North Carolina Car Accident Lawyers Blog

In a tragic accident that has gripped the hearts of many in the community, the lives of two young children were lost in a west Charlotte car accident.

From what our Charlotte car accident attorneys know so far, the driver of the truck who allegedly hit the two children has been arrested and charged with two counts of misdemeanor death by a motor vehicle.

Under North Carolina statute 20-141.4, this charge is filed when someone is accused of unintentionally causing the death of another person with a vehicle while they are breaking another state or local law regarding the operation of a vehicle or the violation of a traffic law. It doesn't include deaths caused by a drunk driving, which would be a separate, more serious, offense.

According to NewsChannel 36, the 1 and 5-year-old siblings were walking with their dad near the intersection of West Tyvola Road and Shady Lane around 8 in the morning. Also with them was their baby sister. They were on their way to daycare. That's when a box truck traveling toward the intersection, struck the two boys and killed them.

The infant girl and her father were not seriously injured, according to news reports.

There had been no sidewalk alongside the road where the family was walking. One neighbor who was interviewed by a local news team said it was "only a matter of time" before someone was seriously hurt or killed on the roadway.

In that specific area, media reports indicate there have been two prior pedestrian crashes. The city's department of transportation said it had identified the need for a sidewalk along the roadway, but there wasn't enough in the city's budget to pay for construction or even design.

A witness to the horrible accident said the driver of the truck did not move to help the children after the crash. One man worked to perform CPR on one of the boys, but to no avail.

The crash is being investigated by both the North Caroline Highway Patrol and the Charlotte-Mecklenburg police.

The daycare's director was quoted as saying that the children were great kids, and the loss is one that weighs heavy on their hearts.

According to SafeKids.org, the number of pedestrian accidents across the country averages out to about 355 child pedestrian deaths annually. That is for children under the age of 14. Another 15,500 children are injured as a result of being struck by vehicles.

What many motorists may not understand is that children, especially those younger than 10, aren't able to accurately determine their risk of injury. It is critical for parents to discuss these dangers with their children so that the risks are mitigated.

Here are some additional statistics on child pedestrian accidents to keep in mind:

• Of the children who were killed in pedestrian accidents, more than two-thirds were males;
• Vehicle back-overs were listed as the cause in more than 100 deaths of children younger than 4.
• More than 40 percent of children who are fatally struck by vehicles are hit between 4 p.m. and 8 p.m.

Continue reading "Charlotte Car Accident Kills Two Children" »

As we muddle through the busiest shopping period of the year, our Charlotte car accident lawyers want to remind motorists to use extra caution in parking lots filled with anxious or distracted pedestrians. Parking lots are packed with vehicles and shoppers this time of year, which makes the risk of being involved in a parking lot accident in Greensboro, Charlotte or elsewhere all that more heightened compared to shopping under normal circumstances.

A recent parking lot accident at a Home Depot in Maryland is a reminder of how easily accidents can lead to serious or fatal injuries. The Baltimore Sun reports a 79-year-old driver experienced a medical emergency while he was driving through a Home Depot parking lot that caused him to hit six people. The victims were transported to the hospital with injuries, but two have reportedly died from the Thanksgiving Day accident at the Hyattsville Home Depot. The conditions of the other four victims remain undisclosed. The accident is under investigation and no charges have been filed against the driver to date.

For some odd reason shoppers tend to throw courteousness out the window this time of year. Whether it is the shortened time period to cross everything off the shopping list or the race to get to the best sales event, people can get a little aggressive and unruly. When this behavior gets transferred to operating a vehicle, it can put pedestrians at risk of severe injury while walking in the parking lot to and from their vehicle.

To help reduce levels of agitation and encourage a little common courtesy in the spirit of giving, we offer these etiquette tips to help reduce parking lot incidents:

-Drivers should not block other cars behind them while waiting for a parking space near the store entrance to open.

-Pull into a parking space by centering the vehicle with equal space on either side. Pull forward so that the rear end of the vehicle doesn't hang out and block the view of other motorists as they try to see around it.

-If a space is too small to fit into, look for another parking spot. Trying to cram in to a small spot is dangerous and can lead to vehicle damage or personal injury.

-A driver has many blind spots in a parking lot so be aware of these as you maneuver around pedestrians and vehicles.

-Watch for speed limit signs and one-way indicators. Always follow the speed limit and follow the direction indicated by signs and markings on the pavement.

-Stop or yield to oncoming or crossing foot traffic and vehicles.

-Always use a turn signal when making a turn or pulling into a parking spot.

