North Carolina Personal Injury Lawyer Blog

Stricter GDL Laws Reduce Risk of Teen Car Accidents in North Carolina

Mon, 20 Feb 2012 10:37:21 -0500

A new law is geared toward reducing the risk of teen car accidents in Winston-Salem and elsewhere in North Carolina, according to the Winston-Salem Journal. These laws were used to shore up the current graduated driver's licensing (GDL) program in the state. Parents will now be required to be even more involved in their teen's driving education.

Teenage drivers will also be required to complete supervised driving requirements with a licensed driver over the age of 21. According to the Insurance Institute for Highway Safety (IIHS), teenage drivers with a learner's permit need to complete 60 hours of supervising driving. Within these 60 hours, 10 of the hours need to be at night. This law was passed by the North Carolina General Assembly back in June.

Our Winston-Salem teen car accident attorneys understand the risk that teenagers face on our roadways. Their inexperience at the wheel significantly increases their risk for accidents. However, with parental involvement and strict graduated driver's licensing (GDL) programs, the community can work together to reduce these risks.

The initial law passed by the North Carolina General Assembly was approved in June. The new law that took effect Jan. 1 allows teens to get their learner's permit once they turn 15. Still, teens have some of the highest risks for car accidents, which is why it's important to teach them well and early.

Under the new law, teenagers have to log at least 10 hours a week toward their driving time. When he or she is ready to apply for a limited provisional driver's license, teen is required to submit the signed driver's log to the N.C. Division of Motor Vehicles.

After that's done, a teen driver will have to complete 12 more hours of driving with six of those hours being completed at night.

"As a parent, I'd rather be with him than (have him with) a friend who is 18," said a North Carolina father about his teen driver.

A driver's education teacher, Charlie Jarman, says that he thinks the law is a good idea. He acknowledges it will be tough on parents, but it's a necessary step to making our teens better drivers.

According to North Carolina accident statistics, there were nearly 700 drivers under the age of 16 who were involved in car accidents in the state. Of these, more than 265 died. This illustrates a roughly 4 percent decrease as teen driving laws strengthen.

According to State Senator Peter Brunstetter, R-Forsyth, officials with the DMV recommended that officials approve this law last year. Luckily, that recommendation has been successfully received and parents are now required to be more involved in their teen's driving education and ultimately on the road to safer driving habits.

Young Bicyclists, Scooter Riders and Pedestrians at Serious Risks for Accidents in the Carolinas and Elsewhere

Tue, 14 Feb 2012 12:48:42 -0500

A recent bicycle accident in Mooresboro left a teenager in critical condition at the Carolinas Medical Center. According to the Shelby Star, the teenage bicyclist was thrown from his bike after he was struck by a passing vehicle. The North Carolina Highway Patrol reports the bicyclist was hit by a 76-year-old who was driving a passenger car in a 45 mile per hour zone on South Post Road just after 4 p.m.

Local officers found the teen's bicycle in a lawn nearby and the teen lying on the road. Reportedly, the teen was riding his bicycle back from a nearby store when the accident happened. The teenager is in a coma with a broken bone in his neck. He is still on life support, and has sporadic brain swelling.

Our North Carolina bicycle accident attorneys understand that teens and young children may not always be aware of the dangers that lurk on our roadways. For this reason, we encourage parents to stay involved in their child's traveling, whether it's on a bicycle, a scooter or on foot. Parents should discuss some cycling safety tips with their children to help teach them about the risks associated with riding and walking near traffic. Your intervention can help to significantly reduce their risk of a serious accident.

The North Carolina Department of Transportation (NCDOT) offers parents, teens and young children safe cycling tips to help to keep them safe. Parents please review these tips and share them with the young ones in your life.

Bicycling Tips from NCDOT:

-Always ride on the right side of the roadways. Travel with the flow of traffic.

-Be sure to obey the traffic signals. This includes stop signs, traffic lights and one-way signs. You're required to follow the same rules of the road as vehicular traffic.

-Whenever you're going to merge, turn or stop, be sure to signal these maneuvers with hand and arm signals to alert surrounding travelers.

-Always yield to the right-of-way whenever you enter the road or when you're changing lanes.

-Avoid riding your bicycle on sidewalks.

-Just as you expect to be treated with respect, treat pedestrians with respect.

-Be ready for motorists to overlook you. Ride your bike defensively.

-Be on the lookout for reversing cars, whether out of parking spots of driveways. Oftentimes motorists who are backing up overlook bicyclists and pedestrians.

-Be ready for other people's move or mistakes.

-Keep an eye on your surroundings. Turn your head to look behind you often. Learn to do this without swerving or losing your balance on your bicycle.

-Get low on your bike when braking hard. Staying upright will increase your risks of tumbling forward.

-Considering wearing a helmet. A helmet provides you with protection and can cost as little as $15.

