North Carolina Car Accident Lawyers Blog

Mock Accident in Asheville Warns Students of Summer Dangers

Sat, 19 May 2012 11:09:47 -0500

"In less time than it takes to say 'buckle up' a non-seatbelted driver of a vehicle without airbags is most likely dead in an accident at 55MPH," said a police officer at a recent seminar at Asheville High School.

Students were recently exposed to a mock fatal accident. From the beginning to the end, it illustrated the potential consequences of irresponsible driving habits, according to Mountain Xpress. The presentation was a way to help to get young drivers to curb the distractions behind the wheel and to practice other safe driving habits to help to reduce their risks of a car accident in Asheville and elsewhere.

Our Asheville injury lawyers understand that car accidents are the number one cause of death for teens across the country. As our high school students are let out of school for summer break it's important to talk with them about the importance of safe driving skills. During these next few months, our teens face some of the most serious risks for car accidents across the state. Make sure you know where your teen is going, who they'll be driving with and when they'll be home. Keeping up with your kids whereabouts will help to raise the awareness in them about safe driving habits.

Young drivers in the city of Asheville got a sneak peek into the consequences of dangerous driving habits with the recent mock presentation. Officials with the Asheville Fire and Rescue Department were on hand during the mock accident and extricated the accident victims by cutting the roof of the vehicle. After the victims were removed, officers took out beer cans from the vehicle, illustrating that the teens were drinking and driving. Unfortunately, drinking and driving is common among this young age group. About a third of all teen drivers who are killed in car accidents across the state are involved in alcohol-related accidents. The unfortunate victim of the accident, played by one of the students, was taken from the vehicle and pronounced dead at the scene of the accident by Buncombe County paramedics.

You can imagine that there weren't a lot of cheers coming from the crowd. This year's junior class has already lost a fellow student in a car accident last year, so they could relate. Some of the students even turned their heads from the display.

The performance was coordinated by officials with the Bucombe County EMS, the North Carolina Alcohol Beverage Control Law Enforcement, District Attorney Ron Moore, the North Carolina Highway Patrol, the Buncombe County Sheriff's Department, the Asheville Police Department and the Asheville Fire and Rescue.

Parents are urged to join in on the education and talk with their teen drivers about the risks of accidents during the summer season. Helping to raise awareness in these young ones and helping them to practice safer driving habits may be our best defense against a deadly summer.

Rising Risks of Car Accidents in Anderson and Elsewhere, Statistics Show

Thu, 17 May 2012 10:35:40 -0500

We're seeing more car accidents in Anderson and elsewhere in 2012 than we saw in 2011. According to the National Safety Council (NSC), we've seen a 12 percent increase in the number of roadway fatalities during the first three months of 2012 over what we saw during the same time period in 2011. During this time in 2012, approximately 8,200 people died already on our roadways. In 2011, only 7,300 people had been killed in auto accidents.

Experts aren't really sure why we're seeing an increase in roadways fatalities this year, but they've got a pretty good idea. Some say that it's because of the improving economy. A better economy means that residents feel more comfortable taking trips and spending on the gas. With more comfortable residents, we get more vehicle miles traveled. With more traveled miles we get increased risks for accidents. Others are saying that our mild winter season contributed to the increase. Since our winter was pretty calm, more motorists were okay to hit the road for holiday celebrations. Again, this increased the vehicle miles traveled and the risks for accidents.

Our Anderson car accident lawyers understand that an increase in the number of fatal car accidents may scare a lot of drivers. We're not sharing this information to scare you, but to show you what's really going on out there. It's up to each and every driver to make the changes in their own driving habits to help to make our roadways safer. As we continue on through 2012, we're asking drivers to take a look within and to make the necessary changes behind the wheel to help to reverse this increasing trend.

"The Council will be keeping a close eye on our monthly traffic fatality estimates," said Janet Froetscher, president and CEO of the NSC.

In addition to taking the lives of our loved ones, traffic accidents present a significant cost in the medical expenses, administrative expenses, national costs in lost wages and productivity, property damage and employer costs. The most recent statistics concluded that these accidents cost the country nearly $260 billion in just 2011.

It's not too late though! Drivers are asked to shape up their behavior on our roadways. When you're behind the wheel you should have one thing on your mind and one thing only -- driving! All too often, drivers are more caught up in other activities, like making phone calls, text messages and checking emails. There's a time and a place for everything and there's only one thing to do behind the wheel. Work to make the changes in yourself and work to make our roadways safer for everyone. It's not too late to turn this statistic around. We can still make this year a year for the books, with the lowest number of fatal accident on record. Start today and make the change!

Risks of Car Accidents in Rock Hill and Elsewhere Up through Memorial Day

Tue, 15 May 2012 10:09:35 -0500

Millions of Americans are planning on hopping in their vehicle in route to a Memorial Day destination. During the long weekend, the National Safety Council (NSC) is predicting that there will be more than 400 roadway fatalities from car accidents in Rock Hill and elsewhere. Experts predict that another 42,000 people will be injured in auto accidents over the long weekend.

