January 29, 2014

Charlotte Truck Crash Prevention Starts With Freight Companies


In recognizing the enormous potential for damages and injuries resulting from tractor-trailer crashes, it becomes imperative that trucking companies not only ensure their drivers are roadworthy, but that the vehicles they operate are safe as well.
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There are a wide variety of firms that own and/or operate large trucks, but they are all governed by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration.

With regard to FMCSA Rule 396.3, every motor carrier and intermodal equipment provider is required to systematically inspect, repair and maintain all vehicles subject to its control. All accessories and parts have to be in safe and proper operating condition, including but not limited to:


  • Frame and frame assemblies;

  • Suspension systems;

  • Axles and attaching parts;

  • Rims and wheels;

  • Steering systems.

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January 27, 2014

Third-Party Liability in South Carolina DUI Cases


In most cases, Spartanburg DUI victims can seek recourse for their injuries by suing the driver who was drunk and caused the crash.
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However, there are some scenarios in which it may be appropriate to also pursue a third-party liability action for damages. Such claims can be brought against individuals, companies and even businesses. These lawsuits would be appropriate when these third parties knew the person was intoxicated (maybe even encouraged the intoxication) and allowed or encouraged the person to drive anyway.

Recently, headlines were made when two 17-year-old boys were arrested on misdemeanor criminal charges for failing to stop their young friend from driving drunk, an act that resulted in her own death. News reports indicate the crash occurred less than a mile from where the driver had dropped the boys off at their home. Toxicologists later determined the driver's blood-alcohol level was 13 times the allowable limit for someone under the age of 21.

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January 25, 2014

Young v. Jefferson County: Negligence By Government Drivers


Accidents involving government drivers - from law enforcement officers to garbage collectors - can be challenging for Asheville car accident attorneys in terms of establishing liability.
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The fact is, government workers can be at-fault in an accident. But municipalities and government entities frequently claim state immunity as a way to shield themselves from litigation.

This is not an absolute protection, however, and you won't know how strong your case is until you speak with an experienced injury lawyer.

A recent case reviewed by the Colorado Supreme Court revealed how these situations can sometimes present an uphill battle for someone who has been injured. In Young v. Jefferson County, the two injured people were minors. They were in the custody of the county's youth services, which handles children and teens who are deemed delinquent.

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January 23, 2014

Unsafe Trucks in Asheville Are Potential Hazard


Federal legislation in recent years has given a great deal of focus to the safety of tractor-trailer trucks and their drivers. trucking.jpg

The Federal Motor Carrier Safety Administration has paid particular attention to issues of commercial driver fatigue and overloaded vehicles, establishing more stringent guidelines for driver hours-of-service and restricting weight limits on large trucks.

But all of these efforts will mean little if companies that own these trucks don't make sure they are in good working condition. Trucks that aren't routinely inspected and meticulously maintained are at high of tractor-trailer accidents.

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January 20, 2014

Jurisdictional Issues in Greensboro Car Accident Injury Claims


In almost all car accident injury claims in Greensboro, if the crash occurs locally, that is where the case will be tried. crash1.jpg

However, there are a few exceptions. The case of Dogra v. Liles, reviewed recently by the supreme court in Nevada, is a good example. Although it's out-of-state, similar jurisdictional issues have been presented in North Carolina courts as well.

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January 17, 2014

Insurance Company May Fight Underinsured Motorist Claims in North Carolina


For as much as car insurance firms extol their corporate virtues of being "on your side" or keeping in "in good hands," when it comes to paying out underinsured motorist claims in Charlotte, chances are, you're in for a fight.
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This is true even when the facts of the case appear to show a fairly straightforward account of events, all pointing to significant plaintiff injury and liability on the part of the insurance company's client.

A great recent example of this is Rawls v. Progressive N. Ins. Co., reviewed early this month by the Connecticut Supreme Court.

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January 14, 2014

AAA Officials Study Driver Distractions and Accident Risks


Most of us drive every single day of our lives. For many, it has become a task that we hardly put any thought into -- especially into the dangers that are involved with every turn we make. On the flip side, car insurance companies are aware of every little risk and they're adjusting their policies accordingly, according to MSN.
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In addition to outdoor distractions, there are also very dangerous hazards in your own car, according to a recent study from the AAA Foundation for Traffic Safety.

Our car accident lawyers in Charlotte know driver distractions are some of the most common forms of dangers that a driver faces each and every day. AAA officials looked at various forms of "cognitive distractions" that cause drivers' eyes to wander. They looked at these distractions and ranked them on a safety scale. One of the most alarming findings in this research is that in-car technologies that are actually designed to make driving safer fail to do so.

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January 9, 2014

Black Ice a Traffic Risk Amid Record Cold Temps


Temps are dropping throughout the state and beyond uncomfortable lows we've got some serious, and deadly, risks were facing. We're talking about black ice.
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Black ice is the name given to patches of ice that form on roadways that are essentially invisible to drivers. Once a car hits a patch of black ice, the chances of a driver losing control of a vehicle and crashing increase dramatically.

Our car accident lawyers in Asheville understand that loss of control on 'black ice' can occur even at slow speeds. 'Black ice' is so named because it appears dark, just like wet pavement. It is important to remember that 'black ice' will only appear 'black' on darker pavement surfaces such as asphalt. 'Black ice' on concrete pavement can appear gray or tan, for instance (the same color as the pavement surface).

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January 7, 2014

SC Mother Charged with DUI After Children Killed in Crash


In another tragic DUI case, a 32-year-old mother has been charged after her 2 young children were killed in a drunk driving accident. According to the South Carolina Highway Patrol, the accident occurred on New Year's Day at 2:15 in the morning. The driver is facing 2 counts of felony DUI and driving with a suspended license. This tragedy sheds light on the dangers of DUI and the innocent victims that suffer the consequences.

