North Carolina Car Accident Attorney Blog

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.

Delvin Joel Marin-Contreras has been charged with misdemeanor death by motor vehicle and driving without a license in connection with a fatal Charlotte, North Carolina car accident this weekend, and is being held on $10,300 bond.

Saturday morning, Charlotte Mecklenburg Police responded to a report of a disabled vehicle on I277. They arrived to find the vehicle parked out of the travel lane, and in the breakdown lane. As the investigating officer was speaking with the driver of the disabled vehicle, a car driven by William Sweezer, crashed into the rear of the officer's patrol car. A second, off-duty officer stopped to assist. Sweezer got out of his car to speak with the officers when an SUV drivern by Marin-Contreras, hit Sweezer's parked car, and then struck Sweezer, and both officers, killing Sweezer and injuring the 2 officers.

Continue reading "Unlicensed Driver Kills 1, Injures 8" »

NC Highway Patrol believes speed may have been a factor in an accident that took the lives of the Williams family from Ash, NC.

Joshua Williams was driving with his wife and 2 children, when he crossed the center line of a curved road and hit a school bus head-on. The school bus driver and one student suffered minor injuries.

Accident reconstruction experts were at the scene of the accident, trying to determine whether Williams was speeding when he rounded the curve in the road. The posted speed limit in that area is 55mph.

According to a study conducted by the National Highway Traffic Safety Administration, speed was a factor in almost 30% of all fatal car crashes. Further, it has been reported that when the speed limit on an interstate is raised, speed related fatalities will rise, but when the speed limit remains unchanged, so does the fatality rate.

The National Highway Traffic Safety Administration (NHTSA) just kicked off its latest campaign to prevent impaired driving. The program, Kiss Me, I'm Sober, runs from today thru March 17, 2011.

It is no secret that St. Patrick's Day is one of the biggest party nights of the year, particularly for young adults. Drivers in the 21 to 24 year old age group are responsible for more fatal car accidents with a blood alcohol concentration of .08 or above, than any other group. Research shows that 59% of all fatal car crashed on St. Patrick's Day in 2005 involved drivers with blood alcohol concentrations of .01 and above, and out of those, most (89%) had blood alcohol concentrations of .08 or more.

State and local police will be on the lookout for impaired drivers. Our experienced car accident attorneys remind you to be safe: designate a sober driver, or call a cab.

Howard Pasour, the habitual drunk driver who killed local teen, Laura Fortenberry in July, will spend the next 21 years in prison.

Pasour, who had 3 prior convictions for DWI, and multiple prior charges for drug possession, plead guilty today to second degree murder, habitual DWI, and 2 counts of serious injury by vehicle.

In response to this tragic event, the North Carolina House Judiciary Committee has approved House Bill 49, known as "Laura's Law." It provides for longer prison sentences for repeat DWI offenders, and allows judges to require the convicted drunk driver to wear an alcohol monitoring bracelet.

But Laura's Law is still too lenient on drunk drivers. Our car accident attorneys have reported several times, that other states, such as New York, have taken a far more aggressive approach towards drunk drivers. As we have reported, New York State requires an ignition interlock device be put in place for all DWI offenders, including first offenses.

North Carolina should also require that repeat offenders have their vehicle impounded. According to the Department of Corrections, 83% of the 1,200 people in prison for DWI, are repeat offenders.Police are doing their job. DWI checkpoints routinely result in numerous arrests. It is up to our representatives to strengthen our laws.

A jury in Wake County found former surgeon Raymond Cook, guilty of involuntary manslaughter, felony death by motor vehicle, and driving while impaired. Cook, who gave up his medical license one week after this deadly accident, was sentenced to at least 3 years in prison.

Cook's blood-alcohol content was 0.24 percent, three times the legal limit, when he crashed, killing aspiring 20 year old ballerina, Elena Shapiro. Cook was reportedly traveling over 80 mph through an intersection when he struck Shapiro's car.

Following the verdict, jurors advised reporters that they were just 2 votes short of convicting Cook of second degree murder.

An informal study conducted by State Farm Insurance found that nearly 1 out of 5 drivers use the internet while driving. Due to these alarming results, State Farm has expressed plans to conduct a more thorough study later this year.

The director of Auto Technology Research at State Farm, Cindy Garretson, believes these figures to be underestimated. According to Ms. Garretson, the survey respondents were in the mid 30's age group, but the majority of smart phone users fall into a younger demographic.

The National Highway Traffic Safety Administration reports that from 2005 to 2009, traffic fatalities attributed to driver distraction increased from 10% to 16%, and that drivers under the age of 20 years old made up 16% of distracted driver fatalities. This was followed by the 20-29 year old population which made up 13% of all distracted driver fatalities. Although the 30-39 year old age group did not represent the highest number of distracted driver fatalities, it was the group that had the highest number of drivers that were distracted due to cell phone use.

If you or a loved one has been involved in a car accident caused by a distracted driver, call the experience car accident lawyers at Auger & Auger for a free consultation.