North Carolina Car Accident Lawyers Blog

Recently-widowed, a Charlotte woman broke her silence to speak about the role of drowsy driving in North Carolina truck accidents.

Investigators said her 38-year-old husband was struck and killed on Interstate 85 by a 69-year-old trucker who fell asleep. Our North Carolina truck accident attorneys were saddened to see the pictures of the horrific wreck, which left the roadway littered with a mess of mangled metal, tires and shattered glass.

The crash happened last July, and her husband was one of three people who lost their lives that day, around 11 a.m. near mile marker 25 in Anderson, South Carolina.

News reports indicate that the tractor-trailer driver ran off the roadway. He attempted to get back on the highway, but he over-corrected, losing control of his truck and dragging a sport utility vehicle and a pick-up into oncoming traffic. Those vehicles struck the 18-wheeler that was driven by the Charlotte woman's husband.

The 33-year-old pickup truck driver was killed, as was the tractor-trailer driver. A medical examiner later determined he had a sleep disorder.

The Charlotte widow spoke with stoic conviction, saying that truck drivers who get behind the wheel without enough sleep are endangering everyone - including themselves.

She is speaking out in the hopes of having legislators take note and potentially strengthen laws related to drowsy driving in North Carolina and beyond.

Currently, there is only one state in the country - New Jersey - that has a law on the books specific to sleep-related fatal crashes. The statute - N.J.S.2C:11-5 - also known as "Maggie's Law," essentially criminalizes driving while fatigued. The New Jersey legislature defines a fatigued driver as anyone who has gone without sleep for more than 24 hours. There has to be proof either that the suspect fell asleep behind the wheel or that he or she had been driving after going without sleep for more than a day. The offense is considered a second-degree felony vehicular homicide.

But as the National Sleep Foundation notes, while the law has done a great deal to raise awareness of the issue, it's not used much by law enforcement because the definition is fairly narrow. In reality, a person could still be fatigued after having slept at least some in a 24-hour time period. Under the law, even a person who slept an hour or so could still escape criminal liability.

All states, except Missouri, include some identification box on police report forms to indicate whether a driver had fallen asleep. But because a person can't be tested for driving drowsy, the way they could if they had been drinking or using some other substance, it's sometimes all up to the officer to subjectively identify. The sleep foundation determined that fewer than 40 percent of all law enforcement agencies provide proper training on the issue.

Continue reading "North Carolina Drowsy Drivers Increase Fatality Risks in Trucking Accidents" »

Drowsy driving is more common than you may think, with drivers under the age of 25 accounting for more than 50 percent of all "fall-asleep" car accidents in North Carolina, according to Clinical Compass. Drivers with the most fall-asleep accidents were 20-years-olds. Still, this is a problem plaguing drivers of all ages.

These accidents take the lives of more than 1,500 people and injure another 71,000 each year nationwide. According to a recent study conducted by the AAA Foundation for Traffic Safety, about one in every six fatal car accidents involves a drowsy driver. Although more than 95 percent of drivers say that this driving behavior is completely unacceptable, more than a third of drivers surveyed admitted to doing it at least once in the last month.

Our Charlotte car accident lawyers invite you to join Drowsy Driving Prevention Week. This campaign organized by the National Sleep Foundation aims to raise awareness among drivers about this dangerous driving habit, and takes place Nov. 6 -12. The National Sleep Foundation says most drivers underestimate the dangers that come with a sleepy driver.

"People know that they shouldn't text or drink when they drive, and that's great," said David Cloud, CEO of the foundation. "However, many don't realize that driving while drowsy is also very dangerous."

According to the more recent poll from the National Sleep Foundation, drivers 16 to 45-years-old admitted to driving while drowsy at least once or twice a week. Cloud says that he acknowledges that people are sleeping less, and in this economy they're working more. Still, it's important to stay in tune with your body when you're behind the wheel of a motor vehicle not only to ensure your own safety, but the safety of others on our roadways.

Driving while drowsy can:

-Slow your reaction time.

-Impair your ability to see.

-Cause lapses in judgment.

-Can hinder your ability to process information.

Recent studies have revealed that a person who has been awake for 20 hours has the same reaction abilities as a person who is legally drunk. When drivers are sleepy at the wheel, it's extremely possible for them to go into 3- or 4-second bouts of micro-sleep, meaning they are in the car still traveling probably at a high rate of speed, completely unconscious.

