North Carolina Injury Attorney Blog

A young female juror near Detroit will face a contempt of court hearing this coming Thursday. Her crime? She defied a judge's Order that she not discuss the case on which she was sitting - a criminal trial against a 40-year-old Clinton Township resident charged with a misdemeanor and a felony for resisting arrest. Hadley Jons, 20 of Macomb County, Michigan, received the same warning as all of the other jurors chosen to hear the criminal trial. But, apparently, she was the only juror to post her thoughts about which way she would vote on Facebook.

On Facebook, Jons wrote that she was "actually excited for jury duty tomorrow. It's gonna be fun to tell the defendant they're GUILTY. :P."

The defense lawyer's son, Jaxon Goodman, found the post on-line on August 11th. The defendant's lawyer, Saleema Sheikh, informed the judge before court the next morning. The judge then questioned Jon's if she had posted anything about the case on Facebook. She originally denied it, but then she reportedly put her face down and failed to answer when the judge read the post out-loud in open court.

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As safety advocates and parents continue to preach the dangers of texting while driving, teenagers continue to test the texting laws to the detriment and harm of everyone else. Last week, Justin Wallace, a 19 year old Connecticutt man, showed up in Superior Court to be formally charged with a host of minor crimes arising out of his texting while driving hit & run fiasco with a pedestrian.

In the early evening of July 24, Lori Walsh was walking single file with her dog and two children down Tanner Marsh Road. At the same time, Wallace was driving his father's 1997 tan Toyota Camry in the same direction as the mother and children were walking. Wallace was sending and receiving text messages on his cell phone as he drove down the road. He knew it was against the law but didn't think he would get caught.

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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.

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A new national study by the Pew Research Center finds that adults are just as likely to have sent text messages while driving as teenagers, and adults are much more likely to have talked on their cell phone while driving when compared to teenagers.

While much attention has recently been focused on teen texting while driving due to several fatal crashes, it appears that adults are just as deserving of similar attention and education. The study's statistics are startling, and it makes this author think that we adults need to look in the mirror before we are so quick to judge our teenagers.

Continue reading ""Do As I Say & Not As I Do" - Adults Are Texting & Driving Too" »

Most adults recognize the dangers associated with texting while driving, but many teens do not appear to appreciate how serious a danger it can be. The facts about distracted driving are startling:

1. Using a cell phone while driving decreases the amount of brain activity connected with driving by 37% (source: Carnegie Mellon);

2. More than 6,000 people were killed by distracted drivers in car accidents in 2008, and more than 500,000 people were seriously injured (source: NHTSA);

3. Drivers under 20 years of age are responsible for the vast majority of distraction related fatal collisions;

4. Texting drivers are five times more likely to cause a car accident serious enough to put themselves in the emergency room (source: Insurance Institute For Highway Safety); and

5. Using a cell phone while driving decreases a driver's reaction time to the same degree as having a blood alcohol concentration (BAC) of .08% - the legal limit in North Carolina (source: University of Utah).

Continue reading "Stopping Asheville Teens From Texting While Driving" »

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" »

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.

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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" »

The North Carolina Highway Patrol has found the Wake County school bus driver at fault for causing the collision that critically injured a Raleigh firefighter last Friday. The bus driver has been suspended with pay pending the outcome of the investigation.

A Highway Patrol spokesman said that the bus driver, 52 year old Sheila Wimbush Hall, crossed the center line and side-swiped an oncoming station wagon on Ligon Mill Road near the intersection of Louisburg Road. The bus brushed off of the station wagon and continued into the oncoming lane and struck a pickup truck driven by off-duty Raleigh fireman Harry "Flip" Kissinger. After the collision, the bus landed on top of the pickup truck, pinning the driver inside. The Highway Patrol says that charges are pending.

As I reported in a previous post, Kissinger suffered a serious head injury in the wreck. He is stil in the intensive care unit at Wake Medical Center. He has undergone several medical procedures related to his brain injury, and he is still not out of the woods. The waiting room at WakeMed is packed with Kissinger's fireman colleagues and family members.

Continue reading "Raleigh Bus Driver Causes Wreck with Firefighter - Was She Texting?" »

Many of us have done it or have seen other drivers texting while driving. In North Carolina, as of December 1st, texting or reading emails while driving is now illegal and will get you a pricey ticket and points on your insurance.

The reason for the prohibition on texting and driving would seem obvious - if you are driving your eyes should be on the road in front of you, but there are many drivers on the road who think they can drive and text at the same time. State Troopers, in North Carolina and across the US, say the practice is unsafe and leads to many wrecks, serious injuries and sometimes even death.

Several national studies have found that texting and driving is very dangerous. A recent study at Virginia Tech found that drivers are 23 times more likely to be involved in a crash when texting on their phones. A Car and Driver Magazine study found that texting while driving is more dangerous than driving while impaired.

http://www.wral.com/news/state/video/5399126/

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