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April 2, 2012

Carolina Accident Lawyers Celebrate National Distracted Driving Awareness Month 2012


April's an exciting month, especially for safe driving advocates nationwide! It's National Distracted Driving Awareness Month!

Every April, the National Safety Council takes the entire month to help raise awareness about the very real dangers associated with distracted driving and the risks for car accidents in Rock Hill and elsewhere.
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During this entire month, the National Safety Council and our South Carolina injury attorneys are urging drivers to take the pledge to drive cell phone free.

Distracted driving is such a hot topic because every year thousands are killed in these kinds of completely preventable traffic accidents. As a matter of fact, there were roughly 3,000 people who were killed in distraction-related car accidents in the United States in 2010. Experts believe that one out of every four traffic accidents involves a cell phone-using driver. These are all accidents that didn't have to happen, accidents that were completely preventable, lives that we didn't have to lose.

The truth of the matter is that regardless of how long you've been behind the wheel, you're just not skilled enough to juggle the two tasks, using a cell phone and safely driving. It's true. The brain just isn't equipped to do both safely. There have been a number of studies conducted on the topic. Most recent studies have concluded that using a cell phone while operating a motor vehicle reduces the amount of brain activity that is associated with driving by more than 35 percent. Cell phone-using drivers aren't able to react to roadway dangers as well as those who are focused.

"We hope people will take the pledge this April to help prevent needless tragedies and keep our roadways safer," said Janet Froetscher of the National Safety Council.

Take The Pledge!

-Pledge to put away the cell phone and text messaging devices while driving.

-Speak up! If the driver of the vehicle you're in is engaging in distractions, talk to them. Urge them to keep their eyes on the road, their hands on the wheel and their mind on the task of driving.

-Spread the message. Talk with friends and family members about the risks associated with distracted driving. Bring up the risks and fatal consequences that are associated with distracted driving. Urge everyone to take the pledge along with you.

Talking on a cell phone behind the wheel gives a driver the same reaction time as a driver who is legally drunk. Texting is even worse. When a driver texts as they drive their risks for an accident shoot up by more than 25 percent. The solution is simple. Curb distractions while driving. Continue on with the phone calls and the text messages once you've safely stopped the car. No text and no call is worth a life. Join us in celebrating National Distracted Driving Awareness Month!

Continue reading "Carolina Accident Lawyers Celebrate National Distracted Driving Awareness Month 2012" »

March 15, 2012

Will New Ordinance Help Minimize Car Accidents in North Carolina?


Chapel Hill Town Council is still working toward banning drivers from using cell phones while driving. Recently, the council voted 7-2 to schedule possible action this month. According to The Carrboro Citizen, council members Gene Pease and Matt Czajkowski cast the dissenting votes, saying that this kind of ban would be tough to enforce. In the state of North Carolina, the only drivers who are prohibited from using hand-held cell phones while driving are those who drive school buses and those under the age of 18, according to the Governors Highway Safety Association (GHSA). A full ban on cell phone use for all drivers would help to reduce the risks of distraction-related car accidents in North Carolina, as long as drivers obeyed the law.
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Originally, the ordinance was created by Ralph Karpinos, the town's attorney. It would stop drivers from using cell phones or any of its technology such as music players, cameras and GPS applications while driving. Each violation would land a driver with a $25 fine. Under his draft of the ordinance, it was to be a secondary offense, meaning that an officer could cite a driver for this infraction only if the traffic stop was made for another illegal issue, such as speeding or running a red light.

Our North Carolina car accident attorneys understand that not all drivers would be banned under the proposed ordinance. Drivers who use a cell phone to communicate with emergency responders in the event of an emergency would be exempt. Drivers talking with parents, legal guardians, children or spouses would be exempt, too. Now how would you go about enforcing that? It's tough enough as it is trying to determine if a driver is composing a text message or dialing a phone number to call. Now we're going to expect officials to determine who a driver is talking to?

According to Karpinos, these exceptions were included to give the ordinance a better chance of being upheld if it were to be challenged. He also says that this ordinance could be pre-empted by state law.

"Attention needs to be on the road, not a telephone call or text message," said a resident of Asheville who knows firsthand the consequences of distracted driving. Her brother was killed in a distraction-related accident.