For statistic keeping purposes, the Memorial Day holiday weekend is defined as the time between 6:00 p.m. on Friday, May 25th through 11:59 p.m. on Monday, May 28th.

Experts believe that close to 150 people may survive these holiday accidents because they will be wearing a seat belt. Experts also predict that nearly 100 additional lives could be saved if every motorist were to wear a seat belt.

Our Rock Hill injury lawyers understand that this holiday weekend typically sees a near 12 percent increase in the number of fatal accidents compared to similar non-holiday weekends. An increase in roadway traffic significantly increases the risks for an accident. Drivers are asked to be safe behind the wheel and safe during their Memorial Day travels. During this time, officers nationwide will be on our roadways in search of motorists who aren't buckled up. This is all a part of the annual "Click It or Ticket" campaign. The campaign is taking place from May 21st through June 3rd. During this time, officers will also be on the hunt for drivers who are displaying dangerous driving habits behind the wheel and for motorists who aren't buckled in.

Be safe out there, not only to avoid a costly citation but to help to avoid a potentially fatal accident.

To help to keep your Memorial Day holiday weekend travels safe, the NSC is stepping in with a few simple safety tips. Motorists are urged to review these tips and to share them with friends and family members. Safe driving habits can help to keep you safe over this dangerous weekend on our roadways.

Safe Driving Tips:

-Curb all of the distractions. We're going beyond cell phones and text messaging devices and asking drivers to refrain from eating, smoking, drinking and engaging in activities with passengers while in the driver's seat. Distractions take your mind off of the road and increase your risks for an accident.

-Make sure that everyone in your vehicle is wearing a seat belt. You should keep child passengers under the age of 12 in the proper child safety seat and in the back seat of the vehicle.

-Our roadways will be congested. Leave for your destination with plenty of time to spare to avoid rushing on our roadways.

-Drive defensively. Avoid tailgating and be aware of your surroundings.

-Make sure you get plenty of sleep before getting behind the wheel. You never want to allow drowsiness, frustration or other emotions to take hold of you while driving.

Arnold v. Wallace Discusses Medical Evidence in North Carolina Car Accident Cases

Sat, 12 May 2012 15:43:28 -0500

If you have been involved in a North Carolina car accident, you may be confused over what you must do to prove your case. This is why it is so important for you to have an experienced North Carolina injury attorney guiding you to the award you deserve.

Recently, the Virginia courts clarified confusion surrounding the admissibility of medical evidence in a court case arising from a car accident. See Arnold v. Wallace. This case arose in 2005 when Mary Arnold (plaintiff) was involved in a car accident with Jonathan Wallace (defendant). The defendant was an uninsured driver and was the at-fault party to the accident.

Plaintiff entered a claim with her insurance company because she did have uninsured motorist (UM) coverage in her car insurance policy. Additionally, the plaintiff filed a personal injury lawsuit based on the theory of negligence. Negligence is the most common contention in personal injury lawsuits. In order to prove a case for negligence, the plaintiff has the burden of proving all of the four elements of a negligence claims.

First, the plaintiff must prove that the defendant owed the plaintiff a duty of care. This duty of care is usually measured by what a reasonable person in similar circumstances to the defendant's would do. Next, the plaintiff must show that the defendant breached this duty of care to the plaintiff. The third element is the critical element in car accident cases. This is that the plaintiff must show that the defendant's breach was the direct and proximate cause of the plaintiff's injuries. Basically, the plaintiff must show that but for the defendants' breach of duty, she would not have her current injuries. Lastly, in a negligence claim the plaintiff must show that she suffered damages.

In order to prove the causation element of her case, the plaintiff called her treating physician to the stand. This doctor testified that the plaintiff was suffering from bone edema, spinal stenosis and post-concussion syndrome. This doctor testified that it was in his opinion to a medical degree of certainty that the plaintiffs injuries were caused by this car accident she was involved in which was caused by the defendant.

However, the issue in this case arose when the defense cross examined the plaintiff's doctor. The doctor's general practice was to keep a chart on each of his patients. He was not the only member of his staff to see his patients; thus, when a member of his staff met with the patient they would record their medical opinions and impressions on this client chart.

In the plaintiff's chart there were entries that stated that it was of the impression of one of the doctor's staff that the plaintiff had a degenerative back condition that was present before the car accident with the defendant. The defense moved to enter the plaintiff's medical chart into evidence; however, the plaintiff's counsel objects.

The court in this case overruled the objection holding that where a medical record is regularly and customarily kept during the course of business, it will be admissible under the business record exception to the hearsay rule of evidence.

Thus, because this court allowed the defense to enter this medical chart into evidence, the plaintiff was unable to prove that it was more likely than not that her back conditions were the result of the car accident with the defendant. The plaintiff was only able to recover a minimum amount in damages.

