North Carolina Car Accident Attorney Blog

A recent appellate argument may lead the way for new civil liabilities across the nation for people who text drivers they know to be on the road at the time they send their text. Two injured motorcyclists attempted to sue the girlfriend of a driver who sent him the distracting text at the time of the accident. Both motorcyclists lost a leg, and sued the driver and the driver's girlfriend for damages. The trial court threw out the claim against the texting girlfriend, but the injured motorcyclists appealed. The panel of judges appeared to take an interest in oral arguments that hold the texter accountable for sending texts that can distract the driver.

An injured party in North Carolina can pursue civil action against any negligent party to recover damages. To succeed in a claim of negligence, the injured party must "allege the existence of a legal duty or standard of care owed to the plaintiff by the defendant, breach of that duty, and a casual relationship between the breach of duty and certain actual injury or loss sustained by the plaintiff." Sterner v. Penn, 159 N.C. App. 626, 629, 583 S.E.2d 670, 673 (2003). The aforementioned appellate argument may create the framework for a new civil duty to be applied to those who send text messages to colleagues, family, and friends. This means that texters would also be responsible to people injured by distracted drivers on the road.

If North Carolina chooses to hold those who text accountable, the injured party may have to show the following to succeed in an action against the texter: that the texter knew the driver was driving at the time they sent the text, that the texter knew the driver checks text messages while driving, and that this distraction resulted in the injury-causing accident. Proof may be necessary to show the relationship between the texter and the driver if there was not an explicit discussion documenting that the texter knew the driver was about to be on the road.

Currently there is no such duty imposed upon texters in North Carolina, but the outcome of the appellate decision in New Jersey may open the door for those injured in North Carolina to pursue claims against those who cause the driver to be distracted. At the least, North Carolina drivers still have a duty to not drive while impaired or distracted. Drivers can be held accountable for compensatory damages if they injure others while driving negligently.

Continue reading "North Carolina Texters May Need to Refrain From Texting Friends On the Road" »

You have paid for the tuxedo, tickets, dinner, flowers, dress, hair, make-up, and nails, but are you prepared for the price tag that comes with a DUI?

Senior prom, along with graduation, are the pinnacles of a student's high school experience, and with all of the excitement comes the opportunity for some teens to make poor choices. This is a time for celebrating, but too often, teen celebrations involve underage drinking. According to the National Highway Traffic Safety Administration (NHTSA), during prom and graduation season, defined as April, May, and June, more than one-third of alcohol related fatalities involving people under the age of 21 will occur.

This scenario reads like the children's book If You Give a Moose a Muffin. If your teenager is caught driving under the influence, he will likely be hauled off to jail. While he is being hauled off to jail, his car will likely be towed or impounded. To recover the vehicle, you will have to pay towing/storage fees in order to recover the vehicle. To recover your teenager, you will have to post bail. To post bail, you may need the services of a bail bondsman. Once out of jail, you will need the services of a criminal attorney. To pay the attorney, you may need several thousand dollars. If your teenager has to go to trial, you may need several more thousand dollars. And when you think it is over, it really isn't, because you may need a few more dollars to pay the increased premium on your car insurance. And when it's really over, you can count your blessings that it only cost money to survive your teen's DUI.

Continue reading "Are You Prepared For The $5,000 Prom Ride" »

A recent study shows that a driver's response time and eye contact with the road is significantly decreased if they are texting while driving, regardless of whether the texting is done manually or by voice. The greatest concern derived from the study is that drivers perceived the voice-to-text method as safer, even though it wasn't. The study also revealed it actually took twice as long to use voice-to-text as opposed to manual texting because of the time required to correct errors.

April is Distracted Driving Awareness Month, and North Carolina's Department of Transportation highlighted this point by producing two public service announcements videos that illustrate a driver's diminished mental capacity when using a cell phone while driving. North Carolina currently bans all drivers from texting while operating a motor vehicle on the road. Drivers under 18 and school bus drivers are banned from all cell phone use while driving. The lone exception is for dialing 911 for an emergency. The North Carolina Legislature has previously considered banning cell phone use, including hands free devices, but has yet to pass a more comprehensive law that would outlaw general cell phone use by all drivers on the road.

