Recently in bicycle accident Category

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.

November 28, 2010

Car Strikes And Kills Female Cyclist In Asheville

bike crash.jpgFriday evening, around 6:30pm, a car driven by Patricia Harvey, 48, struck a bicyclist from behind causing a tragic crash on Piney Mountain Drive off of Chungs Cove Road in east Asheville. Police have indicated that the cyclist, Tami Rene Leaven, 35, died at the scene from massive head injuries.

Police say that Leaven did not have any lights on her bike, although the law does not require a bicyclist to have a light on the rear of a bicycle - only a reflector that can be seen from 200 feet behind. Most bicycles are sold with a reflector that satisfies state law in this regard. Police have not said whether the bike ridden by Leaven had the required reflector. A police spokesperson said that the area where the collision happened on Piney Mountain Drive was a dark section of road and not well lit.

In North Carolina, the law requires motorists to see what can be seen and to keep a proper lookout. It is unclear at this time whether Leaven was visible to motorists approaching from behind or not. If the bicycle she was riding did not have the required reflector, then Harvey may not have seen her in time to avoid the collision. If the bike did have a reflector visible from the rear, then the question will be 'why did Harvey fail to see it?' These are questions the District Attorney's Office must grapple with, and the DA will have to decide whether the facts justify bringing criminal charges against Harvey.

Continue reading "Car Strikes And Kills Female Cyclist In Asheville" »

July 8, 2010

Defective Bicycle Sold In North Carolina Recalled By CPSC

bike - defective.jpgAs parents and students begin preparing for the coming school year, the Consumer Product Safety Commission (CPSC) announced a voluntary recall for a single speed bicycle sold by Campus Cruisers LLC of Boulder, Colorado.

Although the bicycle is popular among high school and college students, the CPSC has received several reports of crashes caused by the bicycle's front fork cracking and breaking. This type of front fork failure is extremely dangerous because such a break generally causes the rider to go head first onto the ground or pavement. Serious head and neck injuries can result from this type of crash. The bicycle was sold to independent bicycle dealers in North Carolina and in other states from March 2010 through May 2010. The cost of the bicycle was approximately $450. The bicycle was manufactured by a company in China.

Continue reading "Defective Bicycle Sold In North Carolina Recalled By CPSC" »

May 6, 2010

ABC News Features North Carolina Truck Accident Case To Illustrate Truck Industry Abuses

Doug Harrell.jpgOn October 13, 2005, a young man road his bicycle on the side of a rural North Carolina highway from his cousin's house back to his own home. At the same time, a truck driver had been driving his tractor trailer for 23 hours in a row and was heading back to the truck terminal. As the trucker came up from behind the bicyclist at 73 mph, he didn't see the bicycle or rider until the last second. The collision killed the young man on the bicycle, and then the truck company cover-up began. Because of the cover-up, no criminal charges were filed, but a relative decided to go under-cover and work for the truck company. The hidden evidence he discovered became the foundation of a wrongful death lawsuit.

Channel 11 ABC Eyewitness News (WTVD) decided to run a feature story about this case because of the disturbing evidence Truck Accident Attorney Brian Davis discovered during the litigation of this case. Click on the below window to view the ABC News Video and see how greed and big business drove one North Carolina truck company to ignore the law and the safety of the general public.

">

Continue reading "ABC News Features North Carolina Truck Accident Case To Illustrate Truck Industry Abuses" »

April 12, 2010

North Carolina TV Station Is Focusing On Truck Accidents

Pate-Dawson Co.gifToday, a senior producer from a regional television station contacted me about Truck Safety in North Carolina. She started the conversation off by noting how many recent tractor-trailer accidents appear to be the result of either truck driver fatigue or unsafe truck equipment.

The producer told me that she was working on an upcoming program that will focus on truck safety and how some truck driver's and truck company's failure to be safe have seriously injured or killed North Carolina citizens. She wanted to know if I had any former clients whom I thought would be willing to be interviewed for her news article. One case immediately popped into my mind. The case was against a motor carrier called the Pate-Dawson Company.

One evening a few years ago on a dark rural highway outside of Goldsboro, NC, a tractor-trailer truck owned by restaurant food distributor Pate-Dawson Company ran over a young boy on a bicycle. At the time, the boy was riding his bicycle on the side of a two lane road outside of Goldsboro. The tractor-trailer came up from behind and ran him over.

After the wreck, the truck driver lied and told the police that the bike had darted-out from a side road into the highway, and that he had no time to react. The truck driver also lied and told the Trooper that he had only been on duty for 11 hours at the time of the wreck. The truck driver lied again telling the Trooper that his on-board electronic computer (black box) was not working and contained no electronic data about the crash. This information was confirmed to the Trooper by several company executives (including the owner) who rushed to the scene trying to perform damage control.