Laws v. McIlory Analyzes the Time Limits in North Carolina Personal Injury Cases

Wed, 09 May 2012 20:16:15 -0500

Carolina car accidents are very common. But what is so often overlooked is that from the moment the car accident occurs, the clock begins to tick in regard to your legal case against the responsible party.

It is essential to have an experienced Carolina injury attorney guiding you through the legal process to get you the benefits you are entitled to.

The legal process is guided by a strict timeline codified through statutes. Every individual area of the law within a state has a time limit to how much time the plaintiff is given to bring a cause of action in court. These time limits are called statutes of limitations. A critical part of these statutes is where each state defines when the clock begins to run on your claim.

In personal injury cases that arise because of a car accident, courts have found that the plaintiff has two years from the date of the accident to bring a claim. If a plaintiff fails to sue the at-fault party within the two years allotted in statute, the plaintiff losses the right to sue that party over the car accident that occurred over two years before.

Laws v. McIlroy is a recent car accident case out of Virginia that delves into the area of this personal injury statute of limitations. Carmen Tinker was driving a car with Lisa Laws as a passenger. Calvin McIlroy Jr. (Junior) was negligently driving his father's car causing him to rear-end the car where Tinker and Laws (plaintiffs) were traveling in. Plaintiffs suffered from physical injuries and property damage.

Plaintiffs sued Junior for negligently driving his father's vehicle. Also, plaintiffs sued Calvin McIlory Sr. (Senior) for negligently entrusting his vehicle to Junior. Senior knew that his son was a reckless driver, and failed to stop Junior from driving his vehicle.
The problem in this case arose because the car accident occurred in June of 2007 but did not bring their lawsuit against the defendants until over two years had passed.

Defendants argued that the plaintiffs were barred from bringing their claims because the state of Virginia has a two year statute of limitations in personal injury cases arising from car accidents. Furthermore, the defendants argued that because the plaintiffs had failed to bring their claim within the two years, the plaintiffs lost their right to sue.

Plaintiffs countered this argument by claiming that because they had filed a nonsuit within the two years after the car accident, they had an additional six months to re-file their cause of action. This argument was hinged on the state statute governing tolling. Tolling is a phrase used to describe state statutes that allow for the statute of limitations clock to be paused or delayed. This means that states allow for suits to be brought after the two year statute of limitations has run where the plaintiff filed nonsuit.

Nonsuit is used to describe the plaintiff's right to make an agreement not to continue with a lawsuit which they have already filed. This right is not a plaintiffs guarantee not to bring a cause of action in the future, it just means the plaintiff has no intent to continue with the court proceedings at that time.

In Virginia, where a plaintiff enters nonsuit the plaintiffs are given the open option to reassert their case within six months from the time they entered the nonsuit. Because the plaintiffs in this case properly entered nonsuit, they had six months to reassert their claim even if the original two year statute of limitations had run. Plaintiffs reasserted their rights and brought their case within those six months; therefore, the court in this case held that any prior dismissal of the plaintiffs' claims was reversed and the case was remanded to the lower court for proceedings on the merits.

Swartzbaugh v. Encompass Ins. & North Carolina Auto Insurance Coverage

Sun, 06 May 2012 21:32:34 -0500

Car accidents are very scary. But, what is even scarier is dealing with the insurance companies in the aftermath of a car accident.

If you have been involved in a car accident in North Carolina, you need an experienced North Carolina injury attorney advocating for your rights.

Insurance companies make the purchasing of car insurance a confusing and complicated process. There are so many types of insurance and policy limits you can purchase. As with most things, the higher your insurance premium, the more coverage. But what happens when you cannot afford more insurance?

Swartzbaugh v. Encompass Insurance Company of America addresses the questions involved within the insurance process. Every state has different laws surrounding car insurance limits and requirements, but many states have adopted the requirement that drivers purchase insurance coverage before they can drive their car. The reason for this mandatory insurance coverage is to safeguard property and medical coverage for those who are involved in car accidents.

There are different types of car insurance offered by insurance companies. These types include: liability insurance coverage; personal injury coverage; coverage for property damage; under-insured motorist (UM) coverage; and personal injury protection (PIP) coverage. States impose laws that specify the minimum policy limits required for each area of insurance. Drivers are then given the option of whether they want to pay more money monthly in order to purchase additional coverage or higher policy limits.

Swartzbaugh is a case involving the language of a car insurance policy. Mrs. Swartzbaugh was the person in her family responsible for purchasing and paying for car insurance. She and her husband (plaintiffs) purchased their car insurance from a local insurance broker. This coverage was provided by Encompass Insurance Company of America (defendant) and covered three vehicles for the plaintiffs and their daughter Kelly. Upon purchasing this policy, plaintiffs decided not to purchase the additional policy limits available with defendant. A waiver required the signature of the "first named insured." Mrs. Swartzbaugh signed this document and left her family with minimum insurance in case of an emergency.

