North Carolina Car Accident Attorney Blog

In a completely preventable tragedy, a car accident in Union County took the life of Weddington High School student Riley Laymon. Four other students suffered serious injuries in the crash.

According to North Carolina State Troopers, a group of high school students were traveling on Antioch Road when the driver, 17 year old Robert Cooke III, lost control of the vehicle, a pickup truck, causing it to flip two times. Roads were wet Saturday, and Troopers believe Cooke was traveling too fast for conditions when he rounded a curve and went off the roadway, causing the truck to roll.

Cooke, who still had his provisional drivers license, was only lawfully allowed to have one passenger in the vehicle. He has been charged with Failure to Wear a Seatbelt, Failure to Comply with License Restrictions, and Misdemeanor Death by Motor Vehicle.

Four of the five passengers in this Cooke's pickup truck were not wearing seatbelts. Three of the teens were completely ejected from the vehicle, and a fourth teen was partially ejected. Only the belted teen was not ejected, and she only suffered minor injuries and has already been released from the hospital.

Continue reading "Car Accident In Union County Leaves 1 Teen Dead, 4 Injured" »

Newly licensed teens are at a much higher risk for being involved in a car accident in North Carolina. A new study shows that a newly licensed teenage driver in North Carolina is 2 times more likely to crash during their first month of solo driving than they are following 2 years driving experience. The University of North Carolina Highway Safety Research Center was commissioned on behalf of the AAA Foundation for Traffic Safety to study the driving behavior of newly licensed drivers.

The study looked at 50 North Carolina families with teenagers applying for a learner's permit. Cameras were installed in their vehicles and recorded activity inside the car, and also activity in front of, and behind the vehicle. Parent interviews were conducted 10 times over the course of a year. The cameras monitored the teens while they were driving with their parents while they had their permits, as well as the first 6 months of solo driving with their provisional license. The study also analyzed the cause of crashes for newly licensed drivers in North Carolina.

In their analysis of the reasons why teens were crashing, they found 3 common behaviors:
-Failure to Reduce Speed
-Not Paying Attention
-Failure to Yield

Continue reading "Newly Licensed Teens At Much Higher Risk For Car Accident In North Carolina" »

The Charlotte, North Carolina car accident attorneys at Auger & Auger remind you that North Carolina Law requires that drivers and all passengers of a motor vehicle wear seatbelts, and that children under the age of 8 must be properly restrained in an appropriate car seat.

The National Highway Traffic Safety Administration (NHTSA) has declared the week of September 18-24, 2011 as Child Passenger Safety Week. According to Seatcheck.org, up to 70% of car seats are not properly installed. To find a child car seat inspection station near you, click here.

According to NHTSA, the leading cause of death for children between 3 to 14 years of age is motor vehicle accidents, and on average, 4 children die each day in a car accident. Of the 5,598 children killed in car accidents in 2008, 46% were not wearing seatbelts. NHTSA recommends that all children under the age of 13 ride in the back seat.

A North Carolina car accident has left a child in critical condition after being ejected from a vehicle. Four year old Gilbert Garcia Torres was thrown from a vehicle Sunday morning when a Toyota Camry hit a Ford Explorer so hard that it came to a rest on its side, with the ejected child trapped beneath it. Bystanders were able to lift the SUV off the child.

Police are still investigating and trying to determine how the child was ejected. North Carolina law requires the driver and all passengers of a motor vehicle to wear seatbelts, and all children under the age of 8 to be secured in a child passenger restraint system.

Hendersonville Police Captain Doug Jones reports that Torres' condition is improving.

Continue reading "4 Year Old In Critical Condition After Ejection From Vehicle" »

If you are the victim of a North Carolina Car Accident that occurred at night, the chances that one of the drivers is under the influence of both legal and illegal drugs is increasing. According to the National Highway Traffic Safety Administration (NHTSA), more than 16% of nighttime drivers were found to be under the influence of impairing drugs, both legal and illegal, and that half were high on marijuana. This is significantly higher than the daytime level.

With one-third of the states having laws legalizing marijuana (presumably for medical purposes), driving while stoned is a growing problem. There is no federal standard governing a permissible level of marijuana in the blood, and different state have either different standards for marijuana levels, or no standards at all. Further, scientists disagree on the level at which a person is impaired, and a regular medicinal marijuana user can have higher residual levels in their blood even days after their last drug use.

