Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I have been injured on another person’s property. What should I do now?”
Legal bills have made the business of “Punkin Chunkin” uncertain, but Punkin Chunkin president Ricky Nietubicz said he is committed to holding the annual pumpkin-flinging event at Dover Motorsports, Inc. in the State of Delaware’s capital.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”
Woman causes husband’s death, sues herself for negligence, wins, then pays herself the money. If one believes the headline, it is true. A closer look reveals the headline is only partially true.
On December 27, 2011, Barbara Bagley lost control of the vehicle she was driving in a Nevada desert and struck a sagebrush, causing her car to flip over. Her husband, who was a passenger in the vehicle, passed away nearly two weeks later as a result of injuries sustained in the crash.
Bagley became the personal representative of her late husband’s estate, meaning she is the person empowered by law to collect her late husband’s assets, pay claims of his creditors, and distribute proceeds of the estate to heirs.
Part of the assets of an estate—depending on the state in which one resides—are proceeds from claims that were filed or may have been filed before or after a person’s death.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”
State officials have rebuffed calls to stop installing guardrails that activists say have caused dozens of deaths and injuries in accidents across the United States. California became the 41st state to ban the guardrails this week after a Texas jury levied a mammoth fraud verdict against the company that makes the guardrails.
The North Carolina Department of Transportation is aware of safety concerns raised about the ET-Plus end terminals, but the agency said it is leaving the decision of whether to pull the terminals from state highways to federal officials.
NCDOT spokesman Steve Abbott said his department has not seen any evidence of the end terminals’ danger, despite its awareness of “a couple of incidents.”
On Wednesday, federal regulators approved new safety testing of the end terminals. The NCDOT said it will await the results of new safety testing before making a decision on removing the terminals.
Even if the agency does decide to remove ET-Plus end terminals that have already been installed, it has not kept a database of the locations of the terminals. The state has installed different types of guardrails in different locations throughout the state, and the NCDOT has not kept track of which guardrails are where.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is a tractor-trailer accident the same as an automobile accident?”
A storage compartment door on a Gaston County school bus opened suddenly on Wednesday, causing the school bus to overturn and injuring some 23 middle-school aged students.
State troopers who responded to the scene told WSOC that they did not think the bus was travelling the posted 45-mile-per-hour speed limit at the time of the crash. As of Thursday, the school-bus driver had not been cited, and troopers were mum on whether any charges were expected.
A student interviewed by WSOC said “he heard a loud squeaking noise coming from the bus right before the accident happened.”
One student said the last thing he remembered was a lot of people tumbling over him.
The driver of the school bus said she tried to close the storage compartment door and started to run off the road. The driver overcorrected, causing the school bus to flip on its side. Eleven students were taken to CaroMont Regional Health Center in Gastonia; four were taken to Carolinas Medical Center in Kings Mountain, and another eight were taken to local hospitals by their parents.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if the accident was my fault?”
A spate of recent tragic incidents shows the dangers posed by motor vehicles do not end when we park them—or when we think we have parked them.
A tragic accident involving a “parked” vehicle took the life of a well-known New York realtor this past Saturday.
Realtor Jennifer Feuerman died on Saturday evening after she got out of her 2012 Mercedes Benz outside a house she had listed on Bowditch Lane in Center Moriches. Center Moriches is on Long Island, to the east of New York City.
Feuerman evidently left the vehicle running and forgot to shift the transmission to “Park.” The vehicle backed over Feuerman and pinned her under the driver’s side door, Suffolk County police reported. Feuerman, aged 50, was pronounced dead at the scene. Police impounded the Mercedes in order to conduct a safety inspection.
Also on Saturday, a 79-year-old woman in City, Idaho became trapped under her own car when it slid backward as she tried to get out. A 17-year-old boy who saw the incident tried to assist the woman, but police said the car pushed both the boy and the woman across the road and over an embankment, pinning them both under the driver’s side door. The woman suffered significant injuries, while the boy was able to free himself and summon help.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is a tractor-trailer accident the same as an automobile accident?”
Motor vehicles and the virtually unfettered freedom of movement throughout the United States they have afforded have become staples of American life over the past century.
Those staples are not likely to disappear anytime soon, but if technology giant Google, Inc. has its way, the manner in which many people move around the country in motor vehicles may be in for a drastic change.
The company recently announced that it had developed a “fully functional” prototype of a self-driving car. It is now seeking corporate partners in the automobile industry to bring self-driving cars to market within the next five years.