Symptoms that indicate you're experiencing drowsiness behind the wheel:

-You have heavy eyelids or you're blinking frequently.

-You're having numerous daydreams.

-You're having difficulty keeping your head up.

-Your vehicle is drifting in and out of lanes.

-You are unable to clearly remember the last couple of miles you've driven.

-You keep yawning.

-You start to feel irritable, restless or aggressive.

If you experience any of these symptoms, it's important for you to pull over in a safe place and take a break. If you're traveling with another licensed driver, switch spots and let him or her drive. There is nothing more dangerous that trying to power through your sleepiness. Drowsy Driving Prevention Week organizers are hopeful the campaign can help get drivers to recognize the dangers and appropriate prevention measures.

Continue reading "Drowsy Driving Prevention Week Aims to Help Reduce Risks of Car Accidents in North Carolina" »

Memorial Day weekend is right around the corner so it is a good time for North Carolina car accident attorneys to remind motorists to buckle up and be safe on roadways during the holiday weekend. Holiday weekends often encompass summer barbeques or gatherings which lead to heightened traffic and a high risk of car accidents in Gastonia, Winston-Salem or Greensboro.

The National Safety Council recently released their estimates for traffic crashes during this Memorial Day weekend which begins Friday, May 27th at 6:00 p.m. and continues through to Monday, May 30th at 11:59 p.m. The organization estimates over 400 fatalities and another 39,400 injuries will occur nationwide during the upcoming holiday weekend. The NSC encourages the use of safety belts this holiday weekend as they estimate over 100 lives could be saved nationwide if all drivers and passengers were to wear their seat belts.

In 2009, the National Highway Traffic Safety Administration using the Fatality Analysis Reporting System reported 13 fatal crashes in North Carolina on Memorial Day. South Carolina reported 6 fatal crashes. The two states combined for 51 fatalities on Memorial Day alone in 2009 with 28 reported deaths in North Carolina and 23 reported deaths in South Carolina.

The NSC recommends the following tips to ensure safety this Memorial Day holiday weekend:
-Driving under the influence impairs your ability to drive and react so arrange for a designated driver if you plan to drink at a weekend gathering.

-Drive defensively while expecting the unexpected. Exercise extra caution if severe weather is a threat.

-Put your cell phone down while you are behind the wheel.

-Motorists who feel tired should pull of the road to rest or remain at home or at the party rather than driving drowsy.

-Don't put your car in drive until everyone in the vehicle is buckled in safely. All children should be placed in age-appropriate safety seats to ensure a reduced chance of serious injury in a motor vehicle crash.

-In order to reduce the frustration of driving in high volume traffic, plan to leave early and allow plenty of time for delays. Allowing ample travel time reduces the urge to speed in order to get to your destination on time.

Motorists should be mindful that law enforcement officials will be implementing the zero-tolerance of safety belt laws nationwide from May 23 to June 5, 2011 in recognition of the "Click it or Ticket" campaign.

Continue reading "Holiday weekends bring a heightened risk of car accidents in Gastonia, elsewhere in state" »

According to newspaper reports, three residents of Dillon, South Carolina, all members of one family, were killed in a North Carolina car crash in Nash County on Saturday. Three of the victims were apparently not wearing seat belts when the driver drove off the road on I-95 and slammed into a tree. According to witnesses, the car was driving at over 80 miles per hour, and the driver did not attempt to break. One report cited a North Carolina Highway Patrol Sergeant stating that the driver might have fallen asleep.

An NHTSA expert panel on driver fatigue and automobile crashes determined that typical crashes that involved driver drowsiness occurred on high-speed roads, most likely during late night or in the middle of the afternoon. In such accidents, the driver was often alone, and did not attempt corrective measures to avoid the crash.

The expert panel also noted that motorists were more likely to get into such accidents during long drives during which they did not take enough breaks. The use of some medications, including some antihistamines in response to allergies, was also found to contribute to driver drowsiness.

All of this is particularly relevant on long weekends like the Memorial Day one, during which people tend to travel and enjoy outdoor activities. Outdoor activities might aggravate people's allergies, making it more likely that they will take antihistamines. Having fun outdoors also tends to make us tired. Finally, long weekends often also mean long drives. The cumulative effect of all those facts is an increased danger of crashes caused by driver fatigue--crashes that can lead to serious injury or death.

Continue reading "North Carolina Crash Kills 3 Family Members" »