Continue reading "Driving While Stoned: A Growing Problem" »

Whether it is a text message, an email, or GPS, many drivers are guilty of "peeking" at their phones while driving.

What if I just read a text but don't actually respond to it?
Most people likely know that it is illegal to "text" and drive, but may not know that the law also prohibits the reading of a text. The law makes it illegal to read any electronic mail or text message transmitted to or stored within the device while operating a motor vehicle. This makes "peeking" illegal, even though you might not actually be texting. Good thing for stops signs and red lights, at which you would be considered "lawfully stopped."

Though not considered a moving violation for which license points can be assessed, the penalty is a $100 fine plus court costs.

Continue reading "Are You Peeking?" »

Early this morning, a Sky Express tour bus which departed out of Greensboro, North Carolina, crashed, killing 4 and injuring at least 50 others. Police cite driver fatigue as the cause of the wreck.

The tour bus, which left North Carolina at 10:30pm on Monday, was on its way to Chinatown in New York City. The bus veered off I95 north of Richmond, Virginia and hit an embankment, causing it to overturn.

According to USA Today, records from the Federal Motor Carrier Safety Administration (a division of the U.S. Department of Transportation) reveal that Sky Express has one of the lowest safety ratings of all motorcoach carriers. In the last 2 years, Sky Express has been cited for 24 fitness violations that were bad enough that drivers were prohibited from driving until the problems were remedied. An additional 46 violations were issued for violating rules governing the length of time a driver can be behind the wheel, and violations of logbook requirements.

Continue reading "Driver Fatigue Blamed In Crash That Killed 4, Injured 50" »

The driver of a tour bus that struck and killed a man crossing the street has been charged with Vehicular Manslaughter and Driving While Impaired.

Timothy White was struck and killed by a luxury tour bus operated by Steve Drappel.

It has been reported that Drappel blew a 0.14 at the scene, and that a second blood alcohol test taken later at the police station found a blood alcohol level of 0.08, twice the legal limit of 0.04 for commercial drivers.

Investigators discovered vodka in Drappel's travel mug along with a half-empty bottle of Smirnoff vodka. Drappel dragged White for almost 30 feet before heeding to onlookers cries to stop.

Continue reading "Pedestrian Killed by Drunk Bus Driver" »

North Carolina Highway Patrol has found that 16 year old Taylor Clark was texting when she caused a head-on collision, killing 17 year old passenger, Seth Beaver. Clark has been charged with misdemeanor death by a motor vehicle, failing to yield, and texting while driving.

It has been illegal for drivers in North Carolina under the age of 18 to use a cell phone while driving since 2006, and for any driver to text while driving since December 1, 2009, but drivers such as Clark continue to ignore this law. In fact, a study by the Insurance Institute for Highway Safety has reported that even though North Carolina bans cell phone use by drivers under 18 years of age, cell phone use by this group actually increased since the law went into effect.

There are currently three bills pending in North Carolina, all aimed at curtailing the use of cell phones by all drivers. If passed, House Bill 31 will make it illegal to use a cell phone while driving, and House Bill 44, would allow use of hands free devices only. Senate Bill 36 is nearly identical to House Bill 31. If passed, these laws will go into effect on December 1, 2011.

Our experienced car accident attorneys encourage you to talk to your teen. Reinforce the rules. Sit down with your child and watch "Faces of Distracted Driving". Real stories, about real teens, who paid the ultimate price when someone was texting while driving.

Early Tuesday morning, Mount Holly Police arrested 24 year old Tracy Ellett who had her 2 and 5 year old children in the car, for Driving While Impaired. Ellett failed a field sobriety test and was found to have bloodshot eyes, was unsteady on her feet, and had an odor of alcohol. Ellett, however, refused to take a breathalyzer test. Shortly thereafter, a court order was issued authorizing a forced blood sample to determine Ellett's level of intoxication. Ellett has subsequently been charged with 2 counts of Contributing to the Deliquency of a Minor, and is being held on $20,000 bond.

The next day, another mother, Kalie Leann Nickels, also known as Trista Ann Nickels, was arrested for Driving While Impaired, and her 2 year old child was in the car. Taylorsville Police pulled Nickels over after receiving reports of a pickup truck almost hitting a school bus head-on. During the traffic stop, the officer noticed that the 2 year olds car seat was not properly installed. When the officer attempted to properly position the car seat, he discovered a large bottle containing 83 Dilaudid pills, and another large bottle containing 27 Xanax pills. Nickels 2 year old child is in the custody of the Department of Social Services, and Nickels, who was wanted by the US Marshal's Service in Florida on indictments for Conspiracy to Possess with Intent to Distribute Methamphetamine, has also been charged with Possession of a Schedule II Controlled Substance and Possession of a Schedule IV Controlled Substance. She is being held on $5,000 bond.