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Drunk-driving accidents continue to plague Carolina and national highways. According to the National Highway Traffic Safety Administration, drunk driving rates are up 12% from previous years. This means that despite efforts to warn of the dangers of drunk driving, many drivers will continue to get behind the wheel even when they are incapacitated. Our Asheville car accident attorneys are dedicated to achieving justice for victims and helping DUI survivors, victims, and their loved ones recover compensation. In addition to helping those who have already been impacted by a DUI crash, our lawyers are committed to raising awareness to prevent future drunk driving accidents.

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January 3, 2014

Motor Vehicle Accidents on the Rise in NC


According to a recent News Observer report, traffic fatalities are on the rise in North Carolina. Some analysts are attributing the rise to an improving economy since the number of accidents dipped after the 2008 mortgage market collapse. The National Highway Traffic Safety Administration released a report that the number of traffic accidents rose 5.5% in 2012 to 1,292. While the cause of accidents were varied, some have attributed the overall increase to more drivers on the road and an improving economy.

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The fatality rates in North Carolina are similar to a national trend which shows 6 years of reduced fatality rates with a 3.3% increase in traffic deaths. There were 33,561 traffic accident fatalities nationwide last year. Our Greensboro car accident attorneys are experienced with protecting the rights of accident victims and pursuing damages for personal injury and property damage. In addition to representing accident victims, we are abreast of current accident data in North Carolina and nationwide. Raising awareness and calling attention to safe driving in local neighborhoods, Carolina cities, or on the highways can help prevent future accidents and injury.

According to researchers, accident rates tend to rise and fall with the economy. Generally, during a time of recession, there is a decline in the number of accidents. Less drivers going to work, participating in businesses, and less funds for travel means fewer cars on the road and fewer accidents. Usually, the fewer miles drivers spend on the road for business or pleasure, the lower the exposure for accidents.

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January 1, 2014

New Study: Teens Start Safe, But Distractions Come Quickly


It is widely established and known that distractions are dangerous to drivers, passengers and other motorists on the road. Teen drivers are especially at risk of driving and texting because they are inexperienced and also face other distractions that do not impact adult drivers. According to an NPR report on a recent study published in The New England Journal of Medicine, teen drivers often start off as careful drivers but start to "multi-task" within months of getting behind the wheel. "Multi-tasking" may include eating, texting, or talking on a cell phone.

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Drivers in North and South Carolina should avoid distracted driving, but also be aware that teen drivers could pose a significant risk on the road. Our Asheville car accidents attorneys are experienced in helping car accident victims recover compensation after an injury or wrongful death. In addition to protecting the rights of victims and survivors, we are also committed to raising awareness about driver safety to prevent future accidents and injuries.

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December 27, 2013

Risk of Charlotte DUI Injury Increases During Holidays


Chances are that at some point, you have witnessed someone who has attempted to get behind the wheel after drinking too much. champagne2.jpg

A recent survey conducted by Mothers Against Drunk Driving reveals that nearly 75 percent of all adults over the age of 21 have been to an event at which someone tried to drive home after drinking too much alcohol.

In a flash, what is supposed to be the most wonderful time of the year becomes instantly the most tragic.

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December 26, 2013

Affluent Teen Who Caused Fatal Car Accident Sued by Families


A 16-year-old who drove drunk and killed four people and injured two others presented an interesting case to the judge, with a defense psychologist testifying in juvenile court that the boy's actions were the result of a bad case of "affluenza." luxury.jpg

That is, the youth was very wealthy and growing up, his parents failed to hold him accountable for any of his actions. His permissive parents did not show him socially appropriate consequences for socially inappropriate conduct.

Our North Carolina injury lawyers have to give the defense in this case points for creativity. However, few believed it would actually work. Then, to the outrage of the victims' families, the juvenile judge slashed what could have been a 20 year prison term into 10 years of probation, portions of which will include time in a long-term treatment facility. The $450,000 bill for that "country club-style" facility, which offers organic food choices and equine therapy, will be paid for by the teen's father.

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December 24, 2013

Wrong-Way Crash Victims Sue Driver, Car Owner


The families of two young women who were killed, reportedly by a wrong-way driver who had previously described herself as the "pothead princess," are filing wrongful death lawsuits.
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The car accident lawsuit alleges negligence on behalf of the driver, as well as the owner of the vehicle. Authorities say the 20-year-old wrong-way driver entered the Florida expressway and struck another vehicle traveling in the correct direction. The two occupants of the other vehicle - two 21-year-old women - were killed. The 20-year-old was seriously injured, as was her passenger.

While toxicology results are still pending, the media has reported that only a handful of hours prior to the crash, the 20-year-old wrong-way driver had posted to a social media account the status,"2 Drunk 2 Care." A catalog of her prior social media postings show numerous postings of marijuana and references to drug use and alcohol.

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December 23, 2013

Suing the State for Car Accident Involving Government Worker


In a recent case out of West Virginia, a city settled with a woman who suffered severe injuries as a result of a car accident involving a city employee.
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According to news reports, the woman was driving her vehicle along the interstate when a city worker in a pickup truck changed lanes, causing an unsecured mat and bucket in the back of the vehicle to fly out of the bed of the truck.This subsequently caused the woman to crash into a concrete median. She suffered a head injury that continues to cause her headaches and internal injuries that have resulted in chronic cervical pain.

The woman claimed the city employee had a duty to safely operate the vehicle and failed in that duty.

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