When the investigating State Trooper looked inside the cab of the big rig, he found two separate driver's daily log books. In the truck business, this conclusively shows that a truck driver is trying to beat the system and driver more hours than the law allows. The Trooper charged the driver with falsifying his logs.The Trooper did not charge the driver with anything else at the time because all he had to go on was the trucker's and company executives' word. Little did the Trooper know that everything he had been told was a bald-faced lie.

We were extremely lucky in this case in that after the crash, a cousin of the young boy who had worked in the trucking business applied for and took a job as a dispatcher at the company that owned the tractor-trailer - Pate Dawson Company (PDC). His sole goal was to find out what happened to his younger cousin. As a dispatcher, the cousin secretly investigated the crash and discovered the hidden electronic evidence proving the truck driver had been on duty and driving for 23.5 hours at the time of the wreck. When the family showed the Trooper what the cousin had found, the Trooper re-opened the investigation and did a reconstruction of the crash - concluding that the truck driver could have seen the young as far back as 1200 feet from the point of impact - significantly more than enough distance to stop a tractor-trailer that's going 55 mph.

The parents of the boy hired us approximately 2 years after the truck accident. Our team of experts thoroughly investigated the case and conclusively proved that the boy did not dart-out from a side road, that the collision actually took place just outside of the truck's lane of travel - on the shoulder, that the truck driver was speeding (73 in a 55 mph zone) when he struck the bicycle, and that the trucker had been on duty for 23.5 hours when the fatal collision occurred. Most importantly, we were able to show that the truck driver's employer not only knew about his numerous safety violations, but it encouraged, endorsed and at times demanded it.

During litigation, we uncovered unbelievable information about how this motor carrier had thumbed its nose at the Federal Motor Carrier Safety Administration by not adhering to the hours of service regulations. We discovered internal company memos that showed this particular driver had been found to be "habitually driving more hours that the law allowed," and one manager at the company tried to persuade the President of PDC, Matt Sullivan, Jr., to put a stop to the illegal driving, but Matt Sullivan refused and knowingly kept putting this and other illegal drivers back on the road. A significant number of this company's tractor-trailer drivers were driving over the legal hours limit and had been for years. Unfortunately, this boy's death was the result of their refusal to operate safely and within the law.

Not surprisingly, the case settled as it neared the courtroom. At the time of the settlement conference, the owner of the company told the boy's father that his company had been doing some things it should have not been doing, and that they had changed their (evil) ways. It is just horrible that someone had to die and a family had to be torn apart for the truck company to understand why these safety laws are in place. Sadly, if the cousin had not gone undercover and discovered the damning evidence, the truck company would have completely gotten away with reckless homicide.

After confirming the television producer's credentials, I contacted the young boy's parents and they agreed to participate in the news report and tell their story. The senior TV producer says the parents' story is compelling and the news article will air in a few weeks. I will try to post an update as to the program's date and time. It should be interesting....

Brian Davis is recognized as one of the nation's top experts in serious truck accident injury cases. He serves as a national adviser for the Association of Plaintiffs Interstate Trucking Lawyers of America and is a member of the Interstate Truck Litigation Group of the American Association for Justice. Attorney Davis' goal is to help reduce the number of preventable truck accident cases in North Carolina.

November 9, 2009

Asheville - Target Fails to Inspect Bicycle - Brain Injury

Schwinn Kids' Bike.jpgWhen a consumer purchases a bicycle, or any product for that matter, they have the right to expect that the product will be safe for its intended use. After all, a corporate retailer is never allowed to needlessly endanger its customer or the general public. But that is exactly what big box giant Target has been doing for years. There are an estimated 67 million bicycles being ridden in America, and more than 59% of those are ridden by children.

On April 15th, 2006, a North Carolina couple decided to purchase a bicycle for their 14 year old daughter. They researched the various types of bicycles available and selected, what was in their opinion, the best bike for their daughter. They purchased the bicycle at Target because Target offered free assembly, represented that the bike was ready to ride, and their price was cheaper than buying the bike at a local bicycle specialty store.

Two weeks later, after the bicycle had been ridden just a few times by the daughter, the mother hopped on the bike to ride 3 blocks down the street to a neighbor's house. As she pedalled along, she shifted the bike's gears and suddenly the handle-bar violently jerked to the right, throwing her into the street on her head. The investigation found that the cause of the bicycle wreck was that the gear shift cable was incorrectly routed around the water bottle cage.

The brain injury was devastating. Severe amnesia, over a week in the intensive care unit, and months of brain injury rehabilitation therapy. The medical bills were enormous. She was unable to return to her profession as an auditor, and the extent of her injury left her with severe cognitive and emotional impairments. There are more than 150,000 non-fatal brain injuries from bicycle accidents each year in the US.

Continue reading "Asheville - Target Fails to Inspect Bicycle - Brain Injury" »