North Carolina Personal Injury Lawyer Blog

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.

Intoxicated Driver Takes The Life Of Father And Son Motorcyclists

Thu, 03 Nov 2011 13:59:11 -0500

A tragic North Carolina Motorcycle accident has claimed the lives of a Burke County father and son. Steven Moody and his 19 year old son Kevin were killed when Amie Jo Skeen crossed the center line on Airport Rhodiss Road, hitting the motorcyclists head-on.

Skeen has been charged with Driving While Impaired and Felony Hit and Run. Investigating officers say that Skeen hit the side of one motorcycle and continued driving, and just seconds later, crashed head on into Moody's motorcycle, killing Moody and his son. The driver and passenger of the first motorcycle she hit were not seriously injured.

Investigation by North Carolina Highway Patrol found that after crashing head on into the Moody's, Skeen continued driving for another half mile before driving into a wooded location, presumably to hide the car. A witness foiled Skeen's attempt to evade police when he followed her, saw her park her car behind a building and then run into the woods. The witness alerted police to Skeen's location.

Upon her arrest, Skeen denied that she was driving and told a WSOC-TV reporter "I couldn't have been driving. I was too high." According to court documents, Skeen also claimed that "crackhead zombies" were driving her car.

Deadly Weekend for North Carolina Pedestrians

Wed, 05 Oct 2011 13:19:43 -0500

Three people are dead, and a fourth has been hospitalized with head trauma following 4 separate North Carolina pedestrian accidents this weekend.

Just before midnight Saturday, 27 year old Chandra Phuyel was killed when hit by a minivan as he tried to cross Central Avenue. Phuyel, who emigrated to the United States in March as part of the US Refugee Resettlement Program was reported as being deaf and mute, and is survived by his wife and three year old son.

Shortly thereafter, Preston Lee Ward was killed just after midnight Saturday, in a hit-and-run. Lincolnton Police have arrested 35 year old Amber Kirby and have charged her with Driving While Impaired, Driving with License Revoked, Felony Death by Vehicle, and Felony Hit-and-Run. Kirby has a multitude of prior criminal charges, including 3 prior charges for Driving While Impaired, 2 prior charges for Felony Cocaine Possession, Marijuana Possession, Assault on a Government Employee, and Resisting Arrest.

Deadly Weekend for North Carolina Motorcyclists

Mon, 12 Sep 2011 14:06:03 -0500

Three separate North Carolina motorcycle accidents have claimed 4 lives this weekend. A fifth person remains in critical condition.

On Saturday night, 21 year old Sharaz Osman was killed when he crashed into a vehicle making a left turn. Just prior to the crash, Osman was seen overtaking other vehicles by passing them on the right in a right turn only lane, while traveling at an increased rate of speed.

Less than one hour later, Susan Fried was killed when she fell off the back of a motorcycle. The driver of that motorcycle, David Fries, was slowing for traffic in a construction zone when he lost control of the bike and hit a car, ejecting Susan Fries from the bike.

Two more people were killed on Sunday night in another motorcycle wreck. Motorcyclists Roger Carriker, with passenger Elizabeth Cross, was traveling south on US 29 when a car pulled out of a parking lot, striking the motorcycle, killing Carriker and Cross. The driver of the car, Dexter Jones, is in critical condition.

Fayetteville Police Department Suspends Use of Tasers Following Death of Defendant

Thu, 01 Sep 2011 15:15:15 -0500

One month after the family of North Carolina wrongful death victim, Darryl Turner, was awarded $10 million, a Fayetteville man has died after being Tased by police.

On August 25, Michael Evens was seen acting in an erratic manner and was allegedly trying to jump into the path of vehicles in the roadway. Police attempted to arrest Evans, and when he resisted, a Taser was used. Following the stun by Taser, Evans collapsed. He was taken to Cape Fear Valley Medical Center where he was pronounced dead.

Several days later, Fayetteville Police suspended the use of Tasers while they investigate this incident and can figure out whether they are safe for use.

Day After $10 Million Wrongful Death Verdict, Another Charlotte Man Dies After Taser By CMPD

Fri, 22 Jul 2011 14:24:57 -0500

Just hours after a jury awarded $10 million to North Carolina wrongful death victim, Darryl Turner, another Charlotte man died after being tasered by police.

Lorenzo Williams, who an acquaintance described as having a prior criminal history that included assault on a female, among other charges, was pronounced dead shortly after being tasered by police while he was in the process of beating a woman.

Although the police use of the taser against Williams appeared to be justified, Charlotte Mecklenburg Police Department has suspended the use of Tasers for up to 45 days. According to witnesses, Williams and a female companion exited the Lynx line at the Woodlawn station and were arguing. Williams was seen choking and beating the woman. It was during the assault that a CMPD officer fired his Taser at Williams.

Police did not release information regarding where Williams was tasered, but did state that the event was likely captured on video camera and they would be analyzing those films.