-Never leave a cart or dolly in the parking spot when you are done shopping. Not only can it be aggravating to other motorists attempting to pull into a space when spots are limited, but it can also cause vehicle damage when left unattended.

-Resist aggressive behaviors by not honking the horn or making inappropriate gestures to pedestrians or other motorists.

-Never create your own parking space. It is illegal and dangerous.

Continue reading "Charlotte Parking Lot Accidents Common at Malls, Outlets During Holiday Shopping Season" »

Our Charlotte car accident attorneys posted about a female pedestrian who was struck and killed in the Elizabeth area by a drunk driver recently on our North Carolina Personal Injury Lawyers Blog. Much of the community and local businesses are disturbed by the accident. So much so, that they are vehemently trying to push the City of Charlotte into adding safety measures to prevent further accidents from occurring in this dangerous section of roadway.

WSOC-TV reports that the stretch of 7th Avenue between Pecan Avenue and Hawthorne Lane has been repeatedly dangerous for Charlotte pedestrian accidents because there is no crosswalk located at a popular crossover area. In addition, the visibility to see oncoming traffic is limited, so making it across the street safely becomes a challenge.

Following an investigation by the Charlotte Department of Transportation, a proposal was drawn to help make this area safer. According to the article, some of the highlights of the Elizabeth Area Plan proposal include:

-Making several changes at the intersection of East 7th Street at North Caswell Road and Pecan Avenue to help pedestrians cross safely. Suggestions for improved safety features would include changing the geometric design, implementing crosswalks at all legs of the intersection, installing countdown signals and curb ramps for pedestrians, and using leading clearance interval signals for pedestrians.

-Implementing more crossing areas for pedestrians at East 7th Street, Pecan Avenue and North Caswell Road.

-Devising a plan for traffic calming measures in the highly congested area for pedestrians and motorists. One method would be to create mid-block crossings on East 7th Street so that pedestrians don't have to walk down to the corner to cross the street.

One reason this particular area is dangerous is because traffic goes zipping by and pedestrians have very little time to get to the other side in between passing vehicles. TrafficCalming.org explains that this safety measure in highly congested areas can be beneficial because it forces vehicles to slow down and gives pedestrians a shorter distance to walk to safety. Examples of traffic calming safety measures include: narrowing streets, placing street islands in the middle of a multiple-lane road, landscaped curb bump outs, roundabouts, and speed humps. Essentially anything that can get a motorist to slow down, be more alert, and shorten the distance that a pedestrian needs to get to a safe area can help calm a congested traffic area.

The City Council recently met and voted to adopt the Elizabeth Area Plan. The overall goal is to create a more inviting pedestrian environment in an area that thrives in restaurants, pubs, retail storefronts and business establishments.

The responsibility lies with transportation departments and local governments to make sure pedestrians aren't put at risk of injury every time they attempt to cross the street. Motorists can do their part by slowing down and using caution at intersections where congested pedestrian traffic is expected.

Continue reading "Elizabeth Area Deemed a Dangerous Spot for Charlotte Pedestrians" »

The Republic reports that with Daylight Saving Time now in effect, the North Carolina Department of Transportation (NCDOT) wants to remind motorists that fewer daylight hours means an increased risk for car accidents in Gastonia, Hickory, Winston-Salem and elsewhere in the state. Not only are motorists short on daylight hours for their evening commute, but bicyclists and pedestrians need to be more careful to avoid an accident while walking or biking in the dark.

North Carolina residents turned their clocks back by one hour Sunday morning, meaning evening commutes are now a lot darker starting this week and continuing through the next few months with the sun setting earlier each night. Greensboro car accident lawyers know adjusting to the time change affects your body and mind and can even be somewhat depressing. But using extra caution during dark hours will help keep you safe on North Carolina roadways until we "spring forward" in just a few months from now.

In 2010, the North Carolina Department of Transportation reported that there were nearly 190 bicyclists and 875 pedestrians involved in car accidents during dusk and nighttime hours. There were another almost 16,500 accidents involving animals during the hours of darkness.

Driving in the dark can be tricky, especially this time of year when deer and other critters can potentially pop out from nowhere right in front of your vehicle. We posted last month on our North Carolina Car Accident Lawyers Blog that deer will be on the run as hunting season approaches. So be on the lookout for them dashing across your path to help avoid a collision and possible injuries.

The North Carolina Department of Transportation offers these tips for motorists to keep in mind as they drive in Daylight Saving Time:

-Coincide changing your clocks back one hour with checking all lights on your vehicle. For instance, check brake lights, emergency flashers, headlights, and even interior lights to make sure they are working properly. You may need to take your vehicle to a mechanic if a fuse or bulb needs replaced.