New York personal injury lawyer Eric Turkewitz said the self-driving cars will have the ability to “see the other cars/pedestrians and slow down or stop despite the driver being lost in thought elsewhere. Or drunk. Or asleep…” As Turkewitz notes, the self-driving car software automatically slows or stops the car when it senses an impending collision. Turkewitz thinks the software may lessen or eliminate crashes caused by human error. As a consequence, the number of crashes will be reduced and, Turkewitz speculated, less people will die or be injured in car crashes each year. That will lower insurance premiums for drivers and may reduce the number of personal injury lawsuits brought by claimants injured in car crashes. That would mean, in theory, less work for personal injury attorneys.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”
A court battle over legal fees stemming from a deadly 2009 car accident ended last week in Philadelphia, Pennsylvania. Daniel Lopez Ortiz was killed when his car was struck by a box truck in April 2009. Mr. Ortiz’s widow, Maria Fonseca, filed two separate law suits relating to Mr. Ortiz’s death. Ms. Fonseca engaged at least four different law firms to litigate her deceased husband’s claims—one a negligence claim against the driver of the box truck and the second a so-called “crashworthiness” claim against the automaker.
Ms. Fonseca’s counsel obtained significant awards on behalf of the Estate of Mr. Lopez, short of trial. Before the settlements cleared, however, the lawyers and law firms that represented Ms. Fonseca and Mr. Lopez’s estate brought a series of legal actions against each other seeking a cut of the contingency fees earned in the cases. The law firms ended their actions against each other before jury selection began on Aug. 13.
While negligence lawsuits stemming from automobile accidents are common, so-called “crashworthiness” lawsuits may be less familiar to plaintiffs in North Carolina. The “crashworthiness” doctrine was first recognized some 40 years ago.
Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”
If you have been involved in a North Carolina car crash or other injury-causing accident, there are some important rules you should follow to ensure you are best able to move forward with a future civil claim for damages. Read through the following list of do’s and don’ts to get a better idea of what you should and shouldn’t do after an accident.
First things first, you do need to call the police. It is critical to get a record of the accident that can be used in a future personal injury case. Getting documentation about what happened, who was at fault, who witnessed the crash and the names and contact information of the parties involved is critical. Additionally, you do need to be sure and make your own list of information that you think could be important down the road. Write down any details of the accident, contact information, witness names, etc.
If you are hurt, it is crucial that you do receive medical attention immediately. Seeking out medical care as soon as possible is good for several reasons. First, it gets the injuries recorded early and entered into a medical record, which can later be used at trial or during settlement talks. Second, going early means that the responsible party will have less of a basis for claiming that any injuries were caused elsewhere or were faked just to drive up the cost of your settlement.
Finally, if you have been involved in a serious accident, it is essential that you do reach out to an experienced North Carolina personal injury attorney. Turning your case over to someone who knows what they’re doing and who has successfully handled other injury cases in the past is a great way to boost your chances of winning.
Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”
A pregnant woman was among those injured after a multi-vehicle accident occurred on I-85 in Charlotte. The crash resulted in the closing of all lanes of the interstate and left five people in the hospital with varying degrees of injury.
The crash occurred between Harris Boulevard and Mallard Creek Church Road and happened in the morning earlier this month. According to the North Carolina Highway Patrol, the accident began when the pregnant woman’s SUV collided with debris that was left in the roadway. The debris caused her to get a flat tire, and she pulled over to inspect the damage. When she stopped her car, a passing tanker truck sideswiped her.
Police say there were four others in her vehicle at the time of the accident. Thankfully, the truck driver did a good job in controlling his vehicle, avoiding making an already bad situation much worse. Highway Patrol officials say that the truck was carrying hazardous materials and if it had jackknifed, it would have been much worse for all those involved.
According to emergency responders the tanker truck was leaking fuel after the crash and occupants in both vehicles required medical attention. Five people were ultimately taken to hospitals for treatment of injuries, while three suffered life-threatening injuries and were moved to Carolinas Medical Center.
Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”
Police in Charlotte say that a recent deadly accident likely involved high rates of speed and alcohol. Law enforcement officials say they believe the two risky behaviors combined to cause the death of a four-month-old girl as well as injuries to five other people.
Police officers say that a 21-year-old driver was seriously injured in the accident and is believed to be responsible for the collision. The man, Thabiti Ashim Pierre-Louis, has been charged with felony death by vehicle, reckless driving, possession of marijuana and contributing to the delinquency of a minor.
The wreck happened around three in the afternoon when Pierre-Louis was in his 2000 Nissan Altima heading north along Old Statesville Road. Investigators say they believe that the 21-year-old then tried to pass another car, but eventually lost control and crashed into a telephone pole located near the driver’s door.
The force of the collision resulted in the car being flipped, landing on its roof. Given the position of the car, it’s understandable why the accident resulted in such severe injuries to passengers. The four-month-old child sustained critical injuries and was pronounced dead at the scene of the crash by emergency medical responders.
Charlotte Injury Lawyers Blog