Alcohol-Related Car Accidents in Buncombe County Increase in 2011

Mon, 30 Jan 2012 03:55:00 -0500

The North Carolina Highway Patrol reports that it investigated more alcohol-related car accidents in Asheville and elsewhere in Buncombe County over the last year. The number of these accidents has shown a significant increase from 2010 to 2011, in spite of the statewide reduction, according to the Citizen-Times. Alcohol-related accidents in Buncombe saw an 18 percent increase. Records also show that troopers made 4 percent more arrests of impaired drivers than in 2010.

Sgt. Pat Staggs of the state highway patrol called the uptick "bad news."

Our Asheville drunk driving accident lawyers understand that, on average, someone drives at least 80 times while drunk before they are caught by law enforcement officers. Staggs says sometimes North Carolina drivers don't think of the consequences, such as an arrest or serious accident, that can result from drunk driving.

One case that stands out in the mind of Assistant District Attorney Chris Hess is that of Jennifer Kessler. In that instance, an innocent motorist was killed when Kessler was reportedly drunk and driving the wrong direction on I-240. Kessler pleaded guilty to reckless driving to endanger, driving while impaired and felony death by vehicle. She was sentenced to 20 to 24 months in prison.

Hess says that even with this tragic story making local headlines, drivers across the state will continue to drink and drive.

Across the state, alcohol-related accidents dropped by nearly 5 percent 2011, which caused the number of fatalities to decrease by more than 10 percent. Unfortunately, that wasn't the case in Buncombe County.

Last year, the number of people who died in car accidents in the County increased from 11 in 2010 to nearly 15 in 2011. Staggs reports that a majority of these fatalities were motorists who were not wearing a seat belt at the time of an accident.

He adds that seat belts may be your best defense against injury or death in the event of an accident and urged all motorists to buckle up every time they get into a motor vehicle.

2011 report for Buncombe County accidents showed:

-The number of traffic accidents decreased by less than 14 percent.

-Accidents involving speeding drivers decreased by nearly 25 percent.

-The number of motorcycle deaths dropped by more than 65 percent.

-The number of motorcycle accidents dropped by nearly 10 percent.

-The number of alcohol-related accidents increased by 4 deaths.

Staggs says that law enforcement officials have previously tried to focus on areas of the county where drivers often speed. These efforts have seemed to pay off. He says troopers will be using this same strategy to bust drunk drivers.

Officials Still Pushing for Nationwide Ban to Reduce Risks of Car Accidents in North Carolina and Elsewhere

Wed, 25 Jan 2012 08:11:53 -0500

As we recently reported on our North Carolina Personal Injury Lawyer Blog, the federal government is looking for ways to reduce the risks of distraction-related car accidents nationwide.

In our previous post we discussed a recent anti-distraction campaign that targeted teenage drivers around the country. In this campaign, videos were displayed at movie theaters, online and at gas stations to help educate these young drivers about the dangers of distracted drivers. Teenager drivers aren't the only drivers that we need to worry about on our roadways. Car accidents are the number one cause of death for residents aged 4- to 24-years-old.

Our Asheville and Greenville, SC car accident attorneys understand that our state has pretty relaxed distraction-related laws for drivers. According to the Governors Highway Safety Association, all drivers can talk on a cell phone behind the wheel except those who are under the age of 18 and those who are driving a school bus. Everyone in the state is prohibited from sending and receiving text messages behind the wheel. The combination of these laws is tough for law enforcement to enforce however. It's extremely difficult for a law enforcement officer to determine if a driver was composing/reading a text or if they were dialing a phone. Texting is illegal, but talking on a phone isn't for everyone. How do officers tell the difference? This is one reason why a nationwide ban on all portable electronic devices may be a good move.

For these reasons, the National Transportation Safety Board (NTSB) recently made a proposal for all 50 states to make it illegal for all drivers to use a portable electronic device behind the wheel, according to the National Safety Council (NSC). This ban includes cell phones and text messaging devices. These devices would still be allowed to be used by drivers in the event of an emergency though.

"According to NHTSA, more than 3,000 people lost their lives last year in distraction-related accidents", said Chairman Deborah A.P. Hersman. "It is time for all of us to stand up for safety by turning off electronic devices when driving."

Just in the last 20 years, there has been an overwhelming growth in the use of personal electronic devices, including cell phones. Around the world there are more than 5 billion cell phone subscribers, which accounts for more than 75 percent of the world's population. That statistic is even higher in the U.S., according to WECT6, exceeding 100 percent.

This potential ban would affect everyone; moms, teens, road workers, employees, etc. According to CNN, a nationwide ban might not be all that easy to pass in all 50 states. Just look around our roadways. No matter which road you travel down, you're sure to see drivers sending text messages, young drivers making phone calls and all drivers interacting with radios and GPS devices. Even with laws in effect, drivers still engage in dangerous distractions behind the wheel.

Preliminary Records of 2011 Work Accidents in North Carolina Released

Tue, 24 Jan 2012 09:00:19 -0500

The preliminary numbers have been released regarding the number of work-related accidents in North Carolina in 2011, according to the North Carolina Department of Labor. Through the preliminary results, more than 50 people died on the job in the state during the year, which illustrates an increase from the 2010 numbers.

