North Carolina Personal Injury Lawyer Blog

Car Accidents in Gaffney and Elsewhere Caused by Driver Neglect: Blinkers!!!

Tue, 15 May 2012 05:10:59 -0500

BLINKERS! Not using them is causing more than 2 million accidents every year, according to researchers with the Society of Automotive Engineers. Their studies show that drivers who aren't using blinkers cause more than double the number of distracted driving accidents every year.

According to MSNBC, a recent survey revealed that drivers fail to use their turn signal approximately 50 percent of the time when switching lanes and about 25 percent when making turns. Drivers are neglecting to use these devices about 2 billion times every day and are contributing to millions of car accidents in Gaffney and elsewhere every year.

In fact, drivers fail to use their blinker more than 700 million times every year. Why? Some believe it's because of a lack of courtesy. Some say that it's just sheer laziness. And others even say that it's just bad driver training. Whatever the reason may be, it's a serious problem on our roadways, says the Secretary of the U.S. Department of Transportation (USDOT), Ray LaHood.

Our Gaffney car accident lawyers understand that the use of turn signals is a roadway law, just like stopping at a stop sign or stopping at a red light. Still, far too many drivers neglect to use them. Predictive driving is one of the keys to helping to prevent car accidents. Now, researchers are looking into the problem, looking at how it affects our roadway safety and looking at ways to fix it.

"This is a first of its kind report on a subject that amazingly, has never been studied," said Richard Ponziani, P.E., President of RLP Engineering.

Turns signals have been found to be the some of the most effective, ubiquitous and simple ways to prevent multi-vehicle accidents. But, drivers across the nation are making unannounced movements in traffic, many times directly into other moving traffic. Failing to use a turn signal is just as bad as running a red light or speeding through a stop sign, according to federal law.

So why aren't drivers using these devices? Many say it's because there's a lack of enforcement from police officers nationwide. Many would say that officers are more focused on drivers' disobedience toward other laws, like running red lights, speeding and other aggressive driving habits. That's okay though, because researchers have come forward with an easy and inexpensive fix. It's the "Smart Turn Signal." This device would work much like the seat belt warning system. A bell would ding if a driver left their blinker on long after a turn or if the system senses that the driver isn't using the vehicle's blinker as it should. This "Smart Turn Signal" system was designed to be less expensive than the currently blinker alert system and it's also been proven to be more effective.

It's just a friendly reminder that could help to prevent car accidents on roadways across the nation.

North Carolina Nursing Home Neglect: Budget Cuts and Disaster Preparedness

Fri, 11 May 2012 08:20:54 -0500

We're heading into the season when the weather can be unpredictable and natural disasters can pop up out of nowhere. During this time we face risks for floods, tornadoes and hurricanes throughout the state. It's important that everyone has a plan for evacuation and for dealing with natural disasters. According to government investigators, nursing homes may be a little bit behind in creating and following through with these kinds of safety plans, FOX NEWS reported.

Officials say that that nursing home neglect in North Carolina can occur when necessary steps are not taken to protect residents from disaster. They say that local nursing homes are not coordinating their plans with authorities, they don't have the proper plan in place to notify relatives or even to pin name tags and medication lists to residents in the event of an evacuation.

Our Greenville nursing elder abuse lawyers understand that current disaster plans for local nursing homes may not even be worth the paper they're written on. In recent years, we've all seen how vulnerable the Carolinas can be to natural disasters. We've got hurricanes rolling up the east coast. We've got tornadoes ripping through the state and we've got a number of other natural disasters wreaking havoc on residents and on property. Residents in our nursing homes are some of the most vulnerable in these situations. For this reason, it's so important for our nursing homes to have a plan to make sure that our elderly loved ones are safe!

"We identified many of the same gaps in nursing home preparedness and response," investigators with the Health and Human Services Department.

After a recent investigation into the plans of many local homes, officials discovered that many nursing homes didn't have patient information on file, didn't have reliable transportation for residents in the event of an evacuation, they didn't have any sort of collaboration with local response teams, etc.

With these recent findings, government officials suggest that both Medicaid and Medicare take the necessary steps to create the proper disaster plans for each facility to meet federal requirements.

This couldn't come at a worse time either, as lawmakers yanked more than $22 million of Medicare funding from our state's nursing homes.

