Automobile Accident

Crashworthiness claims available in NC, as long as you were not at fault

August 26, 2014 | AS Personal Injury Lawyers

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.

Important Do’s And Don’ts In A North Carolina Personal Injury Case

June 24, 2014 | AS Personal Injury Lawyers

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.

Charlotte Interstate Wreck Caused By Road Debris

June 12, 2014 | AS Personal Injury Lawyers

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.

Alcohol And High Speed Responsible For Deadly Charlotte Crash

June 3, 2014 | AS Personal Injury Lawyers

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.

Deadly Tractor-Trailer Accident Leaves Young Woman Dead

May 20, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

A North Carolina woman is dead after being hit by a tractor-trailer on I-95 this holiday weekend. Authorities with the Virginia State Patrol say the deadly crash took place in Prince George County, just outside Richmond.

According to police officers, the crash took place late last week at 4:40 in the afternoon near mile marker 42 on I-95. A tractor-trailer was heading south in the far right lane of the interstate when it drifted off the road and crashed directly into the back of a 2007 Hyundai Elantra. The Hyundai had pulled over on the shoulder of the road due to mechanical troubles.

Officers say that the driver of the car, 24-year-old Rachel Gradia, was sitting in the passenger side of the vehicle when the impact occurred. Emergency responders say that Gradia was thrown from the car due to the force of the collision. The accident also caused the tractor-trailer to jackknife off the side of the interstate.

North Carolina Hit-And-Run Accidents On The Rise

May 8, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

In an alarming bit of news out of AAA, officials say the number of hit-and-run accidents across North Carolina is on the rise. The Automobile Association says that numbers show that those living in Charlotte specifically and in North Carolina more generally are all at increased risk of being involved in a dangerous hit-and-run collision.

The data indicates that in Charlotte, the number of hit-and-run accidents is up by 5.4 percent so far this year. This increase is on top of the already high rate of one hit-and-run accident in Charlotte each and every day, which was observed in 2013. Last year, Charlotte saw an even bigger increase, with numbers indicating a nearly 13 percent rise in such accidents over 2012. These kinds of accidents result in injuries and even deaths and such a steep rise spells trouble for everyone in the area.
Statewide the numbers are even wore, with five hit-and-run accidents occurring across the state every day. The statewide rate of hit-and-run collisions has risen by 5.7 percent so far this year.

North Carolina Man Faces Murder Charges After Drunk Driving Crash

May 6, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

A drunk driver in Shelby, North Carolina is now facing serious criminal charges after causing a wreck that left two people dead and a young boy critically injured. The accident occurred late last month when Dorman and Frances Pompey were driving their 12-year-old grandson in their Ford Taurus in downtown Shelby.

Sadly, the Pompeys were in the wrong place at the wrong time and came into contact with Demetrist Roberts on a crowded street. Authorities say that that things first began to go wrong when a police officer spotted Roberts speeding around 1 p.m. on Saturday afternoon.

The officer pursued Roberts’ Buick LeSabre and tried to stop the vehicle. Rather than comply, Roberts took off and turned down a side street. The officer initially pursued the car with his siren and lights on, but then stopped the pursuit due to streets that were crowded with visitors to a downtown art show and farmers market.

Second Pedestrian Killed In Charlotte Area In Less Than A Week

April 24, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

In another tragic incident, police say that a 62-year-old North Carolina woman has died after being hit by a passing SUV. The crash happened earlier this week along Old Charlotte Road and marks the second pedestrian death in the Charlotte area in less than a week.

Authorities say that Carmelita Cook was walking down Old Charlotte Road near the intersection with Park Drive when she was struck by a GMC Acadia. The accident was reported to police officers a little after 8:30 p.m. on Tuesday evening.

Reports indicate that Cook was attempting to cross the road when she was hit by the SUV. Though paramedics arrived quickly, it was too late to save Cook who was pronounced dead at the scene.

So far, there are no indications from witnesses that the driver of the SUV was speeding or otherwise engaged in dangerous conduct that contributed to the crash. Police officers in Concord, NC say that they are continuing to investigate the accident and will not rest until the reason for the tragedy has been identified.

Charlotte Hit-And-Run Accident Leaves Pedestrian Fighting For Her Life

April 22, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “If I am injured in a car accident or at work what should I do?”

Police in Charlotte say they have launched an investigation into a case concerning a dangerous hit-and-run crash that occurred this past weekend on Albemarle Road. So far, they have only sketchy information but say they hope the public will help them catch the person responsible for causing such serious injuries.

According to officials with the CMPD, the accident happened on the 5200 block of Albemarle Road some time after 10:30 p.m. on Saturday. Authorities say that a female pedestrian was walking across the street when she was struck by an oncoming Jeep Grand Cherokee. Witnesses say the Jeep was white and that the driver pulled away from the accident scene without even slowing down. Others report the Jeep was heading east along Albemarle Road and then continued in the same direction after the hit-and-run incident.

The victim in the crash was taken to Carolina’s Medical Center where officials say she is still being treated for life-threatening injuries. Investigators with the CMPD Major Crash Unit have asked for the public’s help in finding the white Grand Cherokee, which they say, will likely have serious front-end damage. Anyone with information about the hit-and-run crash is asked to call the police so that the responsible party can be apprehended.

Drunk Driving Crash Leaves One Charlotte Man Dead And Another Behind Bars

April 8, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

In a tragic example of the dangers of speeding, a Charlotte man died last week after police say the driver of an SUV crashed into the man’s Jeep at a high rate of speed. The case highlights the damage that a fast moving car can do to unsuspecting motorists whose only mistake is being in the wrong place at the wrong time.

Officers from the Charlotte-Mecklenburg Police Department say that the accident last Tuesday night left Ramez Eldin dead and Michael Perrella behind bars. The crash took place on South Tryon Street near the intersection with West Tyvola Road.

According to accident investigators, the crash happened when Perrella, who was driving a Ford Expedition, slammed into the back of Eldin’s Jeep. After the accident, both cars ended up spinning out of control. According to witnesses, after the crash the Expedition crossed northbound lanes of traffic and came to rest after hitting a telephone pole. Eldin’s car eventually ended up on the sidewalk of South Tryon.

When emergency responders arrived at the scene of the accident it was sadly too late to save Eldin. Eldin was pronounced dead at the site of the accident. Perrella suffered relatively minor injuries and was taken to Carolina’s Medical Center for treatment.

Police say they set to work investigating what may have caused the terrible accident and believe that Perrella’s speed played a decisive role in the deadliness of the crash. Additionally, Perrella is believed to have been impaired at the time of the accident, another factor that is frequently linked to fatal car accidents.