North Carolina Car Accident Attorney Blog

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?" »

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.

Ji Sheng Lu and his daughter, Jing Lu, were killed Wednesday morning in a Charlotte, North Carolina car accident involving a distracted driver. Ms. Lu's one-year old son, who was in a stroller, suffered serious injuries. The family was walking in their Charlotte neighborhood when Sharai Marie Bauer, driving on Corsica Forest Drive, took her eyes off the road to reach to the floorboard to recover something that had fallen. Witnesses told Charlotte Mecklenburg Police that the car swerved towards the Lu family, who was walking with traffic and close to the curb, and hit them from behind. According to local residents, drivers often speed on this road, which has a posted speed limit of 25mph.

Bauer has been charged with two counts of misdemeanor death by vehicle.

All drivers have a duty to maintain a proper lookout and maintain a safe distance. According to The University of North Carolina Highway Safety Research Center (HSRC), as many as 30% of all reported car accidents are due to driver distraction.

If you or a loved one has been injured due to a distracted driver, call the experienced car accident attorneys at Auger & Auger for your free consultation.

NASCAR driver Michael Annett rear-ended another car in a Mooresville, North Carolina car accident. Annett admitted to police that he was distracted, and that he was texting on his cell phone while driving. Further investigation found that Annett had also been drinking and a breath alcohol test found him to have an alcohol level of 0.32% which is four times the legal limit.

This is not the first time Annett has caused a car accident while texting. According to NC State DMV records, Annett was involved in a similar accident several months ago with similar circumstances.

Annett, who has been charged with driving while impaired, texting while driving, and resisting an officer, has also been put on probation by NASCAR. NASCAR is requiring Annett to undergo evaluation by a certified substance abuse professional, as well as to undergo random drug and alcohol testing.

Texting while driving may be even more dangerous than drunk driving. According to the National Safety Council (NSC), over 1 million car crashes are the result of cell phone use while driving. The NSC estimates that 1.4 million car accidents annually are the result of drivers who were distracted by cell phone use, and another 200,000 wrecks caused by drivers who were actually texting while driving.

If you or a loved one is the victim of distracted driver, call the experienced car accident attorneys at Auger & Auger for your free consultation.

Eighth grade students from North Asheboro Middle School were headed to the North Carolina Museum of History and Natural Sciences on Monday when the driver of one of their school buses caused a wreck. Driver Boyce Goldston was charged with Failure to Reduce Speed as Necessary to Avoid Colliding with Another Vehicle. Two other buses had stopped at a red light when they were rear-ended by the bus driven by Goldston. A fourth bus was not involved.

It is the duty of every driver to maintain a proper lookout and maintain a safe distance between vehicles. If you are injured due to the negligence of a distracted driver, you may be entitled to compensation. For your free consultation, call Auger & Auger.

Local motorists continue to drink and drive, in spite of recent deaths at the hands of drunk drivers. During a brief 4 hour check point Sunday night on South Boulevard near Westinghouse Boulevard, police arrested 11 people for Driving While Impaired, 8 for driving with a revoked license, 53 for driving with no license, and 1 for marijuana possession. Similarly, a brief check point held Saturday night at West W.T. Harris Boulevard and Old Statesville Road resulted in 10 arrests for Driving While Impaired.

Recent, highly publicized deaths involving drunk driving, do not seem to be a deterrent to the Charlotte motorists who continue to drink and drive. In July, we saw the tragic death of Charlotte teen, Laura Fortenberry. The minor was killed by Howard Pasour, who had 2 prior DWI comvictions, and open containers of alcohol in his vehicle when he killed Fortenberry. October saw the death of family man Daniel Herring, killed by Kevin O'Hagan who had 6 prior DWI convictions. And just 3 days ago, Gaston County's Christopher Todd Pruitt, a 5 time DWI convict, was again arrested for DWI. Fortunately for the driving public, he didn't have to kill anyone to get arrested.

We have previously reported that in North Carolina Department of Transportation's 2 weeks "Booze It & Lose It" program, police arrested almost 3,300 drivers statewide for Driving While Impaired. Obviously, police are doing their job. So, why do North Carolinians continue to ignore drinking and driving laws?

Auger & Auger is a personal injury law firm in Charlotte, North Carolina, experienced in helping victims of drunk driving accidents.

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.

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.