May 7, 2014

Fatal Motorcycle Wreck in Black Mountain

On Monday night, a crash involving an SUV took the life of a motorcycle rider in Black Mountain. According to WLOS ABC Channel 13 News, the wreck happened at about 8:45 p.m. An SUV turned directly in front of a motorcycle. The SUV was attempting to get on I-40 East from Dunsmore Avenue. Later that night, the motorcycle rider, 28-year-old William Fox, died at Mission Hospital. WLOS News did report that charges were pending against the SUV driver.

May is Motorcycle Safety Awareness Month

Since 2000, motorcycle-related deaths have increased by 55 percent. Sadly, this tragic crash happened during the first week of National Motorcycle Safety Awareness Month. The National Highway Traffic Safety Administration (NHTSA) is hoping to raise awareness about the safety issues that motorcycle riders face on U.S. roadways. They are reminding motorists to "Share the Road" with motorcyclists and to be extra alert to help keep riders safe. Unfortunately, some drivers just fail to pay attention or check their blind spots before switching lanes or entering roadways.

Motorcycle Crash Facts

• In 2012, 4,957 motorcyclists were killed in crashes.
• In 2010, 4,502 people were killed in motorcycle crashes.
• Motorcycle fatalities accounted for 15 percent of all traffic fatalities in 2012.
• 93,000 motorcyclists were injured in 2012.
• 81,000 motorcyclists were injured in 2011.
• Motorcycle crash-related injuries and deaths cost an estimated $12 billion a year.

After a Motorcycle Accident

Since motorcycle riders don't have the same safety features available to other motorists, crashes can be incredibly devastating or fatal. Riders don't have seatbelts, airbags or steel safety cages. Even riders who wear helmets can be terribly injured or killed. If you have lost a loved one in a motorcycle crash, it may be necessary to contact an experienced wrongful death attorney. A skilled lawyer can be your family's advocate during a difficult time. Family members need to focus on the grieving process, but that can be difficult with expensive medical bills, funeral costs, lost wages and the pain and suffering that accompanies the loss of a loved one. The team at Davis Law Group, P.A. sends their deepest condolences to the family members and friends of Mr. Fox.

May 1, 2014

Fatal Crash on I-26

On Tuesday, one person was killed in a wreck that happened on I-26, near the Long Shoals exit, in Asheville. The wreck happened just before 4:45 p.m. According to WLOS ABC Channel 13 News, state troopers believe that alcohol was a contributing factor in this crash. Witness reports indicate that a Subaru was traveling at high speeds. The Subaru hit a pickup truck while trying to maneuver between the truck and a tractor trailer.

The car went out of control, hit an embankment and flipped multiple times. The driver, 51-year-old Daryl Mashburn of Arden, was pronounced dead at Mission Hospital. The passenger sustained injuries, but they were described as non-life threatening. Both the driver and the passenger were ejected from the vehicle. If you or a loved one is injured in a crash involving an impaired driver, contact the experienced team at the Davis Law Group, P.A. for a free consultation today.

April 29, 2014

Mandatory Vehicle Back-up Cameras

Each week, at least 50 children are backed over by vehicles across the country. On average, two of those children die, and 48 are treated in hospital emergency rooms. WLOS ABC News Channel 13 recently reported on the rear visibility technology that will be required in all new vehicles beginning in 2018. Mandatory rear visibility technology has been a priority of the National Highway Traffic Safety Administration (NHTSA) for a long time. Research shows that rear visibility technology can effectively save lives and reduce the number of backover crashes that happen each year. Backup cameras and sensors have been optional upgrades for a variety or larger trucks and SUV's for a couple of years, but in 2018 all new vehicles under 10,000 pounds will be outfitted with this technology.

Rear Visibility Technology

The U.S. Department of Transportation's (DOT's) rule will ensure that all drivers of new cars, starting in 2018, have rear visibility technology that offers a 10-foot by 20-foot field of view directly behind the vehicle. There will also be a variety of requirements regarding image size, durability, deactivation, response time and linger time. U.S. Transportation Secretary Anthony Foxx has stated that the U.S. DOT is committed to protecting children and seniors, who happen to be the two most vulnerable age groups as victims of backover crashes.

Backover Crashes by The Numbers

• On average, 210 fatalities are attributed to backover crashes each year.
• Children under the age of five account for 31 percent of all backover fatalities.
• Adults over the age of 70 account for 26 percent of backover fatalities.
• Additionally, about 15,000 injuries are caused by backover crashes every year.