Council member Jim Ward said that although this kind of rule should ultimately be a national or state responsibility, there's no reason that Chapel Hill and other cities shouldn't take control and help to ease the dangers on our roadways. Ward supports even higher fines. He suggests a $100 fine for violators instead of the $25 fine written in the current proposal.

Council member Lee Storrow isn't supporting the phone a family member exemption though. He said it's no less dangerous to be talking to someone you know. If the activity is going to be banned for some, it needs to be banned for all.

Continue reading "Will New Ordinance Help Minimize Car Accidents in North Carolina?" »

December 25, 2011

Nationwide Cell Phone Ban Could Reduce Distracted Driving Accidents in Greensboro, Statewide


According to a recent article posted on CNN.com, drivers throughout the country may be facing a nationwide ban on cell phone use while operating a vehicle following a recommendation made by the National Transportation Safety Board (NTSB) at a recent board meeting.

NTSB investigators spent countless hours determining that the 40 people affected by a multi-vehicle crash in 2010 could have been unharmed if a cell phone did not cause the driver to become distracted before the horrendous accident. The NTSB has slowly but successfully worked towards eliminating electronic devices through recommendations to implement state laws in order to reduce car accidents caused by distraction in Greensboro and throughout the country.

To date, the board has recommended a ban on cell phone use for school bus drivers, novice drivers, and commercial truck drivers, which has led to several states passing laws targeting one or all of these groups.
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According to the Governors Highway Safety Association, there are a patchwork of laws directed towards eliminating the use of electronic devices which vary from state to state. Some states ban cell phone use completely while others allow talking but not texting. Some states categorize bans on cell phone use by age or occupation while others lay no groundwork for laws banning the unsafe behavior at all.

Car accident attorneys in Asheville, Winston-Salem, Charlotte or elsewhere understand that keeping up with current events has become vital in knowing what law pertains to which driver in each state. It has even become more difficult for law enforcement officials to enforce texting or talking bans in each state because it is nearly impossible to determine whether a driver is texting or dialing a phone number while they drive.

One thing is certain. Accidents caused by distractions are much more frequent today than they were 10 years ago and it isn't a stretch to link electronic devices to the cause of these distractions. The National Highway Traffic Safety Administration estimates that at minimum, almost 3,100 deaths occurred in 2010 that were related to distractions or cell phone use. Additionally, recent driver behavior studies have shown that 1 in every 100 drivers are emailing, texting or surfing the web at any given moment while operating a vehicle.

BlueRidgeNow.com reports that it is time for North Carolina lawmakers to see the big picture about the dangers of cell phone use and follow the recommendation to ban all electronic devices used by all automobile operators. Following a car accident, investigators are now asking for a driver's texting and cell phone records because they are finding that many accidents are being caused by this form of distraction. Drivers are continuing to multi-task behind the wheel because they don't get how unsafe the behavior is. It is up to the local, state and federal government to inflict consequences so severe that it will curb the unsafe behavior completely and save lives daily.

The National Safety Council's president and CEO recently commended the NTSB for recommending all cell phones be banned behind the wheel unless it is an absolute emergency. She states the national call for action must be addressed by legislators, employers and all drivers if we want to stop this public health threat from occurring daily on our nation's roadways.

North Carolina motorists need to consider for a moment that talking or using a cell phone while you drive is not a necessity but rather a convenience. No phone call or text message should take precedent over causing a crash or taking the life of another so put the phone down to avoid a distracted driving accident this holiday season and beyond.

Continue reading "Nationwide Cell Phone Ban Could Reduce Distracted Driving Accidents in Greensboro, Statewide" »

November 23, 2011

Personal Stories of Distracted Driving in Asheville Car Accident and Elsewhere Revealed in PSA Message


A little more than a year ago, a female teenage driver was killed in an Asheville distracted-driving accident because she was texting while driving. Her father now speaks out to teens about the dangers of texting and driving, and is one of the featured clips in the updated "Faces of Distracted Driving" series being promoted by the government.
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Our Charlotte accident lawyers applaud the campaign's intent of getting the message out about the dangers of distracted driving and the consequences that come with this driving habit. Viewing personal and tragic stories like those in Faces of Distracted Driving pull on the heart strings, and may just the thing to make drivers think twice about risking an accident because of driver inattention.