Last year in North Carolina, 904 accidents were reported where an electronic device was a contributing factor. The World Health Organization has summarized the effects of mobile phone use, stating that cell phone use can cause drivers to take their eyes off the road, their hands off the steering wheel, and their minds off the roads and surrounding locations. Not thinking about the road while driving is called a cognitive distraction that leads to slower reaction times, shorter following distances, and inability to stay in the correct lane. Another study from the University of Utah compared drunk driving to driving while using a cell phone and concluded that while the impaired driving manifested itself in different ways, the effects of cell phone use impairment were just as profound as those while driving under the influence.

Car accident injuries are life changing, regardless of whether they occurred because of a drunk driver or a driver distracted by his or her cell phone. Insurance claims must be made and damages proven in order to receive the compensation that is needed. To succeed in a civil action, the injured party must show that his or her injuries were caused by the other's negligent driving, provide documentation of the medical bills incurred, and produce evidence of any need for future medical care.

Continue reading "North Carolina Drivers Should Avoid Voice-to-Text Messaging While Driving" »

Two pedestrian car accidents marked the end of March in North Carolina. One gentleman was killed by a van and another man was hit by a car while walking to work. The North Carolina Highway Patrol has investigated 497 pedestrian accidents over the last five years, 88 of which involved fatalities. Inattentiveness has been a common factor for both the pedestrian and the driver.

Pedestrians hit by a vehicle can sustain a variety of injuries that can leave the injured party merely scratched and bruised or dealing with a complex set of ailments requiring intensive medical care. Serious injuries come at great cost to the injured - lost wages, medical bills, and property damage expenses on top of increased stress. An injured pedestrian has several avenues of recourse to be made whole and hold the negligent driver accountable. Depending on the circumstances, the state of North Carolina may elect to press charges against the driver. Even if it does not, the injured party may file a claim with the driver's insurance company or seek to sue the negligent driver in a personal injury action. When a pedestrian is injured in a hit-and-run car accident or the driver does not have car insurance or inadequate policy coverage, the injured pedestrian may be able to file a claim with their own auto insurance company with their Uninsured or Underinsured Motorist Coverage.

Pedestrian inattentiveness may negate the ability to collect damages from the party at fault. In North Carolina, if the injured party is also negligent, their ability to seek recovery from the party at fault is barred unless they fall into an exception established by case law. If the pedestrian placed him or herself in a perilous situation but the driver had a "last clear chance" to avoid hitting the pedestrian, then the injured pedestrian may be able to recover even though their actions contributed to the accident. Gross negligence or wanton conduct is also an exception to North Carolina's strict contributory negligence. That exception is typically seen when a driver was driving while intoxicated, speeding, or racing. A bar from recovery may also be lifted if the pedestrian was a young child or cognitively disabled, thus unable to avoid placing themselves outside of a dangerous situation as an "ordinary person" would do.

Continue reading "Pedestrian Car Accidents Reported To Be On The Rise In North Carolina" »

A North Carolina couple was driving home from a church service when they were hit by a man driving in the wrong lane. The couple was severely injured and died the same day. Police are charging the driver with two counts of felony death by motor vehicle, impaired driving, and driving the wrong way on a dual-lane highway. The driver had previously been charged with driving while impaired three times before, but received only one conviction in 2001.

Facts like these lend to outrage as family and friends cope with the grief of the sudden and tragic nature of their loved ones' deaths. The driver in this accident will be held accountable in criminal court, but may also be subject to liability in civil court for the wrongful deaths of the deceased couple. North Carolina's wrongful death statute allows for the recovery of funeral expenses; pain and suffering of the decedent; medical expenses related to the injury that led to the death; society, companionship, guidance, and advice of the decedents to the person(s) entitled to damages; and the net income of the decedent.

Punitive damages may also be awarded in addition to the compensatory damages in a wrongful death action. In North Carolina, punitive damages exist to punish a defendant for egregiously wrongful acts and to deter the defendant and others from acting similarly in the future. In order to collect punitive damages in a wrongful death action, the estate of the deceased must first show the defendant is liable for compensatory damages and that an aggravating factor was present that was related to the award of compensatory damages. These aggravating factors include fraud, malice, and willful and wanton conduct.

In your typical personal injury case, the proof of the liability must meet the legal standard of preponderance of the evidence, where it is more likely than not that the injury occurred as a result of the other party's negligence. The aggravating factors for punitive damages must be shown by clear and convincing evidence, a higher standard of proof. The evidence must be highly and substantially more probable to be true than not true.