-Use high-beam lights in rural areas but be courteous to approaching vehicles by flashing to low beams while you pass.

-If your rear-view mirror has a night setting, use it to avoid glare from car lights shining behind you.

-Never wear sunglasses after dusk.

-Keep a watchful eye for bikers and walkers after dark, especially as winter weather approaches.

-If you feel drowsy from the time change, avoid long trips or driving while fatigued.

-Focusing your eyes on one spot in front of you causes "highway hypnosis" which reduces your reaction time if a hazard appears on the road. Keep your eyes active by moving them back and forth to reduce the risk of reaction impairment.

Continue reading "Daylight Saving Time Increases Risks for Nighttime Car Accidents in Gastonia, Elsewhere" »

Halloween can be a scary time for kids, literally, because they are at considerable risk of being struck in a car accident in Winston-Salem, Gastonia, or elsewhere in the state. Motorists may find small trick-or treaters difficult to spot because the activity occurs at dusk or dark when visibility is limited.

Our Asheville car accident attorneys want to remind motorists that October is Halloween Safety Month so be mindful of children walking to help reduce the risk of causing severe injury.

American College of Emergency Physicians reports that Halloween is the most dangerous day of the year for pedestrian accidents involving young children. For children under age 16, 38 percent of all pedestrian accidents happen between 3 and 7 p.m., which is prime time for trick-or-treating. Children walking at night in a costume can inhibit their ability to see, presenting a high risk for a fall accident. Fridays, Saturdays and Sundays are the most dangerous days of the week for pedestrian deaths, especially when Halloween falls on one of these days. Even though Halloween is on a Monday tris year, don't let your guard down.

Research is limited when it comes to the dangers of pedestrian deaths on Halloween but the Centers for Disease Control and Prevention looked at data from 1975-1996 and determined that children were four times more at risk of a pedestrian accident involving a motor vehicle on Halloween than any other night of the year. Data provided by the National Highway Traffic Safety Administration (NHTSA) narrowed down the number of pedestrian deaths involved in a motor vehicle crash on October 31 between 4 and 10 p.m. From 1975-1996, researchers found that 89 deaths occurred for children between the ages of 5-14 years old. This equates to an average of four deaths per year on Halloween between 4 and 7 p.m. for this age group.

AAA Exchange offers these Halloween safety tips:

To Motorists

-Use peripheral vision to be alert for children on front yards or walking away from the front porch of a house.

-Use extra caution when pulling into or out of private driveways or alleys.

-Use your headlights, even during daylight hours, so that your vehicle becomes more visible.

-Be prepared for children crossing streets mid-block and not at a designated crosswalk.

-Keep an eye out for children walking on sidewalks, curbs, medians and roadways.

To Trick-or-Treaters

-Avoid wearing a costume with a mask that covers your entire head when possible. Use nontoxic face paint to avoid problems with vision.

-Props should be blunt-tipped and flexible to avoid serious injury if a fall occurs.

-Place reflective tape on your costume if you plan to go out at night. Reflectors make children more visible.

-Never shine a flashlight into the eyes of a motorists, instead place it face down in your treat bucket.

-Choose homes that are clearly participating in Halloween activities with well-lit porches or driveways.

-Always trick-or-treat with an adult present.

Keep your children safe this Halloween by going over some helpful rules and tips to help them avoid being struck by a car. Remind them to steer clear of vehicles by crossing at intersections and making themselves visible at all times.

Continue reading "Halloween Increases Risks of Car Collisions with Trick-or-Treaters in Winston-Salem, Gastonia" »

Two-wheeled vehicles will be kept under a watchful eye by South Carolina state troopers with the upcoming fall bike rally, reports Carolina Live. Mopeds and scooters are populating Carolina roadways more frequently these days, which is making riders more susceptible to being involved in a car accident in Greensboro or Spartanburg. Motorists don't always spot the smaller and less noisy vehicles in time which can put them at risk of a collision.

Charlotte accident lawyers saw in the news recently that a South Carolina backup quarterback was injured in a scooter accident on campus.

Scooters have become a popular mode of transportation on college campuses. The South Carolina Gamecocks' sophomore reserve had just picked up a pizza and was riding with one hand on his scooter when he crashed around 2 a.m.

He was found unconscious along the side of the road. The athlete suffered a concussion, needed stitches and was told to sit out from practices and competition for two to three weeks. The coach hopes the lesson learned by his teammates as they travel around campus on their scooters is that safety comes first. Keeping both hands on the handlebars is an important safety precaution in order to maintain control, not lose balance and avoid a collision.