"Because Medicare and Medicaid together pay for the care of approximately three of every four North Carolina nursing home patients, it is important for state lawmakers to recognize how these new federal Medicare cuts upset local facilities' already fragile funding environment," said Alan G. Rosenbloom, President of the Alliance for Quality Nursing Home Care (AQNHC).

These cuts are only expected to get worse in the coming years. According to Rosenbloom, the nation is expected to experience a near $50 billion cut in Medicare funds between now and 2021. Currently, Medicaid covers nearly 60 percent of patient days.

Motorcycle Accidents in Asheville and Elsewhere the Focus of Motorcycle Safety Awareness Month

Wed, 09 May 2012 09:20:44 -0500

As the temperatures warm up across the Carolinas, motorcyclists will be hitting our state's roadways. With the summer season we see an increase in the number of motorcyclists and an increase in the risks for motorcycle accidents in Asheville and elsewhere. That's why the month of May has been designated as Motorcycle Safety Awareness Month.

According to the Salisbury Post, motorcyclists account for only 2 percent of all of the registered motor vehicles in the state of North Carolina. Yet they suffer 10 percent of traffic accident fatalities. The North Carolina Department of Transportation reports that there were more than 150 motorcycle rider fatalities in the state in 2011.

Our Asheville motorcycle accident lawyers understand that motorcyclists face some of the most severe risks for injury and death in the event of an accident. Many times, these motorists are overlooked by drivers. The truth of the matter is that these drivers are entitled to the same rights on our roadways as any other driver. The month of May is used to help get motorists to exercise more caution now that spring is here and riders are out in force.

"Some people just don't look for bikers out there," said Terry Eudy of the Riders for Christ group at the High Rock Community Church.

Motorcycle Accident Facts:

-More than 6 million motorcycles are registered in the United States.

-Roughly half of all motorcycle accidents occur at intersections.

-Over the last 13 years, the number of motorcyclist fatalities has increased steadily.

-About 80 percent of motorcycle accidents result in rider injury or death. Only about 20 percent of car and truck accidents result in occupant injury or death.

Safe Driving Tips from the Governors Highway Safety Association (GHSA):

For Motorcyclists:

-It's urged that riders wear a Federal Motor Vehicle Safety Standard (FMVSS) 218 helmet. Wearing a helmet in North Carolina is state law and helps to decrease your risks of sustaining a critical head injury in the event of a car accident by five times.

-Make yourself as visible as possible. Never ride in a vehicle's blind spots.

-Make your moves on the roadway as predictable as possible.

-Wear bright-colored clothing to help motorists to see you more easily.

For Other Motorists:

-Share the road with motorcyclists.

-Allow motorcyclists with a full lane of travel.

-Be alert and lookout for motorcyclists in your blind spots. Take the extra second to turn and check out these spots before making a move in traffic.

-Never tailgate a motorcycle. Allow them with plenty of room.

-Remember that turn signals on motorcycles are not self-canceling. Sometimes riders forget to turn them off after making a turn.

Hale v. Office of Ins. Comm'r Discusses Psychiatric Injuries in North Carolina Workers' Compensation Claims

Wed, 18 Apr 2012 08:41:14 -0500

Work related injuries can affect you not only physically but mentally and emotionally. If you have been involved in a work related injury in North Carolina, get the advice of an experienced North Carolina injury attorney to help you get the benefits you deserve. Attorney Henry Teich has been a North Carolina Board Certified Specialist in Workers' Compensation Law for more than 10 years.

Hale v. Office of Ins. Comm'r is a case that shows how challenging some Worker's Compensation ("WC") claims for psychiatric injuries can be.

Hale ("Plaintiff" or "Claimant") was the employee of the Office of Insurance Commissioner in West Virginia ("Defendant"). While working for this office, Hale sustained injuries to his back. As a result of these injuries, Hale received a permanent partial disability award.

Claimant later sought a psychiatric evaluation. The doctor evaluating claimant identified that the claimant was suffering from panic disorder and major depressive episode created by the work accident where he injured his back. These reports were submitted by this doctor in the attempt to add depression as a compensable injury to claimant's WC claim.

The Worker's Compensation Board of Review ("BOR") and the WC Office of the Judge ("OOJ") rejected claimant's proposed amendment. The main contention was that the claimant was required to seek approval from his WC claims administrator before he sought the psychiatric evaluation. Claimant then appealed this decision to the state supreme court.

