North Carolina Car Accident Attorney Blog

On July 24, 17 year old Charlotte college student Laura Fortenberry was killed in a car accident involving a drunk driver. The alleged drunk driver, Howard Clay Pasour, is a habitual drunk driver. In addition to his 2 prior DWI convictions, he has multiple prior convictions for possession of drugs and drug paraphernalia.

What is Leandra's Law?

Signed into law in New York State on November 18, 2009, Leandra's Law is also known as The Child Passenger Protection Act. Effective December 18, 2009, this New York law makes it a felony to drive while intoxicated (.08 Blood Alcohol Content or more) with a child passenger under the age of 16 in the vehicle, and is punishable by up to 4 years in prison. The prison term goes up to 15 years if the child passenger is seriously injured, and 25 years if the child passenger is killed. The law further requires that the offending driver be reported to the Statewide Central Register of Child Abuse and Maltreatment.

Continue reading "Would Leandra's Law Have Prevented Death of Charlotte Area Teen?" »

A North Carolina car accident claimed the life of a teenager and seriously injured two others last Sunday. The Charlotte Observer reported that Gaston County resident Howard Clay Pasour has been charged with second degree murder in the death of 17 year old Laura Fortenberry, a student in Charlotte. He is also charged with aggravated felony death by motor vehicle, habitual DWI, and two counts of assault with a deadly weapon inflicting serious injury.

North Carolina Highway Patrol estimates that Pasour was driving 60mph when he crossed the center line and struck an oncoming vehicle head-on, killing Fortenberry. Officers found open containers of alcohol in Pasour's vehicle. According to witnesses, Pasour was seen driving erratically before the collision, and a witness that assisted Pasour after the crash noticed the smell of beer on Pasour's breath.

As a parent, it is heartbreaking to know that the families of these young victims are suffering the worst hurt imaginable. As a Charlotte, North Carolina injury attorney, it is frustrating to see that despite Pasour's long history of drug and alcohol convictions, he continued to drink and drive. It is particularly enraging that even with 2 prior convictions for DWI and multiple charges for drug possession, there were even more charges for driving with license revoked, no operators license, and drug possession that did NOT result in convictions.

If you or a loved one are injured by a drunk driver, call Auger & Auger to discuss your legal options.

A North Carolina motorcycle accident left the motorcycle driver and passenger critically injured. According to witnesses, a motorcycle driven by 24 year old Bruce Offenbacker, was traveling over 100 mph when he crashed head-on into a pick-up truck. The force of the collision caused Offenbacker to be thrown 97 feet, and his passenger, 20 year old Jasmine Shope, was thrown 154 feet.

According to investigating officers, the pick-up truck was making a left turn into a gas station. At the point where the pick-up truck driver stopped to make his left turn, officers measured approximately 550 feet of visibility down the road before visibility was lost due to the peak of a hill. An Iredell County Trooper was immediately behind the pick-up truck and confirmed that he never saw the motorcycle until the crash. Witnesses at the gas station estimate Offenbacker's speed at over 100mph.

Offenbacker is no stranger to the criminal justice system. He has multiple prior convictions for both speeding and drug related offenses. He is currently awaiting trial for yet another speeding offense as well as possession of a fictitious vehicle title/registration/tag. If it is proven that Offenbacker was in fact traveling as fast as witnesses claim, it can give rise to a claim for punitive damages to anyone injured in this accident.

Punitive Damages

In North Carolina, victims who are injured by a reckless driver may be entitled to recover Punitive Damages. Punitive Damages are money damages that are separate and distinct from compensatory damages. Punitive Damages are intended to punish a defendant for "egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts." The injured party must prove one of three things before recovering Punitive Damages: fraud, malice, or willful or wanton conduct. Operating a motorcycle at such excessive speeds would indicate a reckless disregard, or wanton conduct, on behalf of Mr. Offenbacker.

Charlotte, North Carolina woman was charged with Driving While Impaired for an accident early Friday morning. Akesha Balknight was also charged with Driving While License Revoked.

A witness reported that Ms. Balknight was traveling 45mph when she passed through a red light at the intersection of Idlewild Road and Margaret-Wallace Road, striking another vehicle in the intersection. The other vehicle was propelled 72 feet and finally came to a rest when it went up and embankment and struck a tree. Both drivers and passengers were transported to CMC.

Punitive Damages in Drunk Driving Cases

In North Carolina, victims who are injured by a drunk driver are entitled to make a claim for Punitive Damages. Punitive Damages are money damages that are separate and distinct from compensatory damages. Punitive Damages are intended to punish a defendant for "egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts," such as Driving While Impaired. The injured party must prove one of three things before recovering Punitive Damages: fraud, malice, or willful or wanton conduct. A conviction of Driving While Impaired certainly meets the willful or wanton conduct criteria. While North Carolina has placed a cap on Punitive Damages awards, this cap does not apply in cases involving drunk drivers.