A connection must be made between the impairment as the proximate cause of the accident. The condition must have caused the motorist to violate a rule of the road and to operate the vehicle in a manner that was the proximate cause of the collision. Thus, evidence of the impairment is essential in the pursuit of a wrongful death claim. It is important to gather evidence and testimony of witnesses as soon as possible after the accident so that this connection can be established.

Continue reading "Impaired Driver Hits North Carolina Couple in Head-on Collision in Raleigh" »

A motorcycle-riding state legislator has joined a long-standing movement to repeal North Carolina's universal motorcycle helmet law. North Carolina is one of nineteen states that require all riders to wear a helmet. Despite findings published by the CDC that wearing a helmet reduces the likelihood of death by 37%, some insist that the freedom to ride without a helmet should be the rider's choice. The National Highway Traffic Safety Administration estimates that helmets saved the lives of 1,544 motorcyclists in 2010 alone. Those who do not wear helmets in a motorcycle crash are more likely to die from traumatic brain injury. A brain injury costs 13 times more than a non-brain injury; the initial bill alone can be $250,000.

In North Carolina, someone injured in a motorcycle accident can suffer greater financial repercussions due to the state's theory of strict contributory negligence. If someone was contributorily negligent in any way, even if the other party was more negligent, you cannot recover damages in North Carolina. Although failure to wear a helmet does not constitute contributory negligence in North Carolina, there are other ways motorcyclists can forfeit their right to recovery in the event of an accident.

The legal determination of whether or not there was contributory negligence hinges on when someone fails to act with the same level of care as a regular person would in the same situation. This determination is made by a jury, not a judge, because peers in the community have a better sense of how an "ordinary person" would act in the situation of concern. There is an exception, however. It is called the 'last clear chance' and was established by the case Watson v. White, 309 N. C. 498 (1983), where a pedestrian struck by a vehicle had negligently placed himself in a position of peril where he couldn't escape with reasonable care. The motorist saw, or easily could have seen, the pedestrian and taken measures to avoid hitting and injuring him.

Gross negligence, or wanton and willful misconduct, is also an exception to a bar from recovery when contributory negligence is a factor. If another motorist is driving with reckless disregard for the rights and safety of others, an injured motorcyclist or pedestrian can recover damages, even if they were negligent themselves. Gross negligence in an automobile context has typically been driving drunk, speeding, or racing for both plaintiff and defendant in North Carolina. Young plaintiffs, or plaintiffs with severe cognitive disorders, may also be immune from the contributory negligence bar from recovery because they are not able to operate as an 'ordinary person' would in a similar situation.

Continue reading "Freedom, Safety, and Liability: Legislator Joins the Cause to Repeal North Carolina's Motorcycle Helmet Requirement" »

In early February the North Carolina driver of a moped was killed when he merged into the left lane of traffic, behind a semi tractor-trailer. His moped clipped the tail end of the trailer and lost control. The moped driver was not licensed or registered, but under current North Carolina law you do not have to be registered or insured. The North Carolina General Assembly is considering a bill that would require moped owners to register their moped and carry insurance.

In 2009, North Carolina passed the Financial Responsibility Act, which mandates that all automobile owners carry Uninsured and Underinsured Motorist Coverage. Uninsured coverage (UM) pays for bodily injury and property damage costs when the at-fault driver does not have any insurance. Underinsured coverage(UIM) is when the at-fault driver's policy limits do not cover all the expenses incurred from the wreck. The statutory minimum for UM coverage is $30,000 bodily injury liability per person, $60,000 bodily injury per accident (regardless of how many people were involved in the accident), and $25,000 for property damage. UIM coverage requires that the cost of injuries or property damage exceed the at-fault party's limits, and that your contractual limits exceed theirs.

Determining whether the UM or UIM policy applies can be confusing. UM and UIM coverage includes hit-and-run accidents and insured pedestrians hit by a uninsured or underinsured motor vehicle, but it will not cover accidents that are outside a natural and reasonable consequence of the use of a vehicle.

Drivers of mopeds are not considered motorists in North Carolina. The Department of Transportation defines mopeds as 2-3 wheeled vehicles that cannot go faster than 30 mph on a level surface with a motor of no more than 50 cubic centimeters of piston displacement and no external shifting device. Moped users, like bicyclists, have the same access to roadways as standard motor vehicles; they must follow the rules of the road, comply with the state DWI blood alcohol limitations, and wear a helmet. However, if an accident occurs, they may not be protected if the other driver of the vehicle was at fault and uninsured or underinsured.

