North Carolina Car Accident Attorney Blog

With Labor Day weekend starting today, our Charlotte, North Carolina car accident lawyers ask that you take extra care in your travels this weekend. North Carolina State Highway Patrol (NCHP) and local police, as well as South Carolina State Highway Patrol (SCHP) will be on the lookout this weekend for speeding drivers and drunk drivers.

NCHP is running its annual "Booze It & Lose It" campaign this weekend. Check points will be set up at various locations throughout the state looking for impaired drivers. In its 2009 "Booze It & Lose It" campaign, over 100,000 traffic and criminal citations were issued over the labor day weekend.

Similarly, SCHP is concluding its "100 Deadly Days of Summer" campaign this weekend with extra patrols on the state's roadways looking for drunk drivers and speeders. To date, there have been 177 vehicular deaths since the "100 Deadly Days of summer" began, which is down considerably from last year's 255 deaths during the same time frame. SCHP attributes these deaths to DUI, speeding and reckless driving.

The Charlotte, North Carolina truck accident lawyers at Auger & Auger are hopeful that Operation Road Watch yields successful results.

NC Highway Patrol (NCHP) announced that starting today, August 24, 2010, and running through August 26, 2010, "Operation Road Watch" will be in effect on I77 in Mecklenburg County. Troopers will be conducting safety inspections on commercial vehicles and will be on the lookout for motorists who are following too closely, speeding, and driving aggressively.

Last year, NCHP investigated 5,577 out of 8,641 wrecks that involved tractor trailer trucks. Of the crashes they investigated, there were nearly 100 deaths, and almost 2,000 injuries. Officials are hopeful that their crackdown on safety will reduce the number of accidents between cars and trucks.

A Charlotte, North Carolina car accident claimed the life of an innocent pedestrian Sunday morning, and a second pedestrian is clinging to life at Carolinas Medical Center. The Charlotte Observer reports that 21 year old Leah Anne Watson was driving down Craig Avenue when she turned her attention from the road in order to reach for a cigarette. In doing so, she crossed the center double yellow line and crossed two lanes of oncoming traffic before jumping the curb, striking two pedestrians. Watson, who had previously been arrested but not convicted of compumption of alcohol under the age of 19, has been charged with involuntary manslaughter, reckless driving, possession of marijuana and drug paraphernalia, no liability insurance, and driving with a revoked registration.

The University of North Carolina Highway Safety Research Center (HSRC) estimates that as many as 30% of all reported car accidents are due to driver distraction. A study conducted by HSRC found one third of subjects used a cellphone while driving, and 40% engaged in reading or writing. The severity of distracted driving in this country has lead the US Department of Transportation to hold a Distracted Driving Summit and launch a government website, www.distraction.gov, in order to bring awareness to this growing problem. The second national Distracted Driving Summit is scheduled for September 21, 2010.

If you or a family member has been seriously injured due to a distracted driver, call Auger & Auger. Your consultation is free.

Our Charlotte, North Carolina car accident lawyers want to remind you to exercise extra caution on the roadways as Charlotte-Mecklenburg Schools will begin classes on Wednesday, August 25. School buses are already navigating Charlotte's roads learning their routes.

Under North Carolina law, motorists are required to stop when a school bus is operating flashing red lights or has its mechanical stop sign displayed. The only time a vehicle is not required by law to stop is when a vehicle is traveling in the opposite direction of the school bus and is on a divided highway made up of four or more lanes that are separated by either a median or center turn lane.

Traffic Team 9 of WSOCTV has identified the heaviest traffic spots as Old Statesville Road between Huntersville and Harris Boulevard, Park Road between Johnson Road and Sharon Road West, Monroe Road between Village Lake Drive and Rama Road, and Pineville-Matthews Road between Providence Road and Alexander Road.

As Charlotte, North Carolina car accident attorneys, we want to remind you that failure to wear a seatbelt is not only a traffic violation in the State of North Carolina, but can result in serious injury or death.

South Carolina Highway Patrol reports that four people were killed in a car accident last night when their Saturn went through a red light and was hit by a Volkswagen. Two of the four Saturn passengers were ejected from the vehicle. None of the Saturn passengers was wearing a seatbelt.

In a recent North Carolina car accident, another four people were killed when they failed to wear their seatbelts. In the one car collision in Wake County, the driver overcorrected after veering off the right shoulder, resulting in the car entereing the left shoulder where it overturned and hit a tree. North Carolina State Highway Patrol reported that the driver and his 3 passengers were all ejected from the vehicle.

Ironically, in spite of these recent deaths attributable to the failure to wear seatbelts, the North Carolina Department of Transportation recently released a report finding that seatbelt use actually rose to 89.7 percent in North Carolina in 2009, and that North Carolina ranks above the national rate of 83%.

North Carolina law and South Carolina law require all occupants of a motor vehicle to wear seatbelts.

To discuss your case with an experienced North Carolina personal injury lawyer, call Auger & Auger. Your consultation is free.