After Any Kind of Accident

After any kind of car accident, always address your immediate medical needs first. Even seemingly minor crashes can leave victims with painful injuries. Once you've taken care of your health, it's a good idea to speak with an attorney. An experienced personal injury attorney can help you navigate the complexities of your case, while you get back to your normal life. Additionally, a lawyer can deal with pushy insurance companies and make sure you're getting treated fairly. If you or a loved one has been injured in a car accident, contact the skilled team at the Davis Law Group, P.A. at 866-397-2897 for a free consultation today.

April 24, 2014

Motorcycle Safety on the Blue Ridge Parkway

WLOS ABC Channel 13 News has recently reported on the important topic of motorcycle safety on the Blue Ridge Parkway. As warmer weather moves in, more motorcycle riders are taking to the beautiful roadway. Riders are encouraged to improve their safety with helmets, protective gear and high-visibility clothing. Most importantly, automobile drivers need to share the road with motorcycle riders.

Riders need plenty of room to maneuver around obstacles in the roadway. Additionally, it's not uncommon for drivers to report not seeing motorcycles prior to collisions, so drivers need to "look twice." If you or a loved one has been injured in a motorcycle accident, contact the experienced team at the Davis Law Group, P.A. for a free consultation today.

April 23, 2014

I-40 Tanker Truck Crash

On Monday afternoon, a tanker truck overturned on I-40 in Haywood County. According to WLOS ABC News Channel 13, the wreck happened near mile marker six at about 3:00 p.m. For unknown reasons, the tanker truck, hauling sodium chlorite, overturned on the roadway. There is no word on whether or not any other vehicles were involved. I-40 had to be shut down as HAZMAT crews and officials with the North Carolina Department of Transportation worked the scene. No information has been released on the cause of this wreck.

Tanker Truck Was Hauling Toxic Chemical

Sodium Chlorite is a toxic chemical, similar to bleach, that is corrosive. There was also some concern about people breathing in vapors at a nearby rest area. No injuries were immediately reported, but traffic was backed up for more than eight hours. Eastbound lanes were the first to reopen, but the right westbound lane wasn't open until 8:30 a.m. the following day.

According to the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA), hazardous material shipments make up between four and eight percent of all shipments. This may seem like a relatively small number of shipments, but even one tanker wreck or spill can have an incredibly large impact on victims and communities. The PHMSA also reports that in 2013, North Carolina had 366 Hazmat incidents costing a total of $1,647,081 in damages.

After a Truck Accident

After any type of truck accident, victims need to contact a personal injury lawyer as soon as possible. It's not uncommon for tanker truck drivers to haul caustic, flammable and toxic chemicals. If tanker drivers aren't careful, everybody on the road is put at risk. Because the commercial trucking industry has additional rules and regulations to follow, you need an attorney with extensive truck accident litigation experience. An experienced lawyer can stay on top of official investigations and find out if truck drivers were violating any commercial trucking regulations at the time of the crash. If you or a loved one has been injured in an accident involving a semi truck or tanker truck, contact the skilled team at Davis Law Group, P.A. at 866-397-2897 for a free consultation today.

April 17, 2014

Activity Bus Wreck in Henderson County

Last week, a wreck involving an activity bus happened in Henderson County. According to WLOS ABC Channel 13 News, the crash happened just after 9:00 a.m. on Asheville Highway. First responders with Mountain Home Fire Department were swiftly on the scene, since the crash happened close to their station. Apparently the activity bus, transporting children, rear-ended another vehicle.

No injuries were immediately reported, and WLOS ABC Channel 13 News described the wreck as minor. The children were picked up by an additional bus and taken back to school. Very little information has been released on how this crash could have happened. Also, there's no word on whether or not anybody was injured in the automobile that was rear ended. If you or your child is injured in a crash involving a school bus or daycare vehicle, contact the skilled team at the Davis Law Group, P.A. for a free consultation today.

April 16, 2014

Operation Slow Down

It's no secret that speeding is a dangerous behavior behind the wheel, but motorists in North Carolina and across the U.S. are still driving too fast. The North Carolina State Highway Patrol is cracking down on speeding offenders and other dangerous drivers this week. According to WLOS ABC News Channel 13, State Troopers are going to be out in full force cracking down on dangerous drivers. "Operation Slow Down" will run until Sunday, April 20th. State Troopers will be utilizing unmarked and marked patrol vehicles to catch speeders on highways and interstates across North Carolina. According to The Dispatch, over 19,581 citations were issued for a variety of traffic violations during last year's Operation Slow Down.