If the uninsured or underinsured moped driver caused the accident, then the motorist may have to use other legal remedies if the accident is not covered under their UM or UIM policy. In order to recover fees, the injured motorist would have to personally sue the moped driver in civil court and have a judgment entered.

Continue reading "Fatal Moped Accident Raises Questions About Uninsured Motorist Coverage in North Carolina" »

A multi-vehicle crash on Tuesday, February 5, 2013, injured two people and killed another. According to police, the accident happened at approximately 4:15 p.m., when a 2002 Mercedes-Benz ML 320 crossed over into the lane of two other vehicles travelling in the opposite direction.

The other vehicles were also travelling on Ardrey Kell Road between Providence and Tom Short roads. The Mercedes apparently veered into the lane of a 2002 Toyota Tacoma pickup, sideswiping it and then having a head-on collision with a Toyota Sequoia SUV.

The roadway at the scene of the impact was a two-lane paved roadway with shoulders, one lane traveling in each direction divided only by a center stripe. There was a slight curve in the roadway where the collision happened. Based upon the extent of damage to the vehicles, speed and inattention could have been factors in the accident. Neighbors in the area said that vehicles using that road often travel much faster than its 45 mile per hour limit. From the photographs at the scene, all vehicles appeared to be total losses.

Investigating officers related that both the Toyota Tacoma and Toyota Sequoia drivers were transported by ambulance to Carolinas Medical Center-Pineville. They are both expected to survive.

The driver of the Mercedes was flown by MedCenter Air to the Carolinas Medical Center in Charlotte where she died at approximately 7:30 p.m.

The Charlotte-Mecklenburg Police Department is continuing to investigate the cause of this tragic accident.

Our experienced North Carolina attorneys know that there can be several reasons for the driver of one vehicle to veer into the lane of another vehicle coming from the opposite direction. Some of the reasons are driving under the influence of alcohol or drugs, speed, driver inattention, falling asleep and driver distraction.

With all of the technological advances we have, there are many things to cause drivers to be distracted from the task of driving. Some of these distractions are the GPS, cell phone, I-phone, I-pad, head phones, satellite radio, stereo and last but not least, texting.

The problem is so significant that 15 people are killed and over 1,200 are injured every single day because of a distracted driver. As a matter of fact, over 50% of all drivers in the United States between the ages of 18 and 29 have admitted to texting, e-mailing or searching the web, "regularly or quite often," while driving in the last 30 days.

Unfortunately, head-on collisions are serious impact collisions with two or more vehicles colliding with little or no time for evasive action. The results are generally catastrophic, as in this case.

Continue reading "Charlotte Crash Takes Life of 20 Year Old" »

A family of five from Boone, Burke County, North Carolina, survived a wrong-way crash near Savannah, Georgia. The accident happened on Thursday, January 3, 2013 on I-95. Two cars were involved and seven people were injured in what could have been an even more devastating collision.

Investigating officers have released a statement advising that the collision occurred slightly before noon on Thursday. Apparently Virgil Hicks, 83, the driver of a 2007 Buick Lucerne and his wife from Statesboro, Mary Hicks, 82, were traveling the wrong-way in the northbound lanes of the interstate when he hit an SUV. The Honda SUV was being driven by Sarah Miller, 41. Her entire family was with her at the time, including her husband Vachel Miller, 43, Galen Miller, 10, Sidra Miller, 8 and Caspian Miller, 6.

Officers concluded that Hicks became confused and was attempting to get to an exit, when he turned across the interstate and struck the Honda SUV at the entrance of the exit ramp.

Virgil Hicks was in critical condition and his wife, Mary, was listed in stable condition at the Memorial University Medical Center. It was later reported that Virgil Hicks passed away on Sunday, January 6, 2013.

The most seriously injured member of the Miller family was their son Galen, 10, who underwent surgery on Friday morning. He remained hospitalized following his surgical procedure at Memorial University Medical Center. The hospital reported that the injuries to other family members were serious but not life threatening.

Vachel Miller is an assistant professor of education at the Appalachian State University in Boone, North Carolina. Appalachian State University is consistently ranked among the top 15 southern regional universities. The Dean of the Reich College of Education, Dr. Charles Duke, extended thoughts and prayers from the university to the Miller family for a speedy recovery and a safe return home.