The question presented to the court was whether a claimant in a workers' compensation claim must get prior authorization from the WC administrator before claimant gets a psychiatric consultation. The court begins with a summation of the basic WC rules which are:
- In order to for an injury to be considered compensable for WC purposes there must be a personal injury, this injury must have been sustained during the course of employment and the injury must be a result of employment.
- In a WC case, the claimant has the burden of proving the claim.
- In West Virginia, a psychiatric disability is compensable for purposes of WC when the injury arose out of comprehensible physical injury.

The court was charged with interpreting two state WC statutes that conflicted with each other. In order to establish whether the rules and procedures created by an administrative agency will be upheld, the rule or procedure must be reasonable and cannot "enlarge, amend or repeal substantive rights created by statute." See State ex rel. Callaghan v. W.Wa. Civil Serv. Comm'n, 273 S.E.2d 72 (1980).

Within one of the statutes, the claims administrator would be charged with making a decision regarding psychiatric treatment without the expert medical or psychiatric opinions. This West Virgina court found that this restriction on claimant's psychiatric treatment was not reasonable and it was inconsistent with the intent of the statute drafters. WC was created to provide compensation to workers who are injured in the course of their employment. Therefore, the state Supreme Court held that this type of requirement would be an invalid exercise of administrative regulation.

The court here upheld the other statute and cited previous case law that established a threefold process to determine whether a claimant can add a psychiatric disorder as a compensable injury in a WC claim. In order for a claimant to add a psychiatric disorder to the claim, claimant's treating physician must refer the claimant to a psychiatrist for a consultation. Upon completing this initial consultation the psychiatrist is required to provide a detailed report consistent with WC law. Lastly, the claim administrator is responsible for utilizing the psychiatrist report and determining whether the psychiatric condition should be classified as a compensable injury in the claim.

Being silent about your mental health is not necessary in WC claims. This case shows how important it is to understand your rights.

Car Accidents in North Carolina Addressed by Chapel Hill Town Council

Mon, 16 Apr 2012 01:10:46 -0500

It's National Distracted Driving Awareness Month 2012. Every April, safe driving advocates across the county, our Asheville injury lawyers and the National Safety Council (NSC) work toward a common goal of trying to reducing the number of distraction-related car accidents in North Carolina and elsewhere. The time has come again, to raise the awareness and to help make our roadways safer for everyone!

A recent article applauded Chapel Hill, North Carolina for being the very first town council to enact a complete ban on all cell phone use for all motorists. Hands-free devices are even covered in this ban. That's not all. Motorists are also banned from using on-board wireless systems, which is also a first-of-its-kind measure. There are many areas throughout the country that ban on certain distractions for only a group of drivers. The town council of Chapel Hill has gone forth with banning all electronic devices from all drivers in an attempt to help to cut down the risks of distraction-related car accidents.

Our North Carolina injury lawyers understand that a number of studies have concluded that hands-free devices are no safer than hand-held devices. Many safe driving advocates believe that the only way to make our roadways safe and distraction free is to enact laws banning all of these behaviors. That's exactly what the town council of Chapel Hill had in mind. Drivers need to keep their eyes and their mind on the road, with minimal distractions.

"In passing a total ban, Chapel Hill has taken a significant step toward making their roads safer," said Janet Froetscher, president and CEO at NSC. "We praise Chapel Hill for this action. It will save lives."

A number of studies have indicated that the human brain is actually incapable of processing two demanding tasks at once, like using a cell phone and driving. Many drivers, especially more experienced ones, think that they're able to complete both of these tasks, without compromising their safety behind the wheel.

In honor of the new Chapel Hill law and in honor of National Distracted Driving Awareness Month 2012, we are asking all motorists to take the pledge and to vow to drive distraction free. We're not just asking for a month of it, we're asking for a lifetime of safe driving habits.

The National Safety Council urges the following pledge:

-Vow to stop using electronic devices while driving, including cell phones, text messaging devices and other electronics.

-If you call someone who is driving and they answer, let them know you'll be happy to continue the conversation once they're stopped and safe.

-Talk with friends and family about the risks associated with distracted driving. Get the word out there!

"We owe to those whose lives have been lost to take a stand. Speak up when someone calls you while driving or uses a phone while driving with you in the car," says Jacy Good of FocusDriven.

