December 21, 2013

Drowsy Driving A Greater Danger Amid Holiday Travel Season


The mangled mess of metal hauled away from the highway near Belmont late last month was a visible reminder of what can happen when drivers fail to get enough sleep. drivingatnight.jpg

Authorities say the 19-year-old driver, with four passengers in his vehicle, fell asleep while driving home from an early morning Black Friday shopping trip. He was killed and his four passengers each hospitalized after he ran off the road and struck a gas station sign. He was traveling 50 miles-per-hour and there was no indication that he had attempted to brake. The vehicle was totaled.

A new study suggests that more Charlotte car accident injuries and deaths are caused by driver fatigue than we perhaps ever realized.

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December 17, 2013

Contributory Negligence in Car Accident Injury Claims


When it comes to liability in Spartanburg car accident injury cases, blame is not always clear-cut.
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There are times when a driver who suffered severe injuries may be partially at-fault. This is referred to as contributory negligence or comparative negligence.

Contributory negligence does not mean that the driver can't seek compensation for damages. It does mean that the amount of compensation you might be able to collect could be somewhat reduced. The extent to which that is the case is best weighed by an experienced injury attorney. Doing this before speaking to an insurance adjuster may help you to maximize the size of your claim.

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December 16, 2013

Car Defects a Hidden Threat in Carolina Traffic Collisions


It's enough to worry that the other motorists with whom you share the road may not be as cautious a driver as you.
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It's another thing to be concerned that if you happen to cross paths with one of those other drivers, the vehicle in which you're traveling won't keep you safe. Motor vehicle consumers have some very basic expectations for the safety standards of their cars. When those are not met - as is too often tragically revealed in the course a North Carolina injury lawsuit - a defective-vehicle tort claim may offer the best recourse.

Such was the case in Ford Motor Co. v. Washington, which was an appeal from by the automaker to the state supreme court in Arkansas, where a plaintiff had previously won a $7.1 million judgment against the automaker as the result of a defective vehicle claim.

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December 13, 2013

Martin v. Lawrence: Preparing for an Injury Trial


Attorneys representing injured parties must carefully calculate the impact of certain evidence (or absence of certain evidence) in the outcome of a trial.
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When they fail in this regard, it is the injured parties who suffer. Such appears to be the case in Martin v. Lawrence, as the state supreme court in Maryland denied the plaintiff's motion for a new trial after a jury sided with the defendant in a wrongful death claim.

Central to the request for a new trial was the trial judge's decision to bar a certain document from evidence. However, the supreme court later determined that the court's decision wasn't improper, and the plaintiff's attorneys had been given enough time to come up with an alternative way to present the evidence the document contained.

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December 11, 2013

Lunsford v. Mills: Fighting for Insurance Coverage


The North Carolina Court of Appeals recently sided with the plaintiff in a motor vehicle injury claim, after the plaintiff's insurance company had attempted to withhold under-insured motorist coverage following a series of crashes that left the plaintiff severely injured.
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In Lunsford v. Mills, the appellate court determined that there is no reason why the rights and obligations of the insurer should differ in cases where the plaintiff is suing multiple parties, some of whom may be fully insured.

Specifically, the plaintiff should not be "kept hanging in limbo as they are forced to sue any and all persons before they could recover (under-insured motorist coverage) benefits, just because other potential (defendants) also happen to be covered under automobile policies," the court ruled.

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December 8, 2013

Child-Related Driving Distractions More Dangerous Than Cell Phones: Report


The issue of distracted driving has received a great deal of attention in recent years - and for good reason. cartoys3.jpg

Drivers enveloped in sending and receiving text messages, phone calls, e-mails and social media status updates are a major liability, not only to themselves but others who share the road with them.

But a type of distraction that is perhaps less discussed is that involving children. According to Australian researchers AAA, children are 12 times more dangerous as a distraction than drivers talking on their cell phones.

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December 4, 2013

Slow Down to Avoid Fatal Carolina Traffic Accidents


Speed is a top factor in many fatal car accidents, and it seems to be a factor in Police Officer Robert Bingaman's accident. According to the Citizen-Times, the officer was traveling at about 70 miles per hour, in a 50 miles per hour zone, when his cruiser slammed into a guardrail and was sent flying over the side of the Jeff Bowen Bridge. Reports also indicate that he was not wearing his seat belt when the accident happened.
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The 37-year-old officer was killed in that late October accident after his vehicle dropped off the bridge at least 50 feet, slammed into an embankment and came to a rest against a column of the bridge near French Broad River.

Our Asheville car accident lawyers understand that a North Carolina Highway Patrol investigation indicates that the officer was headed west on 240 when he swerved to miss traffic. That's when his cruiser slammed into the guardrail. The officer was a six-year veteran of the force and former Marine. He was also the first Asheville officer killed in the line of duty in 41 years.