Interstate collisions come in all sizes and different levels of severity. Unfortunately, they usually happen in the blink of an eye without time to react, until it's too late. To further increase the odds of serious or fatal accidents on interstates, posted speed limits are 65 miles per hour up to as much as 80 miles per hour in some states.

For wrong-way crashes, drivers sometimes have time to take evasive action if they see a car or truck coming in their direction far enough in advance. However, if you meet another vehicle at the crest of an overpass going in the opposite direction, the results are horrific. Wrong-way crashes are often caused by drunk drivers. Other times, they can be the result of confusion by an elderly driver like Mr. Hicks.

Continue reading "Boone Family Survives Wrong-Way Interstate Crash" »

Two Orange High School juniors from Hillsborough, North Carolina were killed on Saturday, December 29, 2012, when their truck ran off the road at a high rate of speed and struck a tree. The students, William "Chase" Underhill and Kacie Leann Chamberlain, both 16, were pronounced dead at the scene of the collision on Little River Church Road in Orange County.

North Carolina Highway Patrol investigated the accident and reported that it occurred at approximately 10:30 p.m. on Saturday night. They indicated that speed was a factor in causing Underhill to lose control of his pickup. Two other teens, McCray Williams, 15, of Mebane and Sam Whaley, 16, also passengers in the pickup, were seriously injured and transported to Duke University Medical Center in Durham.

Troopers said that none of the teens were wearing seat belts.

Collin Lunsford, 17, is now facing multiple charges filed against him by the North Carolina Highway Patrol and being pursued by Orange County District Attorney Jeff Nieman. The charges are for prearranged speed competition, reckless driving and two counts of misdemeanor death by motor vehicle. All of the listed charges are misdemeanor offenses. Lunsford's next court date is set for January 24, 2013.

Prearranged speed competition is the unlawful racing on streets and highways of the state, as provided under the North Carolina General Statutes, Section 20-141.3.

According to Trooper Stephan Foster, Lunsford was operating a 2005 Chevrolet 1500 and Underhill was driving a Ford F250 at speeds in excess of 90 miles per hour. Neither vehicle made contact prior to Underhill losing control and hitting the tree. Following the crash, Lunsford returned to the scene with his two passengers and called 911.

One of Underhill's friends, Joe Rangel, talked to him before the accident and told him to drive safe. Underhill is the son of an Orange County EMS worker. He said he thought the accident happened when the teens were trying to pass each other on a curve going 100 miles per hour. Rangel related that the Whaley boy had sustained various serious injuries, including a broken collarbone, a fractured pelvis, a punctured lung and a back injury.

News of tragedies like this are especially difficult to hear, when perhaps lives could have been saved if these teens had been wearing their seat belts. Unfortunately, information compiled by the Centers for Disease Control and Prevention (CDC) confirms that accidents among teen drivers between the ages of 16 and 19 is higher than any other age group and four times higher than older drivers. Some factors leading to accidents for this age group are being a newly licensed driver, having passengers, speeding with risky maneuvers and no seat belts. All four factors were present in this accident.

Continue reading " Two Teens Die In Prearranged Speed Racing Crash" »

It is well established that talking on the phone or texting is a major distraction to drivers that is dangerous and likely to lead to accidents. As a matter of fact, there have been studies saying that a texting driver is more likely to be involved in an accident than a drunk driver.

Now a study conducted at the University of Washington has revealed that 30% of all pedestrians crossing a street are distracted by some mobile communication device. It also concluded that pedestrians who are texting were four times less likely to look before entering the street, follow pedestrian traffic control devices or cross streets at designated cross walks.

After monitoring some of Seattle's busiest intersections, researchers found that pedestrians who are texting took two seconds or more longer to cross the road than people who are not texting. Other past studies have documented pedestrians taking more risks crossing streets when talking on their cellphones or while wearing headsets.

Dr. Beth Ebel, who led the team conducting the research, said they observed over 1,100 people crossing Seattle's busiest streets at random times. The result was astounding. Nearly 30% of all pedestrians were distracted in some way while crossing busy streets. Some of the primary distractions included listening to music (11.2%), texting (7.3%) and talking on a cellphone (6.2%).

Interestingly, those pedestrians using I-phones or some other smart phones walked even more slowly than others using other mobile devices and were more likely to walk into the street without looking or cross against the pedestrian traffic control device.

According to the Centers for Disease Control and Prevention (CDC), some 60,000 pedestrians are injured and 4,000 killed each year.