South Carolina Highway Patrol recently published materials pointing out the differences in state law regarding mopeds and scooters. They recently sent out a pamphlet to all the law enforcement agencies detailing the updated differences in state law regarding the two vehicles. To clear up any confusion for riders of these two-wheeled vehicles, the SCHP clarifies the following key points highlighted in the pamphlet:

• Mopeds contain engines 50cc or smaller versus a scooter which typically has an engine of 125 cubic centimeters and up.


• Mopeds must be clearly marked with a moped tag and travel at a maximum speed of 25 mph.


• Both vehicles are permitted on any South Carolina highway.


• Scooter riders are required to have a motorcycle license and to insure their scooter as opposed to moped riders needing a Glass G or regular driver's license. Mopeds do not need to be insured.


• A moped can be operated by a 14-year-old versus a scooter requires minimum age of 15 to operate.


• An operator or rider is not required to wear a helmet when using either of the two-wheeled vehicles.

Much of the concern for moped and scooter riders stems from patrol officers finding them practicing unsafe behaviors. For instance, many mopeds are spotted riding in the far left lane of a four lane highway, which is typically considered the fast lane for vehicles. Considering mopeds can only travel at a speed of 25 mph, it makes it quite dangerous for them to be mixed in with other motorists in the fast lane. In distributing the pamphlet, the SCHP hopes that riders will become more aware of their surroundings, become more visible, wear protective gear, avoid heavily traveled routes and travel during non-peak time periods.

For more information about how to obtain a moped or scooter license, visit South Carolina Department of Motor Vehicles online.

Continue reading "Gamecocks Reserve Quarterback Injured in Scooter Accident on South Carolina Campus" »

Intersections are not only a common location for car accidents in Winston-Salem but they are also the site of many pedestrian and bicycle accidents which makes most intersections a deadly disaster waiting to happen. Motorists should use caution every time they approach an intersection because the complex traffic patterns and limited visibility can put them or others at risk of an accident which leads to serious injury or even fatality.

Charlotte car accident lawyers know that a good number of intersections are deemed dangerous based on past accidents reports. Knowing that particular intersections are classified as dangerous could allow bikers, pedestrians and motorists to alter their route or travel time in order to avoid a potential collision.

WSOCTV recently reported that Charlotte's Department of Transportation put together a complete list of the city's most dangerous intersections. In most cases, driver inattention, failure to yield, speed and other human factors were the leading causes of the accident.

The crash data report indicates for the second year in a row that the intersection of South Davidson and East Martin Luther King Boulevard ranked highest for accidents in 2010. This intersection has been the site for a total of 41 accidents over the last three years which is likely due to the high volume of traffic that passes through it each day. Other notable intersections that make the Top 5 list in Charlotte include:

• Close to the Interstate 485 entrance where Harrisburg road connects with Cambridge Commons Drive.


• North Caldwell Street and East 5th Street intersection.


• Conlan Circle where it intersects with John J. Delaney Drive


• Reagan Drive and North Tyron intersection.

The Charlotte Observer reports that the Department compiles an annual report on traffic data for Charlotte which does not include crash statistics for local interstates, parking lots or private lots. There were a total of 29 fatal accidents and roughly 5,800 injuries as a result of the 15,799 crashes that occurred in Charlotte in 2010. Collisions involving bicycles rose more than 10 percent from 83 in 2009 to the 94 reported in 2010.

Tips to remember for intersection safety:

• Always yield the right of way.


• Prepare to stop at a yellow light about to turn red unless stopping causes the situation to be more dangerous.


• Wait for oncoming traffic to pass the intersection before making a left turn.


• Tailgating is never advised but near an intersection this behavior can be particularly dangerous because you don't know what the vehicle in front of you will do. Following too close usually results in a rear-end collision with one or more vehicles.


• Take note of your surroundings at intersections which includes being alert for pedestrians, bicyclists or other vehicles.


• Refrain from checking text messages or emails while waiting for the light to turn green.


• Yield to pedestrians in the crosswalk before putting your vehicle in motion.

Continue reading "Pedestrians, Bicyclists, Motorists at Risk of Intersection Accidents in Charlotte" »

A recent railroad crossing accident in Charlotte has us mindful that not only are crossings dangerous for car passengers but train operators have little or no time to stop and avoid a pedestrian spotted along the tracks.

WBTV reports a man was killed near the railroad crossing at Archdale Drive by a freight train when he was attending a memorial where his son died five years ago. The train operator attempted to stop the train but was unable to avoid the collision.