The U.S. Department of Transportation recently released a new public service announcement (PSA) which is updating new faces and stories to the "Faces of Distracted Driving" series. The campaign has been viewed online more than 100,000 times since it began in November 2010. The PSA is a 30-second clip called "Get the Message," which features loved ones who have lost someone from a distracted-driving accident somewhere in the U.S.

Some of the featured tragic stories that can be found at Faces of Distracted Driving include:

-A 19-year-old was struck and killed on his bicycle by a distracted truck driver traveling at 60 mph.

-A 21-year-old male was riding with a co-worker who became distracted and failed to yield at a stop sign. The male passenger was killed within 24 hours of a tractor-trailer hitting the vehicle that failed to yield in the middle of oncoming traffic.

-A 21-year-old female pedestrian was killed by a distracted driver while she was crossing the street.

-A 17-year-old high school student was riding to school in her pickup truck when she crashed on a rural roadway because she was texting.

-Two teen drivers crashed in the middle of an intersection when one of the drivers was distracted by her cell phone while running a red light at 50 mph. The teen victim in the other vehicle died within 24 hours of the crash.

-A 58 year-old hiker was struck from behind and killed instantly by a vehicle traveling at 70 mph. The driver was texting at the time of the accident.

Unfortunately, these and many other tragic stories occur each and every day on roadways throughout the United States. If you have or someone you know has a story to tell or a message to voice, the U.S. Department of Transportation encourages families to post a message or video on YouTube and email the link to faces@distraction.gov.

No one wants to mourn the loss of someone killed in a distracted-driving accident in North Carolina or elsewhere. Make a commitment to drive distraction-free.

Continue reading "Personal Stories of Distracted Driving in Asheville Car Accident and Elsewhere Revealed in PSA Message" »

October 17, 2011

Autumn Distractions Cause Risk for Car Accidents in Statesville, Statewide


If you are a motorist who enjoys looking at beautifully colored leaves this time of year, you may want to think twice before you take your next autumn excursion. Enjoying the scenery by looking at trees during the fall is a form of distraction that can cause a serious car accident in Statesville, Hickory or elsewhere in the state.
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GoBlueRidge.net reported three separate accidents over the weekend that authorities say were caused by leaf-lookers.

The first multiple-car crash happened Saturday afternoon near Flintlock Campground on NC Highway 105 when an idle vehicle was waiting for traffic to clear to make a turn and was rammed from behind. A third vehicle failed to stop and collided into a second vehicle. A few hours later, an identical type of crash involving three vehicles occurred near Mountain Lumber on NC 105. A domino effect caused all three vehicles to be involved in rear-end collisions. No one was seriously injured in either crash. A third crash involving two vehicles occurred Sunday afternoon, also on NC 105.

Gastonia car accident lawyers know that fall colors and the beauty that nature has to offer this time of year can be relaxing, but don't get so caught up in the distraction that you forget to focus on driving. Distracted driving accidents can be deadly and occur far too frequently on North Carolina roadways.

Another fall hazard that motorists should be on the lookout for that we posted about recently on our North Carolina Car Accident Lawyers Blog is the increased chances of hitting a deer in your path.

Two teens were recently killed in an accident caused by a young driver trying to avoid contact with a deer. MSNBC reports the driver tried to swerve to miss a deer and lost control of the vehicle. The Jeep the boys were riding in overturned, causing the driver and passenger to be thrown from the vehicle. No charges have been filed as of yet, but the case has been turned over to the Stanly County District Attorney's Office.

The Governor's Highway Safety Association offers these tips to eliminate distractions likely to cause serious injury or death in a crash:

-Put your phone on silence before you start the engine.

-Alert callers that you are driving by adding a message to your phone that indicates you will return their call later.

-Only answer or initiate a call after pulling over into a parking spot.

-If a passenger is riding with you, have him or her respond to a text message for you.

-Pledge to "X the Text." Never text or surf the internet while you are operating a vehicle, even if you are sitting at a stop sign or in traffic that isn't moving.

-Restrain your pets in the back seat so they don't become a distraction in your lap.

-If child passengers need attention, stop the vehicle in a safe location rather than turning around to address the situation while you are driving.

-Focusing on driving, rather than eating, reading, smoking or talking is the best way to keep you and other motorists safe.