Subsequently, Kelly was the passenger in a vehicle that was involved in a car accident caused by an under-insured driver. Kelly was injured and needed compensation to pay for medical expenses. The under-insured driver's insurance company gave Kelly the policy limits available on the under-insured driver's policy. However, when Kelly attempted to collect benefits from her insurance company, she was denied because of the waiver the plaintiffs had signed.

Defendant argued that Mrs. Swartzbaugh was the "first named insured" and because of this she had the authority to sign this waiver binding both parties. Through this signature, the additional rights of all of the three insured's were limited.

Plaintiffs argued that the "first named insured" should be extended to the name of the person involved in the incident and therefore, the imputation of this term on Mrs. Swartzbaugh was incorrect.

The court in this case found that for insurance purposes, the term "first named insured" refers to the person listed on the policy that purchases and manages the relationship between the insured's and the insurance company. It would be unfair to apply this term to the first person listed on the policy because this could change and that would be arbitrary.

Because the mother was the "first named insured" she had the authority to waive additional benefits and limit Kelly's right to compensation from her insurance company.

Motorcycle Accidents in Asheville and Elsewhere Draws Attention of Statewide Organizations

Sun, 06 May 2012 08:11:05 -0500

The number of motorcycle rider fatalities in the state of North Carolina may have dropped from about 170 in 2010 to roughly 140 in 2011, but safe driving advocates are still worried of an increase with the coming season.

As we head into the Month of May, the risks for motorcycle accidents in Asheville and elsewhere are expected to skyrocket. Every year, the month of May records some of the most motorcycle accidents, more than any other month out of the year. That's why safe driving advocates use the month of May as Motorcycle Safety Awareness Month. It's a month-long campaign that is used to raise awareness about our two-wheeled friends on our roadways and to ask motorists to be more cautious when traveling near bikers. To help to spread this message, the North Carolina Governor's Highway Safety Program and the Marine Corps recently joined their efforts together to spread a little education.

"We want to invest all the time, effort and resources we can to promote safety," said Brig. Gen. Thomas A. Gorry, Marine Corps Installations East.

Our Asheville motorcycle accident lawyers understand that motorcyclists face some of the most severe risks for injury and death in the event of a collision. In an accident, motorcyclists are injured or killed 80 percent of the time while occupants of passenger vehicles are only injured or killed about 20 percent of the time. Motorcyclists are provided with virtually no protection in comparison to the protection provided to the occupants of passenger vehicles. That's why we are asking drivers to be cautious when traveling near these vulnerable motorists. With safe and alert driving habits, we can all do our part to make our roadways a little bit safer for everyone.

Through the efforts of the North Carolina Governor's Highway Safety Program and the Marine Corps, a motorcycling event was held at Bogue Field in Carteret County. The event included an obstacle course to test bikers' skills. There was also a motorcycle rodeo. It was focused on helping motorcyclists to better protect themselves on our roadways.

This motorcycle safety event has been taking place every year since 2009 and is held each year to correspond with Motorcycle Safety Awareness Month.

The two organizations joined together after the state of North Carolina saw a steep increase in the number of motorcycle accidents and fatalities back in 2008, many of them were seen in eastern part of the state.

Gorry says that since the launch of the partnership, the number of motorcycle accidents has decreased by nearly 50 percent.

Motorcyclists account for less than 5 percent of the registered vehicles in the state, but they account for nearly 15 percent of all of the motor vehicle-related fatalities. Education and awareness is the most beneficial way to help to reduce these numbers.

Car Accidents in Charlotte and Elsewhere Likely with Cinco de Mayo and Kentucky Derby Weekend

Sat, 05 May 2012 07:20:06 -0500

It's a big weekend! We're not only able to celebrate Cinco de Mayo, but we'll also get to enjoy the Kentucky Derby, too.

Local bar owners, like Thom Perez of Hickory Tavern, understand that these events bring in big business. As a matter of fact, Perez says that he recent sent out mass emails over the weekend urging residents and visitors to come in and join him and his staff on this exciting and popular double holiday, according to the Gaston Gazette. He and other local bar owners are thankful that both of these events fall on a Saturday, making it awfully convenient for party goers and for business owners. This is especially important to the restaurants and bars that rely in the sales of alcohol to keep their doors open.

With all of the local bar and restaurant owners pushing specials for the big weekend, we're asking all celebrators to make sure they party responsibly. There's no reason not go out, grab a few drinks and celebrate good times with good friends. We're just asking everyone to find a safe ride home and to take the proper safety precautions to avoid a potentially fatal alcohol-related car accident in Charlotte and elsewhere.

Holidays bring about some of the highest risks for these kinds of accidents on roadways nationwide. Our Charlotte car accident attorneys are asking everyone to plan out a sober ride home. Mothers Against Drunk Driving (MADD) and our injury attorneys are here to offer you a few safety tips to help make your Cinco do Mayo/Kentucky Derby celebrations injury free!

Beer distributor, Carolina Premium Beverage in Concord, is seeing exactly how restaurants and bars in the area are gearing up for the big-sales weekend. Alcohol orders have doubled in just the last few days.