Through the preliminary results, the Department's Occupational Safety and Health Division has identified four work hazards, that they refer to as "the big four," that caused roughly 80 percent of all of the work-related fatalities throughout the year.

Our Rutherfordton workers compensation attorneys understand that the number one cause of work-related deaths was struck-by accidents. These types of accidents accounted for nearly 20 of the 53 recorded work fatalities during 2011. In addition to these fatal incidents, about 17 people died from fall-related accidents, another five were killed after being crushed by objects and one worker was electrocuted. There were 12 other fatal work accidents, including four that were head-related accidents.

"The extreme heat contributed to four workplace deaths last year after not having any since2006," Labor Commissioner Cherie Berry said. "The department will continue its heat stress initiative that we kicked off last year. We are urging employers and employees to recommit themselves to safety and health in 2012."

Although more than 50 people died in 2011 from on-the-job accidents, the state's illness and injury rate is the lowest it has ever been for the private industry. This statistic provides a peek into the safety measures being taken on job sites statewide. The illness and injury rate has declined from more than 5 per 100 full-time employees in 2000 to just over 3 per 100 full-time employees in 2010.

According to Allen McNeely, director of the Occupational Safety and Health Division, the illness and injury rate is falling steadily because the state is fortunate enough to have employers who value the safety and health of employees.

McNeely plans on continuing on in the training and education process and to reach out to employers who need help with these kinds of safety programs. All employers should be provided with the resources to keep employees safe and happy on the job.

The construction industry ranked in at number one for the most fatal industry. The construction industry had 16 fatal work accidents in 2011. While this is a decrease from the 17 experienced in 2010, it's still far too many employee fatalities.

More Industry Fatalities Numbers:

-The fishing, forestry and agriculture industry wasn't as fortunate. This industry went from four fatalities in 2010 to about 10 in 2010.

-The public utility facilities and transportation industry increased from five fatalities in 2010 to six in 2011.

-The government industry saw an increase in the number of fatal work accidents from zero in 2010 to five in 2011.

-The wholesale trade industry saw five fatalities. Zero change from 2010.

-The retail trade industry saw four fatalities. Zero change from 2010.

-The service industry experienced four work-related fatalities. This number illustrates a decrease from the six experienced in 2010.

-Manufacturing went from six fatalities in 2010 to only three in 2011.

-While there were three fatalities in the insurance, real estate and finance industry in 2010, there were none in 2011.

According to Commissioner Berry, the real tragedy is that all of these fatal work-accidents could have been prevented if adequate health and safety training practices were in place. Berry reminds employers that these programs are available to them free of charge through the Department of Labor.

There were no work-related deaths in 67 of the 100 North Carolina counties.

Most Dangerous Counties:

-Wake County: 6 fatalities.

-Mecklenburg County: 5 fatalities.

-Durham: 3 fatalities.

-Forsyth 3 fatalities.

-Buncombe: 2 fatalities.

-Cabarrus: 2 fatalities.

-Franklin: 2 fatalities.

-Henderson: 2 fatalities.

-Lee: 2 fatalities.

-Scotland: 2 fatalities.

-Union: 2 fatalities.

Men accounted for 52 out of the 53 work-related fatalities in North Carolina in 2011.

NTSB Recommends Nationwide Ban to Reduce Risks of Distraction-Related Car Accidents in Asheville and Elsewhere

Wed, 11 Jan 2012 10:29:19 -0500

The National Transportation Safety Board (NTSB) has suggested that local, state and federal officials make it illegal for all drivers to use a cell phone or any other type electronic devices behind the wheel, according to the Citizen-Times. The recommendation comes after a federal meeting to discuss the fatal Gray Summit, Missouri, traffic accident in 2010 where a distracted driver allegedly killed two people and injured about 40 more. The driver's phone records concluded that the driver made more than 10 phone calls and text messages just minutes before the accident. This is just one of the millions of accidents that are caused by distraction drivers every year.

Roughly 3,100 people were killed in distraction-related car accidents in places like Gaffney, South Carolina and Asheville, North Carolina and elsewhere in 2010, according to the National Highway Traffic Safety Administration (NHTSA).

Our Asheville, Gaffney and Spruce Pine car accident lawyers understand that at the time of the Missouri accident, the state had a law in effect that prohibited drivers under the age of 21 from text messaging at the wheel. Still, every single driver in the state is allowed to talk on a cell phone while driving. States with scattered laws like Missouri's make it difficult for officers to enforce these types of laws. There is virtually no way to tell if a driver was speaking with someone on the phone (which is oftentimes legal) or typing a text message (which is oftentimes illegal).

"Needless lives are lost on our highways, and for what? Convenience? Death isn't convenient," said Deborah Hersman, NTSB chair member. "So we can stay more connected? A fatal accident severs that connection."

As of now, there are 35 states that prohibit drivers from sending and receiving text messages while driving, according to the Governors Highway Safety Association. There are no states that ban all drivers from using cell phones. Nine states currently prohibit the use of cell phones while driving, though.