Continue reading "Autumn Distractions Cause Risk for Car Accidents in Statesville, Statewide" »

October 6, 2011

Familiarity of Rural Roadways Can Lead to Distracted Driving Accidents in North Carolina, South Carolina


We posted previously on our North Carolina Car Accident Lawyers Blog that South Carolina contains some of the deadliest rural roads in the country.

According to ABC News 4, South Carolina Department of Public Safety recently reported that more people have died on South Carolina roadways from January 1 to September 15 this year than during the same period in 2010. After three years of steady decline, deaths have increased by 20 from last year to this year during the first nine and a half months of the year.
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Charlotte car accident lawyers realize that rural roads and the few remaining days of warmer weather makes fall season a dangerous time of year to be on roadways in North and South Carolina because roadways become congested with day-trippers looking for an autumn adventure. More traffic coupled with driver inattention can lead to a high risk of a car accidents in North Carolina and South Carolina, not to mention pedestrian and motorcycle accidents.

In more recent statistics published by the South Carolina Department of Public Safety, as of September 25th there have been a total of 593 deaths on highways in South Carolina. Of these fatalities, 73 have been pedestrians, 81 have been motorcyclists and 11 have been bicyclists. Several September traffic fatalities have boosted the death count number above a year-to-date comparison from last year.

In a recent article by the Post and Courier, state officials are looking for answers to countermeasure the higher number of traffic fatalities being reported this year. A South Carolina Highway Patrol spokesman states, "It's not the roadways that is the danger, it's the person."

In 2009, South Carolina ranked first in the country for rural road fatalities, accounting for almost 5 deaths per 100 million vehicle miles traveled. Driver inattentiveness is believed to be the biggest cause of these types of roadway accidents. Motorists become familiar with routes that are traveled frequently which can lead to a false sense of security and more drivers getting distracted by checking emails or making phone calls while driving. Motorists that speed or drive distracted on dark and unprotected rural roadways are at a high risk of serious or fatal injuries when involved in an accident.

The Associated General Contractors of America made a suggestion to increase road spending in order to modernize rural roadway shortfalls.

For example, improving lighting on darkened roadways, widening shoulder widths and adding guardrails could keep motorists from leaving a roadway into a ditch and improve safety dramatically. These safety features already exist on most highways and interstates in North and South Carolina.

Motorists, motorcyclists and pedestrians who find themselves out for a Sunday escapade this fall or who find themselves traveling on the same country roadways frequently are advised to slow down, pay attention and drive cautiously in order to avoid a rural roadway accident.

Continue reading "Familiarity of Rural Roadways Can Lead to Distracted Driving Accidents in North Carolina, South Carolina" »

October 4, 2011

Drive Safely Work Week to Help Reduce Risks of On-the-Job Car Accidents in North Carolina, Nation


Each October, the Network of Employers for Traffic Safety (NETS) hosts Drive Safely Work Week. This year's event is taking place this week through Oct, 7. The campaign is used to raise awareness among employers to help ensure the safety of their workers whose jobs require them to drive. More specifically, it focuses on reducing cell phone use and other distracted driving-related car accidents in Asheville and elsewhere.
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Our North Carolina car accident attorneys would like to ask that all companies and supervising employers participate in this year's event, titled "Focus 360°: Getting there safely is everyone's business." This is the second year that this campaign has taken a national approach to reduce the risks of distracted driving car accident on the job.

According to the Bureau of Labor Statistics, car accidents continue to be the number one cause of work-related fatalities in the U.S. In 2010, there were more than 4,500 work-related fatalities in our country. Nearly 2,000 of these fatalities were the result of on-the-job traffic accidents. These types of accidents took more lives than assaults, violent acts, contacts with objects or equipment, falls, exposure to harmful substances, fires and explosion accidents combined. The thing about distracted-driving accidents is that they are among the most preventable in the workplace!

In 2009, approximately 130 workers were killed in North Carolina, and in 2010, about 135 workers died. Nearly 50 of the 135 fatalities in 2010 were the result of on-the-job traffic accidents. These types of incidents were the leading cause of death for workers in North Carolina in 2010.

The week-long campaign focuses on work-related motor-vehicle travel, whether you're a passenger, driver or a cyclist. Everyone is at risk when there's a distracted driver behind the wheel.

