North Carolina Car Accident Attorney Blog

A Wilmington car accident has taken the lives of three people, and a fourth is expected to survive. The single car accident occurred on Forest Hills Drive. An SUV being driven by 22 year old Raphael Samuel was caught on surveillance video traveling at a very high rate of speed through the Forest Hills neighborhood in Wilmington, just seconds before it crashed into a tree.

Samuel was not wearing a seatbelt, nor were his passengers, 21 year old Yashica White, and 25 year old Shatia Hankins, who were also killed in this violent crash. A fourth passenger, Demond Jones, is expected to survive.

Police believe Samuel was on drugs when he crashed into a tree, and are continuing their investigation to determine what role, if any, drugs or alcohol played in this accident. According to a Wilmington Police Officer, Samuel's SUV was seen driving without headlights. The officer turned his patrol car around to follow, but did not activate its lights or siren. The officer reported that as he began to follow the SUV, it took off at a high rate of speed and was found moments later, crashed into a tree. Police estimate the SUV was traveling 85 mph on Forest Hills Drive, and was still going 80mph when it hit the tree. Forest Hills Drive has a posted speed limit of 25mph. There has been speculation that Samuel, a convicted felon, was fleeing from police.

Regardless of the reason Samuel was traveling so fast, these lives could have been spared had they only worn their seatbelts. There is no excuse for not being properly belted. Even pregnant women are advised to wear seatbelts. The National Highway Transportation Safety Administration (NHTSA) reports that people between the ages of 16 and 24 have the lowest percentage of seatbelt use. Even more disturbing is the statistic that people in this age group represent not just the highest number of car accidents, but also the highest number of fatal car accidents.

Continue reading "Wilmington Car Accident Claims Three Lives" »

A Greensboro car accident has left two people hospitalized, and a toddler has died as the result of his injuries following ejection from the vehicle. On Thursday morning, North Carolina Highway Patrol responded to an accident near the Alamance-Guilford line on I40/85. The driver of the vehicle, Sherika Chandler, lost control of her vehicle, left the roadway, and flipped several times before coming to its final stop off of the roadway. Witnesses to the crash believe the front end of Chandler's vehicle was in close proximity to the rear of a tractor trailer truck, but that there was no impact.

Troopers report that three of the vehicles six occupants were ejected from the vehicle. The injured passengers were initially taken to Alamance Regional Hospital, but were ultimately airlifted to other local hospitals, including Moses Cone Hospital. One of the 2 year old passengers has died from his injuries, having been ejected from the vehicle. Chandler, who has prior charges for speeding, driving with license revoked, and multiple charges for possession of drug paraphernalia, possession with intent to distribute a schedule III substance, sale and delivery of a schedule III substance, and possession with intent to distribute a schedule IV substance, has been charged with Driving with Revoked License, Failure to Maintain Lane Control, and Failure to Restrain a Child.

Continue reading "3 Passengers Ejected, Toddler Dies, Driver Charged" »

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" »

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.

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.

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.

It is hard enough dealing with the loss of a 12 year old child, but for the Sierra family of Asheboro, it came at the hands of a family friend. Reyna Patricia Valencia, a friend of the Sierra family that was visiting Asheboro from Phoenix, Arizona, was driving 12 year old Roland Sierra and his 14 year old brother, Jose Sierra, without their parents knowledge or permission. Valencia was driving at a high rate of speed and under the influence of alcohol when her car left the roadway, overturned, hit an embankment, and came to a final rest against a road sign. Roland, who police believe was not properly restrained, was killed in the accident.

Valencia is charged with 4 felonies, including Driving While Impaired, Death by Motorvehicle, and Involuntary Manslaughter. She is being held on $250,000 bond.

Continue reading "12 Year Old Dead in Wreck Caused by Drunk Driver" »

A drunk driver was killed and 6 other people were injured in a Charlotte, North Carolina car accident on Saturday. According to witnesses, David Cleary was seen weaving and speeding before he crossed the center line into oncoming traffic, striking another vehicle. Cleary's passengers, his girlfriend and her young children, were seriously injured in the crash. The driver of the car that Cleary hit, Richard McDonald, also had children in his car and he was also charged with Driving While Impaired, though police have not released his breath alcohol content.

It is a terrible thing, when a person decides to drive after drinking alcohol, but even worse when child passengers become innocent victims.

The North Carolina State Transportation Secretary recently announced that for the calendar year 2010, over 600,000 traffic and criminal citations were issued, including over 16,000 citations for driving while impaired.

If you or a loved one is injured in a car accident caused by a drunk driver, call the experienced car accident attorneys at Auger & Auger for your 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.

Charlotte, North Carolina drunk driver Stephen Lance Helms has been charged with Driving While Impaired, Assault with a Deadly Weapon, and Second Degree Murder in the hit-and-run death of cyclist Roy Dean Mittelsteadt.

Mittelsteadt was riding his bike on Rocky River Road on his way home from work Thursday night when he was struck by Helms, who fled the scene. A passing motorist discovered Mittelsteadt on the side of the road and called police. Investigators then alerted area police departments to be on the lookout for a vehicle with damage to the front end. A short while later, Helms was stopped while driving a vehicle with massive front end damage, and he was arrested for Driving While Impaired. Charges of Assault with a Deadly Weapon and Second Degree Murder were later added and he was released on $105,000 bond.

Middelsteadt, a veteran of Operation Desert Storm, is survived by his wife and four children.

If you or a loved one has been injured in a bicycle accident, or any accident with a drunk driver, the experienced attorneys at Auger & Auger can help. Call now for your free consultation.