North Carolina Car Accident Lawyers Blog

Bad things can and often do happen when a vehicle reaches a speed in excess of 100 mph on North Carolina roadways. In 2009, speed-related accidents in Charlotte, and elsewhere in the state killed more than 500 people. Traveling at high rates of speed can cause a motorist to lose control or take a corner too fast before causing a rollover accident or collision with another vehicle or object.

IndependentMail.com reports of a fatal crash involving a motorist who was allegedly operating his vehicle at 114 mph. The three-vehicle collision happened on a Friday in July during the middle of the day. A South Carolina state trooper recently testified in a preliminary hearing that the excessive rate of speed was estimated based on the skid marks that were left on Interstate 85 following the crash.

A Georgia man on his way home from visiting his girlfriend in North Carolina died of head injuries when his 1988 Lincoln was hit by the BMW SUV driven by the speeder. It is believed that the driver of the Lincoln was also speeding at the time the crash occurred. The impact of the collision caused the BMW to hit a center median which caused a rotating spin of 360 degrees.

A third vehicle driven by a 41-year-old female was then hit by the BMW that was spinning out of control. The female driver and the defendant were taken to Greenville Memorial Hospital for minor injuries. The driver of the BMW has been charged with reckless homicide. The judge has ordered to move ahead with the charges based on court records that indicate the defendant has been guilty of several previous traffic offenses in Greenville and Anderson counties. If convicted, the driver would face up to 10 years in jail and a $5,000 penalty.

The Governors Highway Safety Association stipulates that any driver in North Carolina who speeds or drives carelessly without regard for the rights or safety of others is considered reckless when committing two or more of the following violations: tailgating or following too closely, running through a stop sign or red traffic light, failing to yield the right of way or passing another vehicle illegally.

Speed is often a factor in reckless driving violations. For example, a motorist pulled over for speeding at 15 mph over the posted 55 mph speed limit can be charged with reckless driving. The same goes for a motorist who is traveling at 75 mph in a 70 mph speed zone. Reckless driving is considered a Class 2 misdemeanor in North Carolina and can be punishable up to 60 days in prison. A driver who is convicted of reckless driving may also face fines up to $1,000, be subject to a license suspension up to 12 months and have four points added to his or driving record.

Reckless drivers put pedestrians, bicyclists and other motorists at risk of severe injury or death when a collision occurs. Motorists should reduce their speed, drive distraction-free and be in complete control every time they sit behind the wheel to operate a vehicle.

Continue reading "Reckless Driving Accidents in Charlotte, Elsewhere Often Caused by Speeding Motorists" »

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.

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" »

The Governors Highway Safety Association recently released that Nevada has become the 34th state to ban all drivers from texting while driving. This announcement follows the recent tragic event of a truck driver crashing into an Amtrak train which killed and injured several people.

North Carolina banned all drivers from using cell phones previously in hopes of reducing the number of distracted driving accidents in Asheville , Greensboro and elsewhere in the state. Winston-Salem car accident lawyers agree that truck drivers and school bus operators should be included in the texting ban because they are on the clock and have a responsibility to be safe drivers. Cell phones and texting are the leading cause of distraction while driving in our country and take the lives of so many each and every year.

CNN reports that John Davis Trucking Company is under investigation following a crash that involved one of their truckers, who crashed into an Amtrak train carrying 195 passengers and 14 crew members at a railroad crossing.

The crash killed 5 passengers and the truck driver and injured several other passengers. The National Transportation Safety Board is meeting with the company to obtain records on their employee. It is reported that the trucking company has 19 previous safety violations along with a fatal single-vehicle crash last May.

Investigators believe the truck driver was using his cell phone prior to the crash and will send the phone to a D.C. lab to determine if it was a factor leading to the crash. Safety measures at the crossing are not believed to have contributed since the intersection is equipped with cantilevers, lights, crossing gates, signs and pavement markings. The flashing warning light for an approaching train is set longer at this railroad crossing than is required by the federal standard.

Trucking companies have a responsibility to hire responsible and reliable employees. If a company hires a new driver, previous driving records should be obtained and considered before signing on the dotted line. The Associated Press reports that the driver involved in the Amtrak crash had received four speeding tickets since 2008. According to Nevada Department of Motor Vehicles, three of the four speeding tickets were while operating a school bus over the posted speed limit.

The Federal Railroad Administration offers an instructional video for professional drivers to illustrate railroad crossing safety. For more information about the legal responsibilities at railroad crossings and situational awareness click the link to view the video.

Railroad crossing safety tips for all drivers:

• When gates are lowered, do not drive around them.


• Never speed up to race a train to the crossing.


• Do not enter a crossing unless you know you can make it completely across before the train approaches.


• Multiple tracks often have multiple trains so always be prepared for a second train to appear.


• If your vehicle stalls on the tracks, immediately get out and walk to a safe location.


• A train traveling at 55 mph can take up to one mile to get completely stopped so always be aware that they can't brake quickly to avoid a collision.


• If traffic is backed up at crossing, be alert and never sit on the tracks waiting for traffic to move in front of you.

Continue reading "Distracted Truck Drivers Lead to Deadly Incidents at North Carolina Railroad Crossings" »

Columbia's WIS Channel 10 reports that a driver died yesterday afternoon in a car crash in Lee County. According to the report, the man lost control of the vehicle after a front tire blew as he was driving on I-20. The car then crashed into the median and overturned. The driver had been wearing a seatbelt.

Despite taking all the precautions they can, people are sometimes injured or killed in car crashes due to defects in the manufacturing or design of parts of their cars, tires, or other driving-related products. If an injured person can show that the product defect led to his or her injury, the victim can receive financial compensation for medical bills, pain and suffering related to the injury, wages lost as a result of the injury, and any property damage caused by the defective product.

In addition, relatives of people whose death was caused by a defective product may sue the manufacturers and sellers of that product for "wrongful death." In such situations, family members can claim compensation for loss of love and companionship, lost income, the loss of services that had been provided by the deceased to the family, and more. Although no amount of money can fully compensate a family for the death of one of its members, the law recognizes the fact that those bereaved are left to face very real economic consequences, beyond the emotional aftermath of their loss.

Continue reading "Fatal Crash After Tire Blows in Lee County, South Carolina" »

According to news reports, a car crash in South Carolina killed a 60-year-old man who allegedly drove his car into the path of another car as he was pulling out of a driveway yesterday afternoon.

Most of us tend to think of driveways as places of relative safety. If asked to envision a car crash, we are likely to picture it happening on a multi-lane highway with vehicles speeding on, or at a busy intersection where drivers may fail to pay attention to the right of way.

In reality, according to a study released by Progressive Insurance in 2005, most car accidents occur close to the crash victim's home. And "close" really means close: 52% of the crashes reported in that study happened within 5 miles of home. Almost a quarter of the reported accidents occurred within one mile of home.

Especially when pulling out of their own residence's driveway, drivers may be less alert than in other driving situations. Seeing the same surroundings, they may be lulled into a false sense of security, and not pay as much attention to what is happening around them.

Motorists, pedestrians, or cyclists injured in Carolina car accidents caused by another person's negligence have the right to file a civil suit in order to be compensated financially for their medical bills, for any wages they may have lost as a result of the accident, as well as for the pain and suffering they experienced. In addition, when people are killed as a result of someone else's negligent behavior, their estate or their surviving family members may bring a wrongful death suit against the person responsible.

Continue reading "South Carolina Man Dies in Car Crash While Pulling Out of Driveway" »