On November 23rd, the agency enacted a law to prohibit drivers of commercial vehicles from talking on hand-held phones while driving. If these drivers are busted, they can face a $2,750 fine.

"This recommendation by NTSB is a national call to action to end distracted driving due to cell phone use. This is a growing public safety threat that needs to be addressed by legislators, employers and every person who operates a motor vehicle on our nation's roadways," said Janet Froetscher, of the National Safety Council (NSC).

The NSC is backing the recent recommendation from the NTSB. While the NTSB doesn't have the authority to make laws, its recommendations weigh heavily on the decisions made by local, state and federal lawmakers.

Drivers are asked to voluntarily practice safe-driving habits and to curb distractions while operating a motor vehicle. Distraction-related accidents are completely preventable. Be responsible behind the wheel and help to make our roadways safer for everyone.

Paralyzed Bride Suffers from North Carolina Spinal Cord Injury, Plans to Walk One Day

Mon, 09 Jan 2012 02:40:00 -0500

A North Carolina woman who was married back in August is trying to get her life back in order. This task may be more difficult for her than you and me because of an accident that left her paralyzed.

With the New Year she has a new attitude, and she's determined to regain movement and she plans on having a baby and starting a family one day with her new husband. Spinal cord injuries in North Carolina and South Carolina are some of the most devastating injuries and can cause a lifetime of pain, suffering and medical costs. But with the right attitude, like the one of this new bride, goals can be achieved.

"You see people standing up out of their wheelchair, people who are relearning how to walk," Rachelle Chapman, the new bride.

Our North Carolina and South Carolina spinal cord injury lawyers understand that these types of battles cannot be fought alone. Victims of spinal cord injuries should seek the assistance of an experienced law firm at the earliest stages of such cases. Do not speak to an insurance company, do not accept payment or admit fault. Contact an experienced law firm. The financial consequences can last a lifetime.

Right before the bride-to-be made her way down the aisle a bridesmaid of hers pushed her into the shallow end of a pool, according to New York Daily News. The future bride suffered from broken vertebrae that hindered her ability to walk, or even feel anything below her chest.

News of the accident and the tragic injury made headlines across the globe. But nothing could stop her husband from sealing the deal and making the courageous woman his wife.

The bride hasn't taken her first steps yet, but she's embarked on a three-week training program at Project Walk in Carlsbad in California. Since the program, she's strengthened her body, enhanced her balance and is now able to move on an elliptical-type machine for 30 minutes. Before the program, she was weak and could barely move. She can now stand upright in a special hydraulic frame. She plans to return to the California treatment center for more treatments. Until then, she continues to train at home with a gym that was built for her by her husband.

In addition to gaining back her strength, she is learning how to drive again, is getting ready to enroll in grad school once again and one day hopes to have a child.

According to the Centers for Disease Control and Prevention (CDC), there are roughly 200,000 people who are currently living with a spinal cord injury in the country. There are somewhere between 12,000 and 20,000 new cases of spinal cord injuries every year.

Top Causes of Spinal Cord Injuries:

-Motor Vehicle Accidents

-Falls

-Violence

-Sports

Spinal cord injuries are costly. The average yearly cost is between $15,000 and $30,000. This means that the estimated lifetime cost can be anywhere from $500,000 to $3 million, depending on the severity of the injury.

USDOT Hopes "OMG" Campaign Will Reduce Teen Car Accidents in North and South Carolina, Nation

Tue, 20 Dec 2011 13:35:52 -0500

According to Senate Bill 96, drivers in the state of North Carolina are prohibited from using a cell phone for e-mailing or text messaging while behind the wheel of a motor vehicle, according to DrivingLaws.org. Fire department officials, ambulance drivers and law enforcement officers are excused from this law. Who's not excused from this law? Teenagers. Still, many teen drivers think it's okay to text while driving. Most of these young drivers fail to understand the risks associated with such behavior.

To help reduce the risks of distraction-related car accidents in North and South Carolina, the U.S. Department of Transportation (USDOT) recently launched the "OMG" public service announcement (PSA) campaign. This PSA aims to raise awareness in teenage driver about the risks, dangers and consequences of texting behind the wheel. The PSAs will be airing on approximately 12,000 gas station pump-top screens and on nearly 550 Regal Cinema movie screens nationwide through the month of December. Residents can also view the videos on Distraction.gov. Officials believe that these forms of communication are quick and easy ways to reach their targeted audience -- teenage drivers.

Our Greenville,South Carolina and Asheville, North Carolina teen car accident lawyers understand the risks that teenage drivers face on our roadways. They're the age group most likely to get into an auto accident. They're also the age group that is most likely to text behind the wheel. As we approach the holiday season, traffic on our roadways will increase significantly. More traffic equals increased risks for accidents. Parents are urged to sit down and talk with the young drivers about the dangers they'll inevitably face on our roadways and the dangers of texting while driving.

"Teen drivers are particularly vulnerable to distracted driving, which is why we are making an extra effort to ensure they understand the dangers," said Transportation Secretary Ray LaHood.