"Everybody's loading up as we speak," said Sales Manager Jason Dunn.

If you're planning on going out and drinking for this weekend's festivities, you're urged to head out with a plan. You're urged to take the following safety tips to avoid getting behind the wheel after consuming alcohol.

Safety Tips from MADD:

-Make sure you have a designated driver before you head out. Make sure that your designated driver has nothing to drink. A designated driver isn't the person who has had the least to drink.

-If you're left without a designated driver, call a family member, call a friend or call a cab to get you home safely.

-If you can't get a hold of anyone who is sober, stay over at a friend's house.

-If you see someone you know who has been drinking and is attempting to drive, make sure you step in and grab their keys from them. Don't ever let anyone you know drive after consuming any amount of alcohol.

The Role of Foreseeability in Carolina Car Accident Cases Discussed in Blood v. VH-1 Music

Tue, 01 May 2012 14:20:41 -0500

Knowing who is responsible for your Carolina trucking accident is not easy. Our experienced Carolina injury attorneys can guide you in proving who is responsible for your injuries.

A recent Seventh Circuit case delves into the components of proving negligence in a personal injury lawsuit. Blood v. VH-1 Music First, et al., No. 10-3729 (7th Cir. Feb. 9, 2012). This case arose where an MTV Networks commercial truck being driven by Dennis Hernandez (Hernandez) made an illegal u-turn in the median of a busy highway in Illinois. This illegal u-turn caused a severe accident between other cars on the highway that tried to avoid Hernandez. As a result of this accident, the highway was backed up in a traffic jam that lasted for four to five miles.

The accident caused by Hernandez occurred around five p.m. At nine p.m. there was still traffic on the highway. Paul and David Blood (plaintiffs) were traveling towards the end of the traffic jam and they began to slow down. Milinko Cukovic (Cukovic) was driving a commercial truck for T.E.A.M. Logistics (Logistics) and was traveling behind the plaintiff's vehicle. Cukovic failed to see the plaintiff's car slow down causing him to collide into the rear of the plaintiffs' car. This collision was so severe that it left Paul Blood deceased and David blood seriously injured.

The plaintiff's mother acted as their representative and sued Cukovic, and Logistics in a personal injury lawsuit. Logistics believed that Hernandez had created the traffic jam which killed and injured the plaintiffs; therefore it entered a third-part complaint claiming negligence against several parties including Hernandez and VH-1 Music First (Hernandez defendants). Plaintiff's then amended their complaint to include the Hernandez defendants in this personal injury lawsuit.

Plaintiffs settled their case against Cukovic and Logistics outside of the court. Therefore, the case that remained was the plaintiff's negligence claim against the Hernandez defendants. Negligence is a legal theory applied in civil wrongs to describe behavior that was reckless and careless. When a plaintiff brings a lawsuit claiming that the defendant was negligent, the plaintiff has the burden of proving that it was more likely than not that the defendant was negligent. The elements that must be proved are that the defendant had a specific duty of care requirement, then that the defendant breached this duty of care, next that the defendant's breach of duty was the actual and proximate cause of the plaintiff's injuries, and lastly there were damages.

The district court was the original court to hear this case. It entered summary judgment for the Hernandez defendants because it found that the plaintiff had not proved that the illegal u-turn of Hernandez was the cause of the injuries the plaintiffs suffered. The plaintiffs appealed this district court summary judgment leading to this circuit court decision.

Summary judgment should only be found in cases where there is no material fact in dispute. This means that summary judgment can be granted where there is no way that a reasonable jury could find in favor of either party because the evidence is lacking as to the elements of the case.

In order to find whether the trial court properly entered summary judgment, this court had to analyze the issue of causation. To prove that the defendant's actions were the proximate cause of the plaintiff's injuries, the plaintiff must show that the breach of duty by the defendant was a substantial factor of the plaintiff's injuries. Additionally, the plaintiff must show that a reasonably prudent person in the same situation as the defendant could have foreseen that the plaintiff could be injured as a result of his actions. Also, the plaintiff must show that the type of injuries or death sustained by the plaintiffs was also foreseeable.

The plaintiffs failed to show the court that Hernandez and/or his employer could have foreseen the death and serious injuries to the Blood sons when Hernandez made the illegal u-turn causing the first accident. Because of this failure to prove the elements of negligence, the circuit court affirmed the district courts summary judgment.

North Carolina Car Accident Attorneys: Drivers Use Your Blinkers!

Tue, 01 May 2012 06:42:49 -0500

Safe driving advocates have got their eye on a new roadway danger. It's drivers who don't use their blinkers. It might sound a little silly, but it's causing way too many accidents on roadways nationwide.

According to a recent study from the Society of Automotive Engineers, about 2 million auto accidents are caused every year because of drivers who fail to use a turn signal. The recent study concluded that drivers fail to use their blinkers about 50 percent of the time when changing lanes and about 25 percent of the time when making a turn. All of this neglect causes about 750 million car accidents in Asheville and elsewhere every year.