Accident attorneys in Asheville and Charlotte know that trains are and that far too many rail accidents are occurring throughout the United States because rail crossings are not marked properly, safety gates are not maintained, or a locomotive is too big to stop in time to avoid a collision.

The Federal Railroad Administration reported over 7,000 accidents nationwide at railroad crossings from 2007 to 2010. These accidents resulted in 873 lives lost. In 2010, FRA reported 628 train accidents caused by human factors nationwide; 666 accidents caused by track-related issues; and 246 accidents were caused by equipment failure. Through May of this year, North Carolina has reported 6 fatalities in all train incidents and South Carolina has reported 3 deaths in all train accidents or incidents.

The North Carolina Department of Transportation Rail Division reports there are over 3,700 open public at-grade crossings in the state. Of these, only seven are equipped with traffic signals while 1,988 contain flashing light signals and gates and 1,291 are equipped with crossbuck or other signs which are often meant for yielding, not stopping at an intersection.

Though North and South Carolina are not in the top 10 deadliest states required by the federal government to improve railroad crossing safety as reported in the Chicago Tribune last month, many states are now considering the dangers at railroad crossings.

As part of the Rail-Highway Grade Crossing Improvement Program, South Carolina is targeting railroad safety following the death of a woman who died in a tragic accident earlier this year.

The Times and Democrat reports that South Carolina officials will receive more than $200,000 per each of three rail crossings to improve safety. The South Carolina Department of Transportation has allotted $201,496 for gates at the State A&M crossing, $220,380 will be used for gates at the crossing on Sellers Avenue and $207,542 is set aside for gates and flashing lights at the Bair Road crossing in Calhoun County. South Carolina receives approximately $4 million a year from the federal government meant for improving rail crossing upgrades at roughly 2,650 public rail crossings located throughout the state.

Motorists and pedestrians are reminded of these simple tips:

• Only cross over a track if you are sure you can make it to the other side safely.


• If a railroad crossing is not equipped with flashing lights and gates, look and listen before you cross.


• Trains may travel from either direction so look both ways before you cross and expect multiple trains when several tracks are located at the same crossing intersection.

Continue reading "Railroad Crossings in Charlotte, Elsewhere a Danger for Motorists and Pedestrians Involved in Train Accidents" »

Our Winston-Salem personal injury attorneys frequently report about the dangers of pedestrian accidents in our state.

The North Carolina Department of Transportation recently announced that 15 municipalities throughout the state will receive in total $343,550 in grants to be used towards reducing the number of bicycle and pedestrian accidents in North Carolina.

We posted previously on our North Carolina Personal Injury Lawyers Blog that very little federal funding is spent on improving pedestrian and bicyclist safety in North Carolina each year. Considering how important exercise is to improving our healthy lifestyle, it is good to know that some cities will be benefiting from funds granted towards improving safety for walkers and bikers.

Representatives from rural and metropolitan planning organizations and councils of government formed a committee and reviewed 23 applications that were submitted to request funding. Transportation planners selected 15 municipalities from both large urban areas and small rural towns throughout western, central and eastern regions of the state to receive the grant. The following municipalities will receive funding from a joint sponsorship by North Carolina Department of Transportation's Division of Bicycle and Pedestrian Transportation and NCDOT's Transportation Planning Branch:

-$28,000 to Atlantic Beach
-$24,500 to Belmont
-$15,000 to Clyde
-$20,000 to Elizabethtown
-$31,500 to Kings Mountain
-$28,000 to Knightdale
-$15,000 to Marshall
-$22,050 to Mount Airy
-$20,000 to Oak Ridge
-$24,000 to Oxford
-$15,000 to Pilot Mountain
-$28,000 to Rolesville
-$24,500 to Sanford
-$28,000 to Washington
-$20,000 to Wingate

The planning process will begin this fall for each of these municipalities in which improving bicycle and pedestrian safety will be the goal and priority of each project initiated.

Transportation of America reports that 47,000 people died and 688,000 were injured from 2000-2009 in pedestrian accidents.

More than 1,600 people were killed in North Carolina while walking during this same time period. North Carolina ranked 11th in the country in overall Pedestrian Danger Index.

North Carolina cities and the percentage of traffic fatalities by pedestrians in 2008-2009:

• Winston-Salem -- 11.5 percent
• Charlotte/Gastonia/Concord -- 11.4 percent
• Greensboro/High Point -- 10.3 percent
• Asheville -- 9.6 percent

The National Highway Traffic Safety Administration reported that 2 percent of all traffic fatalities in 2009 were bicyclists. Of the 630 bicyclist fatalities in 2009, North Carolina averaged over 1 death a month or 16 cyclist fatalities reported for the year.

