North Carolina Personal Injury Lawyer Blog

Sleep Apnea and Truckers Equals A Dangerous Mix

Mon, 07 May 2012 12:11:14 -0500

Our experienced Charlotte truck accident lawyers know that big rig truckers work long hours to meet deadlines and many tragic accidents result from their not having had enough rest periods and sleep. When the stress and strain of their job is coupled with sleep apnea, it creates a lethal combination that can lead to catastrophic injuries and death to the driver and others.

Because of this, the Federal Motor Carrier Safety Administration is recommending higher standards for evaluating sleep apnea among drivers. To accomplish this, the administration is going to work with medical professionals and industry groups representing labor and safety to evaluate how to better control the problem, where it exists. This is a proactive awareness program to screen drivers and offer them treatment.

Sleep apnea is a medical disorder that causes an individual to have abnormal breathing or actually stop breathing during sleep. It is often accompanied by snoring and does result in fatigue and daytime sleepiness, to the extent that someone with the condition can fall asleep at their desk or while driving. Research has indicated that those with a BMI, a measurement of body fat based upon height and weight, of 35 or higher increases the likelihood of having sleep apnea.

The most significant problems the condition presents for truckers is in their ability to perform, such as drowsiness, fatigue reduced reaction time, driver inattention and distraction, among other things. In fact, a trucker with sleep apnea is 242% more likely to have an accident, according to Harvard Medical School professor, Charles Czeisler.

One firm, Schneider National, has instituted a program to detect drivers with sleep apnea and it reduced accidents by 30% and reduced the monetary costs of accidents by 48%, not to mention a dramatic savings of $539 in health care costs per driver per month.

Middle School Principal Entitled To Workers' Comp Benefits After Being Shot

Thu, 12 Apr 2012 10:37:45 -0500

Our North Carolina Worker's Compensation Attorneys understand that construction sites are dangerous places because of all the different contractors and employees performing their skills simultaneously. However, not all injuries on the job fit that mold.

In 2009, James A. Hunt, a Fairmont Middle School Principal, was driving to work and was on his cell phone (which the school district provided for him) discussing school business with a colleague when he was struck by a shotgun blast to the face and hand by an unknown assailant who had pulled up next to his car. Mr. Hunt suffered extensive injuries, resulting in several operations, including plastic surgery, to repair his right hand, teeth, mouth, and face. Police investigation did not result in the arrest of the perpetrator. He then filed his worker's compensation claim in 2009. Initially, his claim was denied, was later approved, and then wound up in the North Carolina Court of Appeals when his employer appealed.

Testimony in the case revealed that Mr. Hunt had been involved in anti-gang activities in his role as school principal and had actually been threatened by the parents of some of the middle school students. He was also concerned that some of the school staff members that he had previously disciplined may have wanted revenge. During his testimony, it was revealed that he received a travel allowance from the school in the amount of $594 two times a year, which was provided for in his employment contract.

The school district denied the claim based upon the "going and coming" rule, which would normally bar worker's compensation benefits for those injuries sustained while commuting to or from the job, and therefore the accident did not arise out of the course and scope of his employment as a middle school principal. A North Carolina hearing officer ruled in favor of Mr. Hunt and the North Carolina Industrial Commission on appeal agreed, saying that his injuries occurred while working and awarding temporary total disability benefits. The ruling was appealed to the North Carolina Court of Appeals by Mr. Hunt's employer, the North Carolina Department of Public Instruction, and Corvel Corporation (the third-party administrator). The Court ruled that since Mr. Hunt was required to be on call 24 hours a day, seven days a week, and that he was speaking with a colleague at the time of the shooting, and that such was a permissible use of the school provided phone, that the shooting did, infact occur during the scope and course of his employment, and as such, was a compensible injury. The court further ruled that since the provided travel allowance was used for communting expenses, the "going and coming" rule was inapplicable.

Dangers Lurk in North Carolina Day Care Centers

Wed, 11 Apr 2012 14:21:42 -0500

Our North Carolina Personal Injury Attorneys know that your child's safety and well being are of paramount importance to you while you are away at work and they are at your local day care center. Unfortunately, we see stories in the news everyday about children being mistreated, sustaining injuries and even killed while at their day care centers.

