a beverage containing alcohol, and shop is a bar, tavern, restaurant or any establishment that serves alcohol.

Back in 2007, WRAL reported that the North Carolina Supreme Court took on the responsibility to better define dram shop liability laws after a 1997 incident in Durham was settled in court in 2004 in which a restaurant was held financially liable by a jury for the death of a customer who left their establishment drunk and was later killed that same evening in a drunk driving accident in North Carolina.
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The law at that time was that bars or restaurants that served alcohol were only obligated to stop serving someone they knew was drunk. The case escalated a great debate over whether an establishment should be responsible for determining when someone has had too much to drink to the point of taking their keys away or making sure they have a cab ride home as opposed to a patron being responsible enough to stop drinking well before the time of getting behind the wheel to drive home.

Currently, North Carolina is one of 43 states that have a dram shop law of some degree in place, which holds an establishment serving alcohol liable if something happens as a result of serving alcohol to a patron on their premises. Any incident that involves personal injury, death, or property damage as a direct result of serving alcohol to a customer can lead to strict financial liability for the bar, restaurant, night club or alcohol-serving establishment.

In the news recently is the 2008 single car accident which killed the intoxicated driver and her two passengers after leaving a bar in Carolina Beach. The North Carolina Court of Appeals determined the incident fell under the North Carolina Dram Shop Act and held the establishment financially liable for the accident killing the three drunk driving victims.

The driver who was only 20-years-old had been permitted to drink at the bar prior to the crash. The plaintiff, a family member of one of the passengers killed, sued for wrongful death against the bar in which a settlement agreement was reached for damages and liability.

The appeal was based on the bar seeking compensatory damages against the deceased driver's estate arguing that they should be joint and several in the liability with the driver owning part negligence and liable for their own actions. Both the trial court and Court of Appeals rejected the argument made by the bar and found no legal grounds to seek contribution from the estate.

Drunk driving victims can suffer severe damages both in personal injury or property damage and should seek legal counsel immediately.

Continue reading "Dram Shop Law in North Carolina Places Liability for Drunk Driving Accidents on the Establishment Serving Alcohol to Patrons" »

September 12, 2011

Respondents of Nationwide Survey Rate Peers as Poor Drivers Who Cause Car Accidents in Charlotte, Elsewhere


Most Americans admit to practicing bad driving habits, which can lead to a high rate of car accidents in Charlotte or throughout North Carolina. However, most drivers self-rate themselves as much better drivers than their family members or friends.

Our Greensboro car accident lawyers find the results of a recent survey of driver attitudes quite interesting considering the number of victims who are killed or seriously injured in preventable car accidents every day. Drunk driving, distracted driving and speeding all remain to be leading causes of death on American roadways but the bad behavior continues even when drivers admittedly know they shouldn't be doing these things while operating a vehicle.
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A recent survey by Allstate was conducted over the phone to 1,000 adults residing in the United States over a four-day period in July. Respondents were asked several questions about their driving behavior compared to others. A total of 848 licensed drivers responded with the following results:

  • Almost 65 percent of drivers rate themselves as excellent or good drivers.
  • Self-rating was much higher compared to what drivers felt about their friends (29 percent considered good or excellent drivers) or peers (22 percent).
  • Out-of-staters were considered poor drivers and given a poor or average rating 53 percent of the time compared to 8 percent who thought visitors from other states were excellent or very good drivers.
  • 36 percent of male respondents rated themselves as excellent drivers compared to 26 percent of female drivers.
  • 70 percent of drivers gave elderly drivers a low rating.
  • Roughly 8 out of 10 respondents rated teen drivers as poor or average drivers.

Drivers with young children were given lower ratings by drivers without small children, indicating that 33 percent were thought to be poor or average with children in the car. Adult peers with small children self-rated themselves to be excellent drivers twice as much as they did when rating other parents driving with small children.

The following Respondents admitted to poor driving behaviors:

  • Almost 9 out of 10 drivers admit to driving faster than the speed limit; 4 out of 10 drivers admit to going more than 20 mph over the posted speed limit.
  • Men speed more than women at 48 percent compared to 30 percent respectively.
  • 45 percent have admitted to driving drowsy, almost to the point of falling asleep behind the wheel.
  • Over 3 out of 10 that responded said they have texted or emailed when driving a vehicle. The worst two age groups of those that responded to the survey were the 18-29 year olds (63 percent admittedly text and drive) and 30-44 year-olds (58 percent responded to this poor driving behavior)
  • The older the age the less likely they were to text while behind the wheel.
  • 70 percent of respondents said they have had a near-crash incident caused by being distracted while driving in which they have ran through a red light, swerved to avoid another car or slammed on the brakes to avoid hitting another vehicle.
  • 56 percent of drivers have been involved in an accident but almost 3 out of 10 admit the accident was their fault.
Interestingly, almost 65 percent of drivers surveyed admitted to adverse weather conditions like heavy rain or snow as being stressful to drive in while more than 50 percent said driving on congested roadways is stressful. Over 40 percent felt driving around large trucks made them nervous.