Summer safety tips for pedestrians and bicyclists:
-Stay away from high volume traffic roadways like interstates at rush hour.
-Never walk or bicycle across a street where motorists don't expect to see you.
-Remain visible by wearing bright clothing.
-Prevent walking or riding at night at all costs.
-Always inform someone where you are going and what time you think you will return.

Continue reading "Government Funding to Help Reduce Risk of Bicycle and Pedestrian Injuries in North Carolina" »

Two motorcyclists died in separate crashes over Easter weekend in what appears to be one of the deadliest days for motor vehicle crashes in recent history for Horry County, reports The Sun News. The final topic in our three-part spring safe driving series is the dangers and high risk of motorcycle accidents in the Carolinas this time of year.

In the first crash the motorcyclist was traveling at a high rate of speed before losing control when going around a slight bend. He was thrown from the bike. The second motorcycle crash involved a driver riding with his family when he suddenly lost control of the motorcycle and hit the median. He was wearing a helmet but died from chest trauma shortly after arriving at Grand Strand Regional Medical Center.

Personal injury lawyers in Anderson and elsewhere throughout the state see a growing number of cases involving motorcyclists who don't wear a helmet. These accidents often lead to severe head trauma, paralysis, internal injuries and sometimes fatality at the scene of the accident. No amount of experience or training that you have riding a motorcycle can prevent you from being in a crash with an inattentive driver.

The National Highway Traffic Safety Administration reported 108 motorcyclist fatalities in South Carolina in 2009. From 2005 to 2009 in South Carolina, over 115 motorcyclists died each year on average; a high percentage of these deaths are motorcyclists who were unhelmeted.

The Insurance Institute for Highway Safety reports that South Carolina law only requires those riders ages 20 and under to wear a helmet while operating a motorcycle or low-power cycle.

Motorists who want to avoid a crash with a motorcycle are reminded of the following safety tips:

-Look over your shoulder when making turns or changing lanes. Motorcycles often travel in your blind spots and are difficult to see so turning your head is the only way to assure it is safe to change positions on the road.

-Never rely on sound to determine the location of a motorcycle. The loud engine is deceiving and most motorcycles that you hear are already in front of you since their engine or tailpipe leads to the back of the bike.

-Don't assume that motorcyclists always travel in groups even though this is common with bike enthusiasts or motorcycle organizations. Many motorists rely on a motorcycle to commute to and from work so they ride solo.

Motorcyclists can reduce the chance of severe head trauma or brain injury by always wearing a helmet. Conducting routine safety checks on your bike, maintaining safe travel speeds, and refraining from aggressive driving can also reduce the risk of serious or fatal injuries when involved in a crash with a motor vehicle.

Continue reading "Spring weather brings a high risk for motorcycle accidents in Anderson, Greenville" »

We continue our spring safe driving series with an alert to the high risk of pedestrian accidents in South Carolina, North Carolina and elsewhere in the country this time of year. Pedestrians, bicyclists and motorcyclists are hitting the pavements in full stride so motorists need to drive with a little more caution in order to avoid colliding with them this spring.

Another pedestrian killed recently has our Greenville personal injury lawyers urging pedestrians to wear bright clothes so that motorists have a better chance of seeing you. WMBF reports that the pedestrian put himself in danger by walking in the middle of the road in dark clothes. The pedestrian was hit by a pickup truck in the middle of the on-ramp of Highway 9 and Highway 31 during early morning hours.

In 2009, over 4,000 pedestrians were killed in vehicle crashes in the United States according to the U.S. Department of Transportation. Of the almost 900 total traffic fatalities reported in South Carolina for 2009, 89 were pedestrian fatalities which equates to about 10 percent of the total. Greenville County, ranked second for most fatalities of all counties in South Carolina, reported 7 pedestrian fatalities in 2009. Pedestrians accounted for 13 percent of total traffic fatalities in Greenville County according to the National Highway Traffic Safety Administration.

Motorists can expect to see more pedestrians now that spring has arrived and cities across North and South Carolina are sponsoring more outdoor activities. Drivers should be on the lookout for walkers and exercise the following safe driving behaviors this spring in order to avoid hitting a pedestrian:

-Never allow yourself to drive distracted by talking on your cell phone, grooming, eating, or reading something while behind the wheel.

-Refrain from swerving to avoid obstacles in the road if pedestrians are present. Avoiding the obstacle may cause you to hit someone inadvertently walking in your path.