Highest Risks for Car Accidents in North Carolina is Among Teen Drivers

Tue, 03 Apr 2012 01:31:54 -0500

Nowadays, teenagers are attached to their phones. With the technology these days, it's like a hand-held computer. You can do virtually anything with the touch of a button. Phones can not only make phone calls and text message, but they can access the internet, communicate through social networks, play games and much more. Not one of those things is beneficial when your teenage driver is behind the wheel of a motor vehicle. According to the AAA Foundation for Traffic Safety, a recent study into teen drivers discovered this technology is the number one distraction, significantly increasing their risks for an accident in North Carolina.

The AAA study looked at the driving habits of 50 North Carolina families. After searching through six months and 8,000 clips of video from in-car cameras, researchers concluded that nearly 10 percent of the time teen drivers were using electronic devices at the wheel. They were using their phones and taking their eyes off of the wheel more than any other kind of distraction. There were a lot of other distracting activities recorded, too!

Our Waynesville injury lawyers understand that teen drivers already face some of the highest risks for accidents simply because of their inexperience behind the wheel. This study illustrated that female teens were the worst of the bunch, engaging in activities with electronics nearly 10 percent of the time they were behind the wheel. Male teenagers logged less than 5 percent of their time behind the wheel engaging in these distractions, according to Market Watch.

Carol Ronis, AAA's senior communications manager, said that this study was so important because car accidents continue to be the number one cause of death for this young age group. As a matter of fact, teens are four times more likely to get into an accident than adult drivers.

"Continue the conversation with your child. Set a good example. They are always watching and modeling our behaviors," said Ronis.

She's right! Parents need to stay involved in their teen's driving career long after they've received their unrestricted driver's license. Teens still need to be reminded of the proper, and safe, driving behaviors. Consider enacting your own household driving rules. Create a parent-teen driving contract to lay out the rules and consequences for breaking these rules.

According to the Governors Highway Safety Administration (GHSA), drivers in North Carolina who are under the age of 18 are prohibited from using a hand-held cell phone while driving. All drivers in the state are prohibited from text messaging behind the wheel. Just because these laws are on the books, doesn't mean that teens will listen or even that law enforcement will enforce the rules. Make sure there's a clear understanding and expectation of safe driving habits within your household. Set rules, enforce them and help to keep your teen safe.

Lofton, et al. v. McNeil Consumer & Specialty Pharmaceuticals, et al. Disappointing for North Carolina Drug Injury Sufferers

Mon, 26 Mar 2012 12:21:55 -0500

In a decision affecting anyone suffering from an Asheville drug injury, a federal appeals court in Texas upheld a lower court's ruling against a family who claimed that drug companies, as well as the U.S. Food and Drug Administration, had failed to warn of potentially deadly consequences of a certain over-the-counter medication.

The case, Lofton, et al. v. McNeil Consumer & Specialty Pharmaceuticals, et al., started in 2000 with the death of Christopher M. Lofton.

As our Asheville personal injury attorneys understand it, Lofton came down with a fever in May of that year. He took over-the-counter Motrin to help alleviate his symptoms. Two days later, his skin broke out in a rash, and he rushed to the hospital. He was released a short time later, though he continued taking Motrin for his pain. But the condition of his skin continued to deteriorate. He went to a dermatologist, who diagnosed him with Stevens-Johnson Syndrome, which is a skin disorder that is caused by an infection or allergic reaction. This is a less-advanced form of Toxic Epidermal Necrolysis (TEN), which is a rare but life-threatening skin disease that is typically caused by a reaction to a medication.

The next day, Lofton was rushed to the emergency room, but was soon transferred to the hospital's burn unit, where he began immediate treatment for TEN. He died several days later.

According to the lawsuit, the FDA is aware of a connection between ibuprofen, the active ingredient in Motrin, and these rare diseases. In 2005, the FDA began requiring drug makers to warn consumers that skin rash and blisters are signs of allergic reaction.

The family requested from the FDA that there be additional labeling requirements that specifically noted the connection to SJS and TEN, but the FDA declined that request, saying there is no definitive, causal link between the two.

Lofton's family then filed the suit claiming negligence and product liability.

The defendants in the case requested a judgment be handed down by a judge, rather than a jury, and countered that the claim that they had failed to warn consumers about the risks before 2005 fell on a requirement of proof known as "fraud-on-the-FDA." Essentially, this means that someone was injured by a product that was approved by the FDA based on false information.