Drivers who exude confidence and practice safe driving behaviors can reduce the risk of a car accident but only if you obey traffic laws, eliminate distractions, drive sober and remain well rested every time you get in the driver's seat.

Continue reading "Respondents of Nationwide Survey Rate Peers as Poor Drivers Who Cause Car Accidents in Charlotte, Elsewhere" »

September 7, 2011

Labor Day Weekend Poses a Threat for Drunk Driving Accidents in Charlotte, Greensboro and Elsewhere


As we approach the final summer holiday weekend, our car accident attorneys in Greensboro, Winston-Salem and elsewhere want to remind motorists that it has been a good summer, but end on a positive note by being careful and driving safely this Labor Day weekend.

Law enforcement will be keeping an eye out all weekend for drunk drivers so be responsible to avoid a ticket or worse, a fatal drunk driving accident in Charlotte, Statesville or throughout North Carolina.
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My Fox 8 reports that law enforcement officers have been patrolling throughout North Carolina more heavily for most of August as part of the 'Booze It and Lose It' campaign. Dozens of motorists have been arrested by state troopers for driving under the influence in Randolph and Guilford Counties.

The consequences for a DWI arrest will soon become harsher starting December 1. A driver convicted of DWI with a young person in the vehicle will soon be punished for 30 days in jail or as much as 2 years in prison as laid out in Senate Bill 241. A separate bill, Laura's Law, will punish repeat offenders with fines up to $10,000 and one to three years in jail. In 2010, there were 500 drunk driving accidents in North Carolina, of which 20 caused deaths.

While officers will be setting up roadblocks, doing more patrols and seeking to cut down on drunk driving, but they can't do it alone. They need cooperation from the public. That means following drunk driving safety tips to ensure a safe weekend.

Holiday weekends always pose a serious threat to motorists sharing roadways due to more congested traffic and increased odds of drivers getting behind the wheel intoxicated after attending a holiday barbeque. The National Safety Council estimates that roughly 400 fatalities will take place this Labor Day weekend with another estimated 39,000 injuries related to traffic accidents. The Labor Day holiday weekend alone has averaged more than 14 percent of traffic fatalities over the last six years in comparison to any other non-holiday period.

NSC reminds motorists of these holiday weekend safety tips:

  • If weather conditions are poor, delay your travel plans or allow extra time for traveling.

  • Enforce a zero tolerance in your household, especially if you have a teen driver headed to a weekend gathering.

  • Keep all distracting electronic devices turned off in your vehicle all weekend.

  • If you intend to drink at a gathering make alternate plans for your return home either by staying over or arranging for a driver.

  • Maintain safety precautions by ensuring everyone is buckled before you leave.

  • Cut off any intake of alcoholic beverages several hours before getting in the car to drive home.

  • Be prepared by driving defensively to avoid an encounter with another vehicle.

  • Never give in to the impulse to speed, even if it means arriving late to the party.
  • Continue reading "Labor Day Weekend Poses a Threat for Drunk Driving Accidents in Charlotte, Greensboro and Elsewhere" »

    September 5, 2011

    Driving Sober on Holiday Weekends Can Reduce the Risk of Drunk Driving Accidents in North Carolina, Nationwide


    The government's message for this Labor Day weekend is simple -- drive sober or risk getting pulled over. The Drive Sober or Get Pulled Over campaign is recognized nationally in an effort to reduce drunk driving accidents in North Carolina and throughout the country.

    From August 19 to September 5, law enforcement agencies and police departments throughout the United States are adamantly looking for violators and will be issuing tickets to drivers under the influence.
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    The National Highway Traffic Safety Administration (NHTSA) reports almost 11,000 deaths are caused by drunk drivers annually. To put that into perspective, deaths from drunk driving each year are equivalent to 21 jumbo jets crashing and claiming the lives of their passengers. There are roughly 29 fatalities and 1,440 injuries related to a drunk driving accident each and every day in the United States.

