North Carolina Injury Attorney Blog

Every so often, we have to do things that we would rather not do, if we had the option. For me, going to the dentist every six months to get my teeth cleaned falls into this category. During my dental visit yesterday, my hygienist told me about her son who just turned sixteen. "He now has his driver's license, and we bought him a Jeep," she told me with some anxiety in her voice. Having younger children myself, this peeked my curiosity.

She went on to tell me that they had titled the Jeep in her and her husband's name and added the son to their car insurance policy. At this point, the lawyer in me came alive. "Do you understand that if he gets into a wreck and hurts someone, you could get sued," I asked? She looked surprised, and said, "you've got to be kidding? How?"

Continue reading "Teen Drivers Can Create Serious Liability For Parents" »

The recently released results from a study by the Centers for Disease Control (CDC) establishes what most safety experts had already suspected: teenagers are still texting while driving, despite knowing the risks.

The study found that one-third of high school students admitted they had texted or emailed while driving within the previous 30 days. The study gathered information from approximately 15,000 high school student across the United States.

High school seniors reported the highest percentage of the dangerous activity. About 43 percent of 11th graders and 58 percent of 12th graders admitted texting or emailing while driving in the 30 days prior to the study.

Continue reading "CDC Study Confirms Suspicions About Teen Texting While Driving" »

When you are speeding and not paying attention on a busy city thoroughfare, bad things can happen. Yesterday in Charlotte, a reckless driver caused a serious 5 car pile-up. When the driver of a Mercedes Benz sped down W.T. Harris Boulevard, which is a four lane highway, it ran another car off the road and then into another vehicle.

After the initial collision, the Mercedes flipped over onto its top and slid approximately 300 feet where it smashed into another car and an SUV. The Mercedes was destroyed.

Fireman responded to the crash very quickly. One person was pinned in their vehicle, and emergency workers had to cut that person out of their car. That person and three others involved in the collisions suffered injuries and were transported to a local hospital.

Careless and reckless driving charges will most likely be filed against the driver of the Mercedes. Police did not disclose what caused the initial collision.

Please read the Thanksgiving Safe Driving Tips below:

Continue reading "Thanksgiving Safety Tips For Those On The Roads" »

A sobering study by Consumer Reports regarding mobile device use for drivers under the age of 30 recently found that of those surveyed:

63% used a cell phone while driving in the last 30 days;

30% texted while driving in the past 30 days;

Only 36 % were very concerned with distracted driving;

Only 30% thought using a cell phone while driving was very dangerous; and

58% saw a dangerous situation because of distracted driving in the last 30 days.

Consumer Reports released this data just as it is beginning a joint public services campaign with the U.S. Department of Transportation (DOT). The campaign aims to bring awareness of the dangers of distracted driving to young people.

According to the National Highway Transportation Safety Administration, distracted driving injured almost half a million people in 2009, and killed nearly 5,500. The Virginia Tech Transportation Institute found that dialing a phone makes it six times more likely to get into an accident, while texting while driving multiplies the chance of an accident by 23.

Continue reading "Consumer Reports Finds Young Adults Texting While Driving " »

With the epidemic of texting while driving causing more and more serious crashes, injuries and deaths, the North Carolina Legislature is taking up the issue of a total ban of cell phones while driving a motor vehicle. North Carolina Lawyers Weekly covered the story this week.

Representatives Garland Pierce, D-Hoke, and Charles Graham, D-Robeson, filed the bill to ban cell phone use while driving on February 2, 2011. The bill is known as H. 31 and is titled, "An act to make using a mobile phone unlawful while driving a motor vehicle on a public street or highway or public vehicular area." The bill is currently in the House Rules Committee.

The bill basically bans any use of a cell phone, even via blue tooth hands-free technology, while one is operating a motor vehicle. This ban would include school bus drivers. The only exception under the new bill would be in the case of an emergency.

The penalty for violating the proposed new law would be a $100 fine and no insurance points.

Continue reading "North Carolina Moves Forward To Ban Cell Phones While Driving" »

Last Saturday morning, shortly before 3a.m., an intoxicated Jennifer N. Kessler, of Arden, drove her vehicle the wrong way on Interstate 240 in Asheville. As Kessler neared the Brevard Road exit, her vehicle collided head-on into a vehicle operated by Mandie Kirkconnell, 29, of Asheville. Kessler suffered serious injuries, but Ms. Kirkconnell died at the scene. This is the second wrong way collision in Asheville this year.

As a result, authorities have charged Kessler with felony death by vehicle, driving while impaired and reckless driving to endanger. She faces prison time for what she did.

Kirkconnell was a remarkable woman who positively touched every person with whom she came in contact. A devout Christian and a talented musician with an incredible voice, Ms. Kirkconnell was very active in her church at King of Glory Christian Church in Swannanoa as well as at many other churches in the Asheville area, including Relate Church and the Melchizadek House of Prayer.

Kirkconnell's friends say that in light of her strong faith and belief in the healing power of the love of Christ, she would want everyone to forgive Kessler for her horrible mistake in judgment. A tall order for even those with a strong faith. Those who knew her were clearly blessed if but for the short time she was here.