The PSAs feature hip lingo, like "LOL" and "L8R," that is commonly using by these young texters to communicate with the young drivers. We understand that it's popular for teenagers to stay in touch with friends, but doing so behind the wheel is not only illegal, but it's dangerous. Teen drivers are four times more likely that drivers in any other age group to be involved in a car accident on our roadwys.

Greg Dunn, the President and the COO of Regal Entertainment Group, says that he is pleased to join forces with the USDOT. He adds that he feels that this partnership will help to make a difference in the safety on our roadways during the busy holiday traffic season.

There are already 35 states and the District of Columbia that have made texting behind the wheel illegal. It is illegal to use a cell phone while driving in nine states and the District of Columbia.

Teenagers are new behind the wheel and fail to possess the same type of driving experience as older drivers. For this reason, parents are encouraged to reiterate the importance of curbing the distractions behind the wheel. Your talk could help to save your child's life. Have a safe and Happy Holiday season and please be cautious on our roadways.

More Fatal Car Accidents in North Carolina, Report Says

Thu, 15 Dec 2011 09:38:00 -0500

Twenty states experienced a decrease in the number of traffic-accident fatalities in 2010 compared to the 2009 stats. North Carolina was not one of them. In 2010, there were nearly 1,320 people who died in car accidents in Asheville and elsewhere throughout the state. This is an increase from the 2010 total fatality count. According to the recently released report from the National Highway Traffic Safety Administration (NHTSA).

The 2010 Motor Vehicle Crashes Overview reports the number of traffic fatalities across the U.S. decreased in 2010 from the previous year. The NHTSA also notes that 2010 marks the lowest number of fatalities since 1949.

Our North Carolina and South Carolina car accident lawyers would like to point out that the number of traffic fatalities crept up as 2010 progressed. Experts believe that this trend is going to continue. As the economy continues recover, motorists are expected to hit the roadway more often and for longer distances. The increase in travelers increases your risks for a fatal accident on our roadways.

We'd also like to point out that while the NHTSA is bragging about lower numbers, the stats of various types of accidents actually increased. Fatalities among motorcyclists, large truck occupants, van occupants, bicyclists and pedestrians were higher in 2010 than in 2009. In 2010, there were almost 33,000 people killed on U.S. roadways. In addition to these fatalities, another 2.24 million people were injured.

Many of these accidents were caused by drunk drivers and by distracted drivers. To help to better track these types of accidents, the NHTSA has created two new measures: the "distraction-affected crashes" and the "alcohol-related crashes" measure. In 2010, a third of all traffic fatalities involved an alcohol-impaired driver. Nearly 3,100 additional people were killed in accidents that involved a distracted driver.

While the number of traffic fatalities may have decreased, the number of injuries actually increased. So did the number of fatalities in urban areas and among vehicle passengers who were wearing a seat belt at the time of an accident.

Motorcyclists also experienced an increase in the number of traffic fatalities. The number of fatalities among motorcyclists who were under the age of 55 saw a decrease of about 80 deaths, while the number of fatalities among motorcyclists who were over the age of 55 increased by nearly 120 fatalities.

When talking about the time of day, evening saw a majority of the decease while the number of daytime fatalities remained about the same.

Drivers are asked to remain cautious behind the wheel and to take the news of the recent reduction in traffic fatalities with a grain of salt. Roadways fatalities are still alarmingly high, especially through specific categories. As the economy recovers, travel will be more common and risks for an accident will increase even more. Be safe, cautious and drive defensively to avoid serious accident.

Safety Advocates Discuss Dangers of Nighttime Driving and Car Accidents in North Carolina, South Carolina and Elsewhere

Fri, 25 Nov 2011 12:42:51 -0500

With daylight savings we got an extra hour of sleep, but we also get more dangerous roadways. Car accidents in South Carolina and North Carolina are more common during the evening hours. According to Healthy Vision with Dr. Val Jones, one out of every three drivers say that they have a difficult time seeing all or most things at night.

Dr. Jones recently spoke with John Ulczycki of the National Safety Council and optometrist Dr. Cristina Schnider about driving in the dark.

Our Asheville and Greenville, SC car accident lawyers understand that even though only a quarter of travel takes place at night, about 50 percent of fatal car accidents occur during this time. According to Dr. Schnider, drivers have a difficult time identifying dangers on our roadways when it's dark out. Most drivers don't take the time out to adjust their driving skills to better accommodate the conditions. You're three times more likely to be in an accident during the night than during the day.

While all drivers are affected by this light change, teens are more drastically affected. These drivers possess much less experience behind the wheel than older drivers. While older drivers are still at risk, they're better able comprehend the dangers and risks on our roadways at night. They've dealt with the conditions much more.

Dr. Schnider says that drivers need to be aware of their peripheral vision when driving at night. Our peripheral vision only allows us to see motion instead of color while driving during the evening. For this reason it's important to continuously scan your surroundings.

John Ulczycki from the National Safety Council talks to Dr. Val about the importance of focusing on your vision while driving at night. Our eyes tend to pick up and focus in on things that we can see, which is usually the glare on our windshields. This isn't good. Drivers are urged to look above the headlights of oncoming vehicles.