Why drivers do this is still up in the air. Is it because drivers are lazy, because there's a lack of courtesy on our roadways or do they just not know any better? According to Ray LaHood with the USDOT, that's more than twice as many accidents that are caused by distracted driving and it needs to be stopped.

Our accident lawyers understand that there are many reasons for car accidents on our roadways. They're oftentimes caused by distracted driving, by drunk driving, by aggressive driving and by other irresponsible driving habits. It's alarming that drivers ignore so many safety precautions behind the wheel. The turn signal is such a simple device and has the potential to be able to prevent so many car accidents, yet drivers continue to disregard the technology. It's a move many experts may never understand.

There's one thing that can't be argued and it's that turn signals are ubiquitous, simple and completely effective. Still, there's an alarming lack of compliance among drivers and the use of these devices. The truth of the matter is that drivers have an obligation to use these devices, just as they have an obligation to follow every other road law.

Some evidence reveals that drivers are unlikely to comply with blinker usage because enforcement of this maneuver isn't on the top of law enforcement's list. Until police officers shift their priorities and focus on blinkerless drivers, the study suggests that car manufacturers grab hold of the "Smart Turn Signal."

The "Smart Turn Signal" is a lot like the seat belt warning found in newer vehicles. It would help remind drivers, who aren't using their signals when needed, that they should start doing so. The warning would be a flashing light on the dashboard or a small beep. It would also help to shut off signals that are not being used, much like how they shut off after a turn.

"This breakthrough represents a perfect opportunity to significantly reduce multi-vehicle crash rates, reduce vehicle cost and make driving a lot more friendly and courteous across the U.S.," said Ponziani.

School Bus Accident in Anderson Injures 12-Year-Old Rider

Mon, 30 Apr 2012 14:26:19 -0500

A school bus accident in Anderson sent a young bus rider to the hospital after the bus driver failed to yield and slammed into a minivan. On the bus were nine Glenview Middle School students. A 12-year-old was taken away in a neck brace to the AnMed Health Medical Center, according to the South Carolina Highway Patrol. The accident happened shortly before 4:30 p.m. on the day before the school district kicked off its week-long spring break.

According to Independent Mail, the bus driver was leaving the school's parking lot, pulling out onto Old Williamston Road, when she pulled out and slammed into a minivan. The minivan was driven by a teacher at the school. According to Sgt. Bryan McDougald, speed was not a factor in this accident.

Our Anderson personal injury attorneys understand that parents throughout the city rely on school buses to safely transport their children to and from school each day. We trust that bus drivers will drive safely, abide by road laws and help to keep our kids safe. Unfortunately, school bus accidents happen. It's inexcusable when these kinds of accidents happen because of negligence on the bus driver's behalf.

School buses are the largest type of mass transit in the country, offering nearly 10 million student trips each year. That's about twice as many passenger trips that are provided by transit buses across the U.S. About half a million school buses help to get nearly 25 million students to and from school, sporting events and other school-related events each year.

Since 1990, nearly 1,500 people have been killed in school bus-related traffic accidents. Nearly 70 percent of the fatalities in these accidents were of occupants of other vehicles, about a quarter was bicyclists or pedestrians and another 9 percent were the passengers in the bus.

Every year, nearly 30 school-aged children are killed in school bus accidents. It's not just the school-aged passengers that are at risk either. Many times, these students are involved in accidents before and after boarding the bus. Of the 30 yearly fatalities, about 20 die in pedestrian-related accidents, roughly 15 are killed by school buses and the last 10 are killed by other vehicles involved in a school bus accident.

To help keep our young students safe before, during and after their school bus rides, the South Carolina Department of Public Safety is here to offer parents and students with a few simple safety tips.

Safety Tips:

-Wait for the bus at least 10 steps away from the road.

-Arrive at least 5 minutes early.

-Only approach the bus once the bus driver has signaled the okay.

-When crossing in front of traffic, make eye contact with drivers before proceeding.

-Once you get on the bus, sit down and use an inside voice. No yelling or standing.

-Keep hands and other objects away from the window.

-Always listen to the bus driver.

-Be ready when the bus is approaching your stop. Gather your things. Stand up once the bus has come to a complete stop.

-If you drop something near the bus, tell the driver. Don't bend down and get it!

-Step away from the roadways once you've exited the bus.

-Never walk behind the bus.

B.R.A.K.E.S. Fighting Risks of Car Accidents in Asheville and Elsewhere among Teen Drivers

Thu, 26 Apr 2012 11:20:33 -0500

A North Carolina mother is bringing a popular and effective driving program, B.R.A.K.E.S. (Be Responsible and Keep Everyone Safe), to this part of the Carolinas. She decided she wanted to expand the program and offer it to local teen drivers after losing her two sons in a car accident near Asheville just a year ago.

The mother, Wanda Laslie, says there's nothing she can do to bring her sons back, but with the safe driving program she has expanded she's hoping to spare another parent her pain, according to LEX18.