Continue reading "Mandy Kirkconnell - A Tragic Loss For The Asheville Community" »

Last Friday afternoon just after 4 pm, a 2004 Nissan Maxima driven by Temikia Gooding, 23, of Kinston, hydroplaned on a rain slick highway near New Bern, crossed the center-line, rotated counter-clockwise, and was struck by a large dump truck driven by Charles White, 49, of New Bern.

The front of the dump truck impacted the Maxima on the passenger's side of the vehicle. The driver of the Maxima and her passenger, Alsheen Wooten, 27, of Vanceboro, were killed in the crash. The truck driver reported that the Maxima suddenly crossed into his lane of travel, and that he did not have time to avoid the collision.

The Maxima was traveling north on NC Highway 43, and the dump truck was traveling south.The investigating North Carolina State Trooper concluded that the driver of the Maxima was driving too fast for the rainy conditions. The investigating Trooper indicated that no charges would be filed against the driver of the dump truck. Knowing what to do if your vehicle hydroplanes is critical for safe driving on wet roads.

Continue reading "Fatal Crash On NC Highway 43 Near New Bern Blamed On Hydroplaning" »

The leading cause of death for teenagers, ages 16 to 19, in North Carolina is motor vehicle crashes. This unpleasant statistic applies across the U.S. as well. In 2008, 9 teenagers died every day from injuries in car wrecks. More teens are killed in car crashes than in any other way. Thus far, almost all states have taken some action to try and reduce teen crashes. But the restrictions vary greatly from state to state.

In North Carolina, the state legislature implemented a graduated driver's licensing (GDL) law that restricts teenagers' right to drive. The law places more restrictions on younger drivers and eases those restrictions as the driver increases in age.

A recent study analyzing the hospitalization rates for teen drivers in North Carolina shows that the GDL system is working. Since the GDL program went into effect, the hospitalization rate for teenagers between 16 and 19 years of age has decreased. The study concluded that the decrease was due to reduced exposure to dangerous situations (e.g. several teenagers in a single vehicle) than to improved driving skills.

Continue reading "Motor Vehicle Crashes Are Top Teen Killer In North Carolina" »

With the recent death of an Asheville teen caused by texting while driving, more attention is being focused on this extremely dangerous activity. Thus far, 25 states have passed laws banning texting while driving. In North Carolina, the ban went into effect on January 1, 2010, and the penalty if you get caught texting while driving is $100.00. So far, few North Carolina citizens have been caught breaking the new law, but, as anyone who is on the road knows, the illegal activity is rampant on our roads and highways.

Given the difficulty of enforcing the new law, the North Carolina Highway Patrol has taken a new strategy aimed at educating teen drivers when they are first learning to drive. The Highway Patrol is encouraging teen drivers to text while driving a golf cart around a parking lot full of orange cones. The results are eye opening for the teen drivers as they run over multiple cones while trying to navigate sharp turns and stop at stop signs. The golf cart experience is gaining popularity across the state and the nation. Each student in Lenoir and Duplin County will get behind the wheel of the golf cart before the end of the school year.

Continue reading "Teen Texting Responsible For Increase in North Carolina Crashes" »

A serious crash closed Interstate 40 for over an hour Monday evening when a westbound Lincoln Town Car crossed the median and went under the rear wheels of an eastbound tractor-trailer. The collision happened just east of the Radio Road bridge that crosses I-40 near Mile Marker 150. Emergency workers and the North Carolina Highway Patrol shut down all 4 lanes of Interstate 40 while they attempted to rescue the occupants of the car.

Trooper Marty Liles of the State Highway Patrol (SHP) investigated the crash and reported that the car, driven by Rashad Whitner, 32 of Hickory, originally went off of the right side of the westbound lanes, re-entered and crossed the westbound lanes, entered the median and went under the median cables, and then entered the eastbound lanes at which time the car went under the rear of the tractor-trailer and was run over by the trailer's rear axles.

Continue reading "I-40 Tractor-Trailer Accident: Truck Runs Over Car" »

On Friday, Asheville Police disclosed that they had accessed the information stored in Ashley Johnson's cellphone. Police investigators who examined the Arden teenager's cellphone stated that the information showed that Johnson, 16, was retrieving a text message just seconds before the BMW she was driving crossed the center line and struck an MB Haynes pickup truck head-on. Investigators also retrieved data stored in Johnson's vehicle's airbag module to determine her pre-impact speed. The airbag module showed that the she was traveling 52 mph. The posted speed limit for Long Shoals Road is 45 mph. The driver of the pickup truck suffered injuries, but he is expected to recover.

Emergency workers airlifted Johnson to Mission Hospital's Trauma Unit, and she remained in the Intensive Care Unit for several days before she eventually died from her injuries. This is a terrible tragedy that should never have happened.

The 10th grader was an exceptional and popular student. She attended Buncombe County Early College, where she was working toward earning her associate degree.