John goes on to talk about our reaction time in the dark. He says that since we're less likely to see our surroundings, we'll have less time to react once we identify a hazard. Drivers are urged to slow down and to focus all of their attention on the roadways while driving at night.

According to the National Highway Traffic Safety Administration (NHTSA), pedestrians are at an increased risk for accidents at night, too. There were more than 4,000 pedestrians killed on U.S. roadways in 2009. About 25 percent of these accidents happened from 4:00 p.m. and 8:00 a.m. There were an additional 15 percent experienced between 4:00 a.m. and 8:00 a.m. The NHTSA says that adjusting to the new low-light environment can take some time.

Pedestrians are urged to carry a flashlight or to wear reflective tape on their clothing to make themselves more visible to motorists. Pedestrians should never rely on street lights or street signs. Motorists can miss these traffic devices and put you in danger. You should never jaywalk or cross the street between two parked cars. Always cross at a street corner or at a crosswalk. Lastly, pedestrians are urged to walk on a sidewalk when there's one available. If there's no sidewalk and you must walk on the street, do so facing oncoming traffic.

Everyone is urged to travel cautiously when the sun sets. These accidents can be avoided with a little more alertness and awareness on our roadways.

Experts predict increase in travel and accidents in Asheville, Greenville, SC and elsewhere through Thanksgiving

Wed, 23 Nov 2011 01:11:00 -0500

The National Safety Council (NSC) predicts that more than 430 people will die in car accidents in Greenville, South Carolina and Asheville and elsewhere over the Thanksgiving Day holiday weekend.

The holiday period starts on November 23rd at 6:00 p.m. and ends on November 27th at 11:59 p.m. The NSC also predicts that more than 43,000 people will be injured and will require medical assistance during this time. This holiday has a fatality rate more than 10 times deadlier than other similar non-holiday periods.

Thanksgiving Holiday weekend is a time when Americans head out on vacations, over to friends' houses, to see family or to just enjoy some time off of work. When more motorists hit our roadways, accidents are more likely to happen. Drivers are urged to be alert and drive cautiously and defensively on our roadways to avoid an unnecessary accident.

Our Asheville and Greenville, SC car accident attorneys understand that the number of travelers on the Thanksgiving Day holiday weekend is expected be nearly 5 percent higher than last year's holiday period. In 2010, there were about 40 million travelers over the weekend. This year, 43 million are expected. The increase in travelers will increase the roadway congestion and increase motorists' risks of a serious accident. That's why it's even more important to drive safely.

Last year, the average cost for a gallon of gas during the holiday weekend was $2.88. This year's average is $3.39, according to CNN. Despite the increase, travelers are getting out there and making the trips. The down economy won't stop travelers from making long trips.

During Memorial Day this year, the number of travelers remained the same as the previous year. Travel actually decreased during both Labor Day and the 4th of July this year. Experts believe that Americans stayed home to save some money, but Americans are expected to disregard their financial woes for Thanksgiving.

"As consumers weigh the fear of economic uncertainty and the desire to create lasting family memories this holiday, more Americans are expected to choose family and friends over frugality," says Bill Sutherland, vice president of AAA Travel Services.

Experts have varying perspectives on air travel. AAA believes that air travel will increase from last year's count by 2 percent, while the Air Transport Association of America is expecting a 2 percent decrease.

All travelers are urged to be cautious on our roadways and to wear a seat belt regardless of how far you're traveling. Studies indicate that seat belts are 45 percent effective in preventing death in an accident to a front-seat occupant. Based on those figures, the NSC estimates that more than 150 lives will be saved because an occupant was wearing a seat belt.

NSC's previous predictions/actual fatality statistics from previous Thanksgiving Day holiday periods:

-2004: 556/556

-2005: 610/605

-2006: 555/623

-2007: 564/542

-2008: 479/484

-2009: 447/401

We would like to wish everyone a safe and Happy Thanksgiving and ask motorists to be extremely cautious while traveling.

Teens Provide Vital Information Regarding Risks of Car Accidents in North Carolina

Mon, 07 Nov 2011 09:52:41 -0500

A recent study conducted by the AAA Foundation for Traffic Safety installed cameras in the vehicles of teen drivers to analyze their risks for a teen car accident in North Carolina. Our NC teen drivers revealed to researchers that young drivers are 50 percent more likely to be involved in a car accident during their first month of unsupervised driving. The first 6 months behind the wheel are more than twice as dangerous as their risks after two years of unsupervised driving.

Young drivers were subjected to the installation of in-vehicle cameras to help researchers record their every move on our roadways. This footage revealed the most common causes of teen car accidents; texting while driving, running red lights, interacting with other passengers and various additional distractions.

Our Asheville car accident attorneys understand that as teen drivers gain unsupervised experience behind the wheel, their risks for serious accidents gradually decrease. To help reduce these risks earlier, parents are urged to discuss important driving information with teens and to make sure they get a lot of driving practice in various conditions. Teaching your child safe driving habits at an early age may be one of the best tools you can offer to keep them safe on our roadways.