The facts, according to NETS:

-Distracted driving takes a driver's physical and mental attention away from the roadways.

-Nearly 5,500 people were killed in the U.S. in 2009 because of car accidents that involved a distracted driver. Another 448,000 people were injured in these types of incidents during the same year.

-One in four accidents involved a driver who was using a cell phone.

-Texting drivers take their eyes of the roadway 400 percent more than drivers who don't text.

Employers are urged to take part in one of the following for Drive Safely Work Week:

-Enact and enforce a cell phone policy kit for your workplace, provided by the National Safety Council (NSC).

-Share tips and create activities to help enforce your current cell phone policy kit.

-Employers who decide not to enact a cell phone policy kit are still urged to educate employees about the dangers and consequences of distracted driving.

We would like to urge all employers and employees to participate in this week's events. Distracted driving-related accidents take the lives of too many workers in the U.S. every single day. These incidents are completely avoidable and preventable with the proper determination, rules and discipline.

Continue reading "Drive Safely Work Week to Help Reduce Risks of On-the-Job Car Accidents in North Carolina, Nation" »

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 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 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.

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

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" »

July 20, 2011

Statewide Distracted Driving Programs Could Reduce Car Accidents in Asheville, Elsewhere in North Carolina


With millions of cell phone subscribers throughout the United States getting behind the wheel to drive each day, it is no doubt becoming a problem of epic proportions to contain the number of car accidents in North Carolina, South Carolina and throughout the country that are caused by distractions.

State lawmakers are placing a ban on texting in some states but many states still allow handheld or hands-free devices to be used while driving. Cognitive distractions, like texting or talking, can lead to dangerous situations for drivers, pedestrians, bicyclists and other motorists who are often severely injured or killed in distracted driving accidents.
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The U.S. Department of Transportation has been experimenting with pilot projects in Syracuse, NY and Hartford, CT in an effort to curb texting while driving. The results have been positive but our Asheville car accident attorneys are wondering whether it's the enforcement of laws or the public awareness that is doing the trick.

According to Your News Now, there are three key ingredients that have led to the success of the Phone in One Hand, Ticket in the Other Campaign in Syracuse and Hartford. Tougher laws, stricter enforcement and city-wide public awareness have made the distracted driving program successful, similar to how drunk driving and seat belt campaigns have shown success in the past.

Each city received $200,000 in federal funds and an additional $100,000 from the state to put into increased police enforcement, press releases to engage the news media and paid advertising. Over the past year, police enforcement was enhanced over four periods which led to over 9,500 citations for drivers using a cell phone in Syracuse and 9,658 tickets issued to Hartford distracted drivers using a cell phone illegally. Driving behavior also changed noticeably in each city. Syracuse detected cell phone use by drivers decreased by 32 percent, while Hartford reported a 57 percent decrease in handheld cell phone use, as well as, 72 percent less texting occurring while behind the wheel during the four phases of the project.

"These findings show that strong laws, combined with highly-visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel," said U.S. Transportation Secretary Ray LaHood. "Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents."

The Governors Highway Safety Association is encouraged by the positive results but knows that more research needs to be done before states like North Carolina and South Carolina will fully implement a ban on all cell phones for all drivers. South Carolina currently doesn't place any restrictions on drivers when it comes to cell phone use and allows all drivers to use cell phones of any kind while driving. North Carolina only bans novice drivers and school bus drivers from talking on handheld devices while driving. Texting is not permitted by anyone behind the wheel in North Carolina.

More and more evidence is showing that distractions are dangerous while you drive. It is expected that these pilot programs will become statewide so motorists are reminded to eliminate as many distractions while driving as possible in order to maintain safety for you and other motorists or pedestrians sharing the same roadways.

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July 16, 2011

Feds Look to Reduce Distracted Driving Accidents in North Carolina, South Carolina


I think everyone would agree that reducing the number of distraction-related car accidents in Asheville, Winston-Salem and elsewhere in the state would be ideal. After all, the hassle of getting your car fixed after a fender bender, having to get medically treated following an accident and facing possible lost time from work can be quite costly, not to mention stressful.