I have several prior posts about the deadly dangers associated with texting while driving. Unfortunately, many people feel that, if they are careful, they can safely text while they are driving. This is impossible. Several studies have shown that if you text while driving your attention level is worse than that of a drunk driver. In fact, a texting driver is 23 times more likely to have a deadly accident that a non-texting driver.

Several mobile applications (apps) are on the market to help us restrict our, and our teenage children who drive, impulse to text while driving. Applications that can deactivate a phone's ability to send or receive texts while in motion are quite effective.

Continue reading "Teen Texting While Driving Caused Deadly Asheville Accident" »

This shocking image illustrates the potential dangers of trying to use a cell phone while driving. The young driver of the Volkswagen failed to see the motorcycle when he pulled out into the highway. Records showed that the Volkswagen driver was texting at the time of the collision. Not surprisingly, the driver of the car, his passenger, and the motorcyclist were all killed instantly.

As I have discussed in a prior posting, driving while texting is illegal in North Carolina, but the new law has not stopped many drivers from continuing to text as they drive down the road. Recently, Oprah Winfrey decided to use her fame for yet another great cause - stopping people, and particularly teens, from using their cell phones while driving. Oprah calls it the "No Phone Zone Pledge." Basically, it is a way for people to promise to themselves and their loved ones that they will stop texting while driving. Oprah has asked that everyone take the pledge.

Our nation's Congress has also been evaluating ways to prompt each state to enact legislation to ban texting while driving. Secretary of Transportation, Ray LaHood, asserts that, if it were up to him, he would ban texting while driving immediately.

">

Continue reading "Asheville No Phone Zone Pledge" »

If you have less than $100,000 in car insurance on your vehicle, you are rolling the dice and risking financial ruin every time you drive your car. In North Carolina, the minimum amount of insurance coverage required by law is $30,000. But what most insurance agents fail to tell you is that unless you purchase more than the minimum limits of coverage, you are really not protecting yourself or your family from irresponsible drivers, particularly younger drivers. Here's why.

Last week, one of our new clients was on her way home from work, and the traffic in front of her slowed to a stop because a car had stopped to make a left hand turn. She also slowed down and stopped. Ten seconds later, she looked up just in time to see a large SUV barreling down on her. She recalls starting to yell, but the next thing she remembers is waking up in a hospital bed 3 days later. After 2 weeks in the trauma unit and 3 surgeries later, she is trying to figure out how to pay for her hospital bills. Unfortunately, the young girl who did not see her because she was texting and driving has the minimum limits of insurance coverage - this means that the most the young girl's insurance company will ever pay is $30,000. The client's medical bills are over $100,000 already, and she still has months of rehab to complete before she can return to work. There is a way to protect yourself from this very real risk.

You should tell your insurance agent that you want to have at least $100,000 in Uninsured Motorist (UM) and Under-Insured Motorist (UIM) coverage. The increase in your premium should be less than $50 every six months. If you are able, you should ideally purchase a $1 Million umbrella policy that also provides you with UM and UIM coverage. This is the best way to make sure that, if you or a loved one is seriously injured in a car accident, you have the insurance coverage to compensate you for your losses, such as medical bills and lost wages.

Continue reading "Why Everyone in North Carolina Needs More Than The Minimum Limits of Car Insurance" »

North Carolina State Troopers have charged a Brevard man for driving the wrong way on Interstate 26 between Asheville and Hendersonville. The wrong way driver, James Mint Barton, age 65, apparently traveled at least 15 miles in the wrong lanes before he was apprehended by State Troopers. He told Troopers that he was on his way to the Asheville Airport.

Not surprisingly, Troopers charged Barton with Driving While Impaired. Trooper RE Baker stated that Barton was also charged with reckless driving and driving the wrong way on a dual lane highway. Barton ran several cars off the Interstate during his extreme drunk driving, but fortunately no accidents occurred and no one was injured.

Continue reading "Police Charge Asheville Wrong Way Driver " »

The National Highway Transportation Safety Administration (NHTSA) has received more than 60 reports from Toyota owners who claim they have experienced sudden acceleration events after having their cars fixed for the very same problem. The safety agency is in the process of contacting each of the owners to gather more details about the reports. Many safety experts and those in the industry believe that Toyota's problem is electronic and not mechanical as the largest automaker in the world has claimed. The recall involves installing a metal piece the size of a postage stamp and shortening the length of the accelerator. As I have mentioned in prior posts, Toyota so far has recalled over 8 million vehicles.

Many of those who have been seriously injured or killed in sudden acceleration events have sued Toyota for selling a dangerous and defective vehicle. Click here to see a copy of one of the complaints. One hot issue in all of these lawsuits has been the information contained in each vehicle's black box. Each Toyota has a black box, like those on airplanes, that records various data when the vehicle is in a crash - such as speed, whether the accelerator was depressed or whether the brake pedal was depressed. Toyota has fought tooth and nail to keep from having to turn over any of the specifics about the black boxes in these cases. Toyota has settled most of these cases out of court, but several are pending. This author thinks Toyota is afraid to have their black box information made public for a very good reason.

Continue reading "Toyota Recall Not Fixing Some Vehicles In North Carolina" »