    The hours between midnight and 3 a.m. are extremely dangerous and, on average, take the life of a victim from a drunk driving accident every 23 minutes. The average cost of drunk driving for each adult nationwide is $500 a year. The odds of being involved in a drunk driving accident during your lifetime is 1 in 3 or roughly a 33 percent chance.

    The NHTSA is encouraging the public to get involved. The more the message about the dangers of driving under the influence is received the safer roadways will become over holiday weekends and every day of the year. You can get involved by:


    • Printing Drive Sober posters and posting them in businesses, schools, stores or anywhere the public will see them.

    • Download a sobering or graphic image to your desktop or wallpaper of your computer for everyone in your office to see.

    • Place a driver sober message on a social media device such as Facebook so that everyone who visits your page knows how you feel about drinking and driving.

    • Forward YouTube videos and TV spots to your friends and family via email so that they can see the dangers of driving under the influence.

    • Initiate conversations or send friendly reminders to friends and family that the police are out in full force and ready to nab anyone driving while intoxicated.

    • Make a personal commitment to not drink and drive by signing up to Take the Pledge online and encouraging others to follow in your footsteps.


    Some high school seniors in North Carolina have been rewarded with a $2,500 scholarship to be applied toward college for their efforts to create awareness about drunk driving and how dangerous it can be.

    Through initiative and leadership, these teens have spread the message to their peers and have set a good example to all motorists that driving while drunk is dangerous and should not be tolerated.

    Continue reading "Driving Sober on Holiday Weekends Can Reduce the Risk of Drunk Driving Accidents in North Carolina, Nationwide" »

    September 2, 2011

    Driver Fatigue a Danger on North Carolina Roadways Causing Drowsy Driving Car Accidents in Gastonia, Elsewhere


    We often post about the dangers of distracted driving and drunk driving accidents on our North Carolina Car Accident Lawyers Blog, but let's not forget for a moment that driving drowsy can be just as dangerous.

    A high number of car accidents in Hickory, Statesville and elsewhere can be attributed to driver fatigue. Falling asleep, even if only for a second can lead to serious injury in the aftermath of a drowsy driving accident.
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    Gastonia car accident attorneys can relate knowing that most Americans don't get the recommended amount of sleep each night and some don't get enough sleep to function properly, which puts them at high risk of nodding off in the car while they head home from work or run errands each day.

    The Centers for Disease Control and Prevention completed a recent study which indicated that almost 5 percent of drivers admitted to dozing off while driving in the previous 30 days. The age group that admitted most to this behavior was 25 to 34 (7.2 percent) and elderly drivers ages 65 and over were least likely to fall asleep behind the wheel with only a 2 percent positive response.

    A 2005 study by the National Sleep Foundation produced more startling results. According to the NSF study, more than 30 percent of drivers had fallen asleep behind the wheel and approximately 60 percent admitted to driving while they felt drowsy in the past year. Roughly 11 million drivers have been in an accident or near accident due to driver fatigue.

    The National Highway Traffic Safety Administration reports that more than 100,000 car accidents are related to driver fatigue each year. It is estimated that the cost of driver fatigue accidents is $12.5 million annually and roughly 1,550 lives are lost and another 71,000 people are injured in these types of accidents.

    Much of the problem is attributed to the fact that there is no measure for drowsiness behind the wheel when an officer pulls you over. Unlike the breathalyzer test given to drunk drivers, there is no measure to test how fatigued a driver is behind the wheel. There is also inconsistency statewide for keeping track of drowsy driving-related accidents or violations by state law enforcement in which fatigue is a contributing factor. Sure, drivers can self-report but that isn't a reliable system.

    The NSF found the age group most at risk of driving drowsy to be 18-29 year-olds and predominantly male drivers. Shift workers and parents with small children in the home are also more at risk of a drowsy driving accident. Anything less than 8 hours of sleep a night can lead to a greater risk of drowsy driving accidents.

    Researchers tend to compare drowsy driving to drunk or distracted driving because driver fatigue minimizes reaction time and alertness while operating a vehicle. Not only can eyes be taken off the road and a driver's mind be taken away from driving, drivers tend to lose control of motor skills while they nod off.

    The biggest mistake a driver can make is to try to fight through the drowsiness rather than just pull over and rest or take a break from driving. No amount of caffeine, cold air, or loud music can change the fact that a driver didn't get enough sleep and is fatigued. If you feel drowsy when you drive, pull off to a rest area or stop to get a bite to eat so that you can walk and stretch and shake the feeling of fatigue during a long trip.

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