-Use extreme caution at night or during inclement weather like severe rain storms, hail or high winds. These conditions make it difficult to see pedestrians so pull over or refrain from driving completely if vision becomes limited.

-Control your speed on rural or highly populated roadways.

Pedestrians are encouraged to always make themselves visible with bright clothing. Limit your walks to daylight hours and pleasant weather conditions if at all possible. More importantly, if you feel you are at risk of an accident, call a driver or use public transportation to get you home safely.

Continue reading "Motorists can avoid a pedestrian accident in Greenville, elsewhere in state" »

Our Spartanburg personal injury attorneys know that at some point each day, no matter who we are or what we do for a living, we are all pedestrians. Young or old, rich or poor, walking is done for pleasure and out of necessity.

As we've reported in an earlier post to our North Carolina Personal Injury Lawyers blog, between 2005 and 2009, North Carolina received more than $15.5 million in federal funds to promote and implement numerous Safe Route to School projects. SRTS (which obviously targets school-aged pedestrians and their families), is just one of many pedestrian-friendly federal programs that aim to revisit how Americans perceive transportation.  

Why? Because pedestrian fatalities represent 11.8 percent of total traffic deaths each year yet less than 1.5 percent of federal transportation funds are allocated to sustain safe pedestrian and cycling projects nationwide. In fact, Transportation for America reports that on a state-by-state level less than five percent of federal transportation dollars go toward traffic calming, multi-use paths, sidewalks and crosswalks, or traffic safety initiatives (like SRTS).

Urban sprawl, thoughtless growth and poorly-planned communities have pedestrians, cyclists and motor vehicles competing - rather than sharing - road space. And pedestrians are paying with their lives. A subject close to home for Carolina drivers and their families. Raleigh-Cary, NC ranks sixth on the T4America 2007-08 index of Most Dangerous U.S. Cities for Walking. (Interestingly enough, nine out of 10 cities were located in the South.) The North Carolina Department of Transportation reports that 155 people were killed in North Carolina pedestrian accidents in 2008.

Raleigh-Cary was the fifth-most dangerous in North Carolina when the rate of fatal pedestrian accidents in smaller cities was taken into account. The most dangerous cities were Rocky Mount, Wilmington, Burlington and Greenville.

Hickory, Charlotte, Goldsboro, Asheville and Winston-Salem rounded out the Top Ten. The most dangerous cities for South Carolina pedestrian accidents were Sumter, Myrtle Beach, Spartanburg, Florence and Anderson.

For the folks at T4America, the solution is simple to articulate and more challenging to implement. Urban planning needs to embrace the walkable community concept. Embed into city planning pedestrian access. Street design with foot traffic in mind. Traffic calming devices that are constructed to slow traffic (and have been proven more effective in slowing speeds than enforcement). Sidewalks. Crosswalks. Pedestrian signage.

A third characteristic is the concept of "complete streets" - where design, flow, existing traffic patterns - all share in street engineering. Bike paths. Median islands. Bus stops that provide comfortable shelter. Main Street-to-neighborhood access. School paths. And about that...

Safe Routes to School is part of the walkable community plan.

The benefits of cultivating walkable communities are numerous. From strictly a health perspective, at a time when more Americans are overweight and struggle with heart disease and diabetes, encouraging walking is an excellent way to combat all three. And, with safer walkways there are fewer pedestrian fatalities as well. From a practical perspective, transportation is the second highest expense to a family budget. We spend more on our wheels than on food, health care and clothing. Walking more means driving less. Driving less means spending less.

Continue reading "Raleigh-Cary ranks sixth in nation for fatal pedestrian accidents" »

As our Charlotte car accident attorneys noted in an earlier posting to our North Carolina Car Accident Lawyers blog, vehicle blind spots contribute to a significant number of tragic pedestrian accidents involving children. Nationwide, more than 40 percent of such accidents involve children aged 5 and younger. Making matters worse, in most cases the driver is a parent, grandparent or family member who inadvertently strikes an out-of-sight child when backing up or pulling forward.

This type of accident has become such a concern that the U.S. Department of Transportation has proposed new vehicle safety regulations requiring an expanded field of view for all motor vehicles weighing 10,000 pounds.

On average, the National Highway Traffic Safety Administration estimates there are more than 290 fatalities and 18,000 injuries each year as a result of back-over accidents. The NHTSA is urging vehicle manufactures to install rear-mounted video cameras with in-vehicle displays, with 100 percent compliance by 2014.

