North Carolina Injury Attorney Blog

Juror Faces Criminal Contempt For Facebook Post

Mon, 30 Aug 2010 22:48:33 -0500

A young female juror near Detroit will face a contempt of court hearing this coming Thursday. Her crime? She defied a judge's Order that she not discuss the case on which she was sitting - a criminal trial against a 40-year-old Clinton Township resident charged with a misdemeanor and a felony for resisting arrest. Hadley Jons, 20 of Macomb County, Michigan, received the same warning as all of the other jurors chosen to hear the criminal trial. But, apparently, she was the only juror to post her thoughts about which way she would vote on Facebook.

On Facebook, Jons wrote that she was "actually excited for jury duty tomorrow. It's gonna be fun to tell the defendant they're GUILTY. :P."

The defense lawyer's son, Jaxon Goodman, found the post on-line on August 11th. The defendant's lawyer, Saleema Sheikh, informed the judge before court the next morning. The judge then questioned Jon's if she had posted anything about the case on Facebook. She originally denied it, but then she reportedly put her face down and failed to answer when the judge read the post out-loud in open court.

North Carolina Tractor-Trailer Driver Faces Lengthy Sentence For U-Turn

Fri, 27 Aug 2010 16:04:51 -0500

A North Carolina tractor-trailer driver is in jail in Jefferson County Wisconsin for making an illegal u-turn that caused a motorcyclist to crash into the side of the big rig and die.

Jeremy M. Pearce, 39 of Henderson, N.C., was charged with homicide by negligent operation of a motor vehicle following the crash he caused on Highway 16 near Hustisford Road in the town of Ixonia on August 16, 2010 at 1:10p.m. Pearce originally denied to investigators that he was trying to make a u-turn and claimed he was only trying to make a left hand turn on Hustisford Road, but investigators felt a u-turn was in progress given the location of the tractor trailer after the crash - it was parked across Highway 16.

When investigators interviewed Pearce a second time, he admitted that he was making a u-turn at the time of the deadly collision. He also acknowledged that it was against the rules of his truck company to make such a maneuver.

Guilford Teen Charged With Texting While Driving & Hit and Run

Mon, 23 Aug 2010 20:54:57 -0500

As safety advocates and parents continue to preach the dangers of texting while driving, teenagers continue to test the texting laws to the detriment and harm of everyone else. Last week, Justin Wallace, a 19 year old Connecticutt man, showed up in Superior Court to be formally charged with a host of minor crimes arising out of his texting while driving hit & run fiasco with a pedestrian.

In the early evening of July 24, Lori Walsh was walking single file with her dog and two children down Tanner Marsh Road. At the same time, Wallace was driving his father's 1997 tan Toyota Camry in the same direction as the mother and children were walking. Wallace was sending and receiving text messages on his cell phone as he drove down the road. He knew it was against the law but didn't think he would get caught.

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Fatal Crash On NC Highway 43 Near New Bern Blamed On Hydroplaning

Mon, 16 Aug 2010 20:42:00 -0500

Last Friday afternoon just after 4 pm, a 2004 Nissan Maxima driven by Temikia Gooding, 23, of Kinston, hydroplaned on a rain slick highway near New Bern, crossed the center-line, rotated counter-clockwise, and was struck by a large dump truck driven by Charles White, 49, of New Bern.

The front of the dump truck impacted the Maxima on the passenger's side of the vehicle. The driver of the Maxima and her passenger, Alsheen Wooten, 27, of Vanceboro, were killed in the crash. The truck driver reported that the Maxima suddenly crossed into his lane of travel, and that he did not have time to avoid the collision.

The Maxima was traveling north on NC Highway 43, and the dump truck was traveling south.The investigating North Carolina State Trooper concluded that the driver of the Maxima was driving too fast for the rainy conditions. The investigating Trooper indicated that no charges would be filed against the driver of the dump truck. Knowing what to do if your vehicle hydroplanes is critical for safe driving on wet roads.

Seatbelt Might Have Saved Asheville Teen's Life

Sat, 07 Aug 2010 19:14:03 -0500

Evan James Burchell, 18, died early last Sunday morning in a single vehicle car crash. Neither Burchell nor either of the other two occupants of the vehicle were wearing a seat belt. Burchell was riding as a rear seat passenger in a Mitsubishi driven by his friend Bristol Anderson, 19, of Leicester.

The accident happened when Anderson lost control of the car on Bear Creek Road off of Leicester Highway. First Sgt. Pat Staggs of the State Highway Patrol said the vehicle crossed the center line, ran off of the left side of the road and struck a tree. One of the other passengers is still in critical condition. Staggs said that the Highway Patrol is investigating whether excessive speed played a role in the crash, and criminal charges may be filed against the driver. Additionally, the driver may also face a civil lawsuit for wrongful death.