Speeding: Just the Facts

• In 2011, 9,944 people died in speeding-related crashes.
• In 2010, 10,508 people died in speeding-related crashes.
• Speed was a contributing factor in 30 percent of all fatal crashes in 2011.
• In 2011, 35 percent of motorcycle riders involved in fatal crashes were speeding.
• Only 13 percent of speeding-related fatalities happened on Interstate Highways in 2011.

The Dangers of Speeding

The National Highway Traffic Safety Administration (NHTSA) estimates that economic societal costs of speeding-related crashes are about $40.4 billion each year. Racing, driving too fast for conditions and exceeding posted speed limits are all forms of speeding which can injure or kill drivers and passenger vehicle occupants. Speed limits aren't posted to keep drivers from getting where they're going in a timely manner. They're posted to keep roadway users safe. Preventing fatal and injury-causing crashes in North Carolina needs to be a top priority for motorists. After all, speeding was listed as a contributing factor for nearly a third of all fatal crashes that happened in 2011.

When to Contact an Attorney

When drivers choose to exceed the speed limit, they're putting everybody on the road at great risk. Hopefully, Operation Slow Down will encourage drivers to obey posted signs and increase roadway safety across North Carolina. If you or a loved one has been injured in a car accident involving a speeding driver, contact the experienced team at the Davis Law Group, P.A. at 866-397-2897 for a free consultation today.

April 11, 2014

Fatal One-Car Crash in Mars Hill

On Tuesday morning, a crash in Mars Hill took the life of a paraplegic passenger. The car he was riding in was headed west on Bull Creek Road, when the driver reportedly fell asleep at the wheel. The car left the roadway and ended up in a ditch. Sadly, the victim, 24-year-old Wesley Coates, was not wearing a seatbelt at the time of the crash. No other vehicles were involved in this wreck.

According to WLOS ABC News Channel 13, this crash is still under investigation, but alcohol and speed don't appear to have been factors. The driver was treated for injuries on the scene. The team at the Davis Law Group, P.A. sends their deepest condolences to the family members and friends of Wesley Coates.

April 10, 2014

Charges Filed in Fatal Moped Crash

Charges have been filed in a crash that took the life of a moped rider in Asheville last month. Graham Shepley was riding his moped on Patton Avenue at Mimosa Drive when he was struck by Dimitry Stynka. The crash, which happened on March 21st, occurred when Stynka was making a left turn. According to WLOS ABC Channel 13 News, Stynka told police that he didn't see the moped when he initially made the turn. Sadly, Shepley was pronounced dead at the scene. Stynka was charged with two misdemeanors, death by vehicle and failure to yield to a left turn.

Share the Road

The National Highway Traffic Safety Administration's "Share the Road" campaign is aimed at raising awareness for safely sharing the road with motorcycle riders. Moped and scooter riders face many of the same dangers as motorcycle riders. They're on smaller vehicles. They don't have the added benefit of being protected by a steel cage. They don't have airbags or seat belts. Even when moped and scooter riders wear the appropriate safety gear, they can still get injured or killed. Some people may mistakenly think that mopeds and scooters are safer than motorcycles, because they are much slower. Unfortunately, with distracted and impaired drivers on the road, nobody is safe.

Put Down the Electronic Devices

You can't safely share the road and send or receive a text at the same time. Distracted driving puts other motorists, motorcycle riders, cyclists, pedestrians, scooter riders and moped riders at great risk. If your attention is on anything other than the task of driving, devastating and deadly crashes can happen. Mopeds and scooters are smaller than traditional passenger occupant vehicles, so drivers need to be extra watchful when changing lanes and making turns.

After Losing a Loved One

If you lose a loved one in a motorcycle, scooter or moped crash, you should contact an experienced wrongful death attorney as soon as possible. Surviving loved ones are often facing medical bills, funeral expenses, loss of future income, loss of companionship, and pain and suffering. If you have lost a loved one in a fatal bike crash, contact the experienced team at Davis Law Group, P.A. for a free consultation today. The team at Davis Law Group, P.A. sends their deepest condolences to the family members and friends of Graham Shepley.

April 3, 2014

North Carolina is 10th Most Dangerous State for Cyclists

WLOS ABC Channel 13 News just reported on the disturbing fact that North Carolina was recently ranked the 10th most dangerous state or cyclists. According to the U.S. Department of Transportation, in 2011, North Carolina had 2.59 cyclist deaths per million people. Florida came in first place with 6.36 deaths per million people.