"The steps we are taking today will help reduce back-over fatalities and injuries not only to children, but to the elderly, and other pedestrians," said NHTSA Administrator David Strickland. Strickland further notes that while such changes will help diminish the risk of a back-over accident, "no technology can, or should, replace full attention and vigilance when backing up. Always know where your children are before you start your car and make sure you check that there is no one behind you before you back up."

The Cameron Gulbransen Kids Transportation Safety Act of 2007 was named after a two-year-old boy struck and killed by his father in the family driveway. North Carolina Safe Kids offers a simple checklist that all motorists should run through before putting their vehicle in gear.

~ Implement a five-second rule: Before driving off, take five seconds to walk all the way around your vehicle to make sure no pets, children, toys or unseen obstacles are blocking your path.

~ Implement a five-foot rule: Teach children that driveways are not play areas. Create a no-kid "bubble-zone" around your vehicle. Have your kid use chalk or tape to mark off the no-tread area.

~ Implement a safe-spot rule: Designate a "safe spot" in your yard - that is visible to drivers - and teach kids to stand still and wait in that area until they are told the coast is clear. (Waiting until a moving vehicle has stopped moving is not license to leave the safe-spot!)

~ Implement a safe-driveway rule: Never let your kid play in or near a parked car or in a parking lot or driveway. Hold hands when walking to or from a vehicle or when walking through a parking lot. Teach your kids traffic safety and set a good example.

Continue reading "Government aims to reduce backover pedestrian accidents in North Carolina" »

As her stepfather watched, the 11-year-old Northwest Elementary School student crossed N.C. Hwy. 150 North to collect the mail. The last thing he told her was to watch the road. It was just after 6 p.m. when the child was struck and killed in the North Carolina hit-and-run accident. Her body was thrown about 50 feet. The driver continued without braking, the dispatch.com reports.

One in five pedestrian fatalities is caused by a hit-and-run accident and 90 percent of incidents involve a single vehicle. Most accidents occur at non-intersections or on city streets, according to the National Traffic Safety Administration.

In the U.S. a pedestrian is killed because of a car accident every 107 minutes. Pedestrian fatalities are most common during Autumn as kids head back to school and adults and children alike enjoy the last weeks of nice weather. In 2006, 173 pedestrians died on North Carolina roadways after being struck by a car. Charlotte pedestrian accidents claimed 15 lives.

According to police reports, the 19-year-old driver was speeding - about 9 m.p.h. over the posted limit of 50 m.p.h. - and was located within four hours of the fatal accident. She was driving a 2002 Acura that sustained significant front-end damage. The investigation is ongoing and she has not yet been charged.

The family reported that the child was taken off life support about 24 hours after the accident. Aside from her parents and grandparents, she leaves behind a five-year-old brother and a baby due in five weeks.

If you walk, jog or stroll alongside North Carolina roadways, here are a few simple tips from the UNC Highway Safety Research Center that can help you stand out and potentially save your life:

~ Don't jaywalk. In other words, before crossing the street, think like you are behind the wheel and follow traffic laws and signage instructions. Use designated crosswalks. Don't walk on the freeway.

~ Be visible. Wear light colors and retro-reflective material. If it's dark - use a flashlight.

~ Pay attention, and act like drivers are not. When possible, make eye contact with drivers before entering a roadway to help communicate your intention.

Continue reading "11-year-old girl killed in North Carolina hit-and-run car accident" »

North Carolina car accidents and pedestrian accidents commonly occur in the parking lots of supermarkets, malls and big box stores.

Whether or not law enforcement has the authority to enforce traffic laws in parking lots is a muddled area of law, according to a report in the News Observer. But pedestrians are assumed to have the right-of-way in virtually all instances. North Carolina injury lawyers frequently represent pedestrian victims in such cases -- and a driver will very likely be considered negligent for an accident that results in a failure to stop at parking lot stop signs.

As the News Observer put it: You might not get a ticket for failing to stop at a parking lot stop sign, but you might get into an accident and that will get you into trouble.

"I would encourage folks to stop for that sign," said Kevin Lacy, chief traffic engineer with the state Department of Transportation. "If you happen to hit one of those people in the parking lot and you didn't stop, there is little doubt that you'd be held liable and responsible."

Parking lots and other similar areas are not mentioned in the state traffic laws. However, the Manual of Uniform Traffic Control Devices -- the governing document that keeps standard traffic laws uniform among states -- does permit private property owners to erect signs regulating traffic.

Meanwhile, the law treats parking lots as private drives where they meet the street. This designation means you are always required to stop and yield to street traffic, whether presented with a stop sign, a street sign or no sign at all.

Continue reading "North Carolina car accidents, pedestrian accidents a frequent danger in parking lots" »