A few months ago, Charlotte Mecklenburg Police arrested three people in a drug bust at a home next door to the Tele-Time Academy day care center in East Charlotte. Desmond Nelson, 21, was charged with possession with intent to distribute cocaine within 300 feet of a school. He was also charged with related drug paraphernalia charges and weapon charges. Sekeena Woodward, 39, was charged with possession of marijuana and drug paraphernalia. A third person, Alexis Jackson, 29, was arrested on outstanding warrants that were not related to possession or distribution of drugs. Previously, parents of children at the day care facility had complained about being hassled by the people hanging out at the house next door.

In another case, a former day care center employee was charged with assaulting five children while employed at Kid's Korner Child Development Center in Kannapolis, North Carolina. The employee, Whitney Belk, was charged after parents complained to the center and police were alerted. Belk was fired from the day care center after she was caught on a surveillance camera mistreating five different children, according to Cindy Stack, the founder of Kid's Korner. After the charges were filed, Ms. Stack and her daughter, who runs the center, organized a parent meeting to discuss what had happened and to assure them that their children would be safe there. This was allegedly the first incident the facility had since its beginning in 1984.

Finally, a three year old Gaffney, South Carolina, girl was killed when she bumped into a pile of wood causing it to fall on her in the gym at West End Baptist Church. Tragically, she died after being airlifted to Spartanburg Regional Hospital.

Fiery Tanker Crash Shuts Down I-26 in Henderson County, North Carolina

Wed, 04 Apr 2012 18:21:47 -0500

While highway accidents are always bad news, our North Carolina truck accident attorneys understand that accidents involving an eighteen wheeler or some other large truck often result in substantial injuries, if not fatalities.

An eighteen wheeler tanker rig traveling eastbound crashed and burned on April 3, 2012 at 10:08 PM near mile marker 54 on I-26, close to Flat Rock, North Carolina in Henderson County. The driver of the truck was listed to be Allan Thomas Vandamme, 43, from Ontario, Canada by the Highway Patrol. He narrowly escaped death by crawling out of the cab of the truck before it was engulfed in flames and was taken to the Mission Hospital for treatment and observation. The accident occurred in a curve before the Peter Guice Memorial Bridge and the Highway Patrol has been unable to determine if speed, driver inattention or mechanical failure caused the accident however, charges are pending. Western North Carolina Haz Mat closed down I-26 in both directions and evacuated nearby residents, since the tanker was carrying sulfuric acid. Engineers will examine the bridge for damage done by the sulfuric acid or the intense heat from the fire, as reported by WSPA-TV.

North Carolina is ranked 6th in the United States for having fatal accidents involving eighteen wheelers. Make no mistake about it, being involved in an accident with a tractor trailer rig is a serious matter that often ends up inflicting victims with catastrophic injuries or fatalities. Whether the accident is a head-on collision, a rear-end collision, a sideswipe, a jacknife or a rollover, the physics involved in such a collision is mind boggling. A standard car, pickup truck or SUV generally weighs between 3,000 and 5,000 pounds. A fully loaded eighteen wheeler can tip the scales at around 80,000 pounds (40 tons) and when traveling at speeds between 55 and 70 miles per hour, tragedy is only a blink of the eye away. In an effort to reduce truck accidents, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has reduced the number of hours that professional drivers can work in a week in order to promote safety. Important provisions are: a reduction of the number of hours that truckers can drive from 82 hours in seven days, down to 70 hours; drivers cannot drive after working 8 hours without taking a 30 minute break and they can take a break whenever they need one during the 8 hour window. The final rule retains the current 11-hour daily driving limit. Companies that violate the 11 hour driving limit by 3 or more hours can be fined $11,000 per offense and the drivers themselves could be fined up to $2,750 for each offense.

North Carolina College Student Killed in Cullowhwee Accident

Tue, 27 Mar 2012 16:29:44 -0500

Stephanie Suzette Deese, a 21 year old from Monroe and a student majoring in psychology at Western Carolina University, was killed in an automobile accident in Cullowhee, North Carolina. The driver of the 2007 Hyundai, Alan Huneycutt, another student from Concord was seriously injured in the accident and taken to Mission Hospital. The Highway Patrol was on the scene investigating the accident, which occurred on Sunday, March 25, 2012 at around 1:10 PM on Speedwell Road near the university baseball field. It is unknown if driver distraction played any role in the accident but there was a baseball game being played. According to the investigation, the Hyundai left the roadway and went over an embankment, flipping and hitting a tree. Whether speed or alcohol played any part in the accident has not been released however, the speed limit was said to be 30 miles per hour. It is also unknown as to whether either party was wearing their seat belts.