Cyclists in Asheville and across North Carolina are encouraged to take appropriate measures to increase their personal safety while cycling. Helmets, flashing lights and high-visibility clothing are three great ways to protect yourself while cycling the roadways. Unfortunately, even cyclists who take all possible safety precautions can still get struck by distracted, careless or impaired drivers. If you or a loved one is injured in a bicycle accident, contact the experienced team at Davis Law Group, P.A. at 866-397-2897 for a free consultation today.

April 1, 2014

Greenville Bans Distracted Driving

As of April 1st, distracted drivers who are caught in Greenville will be facing hefty fines. WLOS ABC News Channel 13 recently reported on the new distracted driving ban in Greenville. Community concern prompted the ban which was passed on February 10th. Hands-free devices will still be allowed, but drivers should note that the ordinance says "The act of touching a mobile device, whether it is being hand held or not, to text message is never considered hands free."

The Fines

$100 for the first offense
$200 or the second offense
$300 for each subsequent offense that occurs in the same year
After the third offense, drivers can have their electronic devices seized and destroyed

National Distracted Driving Awareness Month

This ban is just in time for National Distracted Driving Awareness Month. This year, the National Highway Traffic Safety Administration will be publicizing their "U Drive. U Text. U Pay" campaign from April 7-15. This high-visibility campaign is aimed at raising awareness about not only the dangers of distracted driving, but also the financial costs associated with texting while driving.

Distracted Driving: Just the Facts

• Each day more than nine people are killed in distracted-driving crashes across the U.S.
• More than 1,060 people are injured in distracted-driving crashes across the U.S. each day.
• In 2010, nearly one in five injury-crashes involved a distracted driver.
• In 2011, 3,331 people were killed in distracted-driving crashes.
• In 2012, more than 3,328 people were killed in crashes involving distracted drivers.
• Approximately 421,000 people were injured in crashes involving distracted drivers in 2012.

After a Crash Involving a Distracted Driver

Whether there is a distracted driving ban in effect or not, drivers who text behind the wheel are putting everybody on the road at risk. If you or a loved one is injured in a crash involving a distracted driver, you should contact an experienced personal injury attorney as soon as possible. Distracted driving takes many forms too, so it may not always be immediately apparent that a driver was distracted at the time of a crash. A skilled attorney can stay abreast of official investigations and look after the rights of injured victims. If you or a loved one has been injured by a distracted driver, contact the experienced team at Davis Law Group, P.A. at 866-397-2897 for a free consultation today.

March 28, 2014

One-Car Wreck in Haywood County

On Monday, 21-year-old Leah Worley's car wound up in a ditch off of US 276. According to WLOS ABC News Channel 13, Worley was on her way to school when she hit a patch of black ice. Unable to keep her car on the roadway, the automobile flipped into a ditch. A witness saw the wreck and dialed 911.

With the assistance of first-responders on the scene, she was able to exit the overturned car. She was transported to the hospital for treatment of minor injuries. Workers with the NCDOT were on the scene after the wreck, shoring-up the area where creek water seeped onto the roadway. Motorists are encouraged to practice safe winter-weather driving habits with the recent precipitation and below-freezing temperatures. If you or a loved one is injured in a car accident, contact the experienced team at Davis Law Group, PA for a free consultation today.

March 26, 2014

Pedestrian Critically Injured on Sunday Night

On Sunday night, a pedestrian was struck by a car and critically injured. The incident occurred at the intersection of Broadway Street and Campus Drive, by the rear entrance of the University of North Carolina at Asheville. At about 9:30 p.m., a pickup truck struck 47-year-old Paul Travis Schaible. According to WLOS ABC Channel 13 News, the victim was listed in critical condition as of Monday afternoon. Additionally, this incident is still under investigation, and no charges have been made.
Pedestrian Crash Facts

• In 2010, 4,280 pedestrians were killed in traffic crashes in the U.S.
• In 2011, 4,432 pedestrians were killed in crashes.
70,000 pedestrians were injured in crashes in 2010.
• Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.
• In 2010, nearly one in five children, between the ages of 5 and 9, who were killed in traffic crashes, was a pedestrian.
• On average, one pedestrian was killed every two hours and injured every eight minutes in 2010.

Everyone is a Pedestrian

The National Highway Traffic Safety Administration's (NHTSA's) "Everybody is a Pedestrian" campaign is aimed at raising awareness about pedestrian safety. A variety of grants have been made available to fund educational and enforcement programs. The NHTSA offers great tips for increasing your safety while walking. There are even tips specifically aimed at keeping children safe on their way to and from school. Finally, the most important part of the campaign is truly recognizing that "Everybody is a Pedestrian." Pedestrians are still getting struck and killed even when they're using crosswalks, obeying signals and wearing high visibility clothing. Motorists need to be on the lookout for pedestrians and always share the roadway with other users.