Dr. Ebel says that this is much like Pavlov's experiment in behavioral psychology in which he would ring a bell and give them food. After a while, the dogs would begin to salivate after the ringing of the bell, even when there was no food. She compared getting a text message to the ringing of the bell, knowing that we are about to receive the treat of a message.

Pedestrians in many states could possibly recover damages from the driver of a vehicle that struck them, even if the pedestrian was partially negligent for not paying attention. Those jurisdictions have some form of comparative negligence. However, since North Carolina is a pure contributory negligence state, pedestrians cannot recover if their negligence in any way contributed to the cause of the accident and resulting injuries.

Nevertheless, drivers need to be on the lookout for distracted pedestrians who are not paying attention when crossing busy streets in front of them.

Continue reading "New Study: 30% Of Pedestrians Crossing Streets Are Distracted" »

A couple of studies conducted by the University of North Carolina have revealed that genes affected the study participants' response to pain shortly after the accident and up to six weeks later.

The studies were conducted using information gathered from nearly 1,000 adults who have been involved in automobile accidents. Because of inherent genetic variations in the test group, different people responded differently to pain intensity.

Dr. Samuel McLean said the findings are significant especially for people who seem to have substantial persistent pain, without visible objective findings. Typically, those people with only subjective complaints are considered to be suspicious and sometimes do not receive treatment they need. This study now provides a genetic basis for these different responses to pain.

Prior studies have shown that pain following an automobile crash is not entirely related to traumatic damage to tissue but might be further influenced by physiological responses to the collision. In the current study, participants had a blood sample taken immediately after the accident in the emergency room and again six weeks later. On both occasions the extent and severity of the pain suffered by the participants was documented.

One study looked at the role played by dopamine, the neurotransmitter associated with processing pain. The result was that the severity of pain felt by someone immediately following a collision would vary because people had different genes.

Another study looked at the role played by the hypothalamic-pituitary adrenal axis, which helps individuals respond to stressful events. The resulting discovery was that different gene variations were related to more intense body pain and a 20% higher risk or moderate to severe neck pain after six weeks.

Dr. McLean said that this opens new doors for treating people who have been exposed to traumatic events like an automobile accident. Until now, physicians have always been told that if there is something wrong with a patient, there would be objective evidence of it in the form of an X-ray, an MRI or some other diagnostic tool. Based upon these new findings, subjective pain can be caused by genes, which have nothing to do with physical evidence such as a fracture.

It is thought that these developments can lead to dramatic new ways to treat pain in different individuals. For now, the doctors who are involved in pain management for patients see the identification of the biology of pain as being a giant step forward.

Continue reading "Genes May Determine Car Crash Victims' Pain Tolerance, Study Says" »

A tragic accident that happened in Columbus County, North Carolina is a reminder for everyone to "Buckle Up."

On November 10, 2012 at approximately 6:30 p.m., Jesus Mondragon, 34, was driving his SUV. He had four passengers with him at the time, when he reportedly ran a stop sign at the intersection of NC 131 and Silver Spoon Road. According to news reports, he hit another vehicle being driven by Hannah Worley, 20. None of the six people involved in this crash were reported to be wearing seat belts.

Two young children in the back of Mondragon's SUV were ejected during the collision and killed. They were Samantha Mondragon, 11, and Ashley Mondragon, 2. Investigators said that they believe their lives would have been saved if they had been properly restrained. North Carolina Highway Patrol Sgt. John M. Lewis determined that speed was not a factor. He said that the Mondragon SUV was traveling at about 55 miles per hour when it ran the stop sign and hit the other vehicle on NC 131 that had the right of way.

Sgt. Lewis went on to say that, "It's the parent's responsibility or their guardian or that person operating the vehicle to make sure that everyone is restrained. For children to be as innocent as they are, most just don't know better. If they don't practice it themselves, then these are the outcomes." In this case, the impact of this collision and the reportedly forgotten seat belts will be with this family forever.

Statistics reveal that over half of the car crash fatalities involved people who were unrestrained. Without a doubt, wearing a seat belt is the single most effective way to survive a serious accident and usage is increasing across the country. Enforcement laws have resulted in increased usage of seat belts. Most states, including North Carolina, have what are called primary enforcement seat belt laws. Primary enforcement laws allow an officer to pull you over and give you a ticket for not being belted or for having unbelted passengers. Secondary enforcement states only allow officers to issue a citation for a seat belt violation if you have been pulled over for some other reason.