Our Charlotte car accident attorneys are always here to help ease the pain and stress that follows a traffic accident, especially in a time when cell phones and other distractions are so prominent in causing them.
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The federal government is continuing to be vigilant in its fight to control distracted driving accidents nationwide. To date, states have been taking an individual approach in implementing bans on texting and talking on cell phones while driving.

According to a recent article in Auto Trends Magazine, Congresswoman Carolyn McCarthy is taking a giant step forward with the proposal of the Safe Drivers Act of 2011.

Similar to the national drunk driving blood alcohol concentration (BAC) of .08 being standard throughout the country, the new bill would ban cell phone use while motorists are behind the wheel no matter what state you are driving in, making it uniform across the board and not just in certain states.

The Governors Highway Safety Association certifies that only 30 states ban texting for all drivers as a primary offense. There is currently no state that bans cell phone (hand held or hands-free) use for all drivers but many states stipulate certain drivers are banned from using a cell phone.

Specifically, beginner drivers (30 states and D.C.) and school bus drivers (19 states and D.C.) are banned from all cell phone use. North Carolina does not prohibit handheld cell phone use for drivers but does ban school bus drivers and novice drivers from any type of cell phone use while driving.

North Carolina prohibits texting by any driver while behind the wheel, no matter what the age or circumstance. Violation of the law for beginner drivers, school bus drivers and texters are all considered a primary offense and can be stopped without further provocation.

South Carolina, on the other hand, does not ban cell phone use or texting by any driver and only addresses the issue under the distracted/inattention attribute of the state law as stipulated under contributing factors. The new bill would get states, such as South Carolina, that have not been proactive in curbing cell phone use to comply on a federal level, much like the old 55 mph speed limit that was standard at one time nationwide.

The only allowable exception to the new safe drivers bill would be for drivers who need to make an emergency call. Legislation has also been proposed allowing drivers to be permitted to use voice-operated vehicle-integrated devices such as phones or GPS devices that you can talk to and not have to push buttons to operate.

The next step under the new bill would require the U.S. Department of Transportation to conduct an investigation on distracted driving with particular attention paid to cognitive distraction and the effect that distraction has on inexperienced drivers. At the end of two years, the DOT would need to report their findings back to Congress at which time recommendations would be made on distracted driving laws and penalties faced if states don't comply.

Failure for states to comply would lead to 25 percent of federal funding being taken away.

"Driving while making a phone call, texting or using apps can be as dangerous as driving drunk, and much more common," Rep. McCarthy said. "With some basic common sense rules that are already in place in some parts of the country, we can reduce injuries and save lives in America."

Continue reading "Feds Look to Reduce Distracted Driving Accidents in North Carolina, South Carolina" »

June 21, 2011

Using Cell Phones While Driving Raises Risk of Statesville Car Accidents


As part of a month-long observance to raise awareness about summertime safety in June, the National Safety Council has been highlighting a different topic each week of the month. The final week of June 26-30 is focusing on the dangers of using a cell phone while driving, which is a leading cause of distracted driving accidents in Statesville, Gastonia, Charlotte and elsewhere throughout the state.

Greensboro car accident lawyers know what a temptation cell phones and other hand-held devices can be while driving, but we encourage motorists to put them away to reduce the risk of a serious or fatal accident.
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Distracted driving has become a serious public health threat throughout the U.S. the last several years, mostly due to the increased number of cell phone users. CTIA-The Wireless Association reports that in 1995, about 11 percent of the U.S. population were cell phone subscribers. In 2010, the approximate number of subscribers throughout the country grew to 93 percent of the population. In 2008, there were an estimated 110 billion text messages sent every month.

The NSC reports that the popularity of cell phones contributes to dangers on the road. Drivers using cell phones are four times more likely to be involved in a car accident. More than 600,000 crashes involving a driver using a cell phone have been reported so far this year. The number grows every 24 seconds.

The NSC offers the following distracted driving prevention tips to improve health and safety on roadways this summer:

-Create a temporary voicemail greeting indicating you are driving and will return all calls at a later time.

-Silence your cell phone before you start the engine.

-Pull over to the side of the road in a safe location if you need to text or talk.

-Employers should set policies and parents should establish rules for their teen drivers that oppose and punish cell phone use while driving.

For more information about understanding the distracted brain, click to view the NSC White Paper.

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