After a Pedestrian Accident

If you or a pedestrian you love has been struck by a car, contact the experienced team at Davis Law Group, P.A. for a free consultation today. A skilled attorney can stay on top of official investigations and get the ball rolling on your case. The team at Davis Law Group, P.A. wishes Mr. Schaible a speedy and full recovery.

March 20, 2014

GM Recalls 1.6 Million Cars Due to Faulty Ignition Switches

According to CBS News, at least 12 deaths have been linked with faulty ignition switches in certain GM model cars. These ignition switches can unintentionally turn to the 'off' or 'accessories' position at unpredictable and inopportune times when motorists are driving. If this happens, the engine or electrical systems can shut off without warning, leaving drivers and passenger occupants in dangerous and potentially deadly situations.

Models Being Recalled Due to Faulty Ignition Switches

• 2005-2007 Chevrolet Cobalt, Pontiac G5 and Pontiac Pursuit
• 2003-2007 Saturn Ion
• 2006-2007 Chevrolet HHR
• 2005-2007 Pontiac Solstice
• 2007 Saturn Sky

If your car is one of the automobiles being recalled, the National Highway Traffic Safety Administration (NHTSA) website recommends taking all of your keys and key chains off of the key when you start and drive your automobile, and getting the ignition switch repaired as soon as parts become available at your local service center. If you or a loved one is injured because of a faulty or defective part in your automobile, contact the Davis Law Group, P.A. for a consultation today.

March 19, 2014

I-40 Wreck in McDowell County


On Saturday night, a three-vehicle wreck sent at least two people to this hospital. The wreck happened at about 8:50 p.m. on I-40, near exit 75. Westbound lanes had to be closed or almost an hour while crews worked the scene. According to WLOS ABC Channel 13 News, a dump truck hauling a cement mixer was struck from behind by a pickup truck as it was merging into westbound lanes. The pickup truck was then struck by an additional vehicle. At least two victims were taken to Mission Hospital for treatment of injuries. As of Monday, March 17th, the crash was still under investigation, and no information on potential charges was released. Additionally, there is no word on the condition of the victims or the extent of their injuries. WLOS ABC Channel 13 News did report that their injuries were described as non-life threatening on Saturday.

At this point, it seems clear that the driver of the pickup truck is liable for the collision with the dump truck. Most likely, the people in the pickup truck were the ones injured in this crash. If the passenger in the pickup truck was injured, then that person would have the right to make a claim against the pickup driver's insurance company. But what if the passenger was seriously injured? In that case, the pickup driver's insurance company should pay the policy limits. In North Carolina, the minimum limits of liability coverage are only $30,000. You can rack up more than $100,000 in medical bills with one orthopedic surgery and a 5 day hospital stay.

The point here is that you must protect yourself from drivers who have minimum limits liability coverage. How do you do that? You purchase Under-Insured Motorist Coverage (UIM) on your own auto insurance policy. Talk to your insurance agent, and get the most UIM coverage you can afford. At Davis Law Group, P.A., we see people each week who have been seriously injured in situations where the liability coverage is only $30,000. Unless these people have UIM coverage, then the most they will be able to recover for all of their damages, including medical bills, is $30,000. The absolute minimum UIM coverage we recommend is $100,000.

Car Accident Facts

• More than 30,000 people are killed in car crashes each year.
• Total crash-related death costs in North Carolina amount to $1.5 billion in a year.
• Motor vehicle wrecks are the leading cause of death in children, teens and young adults.

Improving Highway Safety in North Carolina

In January, the North Carolina Department of Transportation and the Governor's Highway Safety Program held their third annual Highway Safety Symposium. Over 600 law enforcement officers, district attorneys, magistrates and judges from across North Carolina gathered in hopes to improve highway safety for motorists, cyclists and pedestrians in the state. Topics included bicycle and pedestrian issues, texting while driving and ignition interlocks among other safety issues.

When to Call an Attorney

After any wreck, you should always take care of your immediate health needs first. Whether you're transported from the scene or visit a hospital later, make sure to get medically evaluated after a crash. Even seemingly minor crashes can leave victims with painful after-effects. If you were injured in a crash due to another person's careless, negligent, distracted or impaired driving, you need to speak with a skilled lawyer sooner than later. An attorney can get the ball rolling on your case, and help you deal with pushy insurance companies. If you or a loved one has been injured in a car or truck accident, contact the experienced team at the Davis Law Group, P.A. for a free consultation today.