In the accident report from her sons' accident, law enforcement officers conclude that the vehicle was going nearly 150 miles per hour when it veered off the road and head-on into a tree. Her two sons and a third passenger were in the car when it all happened. All three died.

Our Asheville car accident attorneys know all too well the consequences of erratic driving. Every day, there are thousands of car accidents caused by irresponsible driving habits. What's saddest about it all is that these accidents are 100 percent preventable with a little bit of awareness and caution behind the wheel. It's just getting drivers to exercise that caution and awareness that's tough.

Back in 2008, Doug Herbert felt the same pain as the North Carolina woman. He lost two sons in a tragic car accident as well. It was his pain that kicked off the launch of the B.R.A.K.E.S. driving program. Shortly after the launch of this program, it established a mission statement to help to prevent injuries and help to save young drivers' lives by training and educating our young ones and their parents about the importance of safe and responsible driving habits.

Since 2008, the program has been able to reach nearly 5,000 students in nearly 20 different states and 2 countries. In 2011, B.R.A.K.E.S. has conducted programs in five new states including both North Carolina and South Carolina. Now, this program has specifically been launched in our area, helping to keep teens safe on our roadways.

According to the Centers for Disease Control and Prevention (CDC), car accidents are the number one cause of death for teenagers in the United States. In 2009, eight teens in this age group were killed every day in these kinds of accidents. As a matter of fact, per mile driven, they're more likely than any other age group to be involved in a fatal accident.

In 2009, roughly 3,000 teens were killed in traffic accidents. Another 400,000 were taken to emergency departments for injuries suffered in the same instances.

Although teens account for less than 15 percent of the country's population, they accounted for about a third of the total costs of motor vehicle injuries.

Speeding Driver Kills Passenger in Union County Car Accident

Wed, 25 Apr 2012 10:26:22 -0500

A recent speed-related car accident in Union County killed a local motorist. According to WCNC, the accident happened as the driver slammed his vehicle into the back of parked roll-back tow truck. Troopers with the North Carolina Highway Patrol say that the accident happened on Ansonville and Anustin Chanel Road around 3:00 p.m. After colliding with the tow truck, the passenger vehicle ended up in an empty field nearby as the driver fled the scene of the accident. He was later picked up by officers round 5:00 a.m.

"We usually don't have to do our own [tows]," said Scott Propst, Crossroads Body Shop of Wingate owner.

Our Charlotte car accident attorneys understand that tow trucks and other roadside vehicles pose serious threats to motorists. Luckily, these threats can be minimized with just a few simple safe driving habits. According to this recent accident report, the driver lost control of the vehicle and slammed into the tow truck as it sat on the side of the road. Officials report that the collision was so forceful that it forced the 15,000 pound truck to move.

The driver, 23-year-old local, was later located and is now facing charges of involuntary manslaughter. His 22-year-old passenger died in the wreck.

According to Trooper W.L. Winchester, the driver was probably going around 90 mph when the accident happened. Officials do not believe that alcohol played a role in this accident.

According to the United States Census Bureau, there were more than 33,800 traffic-related fatalities across the United States in 2009. Of these car accidents, nearly 11,000 of them happened in an accident that involved a speeding driver. In the state of North Carolina, more than 500 of the 1,300 fatal car accident fatalities involved a speeding driver.

When a driver increases their speed behind the wheel, they're simultaneously increasing their risks for death in the event of an accident. The faster you're traveling at the time of impact, the higher your chances are for death. Drivers are asked to slow it down and abide by the posted speed limit, a limit designed to keep you safe behind the wheel.

According to SmartMotorist.com, traffic engineers look at each roadway and its traffic flow to determine the maximum speeds allowable for safe travel on that particular roadway.

Speeding is a deliberate and calculated behavior where the driver knows the risk but ignores the dangers. According to recent polls, about 90 percent of drivers speed at some time in their lives, about three quarters of drivers admit to doing so regularly. We're asking all motorists to be cautious and mindful of their speed on all roadways across the state. Speed is a dangerous thing to flirt with and accidents involving this bad driving habit oftentimes return fatal results. Be cautious and drive the speed limit to help to prevent serious and fatal accidents on our roadways.

North Carolina Car Accidents: A Look at Thompson v. Nguyen

Mon, 23 Apr 2012 10:04:58 -0500

If you have been involved in a Carolina car accident, it is important to have a Carolina injury attorney advocating for your rights.

Thompson v. Nguyen is a recent car accident case out of Mississippi. Thompson (plaintiff) was in her vehicle stopped at a red light. Nguyen (defendant) stopped behind Thompson. While stopped at the red light, defendant reached for her purse and upon doing that her foot slipped off of the brake. Nguyen's car then bumped into Thompson's car causing a very minor car accident. Neither of the cars were damaged so upon trading drivers information, the parties left the scene of the accident without calling the police. Thompson later called the defendant to request that they go to the police station to get a police report for their insurance providers. Nguyen agreed and the police report was completed.

