North Carolina Car Accident Attorney Blog

On May 20, 2010, Raleigh television station ABC11 released a report indicating that North Carolina Highway Patrol Troopers crashed their vehicles at a rate of 7 wrecks per week for the calendar year 2009, an average of one crash per day.

Three days after the release of this report, an accident involving a State Trooper took the lives of 2 innocent victims. Trooper J.D. Goodnight was traveling 120mph just before he crashed into Sandra Allmond's vehicle, killing her instantly. An 11 year old passenger was also killed.

In an interview with Capital Broadcasting Company, Highway Patrol spokesman Sergeant Jeff Gordon advised that there is no regulation concerning the speed limit a trooper may reach while pursuing traffic enforcement. High-speed police chases are not occurring just in North Carolina. In Milwaukee, Wisconsin, rules regarding police pursuits were recently changed. The old rule only required that the officer have reasonable suspicion of a crime before engaging in a pursuit. Now, an officer must find probably cause that the suspect committed a violent felony before engaging in a pursuit.

Opponents of limits on when an officer may engage in a high speed chase fear that criminals will become bolder, and that officers may be subject to investigation based on spilt-second decisions. There is also fear that the suspect will do even greater harm to the general public if the suspect is not apprehended. On the other hand, according to Geoffrey Alpert, professor of criminology at the University of South Carolina, 35%-40% of all police chases end in crashes. Professor Alpert opined that "restrictive chase" policies save lives.

While North Carolina Highway Patrol does not have any regulations pertaining to high speed chases in traffic enforcements, other jurisdictions are enacting limits on chases, sadly, however, only after similar tragic events such as this one.

On May 19, 2010, while participating in "A Ride of Silence," a group bicycle ride to honor those who have been injured or killed while cycling on public roadways, 6 cyclists were mowed down by an SUV traveling in the opposite direction. The 21 year old driver of the SUV, Daniel Burton Wilson, II, fled the scene.

Wilson, who reluctantly turned himself in, has been charged with 6 counts of felony hit-and-run. Wilson has refused to answer any questions relating to this incident, leading one to speculate whether drugs or alcohol were involved, or even whether this was an intentional act.

Four of the six cyclists that were hit were rushed to area hospitals.

According to the North Carolina Department of Transportation, a bike rider is allowed to ride anywhere in the traffic lane, and not just to the right hand edge of the roadway, provided the rider is able to maintain the same seed as other vehicles on the road. Otherwise, riders are advised to stay to the right-hand side of the lane. Here, the cyclists reportedly were within their lane when Mr. Wilson crossed the double yellow line into oncoming traffic, striking the cyclists head-on.

Our Charlotte bike accident attorneys can answer your questions related to cycle accidents with cars.

In its 2010 session, the North Carolina Senate will decide whether to put an end to the archaic doctrine of contributory negligence and adopt a form of comparative negligence. Presently, North Carolina is one of only 5 states that follows contributory negligence, meaning if an injured party is partially responsible for his injury, even if only 1%, he is prevented from recovering any damages from the party primarily at fault.

The proposed new law, HB 813, modeled after the Uniform Apportionment of Tort Responsibility Act (UATRA), passed the North Carolina House of Representatives in May, 2009. Under the proposed HB 813, an injured party will be prevented from recovering damages only if his contributory fault is greater than or equal to the other at fault party. In a situation where more than one party is at fault, as long as the plaintiff's fault does not add up to more than that of the other at fault parties combined, the plaintiff may recover part of the damages caused by each at fault party.

How does this affect the average auto accident victim? Lets say you were involved in an auto accident in which the at-fault party made a left turn in front of you, causing you to collide with their vehicle. Assume you were traveling 45mph in a posted 35mph zone. Under the current system of contributory negligence, the insurance company for the left-turning vehicle could deny your claim due to your traveling above the speed limit. Under the proposed HB 813, a jury would determine your percentage of fault and apportion your damages accordingly, as long as you were less than 50% at fault.

If HB 813 passes, it will mean more injured parties will receive compensation they are rightfully entitled to. Often times, a police officer investigates an accident scene and is "unable to determine" fault. Passage of HB 813 will give greater leverage to people who find themselves in this situation.

Contact your NC Senator and tell them you want them to vote "YES" on HB 813. To find out who your senator is, go to the NC General Assembly Senate page.

With the month of May being National Bike Month, and the onset of warmer weather, more cyclists are taking to the roads. The prudent driver will exercise caution when encountering a bicycle rider.

A bicycle is considered a vehicle by North Carolina Law and cyclists are required to obey the same rules of the road as the driver of a car or truck.

Often times, however, automobile drivers do not treat cyclists as fellow motorists and tend to become impatient when behind a cyclist. Drivers must remember that unless they are maintaining a safe distance and a proper lookout, a seemingly minor impact with a bicycle can cause serious injury and even death.

In North Carolina in 2008, 32 cyclists were killed. This represents 2.2% of all traffic fatalities in the state, and exceeds the national average, which is 1.9% .

Our accident and injury attorneys can help you obtain the compensation you may be entitled to.

Our Charlotte, North Carolina car accident lawyers are often called upon by the families of pedestrians injured when hit by a car. On Tuesday, May 11, 2010, 17 year old Rayshawn Rainey was killed from injuries suffered in a Charlotte pedestrian accident.

According to witnesses, the teenager was trying to cross The Plaza. After clearing the two inbound lanes, he was struck when crossing the first outbound lane. The minor was struck by a second vehicle when he fell into the next lane.

Charlotte Mecklenburg Police continue to investigate, and neither drive has been charged.

Pedestrian Accidents

According to the National Highway Traffic Safety Administration (NHTSA), nearly 12% of traffic deaths in 2008 were pedestrian, with approximately 75% of pedestrian deaths occurring at nonintersections (i.e., crossing in the middle of the street).

NHTSA has also found that although overall traffic related deaths have decreased, pedestrian traffic deaths have not seen the same decline.

Resources

Transportation Administration to Focus on Pedestrians, Cape Cod Times, April 22, 2010