Drug companies, in essence, have a responsibility to let the FDA know all the information they know about the drug they hope to sell. If they withhold any information or don't properly research the product, they can be held liable for fraud.

At the end of the day, the courts found that the family hadn't shown that the drug companies had intentionally withheld or misrepresented important information regarding the dangers of the drug.

Still, our Asheville drug injury attorneys believe that anytime you purchase a drug from off the shelf, particularly for a common ailment, you have the right to trust that it will be safe to consume. This court ruling shows just how complex such litigation can be and illustrates the need for an experienced law firm whenever a patient has been harmed by medical malpractice, a defective medical device or dangerous pharmaceuticals.

North Carolina Nursing Home Abuse A Risk, as State Facilities Rank Poorly

Mon, 19 Mar 2012 09:19:32 -0500

In an investigation into claims of nursing home abuse in North Carolina, a local television station was alarmed to find that nearly a quarter of facilities were rated much below average.

Our Rutherfordton nursing home abuse attorneys were disheartened to hear what had been uncovered, though not entirely surprised.

According to Reporter Jonathan Carlson of NBC17, of the 125 nursing homes within 100-mile radius of Raleigh, nearly 25 percent had inspection ratings that averaged far below the norm. These ratings were at least partially attributed to violations that put residents in serious danger.

Three of the homes - in Durham and Chapel Hill - had accrued so many violations that they require constant oversight and monitoring and may even lose their funding from the federal government.

Some of the violations involved things such as:

Not informing family members when a patient was injured or sick;
Giving patients too much medication;
Not giving patients enough medication;
Employing workers who had a documented history of neglecting or abusing patients.

This is not simply a hyper-local problem either. According to a recent Inspector General's report, more than 90 percent of nursing homes across the country had hired at least one worker with a prior criminal conviction.

Other instances of neglect and abuse included one facility in Wake Forest that was given "provisional status" after an investigation was launched into the death of one resident and the reported assault of several others. Another case involved a Mount Olive nursing home that was fined more than $15,000 after half a dozen patients died due to hepatitis they caught while residing at the facility.

An administrator with the Division of Health Service Regulation said that turnover of staff, particularly upper management, can play a role in a rising number of these cases. However, our Rutherfordton nursing home abuse attorneys believe there is no excuse for it.

In one encouraging bit of news, a federal grant could help nursing home agencies streamline the process by which background checks are conducted. But that process could take up to three years.

In the meantime, families need to look into these facilities on their own before making a decision of where to place their loved one.

Some telltale signs of elder neglect can include:

Sudden or unusual weight loss;
Bed sores;
Unsanitary conditions, such as bugs, dirty bedding, soiled clothing or dirt;
Being left unbathed;
Not being given suitable clothing for the weather;

Under North Carolina law, nursing home residents have a long list of rights. These include (but aren't limited to):

1. The right to be treated with respect, consideration and with full recognition of personal dignity;
2. To receive treatment and care that is adequate and in compliance with state laws;
3. To be free of physical and mental abuse (this includes the right to not be physically restrained except for very specific periods of time and under the supervision of a doctor).
4. To have privacy;
5. To be notified when the facility's license has been either made provisional or revoked. A family or guardian must be notified as well.

Wakole v. Barber Explains How to Measure Damages in North Carolina Personal Injury Case

Thu, 15 Mar 2012 09:30:19 -0500

When you are involved in a car accident in the Carolinas , you often question what you are entitled to. You need a knowledgeable and experienced South Carolina and North Carolina injury attorney to get the right information about your rights.

Wakole v. Barber is a case that arose because of a car accident in Virgina. Barber was the passenger in a vehicle that was hit by Wakole. The case was originally brought in a lower court; however, Wakole appealed to the higher court in Virginia. This court discusses what the injured victim is entitled to in damages where she was involved in an accident where the other party was at fault.

Barber's husband was going straight on a street where he had the right of way. Wakole made a left turn without looking and hit the Barber vehicle with the front of his car on the passenger side of their car. Narmina Barber ("Barber") indicated that she felt pain at the accident scene but she did not go to the hospital. After some time, Barber began to get bad headaches and neck pain causing her to seek treatment. Additionally, Barber's energy significantly decreases causing her relationship with family and friends to suffer. Barber even had to hire someone to assist her in cleaning her home. These are typical injuries in North Carolina car accidents. It's worth noting that her symptoms presented after some time; another common occurrence and why it's critical to get help in the immediate aftermath of a serious accident -- even if you think no claim is necessary.