Automobile accidents are one of the primary causes of death among college students. In addition to the feeling of invincibility that we all have had during those formative years, there are many factors that lead to conclusion that automobile accidents rank at the top of the list for college student deaths. One of those factors involves the use of I-Phones or other electronic devices to communicate with others, either by talking or texting. Another is attempting to get from one location to another in unfamiliar territory by having attention diverted from the roadway to the GPS. There are out of town trips, fraternity and sorority parties, athletic events, perhaps being away from home for the first time and lastly, alcohol. The combination of any of these is lethal and can result in unending grief and torment for those that have had their beloved son or daughter maimed or killed in a catastrophic accident.

1 Person Dead After Truck Accident Near Mecklenburg Gaston County Line

Mon, 06 Feb 2012 16:27:48 -0500

A tractor trailer truck accident on I85 close to the Gaston county line has left one person dead and another person injured. North Carolina Highway Patrol closed all southbound lanes of I85 near the exit for Sam Wilson Road for several hours in order to investigate and to clear the wreck.

Larry James Grier was killed early this morning when the Budget Rental truck he was driving crashed into the rear of a disabled tractor trailer truck. The other truck driver was transported to Carolinas Medical Center.

According to witnesses, the front end of Grier's truck crashed squarely into the rear of the other truck. WSOC-TV reports that the driver of the disabled tractor trailer truck did place warning cones behind the truck. Troopers believe that Grier did not see the tractor trailer truck, which was actually in a travel lane, and not on the shoulder. Budget Rental does not require that renters of its moving truck possess a commercial drivers' license, and anyone with a valid drivers' license, regardless of experience, can rent a 24 foot moving truck.

Man Charged For Giving Alcohol To Minors Involved In Deadly Collision

Mon, 23 Jan 2012 11:14:26 -0500

A drunk driving car accident in Raleigh left one teen dead, another teen facing multiple criminal charges, and charges against the man who provided the alcohol that caused the wreck.

The accident occurred when 16 year old Garrett Prince rounded a curve in a residential neighborhood at a speed of 75mph and lost control of the vehicle, crashing into a tree. His 17 year old passenger, Elizabeth Molloy, died as the result of this crash. Neither Prince nor Garrett were wearing seatbelts.

Our North Carolina drunk driving car accident lawyers have learned that Prince has been charged with Felony Death by Motor Vehicle, Possession of Marijuana, Open Container of Alcohol, Driving While Impaired, and Driving After Consuming Alcohol While Anderage.

Also charged in connection with this fatal accident is Anthony Du Juan Geter, who has been charged with three counts of Aiding and Abetting Persons Under 21 in Possessing or Purchasing Alcohol. Police report that Geter supplied Prince, Molloy and 2 other teens with two (2) 1.75 liter bottles of rum. North Carolina Alcohol Law Enforcement agents are considering more charges.

Fatal Accidents In The Workplace On The Rise

Tue, 17 Jan 2012 15:34:47 -0500

The North Carolina workers' compensation attorneys at Auger & Auger have learned from the North Carolina Department of Labor that fatal accidents in the workplace are on the rise.

According to the Department of Labor, 53 people were involved in fatal work-place accidents in North Carolina in 2011. This is an increase from 2010, when 50 people had died in work related accidents.

There were 5 deaths in Mecklenburg County in 2011, down from 7 in 2010. Wake County led the state with 6 fatal job site accidents.

The majority of work place fatalities involved men (52 out of the 53 were men) and occurred in construction jobs (16 fatalities), followed by agriculture, forestry and fishing (10). Next were transportation and public utilities (5), government (5), and wholesale trade(5). There were 4 fatalities in retail trade and the service industry. There were only 3 fatalities in the manufacturing field. No fatalities were reported in the fields of real estate, insurance, and finance.

New Law Aims To Reduce North Carolina Car Accidents Involving Teen Drivers

Wed, 11 Jan 2012 13:26:59 -0500

In effort to reduce the number of North Carolina car accidents that involve newly licensed teenage drivers, a new law recently went into effect which requires that a driving log with evidence of at least 60 hours of driving be presented by teens between the ages of 16 and 18 when applying for their provisional license.

The new provision requires that all teens who obtain their limited learner's permit on or after October 1, 2011, maintain a logbook detailing at least 60 hours driving, with at least 10 of those hours being nighttime driving. The supervising driver is required to sign the log, and the log book must be presented to the Division of Motor Vehicles at the time of the applicants road test. But beware-if the clerk thinks you have falsified your log book, you will not be permitted to take your road test, and will have another 6 months in which to complete a legitimate logbook.