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December 2, 2013

South Carolina Struggles to Stop Drivers from Text Messaging


Believe it or not, South Carolina is one of the very last states in the U.S. to pass some kind of distracted driving law. We're talking cell phones in the driver's seat here. It's a serious distraction that's taking a lot of lives each and every year. Officers will yell you that it's injuring and killing more people annually than drunk driving, according to WMBF News.
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Regardless, drivers in the state are free to talk on phones and text message as they please, behind the wheel, while putting everyone on our roadways at danger. So why does South Carolina love being last?

Our Anderson car accident lawyers understand that text messaging in the driver's seat may be one of the most dangerous things you can do out there. On average, a driver takes their eyes off the road for 4 seconds for each text message. When you're traveling at highway speeds, that means you can travel the entire length of a football field without ever setting eyes on the road. Consider that about half of all drivers do that each and every day, time and time and time again. Scary, right?

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November 30, 2013

3 Killed in North Carolina Crash Blamed on Alcohol


According to a Fox Carolina New report, three people died in a car accident after a pickup truck driver sped away from a licensing checkpoint.
Police suspect the driver had been drinking alcohol.

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The car accident attorneys of Anderson know that drunk driving is a serious problem and many individuals die every year as the result of fatal drunk driving accidents.

According to the report, a 23 year old driver was operating his pickup truck and refused to stop for a checkpoint. Officers at the scene claim that the driver veered off the road, lost control, and struck a tree. His truck immediately burst into flames.

Authorities report that the driver, a 20 year old male, and a 16 year old male were killed in the accident. Reportedly, two 17 year old females survived the wreck but are in critical condition.

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November 28, 2013

Uninsured Motorists an Unfortunate Risk in Carolinas


According to a CNN Money Report, a large percentage of motorists are uninsured.

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Our Spartanburg car accident attorneys know, when motorists are involved in collisions with uninsured drivers, the situation only becomes more complicated.

According to research, one in seven drivers is uninsured. In addition, one in five motorists are only covered by the minimum liability required.

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November 26, 2013

Road Rage caused by Heavy Traffic and Aggressive Driving


There are many causes of road rage including traffic congestion. According to an Examiner.com article, road rage can be caused by traffic congestion.

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Our Asheville car accident attorneys are aware that road rage has many causes and sometimes may lead to violence. Our attorneys would like to spread awareness of the causes of road rage and encourage individuals to keep their cool.

Road rage is an issue throughout the country. We have all witnessed instances of road rage: often an individual may scream at you from inside their car, flip you "the bird", or worse.

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November 23, 2013

Fatalities from Pickup Truck Crash in North Carolina


A news report onfoxcarolina.com reported that a second teenager died as a result of a recent traffic accident.

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Reportedly, two 17-year-olds were riding in the bed of a pickup truck when it crashed. One teen was pronounced dead at the scene while another died later. The pickup truck was driven by a third teenager.

The truck struck two trees and both victims were thrown from the bed of the pickup. The driver and one other passenger did not sustain serious injuries. Our car accident attorneys in Asheville know that riding in the bed of a pickup truck is a dangerous activity and can make already dangerous accidents deadly.

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November 21, 2013

Graduated Driver Licensing Programs Improve Teen Driver Safety


According to statistics from the Centers for Disease Control and Prevention, seven drivers between the ages of 16 and 19 die every day from car accident injuries.

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Our Asheville car accident attorneys know that inexperienced drivers are at a higher risk of car accidents and are concerned about their safety.

The Centers for Disease Control and Prevention state that teen drivers are three times more likely to be involved in a fatal crash than drivers over the age of 20.

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November 17, 2013

High Visibility Enforcement for Pedestrian Laws in Carolinas


According to a recent South Carolina news report, a 36-year-old man was fatally struck by a vehicle along the roadway.

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Our Spartanburg car accident attorneys know how dangerous walking along the roadway can be and are dedicated to helping pedestrians travel safely.

A study by theUnited States Department of Transportation revealed that there were 4,280 pedestrian fatalities and more than 70,000 injuries in the United States in 2010.

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November 14, 2013

Defensive Driving is the key to Safe Driving in North Carolina


According to a Fox Carolina, news report an Asheville police officer died after his car plunged over a bridge.

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Our Asheville car accident attorneys know that every road has special hazards that must be avoided to drive safely. If individuals ignore these dangers they may be liable for hurting an innocent pedestrian or driver.

Hazards on the roadway are everywhere and can include weather conditions, parked car doors opening, other vehicles merging or suddenly stopping in front of you, and children chasing a ball or running into the middle of the street.

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