Wakole admitted liability for the car accident and acknowledged his wrongdoing; however he did not accept the severity of the injuries that Barber was alleging. He also disagreed with the style in which Barber's attorney conducted his closing arguments at the original trial.

The question was whether Barber's attorney was allowed to use a poster board to exhibit an itemized chart to describe Board's damages. This chart had intangible damages measured in an itemized manner to calculate the total award requested. Upon appeal, the court contends that this is in compliance with all of the laws controlling closing arguments, and that Barber's attorney acted in compliance with all of his obligations.

The court in Wakole explains damages by first establishing that there is no question as to whether a plaintiff is allowed to ask for a total fixed amount where there are non-economic damages that are provable. The court defines these non-economic damages as "bodily injury, physical pain, mental anguish (past and future), and inconvenience (past and future)." Furthermore it is recognized by this court that lump sums requested for non-economic damages cannot be proved with records giving exact monetary value because they are based in intangible elements. In determining the amount that will be awarded to the injured, the amount should fully and fairly compensate the injured for damages they suffered due to the at-fault party.

Therefore, this court held that because asking for a fixed amount to compensate Barber for her injuries was acceptable and customary, it would also be acceptable to break up the fixed amount into categories for each element of damages. Moreover, the court in this case found that the jury was allowed to be told of the amount being sought in the lawsuit.

Wakole shows us that it is not likely for a court to read meaning into an unambiguous statute. Subsequently, Barber was awarded economic damages to compensate for medical expenses and lost wages as well as non-economic damages to compensate for pain and suffering.

Having an attorney to explain what you are entitled to and how it must be presented is a crucial element in all North and South Carolina personal injury cases.

North Carolina Car Accidents Caused by Uncommon Winter Storm

Fri, 24 Feb 2012 12:10:24 -0500

Powerful winter storms this past President's Day weekend spurred a flurry of car accidents in North Carolina and surrounding states, traditionally known for milder weather.

Our Asheville car accident attorneys know that unless you're a northern transplant, you likely don't have much experience driving in the snow and ice. That's because North Carolina and most surrounding states are known for sunshine. Cooler nights from November through March might cause us to break out a sweater or two, but rarely do salt trucks patrol neighborhoods here the way they do up north during the winter months.

That's what took so many people off guard in the recent spate of storms that sprawled from Kentucky and Tennessee to Virginia, West Virginia and throughout North Carolina, dumping more than 9 inches of snow across the region.

Specifically in North Carolina, the Associated Press reported that cars were slip-sliding off the roadways in Raleigh and the surrounding areas on Monday morning. In Wake County alone, the North Carolina State Highway Patrol reported more than 24 accidents. In one crash, a car slid on the ice and hit a police cruiser. At the time, the officer had been on scene investigating another accident. In many instances, it was reported that sleet, snow and rain were a contributing factor in a number of crashes.

Elsewhere in the region:

--In Virginia, although salt trucks covered most of the major interstates, there were more than a few dozen accidents, including a tractor-trailer crash on I-64. Ice remained a hazard on overpasses, ramps and bridges throughout the state.

--In Virginia and West Virginia, more than 66,000 customers lost power. In Kentucky, there were more than another 33,000 without power. These outages affected a number of traffic signals as well, which likely was a contributing factor in several crashes.

--In Tennessee, there were 20 vehicles that crashed on I-75, bordering Kentucky. Troopers attributed the pile-up to a "white-out" caused by dense fog and heavy snow.

--In Virginia, I-95 North was closed after a crash that sent one man to the hospital with life-threatening injuries. Another was seriously injured.

If you are not used to navigating icy or snow roads, read through the following tips from The Weather Channel on how to do so safely.

--Slow down and give yourself enough room to stop. A general rule is to leave about three times more space than what you would normally give yourself and the car in front of you.

--Keep your lights on so that you'll be easily visible to other drivers.

--Use lower gears so that you have more traction, particularly on hills.

--When you brake, do so gently so you don't skid. If you notice your wheels start to lock, ease off the brake.

--On overpasses and bridges, use extra caution. These are going to be the first to freeze. Even if it's not quite freezing, water on these roadways can quickly turn to ice, especially in the shade.

--Don't go around snow or sand trucks. Drivers of these vehicles have limited visibility, and the road in front of those vehicles isn't going to be very drivable anyway.

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.