As a young drivers gain experience behind the wheel, we also see a reduction in the number of speed-related accidents. Data from AAA's study concluded that teen drivers oftentimes were involved in accidents when taking a left-hand turn during their first few months behind the wheel. The number of these accidents decreased almost immediately after this time period.

"We know that young drivers' crash rates decrease quickly as they gain experience" said AAA Foundation President and CEO Peter Kissinger.

The study concludes that these high risks have to do with the fact that during their supervised practice time, teens were oftentimes taken on routine trips through familiar areas in relatively simple driving conditions. Parents are urged to expose their young driver to a variety of driving conditions on different roadways, during different times of the day and during different weather conditions. Exposing them to more dangerous conditions while you're in the car will help to ensure that they can handle these situations when they're driving alone.

"Parents can't always be in the car with their teens, but there are ways they can still have a presence even when they're not physically in the next seat," said Sherrice Gilsbach, shopautoweek.com associate online editor.

Parents are asked to keep safe driving habits as a frequent topic of conversation with their teen driver. Include the importance of curbing distractions, seat belt usage, driving curfews, and the risks, dangers and consequences of breaking these rules. Parents are urged to create a parent-teen driving contract with young drivers to help lay out some ground rules and consequences to help ensure safe driving. Remember that, as a parent, you may be one of the most influential people in your teen driver's life. Stay involved, stay positive and stay in the know.

Bartender and Passenger Charged For Serving Underage Driver Killed in Montgomery Car Accident

Wed, 02 Nov 2011 13:09:23 -0500

A bartender and a passenger were recently arrested by the NC Division of Alcohol Law Enforcement (ALE) after a fatal drunk driving-related car accident in Montgomery County, NC. The accident happened in Troy on Flint Road. The two men who were arrested reportedly served alcohol to the 19-year-old who was later killed in the single-car accident.

The N.C. State Highway Patrol reports that the underage drinker had blood alcohol concentration of 0.23, which is three times the legal limit, according to News2.

The 48-year-old and the 28-year-old, both from Troy, were the two who were arrested. The older man was booked and charged with selling malt beverages to the underage man. The younger man was arrested and charged with delay and obstructing a public officer during an investigation, obstruction of justice and resist, aiding and abetting impaired driving and aiding and abetting an underage person in the possession of a malt beverage. The young man was reportedly served the abundance of alcoholic beverages at the Uwharrie Sportsman.

Our North Carolina dram shop attorneys understand that this law may permit financial recovery from those who serve alcohol - including bars and restaurants, in the event of a serious or fatal accident. In these serious accidents, insurance may not be enough to cover lasting disabilities, lost wages and all of your medical bills. For this reason, North Carolina allows you to go after the drunk driver, a business or the individual that provided the alcohol.

The sports bar and restaurant has a North Carolina ABC permit as a mixed beverage restaurant. The bartender allegedly failed to recognize that the young driver was overly intoxicated and continued to serve him malt beverages.

The North Carolina dram shop liability statute can hold a restaurant, a convenience store, a liquor store, a bar or any other type of alcohol-serving establishment, liable for compensation for damages in the event of one of these serious accidents.

Dram shop law includes:

-Selling or serving alcohol to a person who is clearly intoxicated and who ends up getting into an accident that causes injury or death.

-Serving alcohol to someone who is underage who then gets into a traffic-related accident that injures others.

-Host of parties are included in the law and are held responsible for serving those who are of age and for not over-serving guests.

Back in 2002, there were nearly 17,500 people killed and another 258,000 injured because of alcohol-related traffic accidents in the United States. More than 15,000 of these fatalities were killed in accidents in which the highest blood alcohol concentration was more than 0.08 percent.

In an attempt to help these accident victims to collect compensation for damages inflicted by these serious accidents caused by intoxicated drivers, many states enacted some sort of Dram Shop Act. This helps to uphold the responsibility of both commercial vendors and social hosts who serve alcohol to intoxicated individuals and those who serve underage individuals who then drive and injure others in traffic-related accidents.

Cell Phone Ban Would Reduce Risk of North Carolina Trucking Accidents

Fri, 21 Oct 2011 11:52:14 -0500

FOX Carolina is reporting that the National Transportation Safety Board is pushing to ban bus and truck drivers from using cell phones.

Our trucking accident attorneys in Asheville and Greenville know it is long past time for the federal government to act on this important issue. A year ago, the government banned bus and truck drivers from texting while driving. It was a start but did not go far enough in ensuring these professional drivers keep their eyes on the road.

The National Highway Traffic Safety Administration reports more than 5,000 motorists a year are killed in accidents involving a distracted driver. And trucking accidents already account for about 1 in 9 of the nation's fatal accidents. The U.S. Department of Transportation reports 3,380 motorists were killed and more than 74,000 were injured in accidents with large trucks last year.

And the risk of North Carolina bus accidents continues to increase. Several high-profile bus accidents this summer have the federal government pushing bus safety. Low-fare carriers have come under particular fire.