A recent North Carolina car accident that happened during a high speed police chase has left a grandmother and an 11 year old child dead. North Carolina State Highway Patrol acknowledges that Trooper J.D. Goodnight had initially been traveling at a speed of 120mph, and was traveling at 95mph at the time of impact, without his siren blaring. Notwithstanding this admission, an investigation by the North Carolina State Highway Patrol Collision Reconstruction Unit says that Sandra Allmond, the grandmother that was killed, was the one at fault for causing the accident.

A private engineering firm prepared a second report for use by the North Carolina State Highway Patrol in anticipation of legal action by families of the decedents, however, this report will not be made public.

Back in May, our Charlotte, North Carolina car accident attorneys reported in our blog that just three days before this tragic crash, a Raleigh television station released a report indicating that North Carolina Highway Patrol Troopers crashed their vehicles at a rate of 7 wrecks per week during the 2009 calendar year, averaging one crash per day.

According to the North Carolina Department of Transportation, Charlotte has the highest number of bicycle versus car accidents, accounting for nearly 12% of all bike crashes in North Carolina. Statistics show that 61% of bicycle accidents in North Carolina occur on roadways with a speed limit of 35mph or less, 63% occur on two-lane roads, and 61% occur on local streets.

The Charlotte Observer questions whether cyclists and motorists can share the road, and illustrates the ongoing conflict between riders and drivers. Drivers complain that they are slowed by cyclists they cannot safely pass or are riding side-by-side, and that cyclists do not obey traffic laws. Cyclists argue that motorists pass too close to their bikes and cut them off.

So who is right?

Under North Carolina law, a bicycle is considered a vehicle. This means that the rider of bike may ride anywhere except an Interstate Highway or other highway, and while the cyclist should ride as far to the right as possible, the cyclists may ride in the traffic lane if the far right is unsafe to ride on due to poor road condition, or if the cyclist can maintain the same speed as others in the road. It also means that cyclists are required to obey the same rules of the road as a car or truck.

For more information, see Bicyclists' Rights and Responsibilities, or call an experienced bicycle accident attorney for a free consultation.

Our Charlotte, North Carolina car accident lawyers want to remind you to buck up. An annual survey conducted by the Governor's Highway Safety Program found that seatbelt usage in North Carolina rose slightly in 2009 from 89.5 to 89.7 percent. The national rate is 83 percent.

According to the North Carolina Department of Transportation, 431 of the 1,012 traffic related fatalities in 2009, nearly 43%, involved unrestrained drivers. North Carolina law requires that all occupants of a motor vehicle wear seatbelts.

On July 24, 17 year old Charlotte college student Laura Fortenberry was killed in a car accident involving a drunk driver. The alleged drunk driver, Howard Clay Pasour, is a habitual drunk driver. In addition to his 2 prior DWI convictions, he has multiple prior convictions for possession of drugs and drug paraphernalia.

What is Leandra's Law?

Signed into law in New York State on November 18, 2009, Leandra's Law is also known as The Child Passenger Protection Act. Effective December 18, 2009, this New York law makes it a felony to drive while intoxicated (.08 Blood Alcohol Content or more) with a child passenger under the age of 16 in the vehicle, and is punishable by up to 4 years in prison. The prison term goes up to 15 years if the child passenger is seriously injured, and 25 years if the child passenger is killed. The law further requires that the offending driver be reported to the Statewide Central Register of Child Abuse and Maltreatment.

Continue reading "Would Leandra's Law Have Prevented Death of Charlotte Area Teen?" »

A North Carolina car accident claimed the life of a teenager and seriously injured two others last Sunday. The Charlotte Observer reported that Gaston County resident Howard Clay Pasour has been charged with second degree murder in the death of 17 year old Laura Fortenberry, a student in Charlotte. He is also charged with aggravated felony death by motor vehicle, habitual DWI, and two counts of assault with a deadly weapon inflicting serious injury.

North Carolina Highway Patrol estimates that Pasour was driving 60mph when he crossed the center line and struck an oncoming vehicle head-on, killing Fortenberry. Officers found open containers of alcohol in Pasour's vehicle. According to witnesses, Pasour was seen driving erratically before the collision, and a witness that assisted Pasour after the crash noticed the smell of beer on Pasour's breath.

As a parent, it is heartbreaking to know that the families of these young victims are suffering the worst hurt imaginable. As a Charlotte, North Carolina injury attorney, it is frustrating to see that despite Pasour's long history of drug and alcohol convictions, he continued to drink and drive. It is particularly enraging that even with 2 prior convictions for DWI and multiple charges for drug possession, there were even more charges for driving with license revoked, no operators license, and drug possession that did NOT result in convictions.

If you or a loved one are injured by a drunk driver, call Auger & Auger to discuss your legal options.

A North Carolina family visiting Northampton on Long Island, New York, were involved in a truck accident involving a tractor-trailer that overturned, crushing their camper. According to witnesses, the driver of the truck made a turn while traveling too fast, causing the truck to tip over.