After a few days of neck pain, plaintiff went to see her doctor, Dr. James Martin (Martin). Martin was already treating plaintiff for migraines, but the plaintiff's complaints about the neck pain were new. The MRI that was conducted on the plaintiff's neck showed disc bulges that were a sign of a preexisting degenerative-disc disease. Martin ordered plaintiff to have a neck x-ray, an ultrasound and treatment from a physical therapist.

Plaintiff received physical therapy for two years, at which time her discomfort and pain did not stop. Plaintiff complained that she was suffering from neck pain, insomnia, depression and headaches. The physical therapist then referred plaintiff to a neurosurgeon, Dr. Kesterson (Kesterson). Upon evaluating the plaintiff, Kesterson conducted a surgery on plaintiff's neck to treat her abnormal disks.

Plaintiff sued defendant claiming that the defendant had been negligent and this negligence caused her neck injuries. Defendant admitted that she was at fault but she argued that the minor accident could not have caused such extensive neck injuries.

The basis of most car accident cases is negligence. Negligence is used to describe a civil wrong where a person fails to act as a reasonably prudent person would in the similar circumstances. It is not a requisite that the act be intentional, only that the person be acting with recklessness or carelessness. The plaintiff in the case has the burden of proving all of the four elements of negligence by a preponderance of the evidence, which means that it is more likely than not. The four elements of negligence that the plaintiff must prove are that: the defendant had a specific duty of care; the defendant breached the duty of care required; this breach was the direct and proximate cause of the plaintiff's injuries; and that there are provable damages.

When medical experts testify as to the causation of a parties injuries, they must show with reasonable medical probability that the parties symptoms were caused or aggravated by an accident caused by the defendant.

The medical experts plaintiff offered testified that the migraines and disc bulges were present before the car accident with the defendant. Also, the experts testified that because the degenerative-disc disease was preexisting the car accident had not caused the disc bulging but may have only aggravated the disease. Furthermore, the experts who testified had no knowledge of the circumstances of the accident only the medical condition.

With evidence presented that the plaintiff had been in a prior accident with a drunk driver, the defense argued that the plaintiff had failed to prove that the accident plaintiff had with the defendant caused these injuries.

Where there is insufficient proof of causation, the court asks a jury to determine the amount of damages the plaintiff is entitled to, if any. In this case a jury granted the plaintiff only the amount of physical therapy and no additional compensation.

Enforcement Effort to Cut Down on Car Accidents in Asheville and Elsewhere: Results Released

Thu, 19 Apr 2012 09:50:59 -0500

Local and state law enforcement officers were able to cite nearly 14,000 drivers for speeding during the "No Need 2 Speed" safety campaign that ran from the 2nd through the 8th of April, according to the North Carolina Department of Transportation (NCDOT). During this time, more than 39,000 citations, both traffic and criminal, were issued across the state. Officers targeted speedy drivers to help to reduce the risks of car accidents in Asheville and elsewhere. All too often, speed is a top contributor in serious and fatal accidents.

"State and local law enforcement agencies made a tremendous effort to make our highways safer and to remind motorists to obey the speed limit during this campaign," said Becky Wallace, the director of the Governor Highway Safety Association (GHSA).

Our Asheville car accident attorneys understand that drivers were busted for more than just speeding. There were also nearly 3,000 seat belt citations, more than 425 child passenger citations and more than 1,000 drug charges handed out. That's not all, if you can believe it. There were also more than 50 stolen vehicles recovered and more than 800 fugitives apprehended. Officers weren't going easy. If you were breaking the law, then you were getting busted.

In Buncombe County, there were:

-Seven checkpoints administered.

-Ten saturation patrols.

-Nearly 80 checkpoints and patrols.

-Nearly 20 DWI charges handed out.

-More than 5 seat belt violations.

-Two child passenger violations.

-Nearly 10 passe4nger restraint charges.

-More than 15 drug charges handed out.

-A dozen arrested fugitives.

-Nearly 20 additional criminal charges.

-Nearly 60 citations for speeding.

-Nearly 20 with DWLR.

-Nearly 5 busted uninsured motorists.

-Nearly 4 cited for reckless driving.

-Nearly 350 total traffic and criminal violations handed out.

In just 2011, there were more than 425 speed-related accident deaths on our state's roadways. In these accidents, more than 410 motorists were not wearing their seat belts at the time of the accident. Many of these accident fatalities could have been prevented if more motorists were to just buckle up. It's a simple and easy step that could save your life.

Preventing car accidents on our roadways is rather simple when you break it down. Motorists are asked to abide by roadway laws. These laws aren't here to slow down traffic or to cause a headache behind the wheel. Each and every roadway law is there to help motorists to stay safe. By simply abiding by the speed limit, wearing a seat belt and driving defensively, we can all do our part to help to reduce the risks of accidents on our roadways. Safer driving habits mean fewer traffic accident fatalities. Don't wait for a statewide campaign or a traffic ticket to get your driving skills into shape, do so today!