As I have discussed in prior postings, a wrongful death lawsuit is often brought by the deceased person's family against an at-fault driver. The motivating force behind such lawsuits is to deter the at-fault driver from committing such an act in the future, thereby preventing a similar tragedy from striking another family, and to act as a reminder for other drivers to act reasonably and not recklessly.

Laura Fortenberry's Death Should Lead Lawmakers To Change North Carolina Law

Sat, 31 Jul 2010 16:54:16 -0500

The recent death of a Gaston County teenager, Laura Fortenberry, age 17, should lead North Carolina lawmakers to change the current law regarding how long a convicted drunk driver must wear an ankle alcohol monitoring bracelet.

Last Sunday night, on the Dallas-Cherryville Highway around 9 p.m., a habitual drunk driver, Howard Pasour, 28, of Bessemer City, tried passing several vehicles on the two lane road. While making the passing maneuver, the drunk driver crashed head-on into the vehicle in which Ms. Fortenberry was riding as a passenger. Ms. Fortenberry was killed in the crash.

The drunk driver has three previous convictions for drunk driving. His last conviction for DWI was last year in 2009. When he got his driver's license back this time in November, 2009, a judge ordered that he wear a continuous alcohol monitoring bracelet so that authorities could keep track of his whereabouts and make sure that he was not driving drunk. So where was the monitoring bracelet?

Truck Strikes Motorcycle Near Rockingham, North Carolina on US 220

Mon, 26 Jul 2010 22:29:49 -0500

On Saturday afternoon, a pick-up truck driver failed to see an oncoming motorcycle before making a left hand turn and caused a severe collision. The pick-up truck driver, Doris Collins, 70, of Nicole Lane, in Rockingham, North Carolina was headed southbound on U.S. Highway 220 in Richmond County just before the crash.

A motorcycle driven by Doug Franklin, 35, of Greenfield Road, in Hamlet, North Carolina was headed northbound on U.S. 220. Also on the motorcycle was a young juvenile passenger.

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The northbound motorcycle had the right of way, but the southbound truck crossed into the oncoming lane and struck the motorcycle.

Winston-Salem Jury Awards $6 Million Against Sports Bar & Drunk Driver

Wed, 21 Jul 2010 10:58:36 -0500

A wrongful death claim brought by a Forsyth County, North Carolina widow on behalf of her deceased husband recently resulted in a $6,000,000 jury verdict. The case is Roadway Express and Constance Sue Horn, Individually and as Administratrix of the Estate of Mark Joseph Horn v. Mickey Joe Hayes and The Inzone, Inc.

In the early morning hours of March 7, 2004, Mark Horn drove his Roadway Express tractor trailer northbound on US Highway 52. At the same time, defendant Mickey Hayes, who had been drinking at The Inzone sports bar for several hours prior to entering the highway, was racing another vehicle headed northbound on US Highway 52. Witnesses reported observing the racing cars traveling at speeds over 100 miles per hour. As defendant Hayes came up behind Mr. Horn's tractor trailer, he attempted to pass him in the emergency lane on the right hand side of the highway.

As defendant Hayes got along side of the tractor trailer, both vehicles were approaching a bridge, and defendant Hayes veered in front and cut the tractor trailer off at the last minute. Mr. Horn swerved and crashed through the bridge, and his tractor trailer exploded and burst into flames as it impacted the roadway below the bridge. Mr. Horn died in the crash.

Four Witnesses Watched Trucker Hit Cary Motorcyclist on I-85

Sat, 10 Jul 2010 15:30:28 -0500

The North Carolina State Highway Patrol reported that four (4) separate witnesses called them about the horrendous crash caused by tractor-trailer driver Michael Gray Rigsbee, 38, of Creedmore. Rigsbee struck a motorcycle ridden by Sean Christopher Newman, 38, of Cary near mile marker 220 in Henderson, North Carolina. The collision sent Newman into the median. Newman was thrown from his motorcycle, and authorities say he was killed instantly.

Cary, NC Motorcyclist Killed By Hit & Run Tractor-Trailer Driver

Fri, 09 Jul 2010 17:23:15 -0500

Thursday evening, around 7 pm on I-85 southbound near Henderson, NC, a tractor-trailer driven by Michael Gray Rigsbee, 38, struck a motorcyclist. The impact near mile marker 220 caused Sean Christopher Newman, of Cary, to lose control of his motorcycle and crash into the median. The severe impact instantly and tragically killed Newman. Unbelievably, the truck driver did not stop after the collision.