Additionally, teens between the ages 16 and 18 who obtain their limited provisional license on or after October 1, 2011 will be required to keep a logbook detailing at least 12 hours, with at least 6 of those hours being at night, and must be signed by the supervising driver for the nighttime hours. As with the limited provisional license requirements, if the Division of Motor Vehicle thinks your logbook has been falsified, you will not be eligible for your full provisional license for another 6 months, during which you must complete a legitimate logbook.

Seatbelts, Airbags, And Pregnancy

Mon, 09 Jan 2012 14:26:10 -0500

Car wrecks occur in Charlotte every day. Most will not involve catastrophic injury, but those that do often involve unrestrained drivers. Drivers who refuse seatbelts always have an excuse-pregnancy, discomfort, or the presence of airbags . The car accident attorneys at Auger & Auger want you to know that pregnant women are advised to wear seatbelts, the "discomfort" of a seatbelt is far less than the discomfort of a catastrophic injury or death, and airbags are intended to work with seatbelts, not instead of seatbelts.

The National Highway Traffic Safety Administration (NHTSA) recommends that pregnant women use a seatbelt in the normal fashion, with the shoulder belt across the chest, not across the neck and NEVER under the arm or behind the back. Do not disable your airbag Rather, position the front seat as far from the steering wheel as possible while still able to comfortably use the pedals, keeping a minimum of 10 inches between your chest/abdomen and the steering wheel.

Airbags are designed to work with seatbelts, not instead of seatbelts. Are bags are not designed to deploy in all types of accidents. They are equipped with sensors that measure the location of the crash and the rate at which the vehicle is slowing down. Accordingly, the speed and amount of physical damage present is NOT an appropriate measure of whether an airbag should deploy. There is no guarantee that the accident you may be involved in will meet the criteria that would cause your airbag to deploy. Further, airbags can only be deployed once, and they rapidly deflate. So if there are multiple impacts, they will be useless in a subsequent impact. The seatbelt, however, ensures the vehicle occupant is in the best position to maximize the benefit of the airbag.

First Winter Blast of 2012 Causes Dozens of Wrecks

Fri, 06 Jan 2012 13:36:35 -0500

2012 literally started off with a bang--dozens of North Carolina car accidents. Until this cold snap, we had been spoiled with above average temperatures until the New Year freeze reminded us it really is winter. From 5pm Monday, January 2, 2012, through 5pm Tuesday, January 3, 2012, North Carolina Highway Patrol answered 267 calls for help in the counties of Yancey, Transylvania, Swain, Rutherford, Polk, Mitchell, McDowell, Madison, Macon, Jackson, Henderson, Haywood, Graham, Clay, Cherokee, Buncombe, and Avery.

The Charlotte car accident lawyers at Auger & Auger wish to remind you to exercise caution when driving in winter conditions. The most frequent cause of weather related accidents is driving too fast for conditions. In Charlotte, black ice is a particular problems on freezing mornings. With that in mind, we would like to share these safe driving tips:

Prepare Your Vehicle:
-Assess tires for excessive wear
-Check battery levels
-Check level of antifreeze
-Equip vehicle with spare tire, lug wrench, and jack
-Keep a shovel/ice scraper
-Jumper cables
-Bag of salt or kitty litter for traction if stuck in ice
-Blanket, water bottle, non perishable snack bars
-Flashlight with spare batteries
-Extra windshield washer fluid

In 2012, Resolve To Pay Attention

Thu, 05 Jan 2012 12:48:09 -0500

Nearly every morning, as I drive my two teenagers to a local high school, I am frustrated by the screeching of tires and the near-miss car accidents in Charlotte that are due to distracted drivers. My frustration grows on those afternoons when I pass another local high school and find myself stuck in a traffic jam behind students who have crashed. In this particular location, the accidents occur almost daily, and are always the same: one student rear ends another student for one of several, predictable reasons: they are looking down at their phone, talking on the phone, following too closely, driving too fast, and even dancing in their seats.

It has been said that children learn by example. So, this year, I am resolving to pay more attention. My teens are learning how to drive, and they are closely watching my driving behavior. A recent study by AAA Foundation for Traffic Safety found that newly licensed teens were 50% more likely to crash during the first month of being licensed than they were following 2 years of driving experience. Almost 60% of the early wrecks were attributable to the same three factors: speeding, inattention, and failure to yield. So, with my teens watching, I will resolve to be on my best driving behavior.