The truth of the matter is there are all kinds of ways the government could increase safety. Making speed-limiting devices and data recorders mandatory is one option being discussed; better drug and alcohol testing; better tracking of hours-of-service rules and more limitations on prescription medications are all critical areas that need addressed.

But none of that makes much sense as long as the government is permitting drivers to barrel down the highway in 80,000 pound tractor-trailers while talking on a cell phone.

Safety advocates hail the proposal as the most sweeping safety improvement since mandatory seat belts. Many truckers are against the proposal, as you might imagine. They say the ban goes too far, especially since it would prohibit hands-free devices as well as those that are hand-held.

The NTSB made the endorsement after a fiery wreck in Kentucky killed the trucker and 10 motorists in a van on their way to a wedding. The government said the trucker was talking on his cell phone when he crossed through the median, over a cable barrier and slammed into the van.

The government has already issued such bans for aviation and ship operators.

"It may not be something that's widely embraced," said NTSB Chairman Deborah Hersman. "This is not going to be popular. But, we're not here to be popular. We're here to do what needs to be done."

The NTSB has sent the proposal to all 50 states and to the Federal Motor Carrier Safety Administration. Currently, truckers caught texting and driving face fines of up to $2,750. The DOT has already recommended a ban on hand-held devices, a final rule on that issue is expected yet this fall.

The American Trucking Association does not support a ban on hands-free devices, saying there was not enough evidence that hands-free devices created a distraction worthy of being outlawed.

The Governor's Highway Safety Association also questioned the science behind such a proposal, saying more information was needed before the issue could be presented to all 50 states.

In reality, there is a growing body of evidence and research that suggests hands-free cell phones are no safer; that the cognitive distraction of talking on a phone substantially increases the risk of an accident, whether the driver is using a hands-free or hand-held device.

GDL Programs Increase Risks for Car Accidents in Waynesville for Older Teens

Mon, 17 Oct 2011 09:37:26 -0500

Graduated Drivers Licensing (GDL) programs may not be as effective in preventing teen car accidents in Asheville and elsewhere in North Carolina as once predicted. The three-tier system gradually exposes driving conditions to new drivers. The problem with the system has been pointed out in a recent analysis, published in the Journal of the American Medical Association. The article stated that more teens are being involved in fatal accidents once they turn 18 and receive an unrestricted license, according to CNN Health.

The study pointed out that the rate of fatal accidents among 16-year-old drivers experienced a 26 percent decrease from 1986 to 2007, while 18-year-old drivers experienced a 12 percent increase. The increase completely canceled out the progress made by the younger drivers.

Our North Carolina car accident attorneys understand that teen drivers require the assistance and concern of parents long after they've completed the GDL system. What we need to take from this recent article is that our work as parents and role models is not done once a teen gets an unrestricted license. Clear through high school and college, parents need to make sure safe driving habits are a frequent topic of conversation.

"Right now, we're not getting the net effect across all teens that we're hoping for," says the author of that study, Scott V. Masten, Ph.D.

The study was unable to pinpoint the exact cause for the increase in these traffic fatalities, but it may have to do with a form of "payback" for the restrictive stages of the GDL system. With restricted stages, these programs may have deprived younger drivers from a thorough driving experience as many of them have been delayed with getting their license. The author of the study says that in many cases, teens toss out the idea of restricted licensing and skip to their full-unrestricted license once they've turned 18.

"There's a belief that graduated licensing has led to a delay," says Anne McCartt, a senior vice president at the Insurance Institute for Highway Safety.

Studies of the GDL system have gone far beyond the effect of the restrictions and the stages on young drivers and are now focusing more on how to better protect and prepare drivers once they've received an unrestricted license.

North Carolina's GDL system:

Level 1:

-Must be at least 15-years-old.

-Must have completed the Driver Education course and passed a written test, signage test and an eye test.

-Must drive with the supervision of a parent or approved adult.

-Can only drive from 5:00 a.m. to 9:00 p.m. for the first 6 months. Drivers are able to drive during any time after the first 6 months.

-Everyone in the vehicle is required to wear a seat belt.

-There can only be as many passengers as there are working seat belts.

-A driver is required to obtain this license for at least one year.

-The last 6 months of the stage must be violation-free to move on to Level 2.

Level 2:

-Must be at least 16-years-old.

-May drive unsupervised from 5:00 a.m. to 9:00 p.m., but must be supervised the rest of the time.

-All occupants of the vehicle must wear a seat belt.

-The number of passengers must not exceed the number of working seat belts.

-A driver must spend at least 6 months in this stage and cannot advance to the next stage until completing 6 consecutive months of violation-free driving.

Level 3:

-A driver must be at least 16.5-years-old.

-Everyone in the vehicle must wear a seat belt.

-There can be no more passengers than there are seat belts.

In North Carolina, there were more than 200 teens killed because of traffic accidents in 2009. Many teen roadway fatalities can be avoided if we continue to press the issue of safe driving habits once a teen has completed the GDL program. No one is ever safe from a traffic accident.