The North Carolina driver saw the tractor-trailer truck speeding toward him and tried to avoid the collision but was unable to. Police found that the driver of the tractor-trailer caused the truck crash and issued him traffic citations for speeding and having an inadequate tire, though they had not determined whether the tire contributed to the crash.

If you or a loved one has been injured in a North Carolina tractor-trailer accident, it is best to seek representation. Our Charlotte, North Carolina truck accident lawyers are prepared to fight the trucking company. It is the responsibility of the truck driver to operate their tractor trailer in a safe and law-abiding manner.

No Serious Injuries Reported After Tractor-Trailer Overturns In Northampton, The Southampton Press

News Channel 7 and Blue Ridge Now report that six people were injured Monday in Henderson, North Carolina in two separate accidents in which drivers fell asleep while driving. This resulted in road closures in both cases.

The first accident occurred at approximately 10:45 Monday morning. Investigators state that Jeremy Parker was driving with a revoked license and was driving while impaired when his Dodge Neon crossed the center line, striking an oncoming Honda Pilot. Both vehicles flipped over, and both the driver and passenger of the Honda were trapped and had to be extricated. All three people remain at Mission Hospital, with the driver of the Honda in critical condition. Investigators declined to state what substance Parker was under the influence of.

The second accident occurred a few hours later, at approximately 5:30 pm. Highway Patrol states that Robert Perry Stevenson fell asleep and crossed the center line on U.S. 64, hitting a Lincoln MKZ head-on. Troopers had to extricate all victims, and Stevenson was airlifted to Mission Hospital.

North Carolina Males More Likely to Fall Asleep

A study conducted by the National Highway Traffic Safety Administration (NHTSA) in conjunction with the National Center on Sleep Disorders Research (NCSDR) found that 75% of all accidents in North Carolina involving drivers who fell asleep at the wheel involved males. The study also found that drivers under the age of 30 caused nearly two-thirds of fall asleep accidents, yet this segment of the population only accounts for one fourth of licensed drivers. The study suggested that young males were at the highest risk for falling asleep at the wheel due to physical changes in maturity that increase the need for sleep, and insufficient sleep.

Eight unrestrained children between the ages of 5 and 15 were injured in a Charlotte car accident and were transported to CMC on Monday after the car they were passengers in went through a red light, crashing into a car in the right-of-way. Tonya Hamilton was issued traffic violations for No Insurance, No Child Restraint, No Inspection, and Revoked Tag, and police charged her with causing the accident by disregarding traffic signals. Independent witnesses observed Ms. Hamilton run the red light at the intersection of Nations Ford Road and Arrowood Road at an estimated 35mph.

Police found that 7 of the children were in the second and third rows of the SUV Hamilton was driving, yet those rows are only intended to accommodate 6 passengers. Police also found that there were no child booster seats, no child restraint systems, nor any visible lap belts for any of the children.

North Carolina law requires that children under the age of 8 and less than 80 pounds to be secured in a weight-appropriate child passenger system, and all other passengers under the age of 16 to be secured in a child passenger restrain system of seat belt that meets federal standards. In fact, North Carolina law requires all occupants of a moving vehicle, regardless of their position in the car, to have a seatbelt properly fastened about their body.

Car Crashes the Leading Cause of Death in Children Over the Age of Three

According to the National Highway Traffic Safety Administration (NHTSA), car accidents are the leading cause of death in the United States for children over the age of three. NHTSA has published an easy to follow guide on the age appropriate restraints for children. NHTSA estimates that nearly 3 out of 4 parents are using their child restraints incorrectly. For a child safety restraint system inspection near you, click here.

Photo courtesy of Tracy Benn

In our North Carolina Car Accident Attorney Blog, we recently wrote an article, New Approach to Teach Teens Danger of Texting While Driving. In that article, we described a video that was shown to teens participating in the program, illustrating the danger of texting while driving. AAA Carolinas has announced that it will be airing the video over the upcoming July 4th holiday weekend. That video can be seen by clicking here. WARNING: This video is graphic.

Monday morning, WSOC-TV reported that an early morning crash in Charlotte, NC closed Harris Boulevard at Grier Road for several hours. The accident involved a woman driving the wrong way on WT Harris Boulevard. Police closed the roadway for several hours while investigators tried to determine the reason for the crash, as well as for clean up efforts.

Witnesses report seeing a woman driving eastbound in the westbound lanes of WT Harris Boulevard shortly after 4:00am. Witnesses state that before crashing, the woman was seen nearly striking three other cars and weaving from lane to lane before ultimately striking an SUV head-on.

Police have not release the name of the wrong-way driver, nor the names of the victims. The at-fault driver remains in Carolinas Medical Center with critical injuries.

Minimizing your risk for a head-on crash

While oftentimes, it will be nearly impossible to avoid a head-on collision, there are steps you can take to minimize your risk.
*Allow a safe distance between you and the car in front of you
*Watch 15-20 seconds ahead for cars braking and entering and exiting the roadway
*Watch all directions as you enter an intersection
*Maintain appropriate speed-going too fast decreases the time to take evasive action
*Always be aware of the spatial relationship between your car and others