But make no mistake, teens are not the only ones driving distracted. In fact, according to a study conducted by Harris Interactive/Health Day, most adults that drive regularly admit to engaging in distracting behaviors while driving. The term "distracted driving" usually conjures images of cell phone use, but it also includes eating, drinking, using a GPS device, and grooming, just to name a few, and it seems that almost everyone does it. According to a study published in USA Today, 86% of drivers polled said they have eaten or drank while driving, and 57% claim to do it "sometimes" or "often." Another 41% admit to setting of changing a GPS device while driving. The American Journal of Public Health reports that traffic fatalities caused by texting an driving increased 28% from 2005 to 2008, making it particularly scary that USA Today reports that their poll found that 37% of drivers have texted while driving, 18% do it on a regular basis, and 13% surf the web while driving.

Car Accidents The Leading Cause Of Death For 3-14 Year Olds

Wed, 04 Jan 2012 13:06:14 -0500

Car accidents in Charlotte are a daily fact of life. For most people, buckling their seatbelt is like brushing your teeth--it's something you naturally do before you leave home. For others, there is a litany of excuses of why they don't wear seatbelts, but these are the people who are at the greatest risk of serious injury or death. The personal injury attorneys at Auger & Auger remind you to please buckle up, and make sure all vehicle occupants, especially children, are properly restrained.

According to the National Highway Traffic Safety Administration (NHTSA), car accidents are the leading cause of death in the 3 to 14 year old age group. A 2008 study found that of the 5,598 children under the age of 14 that were killed in car accidents in the year 2008. 46% were unrestrained. The study further revealed that proper use of child safety seats reduced fatalities in the under 1 year old age group by 71%, and by 54% in children between 1 and 4.

In June, a 10 month old girl from Raleigh died when the car she was in crashed. North Carolina Highway Patrol reported that the baby, Sophia Peetc, was not properly restrained when her mother, Heather Lucas, lost control of her vehicle and overcorrected, causing the SUV to flip twice and strike a tree. Baby Sophia was ejected from the vehicle, which landed on top of her.

Use of Hand-held Cell Phones Now Banned For Interstate Truck And Bus Drivers

Wed, 14 Dec 2011 15:13:16 -0500

The North Carolina truck accident attorneys at Auger & Auger are please to advise you that effective January 1, 2012, interstate truck drivers and bus drivers will be prohibited from using hand-held cell phones while driving. The rule was implemented in effort to prevent distracted driving, and was promulgated through a joint effort from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA).

Drivers who violate the rule are subject to fines up to $2,750 per offense and potential prohibition from operating a commercial motor vehicle for multiple violations. Two or more violations involving cell phone use may result in state suspension of their commercial driver's license.

Trucking companies and commercial bus companies that allow their drivers to use hand-held cell phones while driving can be fined up to $11,000. Trucking companies tried to fight the new rule, arguing that interstate commerce would be impeded if drivers had to pull over and stop in order to make a call. The Department of Transportation rejected that argument because alternatives are available other than stopping to pull over, such as use of hands free devices.

Stepbrothers Killed in Boating Accident, Manslaughter Charges Follow

Wed, 16 Nov 2011 15:23:44 -0500

Prosecutors in Loup City, Nebraska have decided they have enough evidence to try Brian Packer for manslaughter in the wrongful death of two North Carolina stepbrothers.

Back in early July, 12 year old Joshua Rowley, and his 19 year old stepbrother, Matthew McAlexander, both of Kernersville, NC, were attending a family reunion in Kearney, Nebraska. Part of the festivities included tubing at Sherman Reservoir. The holiday weekend came to a tragic end when the boys were struck by a pontoon boat while being pulled on a tube behind a ski boat. Joshua was pronounced dead at the scene, and stepbrother Matthew died a short while later.

Dale Davis, a conservation officer with Nebraska Game and Parks Commission reported that his investigation found that Packer was operating his pontoon boat in a north-northwesterly direction in Sherman Reservoir, while the ski boat hauling the stepbrothers was traveling in an easterly direction. Officer Davis stated that based on boating rules requiring boaters to give each other the right of way, Packer was the one with the right of way. A passenger on Packer's boat stated that he did see the ski boat, but did not see the tube it was pulling, and that by the time the tube was visible, it was too late to avoid the collision, though Packer did try to take evasive action.

Investigating officers reported that Packer consumed approximately 8 beers, and that his blood-alcohol level was higher than the legal limit when he crashed his pontoon boat into the brothers. A blood alcohol test taken at an area hospital found Packer to have a blood alcohol level of .089.