Continue reading "In Separate Incidents, Kids In Car With Mothers Driving Under The Influence" »

Police say that William David Watson was drunk when he caused a Hickory car accident injuring 5 people.

According to the driver of the other vehicle, Watson was seen swerving just prior to the crash, so he took evasive action and pulled to the side of the road, but was still hit head-on by Watson.

Watson, who has been charged with Driving While Impaired, Carrying a Concealed Weapon, and Possession of a Stolen Firearm, is no stranger to the criminal courts. As a teen, he was convicted twice for possession of marijuana and once for underage possession of alcohol. His troubles with the law continued into his 20's and 30's, with more drug convictions, and 2 charges but not convictions, for Driving While Impaired. He is currently awaiting trial for a speeding charge and a charge for hit and run and leaving the scene of an accident.

The victims of this accident were treated and released from Frye Regional Medical Center. These victims will be entitled to recover damages for their injuries, as well as punitive damages, as Watson was charged with Driving While Impaired. An experienced car accident attorney can recover damages from the responsible party for a victims injuries.

Police have identified 18 year-old Chahid Omar Solamen as the driver in a one car accident in Greenville, North Carolina that left one person dead, and three hospitalized. An unknown fifth person walked away from the wreckage.

Solamen has been charged with Driving While Impaired, and more charges will likely follow due to the death of one of the passengers. At least three of the passengers were not wearing seatbelts and were ejected from the vehicle.

In 2009, over 45,000 drivers were involved in fatal car accidents and more than 10,000, or 22%, had a blood alcohol levels above .08. Of those drunk drivers, 35% were between the ages 21-24, 32% between the ages 25-34, and 19% between the ages 16-20. Those not even old enough to drink legally were responsible for 19% of drivers in drunk driving fatal accidents.

Until people get the message that it is not OK to drink and drive, these statistics will not decrease. As for the passengers in Mr. Solamen's vehicle, if they knew or should have known that Solamen was under the influence of alcohol, it can prevent them from recovering damages. For more information, contact an experienced car accident attorney.

On March 15, our North Carolina car accident lawyers reported to you about a tragic fatal accident in which the unidentified driver of a pickup truck crashed into the rear of a tractor trailer truck parked off the side of I85.

We now know that Hipolito Torres Galicia has been charged with Driving While Impaired, and 2 counts of Felony Death by Vehicle. His immigration status has not been released.

The driver of a tour bus involved in a deadly crash on I95 in New York City is now under federal investigation. Ophadell Williams was driving a tour bus with 31 passengers, from casinos in Connecticut back to Chinatown in Manhattan when he crashed, killing 15 people, and injuring the rest.

Williams told investigating officers that his bus had been clipped by a tractor trailer tuck, causing him to swerve to the right, sideswipe a guardrail for 300 feet, and ultimately crash into a support pole for a highway sign which sheared through the bus, tearing the roof off.

But passengers are telling a different story, prompting an investigation by the National Transportation Safety Board (NTSB). An investigating officer, speaking to reporters on condition of anonymity, stated that passengers aboard the bus noted that the driver had swerved several times prior to the crash, and further, they did not feel any impact before the crash. This officer also interviewed other drivers on I95 at the time of the crash and no one saw the bus get hit. He also reported that the driver had an incomplete log book, something that is required for commercial drivers. Another source said Williams was speeding.

Continue reading "Driver in Fatal Crash under Federal Investigation" »

Two passengers in a pickup truck died yesterday in a fatal crash in Charlotte, North Carolina. Three others were transported to Carolinas Medical Center, likely with life-threatening injuries. North Carolina Highway Patrol has not released the identity of any of the victims.

A tractor-trailer truck was parked on the side of I85 early Monday afternoon. Photographs of the accident scene clearly show the truck on the gravel shoulder, not in a travel lane. An eyewitness advised Troopers that he observed the pickup trup swerve suddenly to the right, crashing into, and under the parked tractor trailer.

The question on everyone's mind is why did the driver of the pickup truck suddenly veer into the parked tractor trailer. Troopers intend to test the driver of the pickup for alcohol, and to interview him to determine the reason for his departure from the roadway.