North Carolina State Highway Patrol Troopers caught up with the criminal truck driver approximately 20 miles further down the interstate. State Troopers charged the truck driver with 2nd degree murder, careless and reckless driving, and felony hit & run. The truck driver is currently behind bars in the Vance County Jail under a $120,000 bond. Let's hope he stays there.

Defective Bicycle Sold In North Carolina Recalled By CPSC

Thu, 08 Jul 2010 09:33:39 -0500

As parents and students begin preparing for the coming school year, the Consumer Product Safety Commission (CPSC) announced a voluntary recall for a single speed bicycle sold by Campus Cruisers LLC of Boulder, Colorado.

Although the bicycle is popular among high school and college students, the CPSC has received several reports of crashes caused by the bicycle's front fork cracking and breaking. This type of front fork failure is extremely dangerous because such a break generally causes the rider to go head first onto the ground or pavement. Serious head and neck injuries can result from this type of crash. The bicycle was sold to independent bicycle dealers in North Carolina and in other states from March 2010 through May 2010. The cost of the bicycle was approximately $450. The bicycle was manufactured by a company in China.

Motor Vehicle Crashes Are Top Teen Killer In North Carolina

Sun, 04 Jul 2010 10:42:59 -0500

The leading cause of death for teenagers, ages 16 to 19, in North Carolina is motor vehicle crashes. This unpleasant statistic applies across the U.S. as well. In 2008, 9 teenagers died every day from injuries in car wrecks. More teens are killed in car crashes than in any other way. Thus far, almost all states have taken some action to try and reduce teen crashes. But the restrictions vary greatly from state to state.

In North Carolina, the state legislature implemented a graduated driver's licensing (GDL) law that restricts teenagers' right to drive. The law places more restrictions on younger drivers and eases those restrictions as the driver increases in age.

A recent study analyzing the hospitalization rates for teen drivers in North Carolina shows that the GDL system is working. Since the GDL program went into effect, the hospitalization rate for teenagers between 16 and 19 years of age has decreased. The study concluded that the decrease was due to reduced exposure to dangerous situations (e.g. several teenagers in a single vehicle) than to improved driving skills.

"Do As I Say & Not As I Do" - Adults Are Texting & Driving Too

Sun, 27 Jun 2010 00:15:54 -0500

A new national study by the Pew Research Center finds that adults are just as likely to have sent text messages while driving as teenagers, and adults are much more likely to have talked on their cell phone while driving when compared to teenagers.

While much attention has recently been focused on teen texting while driving due to several fatal crashes, it appears that adults are just as deserving of similar attention and education. The study's statistics are startling, and it makes this author think that we adults need to look in the mirror before we are so quick to judge our teenagers.

Two Critically Injured In Claremont Motorcycle Crash

Sat, 26 Jun 2010 13:20:33 -0500

On Thursday morning around 9:50 a.m., a motorcycle driven by Bruce Offenbacker, age 24, rocketed down NC Highway 10 at over 100 mph. On the back of the motorcycle was Offenbacker's 20 year old girlfriend, Jasmine Shope of Newton.

As the motorcycle approached the intersection of Bethany Church Road, Isaiah Edgell, 44, was stopped in his 1989 Mazda pickup truck facing west on NC Highway 10, waiting to make a left hand turn into the Country Market. Iredell County Trooper C.M. Trouille just happened to be sitting in his marked State Highway Patrol vehicle behind the stopped pickup truck. When the pickup truck began to make its left hand turn, the motorcycle collided with the passenger side of the pickup truck at a high speed and with substantial force. Trooper Truoille stated he never even saw the motorcycle before impact. This crash was orignally covered by the Hickory Daily Record. The following video is a good example of how this crash happened:

Stopping Asheville Teens From Texting While Driving

Sat, 12 Jun 2010 10:08:45 -0500

Most adults recognize the dangers associated with texting while driving, but many teens do not appear to appreciate how serious a danger it can be. The facts about distracted driving are startling:

1. Using a cell phone while driving decreases the amount of brain activity connected with driving by 37% (source: Carnegie Mellon);

2. More than 6,000 people were killed by distracted drivers in car accidents in 2008, and more than 500,000 people were seriously injured (source: NHTSA);

3. Drivers under 20 years of age are responsible for the vast majority of distraction related fatal collisions;

4. Texting drivers are five times more likely to cause a car accident serious enough to put themselves in the emergency room (source: Insurance Institute For Highway Safety); and

5. Using a cell phone while driving decreases a driver's reaction time to the same degree as having a blood alcohol concentration (BAC) of .08% - the legal limit in North Carolina (source: University of Utah).