Statistics don't lie! Don't be in too much of a hurry or simply forget to make sure you and all of your passengers are securely belted. Having your seat belts on can protect you and your loved ones from needless injuries or death. Remember, the chances of survival after being ejected from a vehicle are slim.

Continue reading "Columbus County Sisters Die In Crash" »

Asheboro Police were called out on Halloween night to investigate an accident involving three vehicles. Two vehicles, which were dropping off trick-or-treaters, were stopped on the road with their flashers on. A 2001 Mitsubishi being driven by Michael Aaron Jenkins, 21, reportedly crashed into the rear of a 2008 Nissan, which was shoved into a 1995 Nissan as a result of the collision. Four people were hurt. Fortunately, six trick-or-treaters had already gotten out of the cars and were uninjured.

The investigating officers stated that the crash occurred at roughly 8:30 p.m. on Old Castle Road close to Buckhorn Drive in Asheboro. The identities of the four injured victims were not released. However, they were transported by ambulance to Randolph Hospital for examination, treatment and later released.

Police charged Michael Jenkins with driving while intoxicated (DWI), driving with a revoked license and failure to slow down to avoid the accident, in addition to careless and reckless driving. Their investigation revealed that he was driving around 70 miles per hour in a 35 mile per hour speed zone. His reported estimated speed at the time of impact was said to be around 50 miles per hour. Under the alleged circumstances, it was remarkable that the crash didn't result in more severe injuries or fatalities.

Jenkins' vehicle was also seized by police because he was reported to be driving with a revoked license. His license had reportedly been suspended in 2008 because of another DWI.

North Carolina has zero tolerance for anyone under the age of 21 driving after drinking, regardless of their blood alcohol content (BAC). For anyone over the age of 21, any BAC in excess of .08 will result in a DWI. For commercial drivers, the allowable BAC is even lower at .04.

Nearly 30 people die every day in alcohol related accidents. This is roughly one fatality every 48 minutes. In 2010 alone, there were 10,228 people killed in alcohol related accidents, accounting for 31% of all traffic fatalities in the United States.

Make no doubt about it, drinking and driving is a deadly mix. Not only can it change forever the lives of the victims who suffer catastrophic injuries but it can be a life changing event for the driver, as well.

Continue reading "Drunk Driver Injures Four In Asheboro Accident" »

With a rash of tragic accidents resulting in serious injuries or fatalities to those people who have to work near or on North Carolina roadways, there are plans to broaden the state's Move-Over Law.

Originally, the North Carolina Move-Over Law was passed some 11 years ago to help protect police, firefighters, ambulances and other vehicles that exhibited red or blue colored flashing lights at an accident scene. Motorists were required to move over into another lane, if it could be done safely, to provide extra room and safety for emergency personnel who were near the lanes of speeding vehicles.

The new broadened version of the Move-Over Law, which was adopted in June 2012 by the General Assembly, became effective on Monday, October 1, 2012. The expanded version now requires motorists to change lanes and move over, as they approach road maintenance or utility crews, tow trucks and other vehicles that exhibit flashing amber lights.

Under the law, motorists are required to move over a minimum of one lane, when there are two or more lanes going in each direction. Obviously this means moving over at least one lane, when it can be done safely. When there is only one lane of traffic going in each direction, motorists are required to slow down and be prepared to stop. The fine for violating the Move-Over Law is $250, plus court costs.

There are 47 states which have some type of law requiring motorists to slow down and move over, if it is possible to do so safely, to avoid police cars, ambulances, fire trucks and other emergency response units stopped near or on the roadways.

Unfortunately, motorists continue to have accidents with police officers, construction crew workers, utility workers, surveyors, tow truck drivers and other emergency responders, seriously injuring them or causing the loss of lives.

In August 2012, there were two North Carolina Department of Transportation (NCDOT) workers killed after a vehicle lost control and went into a construction area near Murphy. Another similar accident in May 2012, left two people dead and another seriously injured in Yancey County. A North Carolina Highway Patrol Trooper was seriously injured in September 2012, when his vehicle was struck from behind while he was performing a routine traffic stop in Madison County. Finally, another NCDOT worker was killed on October 2, 2012 when he was struck by a vehicle as he was trying to remove a tree that had fallen across a roadway in Watauga County.

Continue reading " North Carolina "Move-Over Law" Is Broadened" »