Automobile Accident

Authorities Cracking Down on North Carolina Truckers with Sleep Apnea

April 24, 2012 | AS Personal Injury Lawyers

A recent report by TruckingInfo.com has revealed that the Federal Motor Carrier Safety Administration is recommending that there be increased standards for evaluating whether a driver has sleep apnea. This announcement comes after two advisory panels recommended that the evaluation standards be more aggressive. The panels recommended that if the agency identifies a driver with a body mass index of 35 or more that driver should be sent for a sleep apnea evaluation. The agency has asked for public comment on the proposed regulation.

The panel also recommended that some circumstances immediately disqualify a driver. If a driver falls asleep at the wheel or if the driver is involved in an accident because of fatigue, they will be prevented from driving until they have been evaluated for sleep apnea and are undergoing treatment for the condition.

Evaluation and treatment for such a disorder is especially important for drivers. Sleep apnea is a sleep disorder that is caused by airflow obstruction during sleep. One of the primary symptoms of sleep apnea is fatigue and sleepiness during the day. For those individuals who drive for a living, success on the job depends on being able to remain alert. It is important that those in the transportation industry, such as truckers, are aware of the problem and attempt to reduce injuries to employees and others. According to a professor at Harvard Medical School, a person with sleep apnea is at a 242% greater risk of having a crash while driving than someone who does not suffer from the disorder. Numbers like that are scary and should be taken very seriously indeed.

North Carolina Firefighter Injured in Car Accident

April 10, 2012 | AS Personal Injury Lawyers

In Huntersville, North Carolina, a firefighter is recovering from being injured by a car while doing his job. According to a recent article published on WCNC.com, on Saturday, April 14, 2012, the fireman was getting back into his truck after fighting a fire on Beatties Ford Road. As he was climbing up into his truck he was hit by a car as it passed him. He was thrown off of his truck and hit the road. As a result of the accident, the fireman had abrasions, a concussion, and severe road rash. The fireman was immediately taken to Carolinas Medical Center for medical attention. Soon after being admitted to the hospital, the fireman was released and sent home to recover from his injuries.

A preliminary investigation revealed that the driver of the car did not see the fireman as he was getting up into his truck. The flashing lights from the fire truck obstructed the driver’s view. Like every responsible citizen involved in a car accident, the driver of the vehicle stopped and remained at the scene. The driver cooperated fully with the investigation and will not be facing any charges related to the accident.

Although no criminal charges will be filed against the driver, the driver may still face possible civil liability for his involvement in the accident. The driver was clearly at fault for the accident. Because the lights from the fire truck obstructed the driver’s view, he could have slowed down to ensure that he avoided getting into an accident. The fire truck, which is a clearly marked emergency vehicle, had all of the lights and sounds going so that everyone on the road and in the neighborhood knew that the vehicle was being used for emergency purposes.

Deadly Accident at Charlotte Motor Speedway, May Involve Wrongful Death Lawyer in North Carolina

March 27, 2012 | AS Personal Injury Lawyers

The Charlotte Observer recently reported on the tragic accident at Charlotte Motor Speedway that resulted in the deaths of two people. The accident happened on Saturday, March 31, 2012 at the end of Vietnam Veterans’ Homecoming Celebration. At the end of the event, thousands of motorcyclists were supposed to slowly process out of Charlotte Motor Speedway. Some of the riders, however, did not leave and that is when things turned tragic.

About thirty minutes after the celebration ended, several of the riders continued doing laps around the track. Some of them were going in opposite directions. Then, in an instant, two motorcycles crashed into one another. Two veterans were rushed to the hospital. Sometime later, Alan Mockus and Thomas Hollingsworth died from their injuries. Mockus’s wife, Debra, who was his passenger at the time of the accident, is in critical condition at Carolinas Medical Center.

The Concord Police had officers at the track at the time of the incident but they have not provided much information. Officials at the motor speedway are also being fairly tight-lipped, aside from the vice-president of communications, Scott Cooper, releasing a statement that the speedway is participating in the investigation and “cooperating fully” with the Concord Police Department. In that statement, Cooper also indicated that there were safety measures and procedures in place, seemingly denying any potential liability for the accident.

One of the coordinators for the event explained that the riders were informed of the rules of celebration. They were supposed to only go 35 miles per hour and they were not to go onto the actual track, but they were to stay on the apron, just below the track. The coordinator said that the victims did not follow the rules and that is why they were injured and eventually died. “It is extremely unfortunate that these individuals could not abide by guidelines set for their own safety.” The motorcyclists took a lot of unnecessary risks and suffered the consequences of failing to abide by the safety guidelines.

Charlotte Addresses Pressing Sidewalk Issues

March 13, 2012 | AS Personal Injury Lawyers

WBTV reports that the Charlotte City Council voted on Monday, March 26, 2012, to find some money in the city budget to fix some of the troubling city’s sidewalk problems. One of the city’s major reconstruction projects came in significantly under budget, so there are several million dollars available to fix some of the other problems in the city.

There are four sidewalk locations in the city that are a priority for the city. The first is a portion of West Tyvola Road. Two young boys were killed after they were hit by a delivery truck driver at that location walking with their father. One day after the fatal accident, the boys’ father pleaded with the city to add sidewalks to that street to make it safer for pedestrians.

In East Charlotte, the neighbors pleaded for more sidewalks after 17-year-old Brittany Palmer was killed after being struck by a car while she was standing in front of her high school. The section of the road at that location at East Sugar Creek Road is the first priority for the city council.

There are two other locations that are due to receive some much-needed sidewalks: Caramel Road between Colony and Sharon View and Nevi Road, near Lake Drive. The lack of sidewalks at these locations forces pedestrians to walk in the street, which forces drivers to be particularly cautious. Many times drivers are too distracted and do not pay attention to their surroundings.

The addition of sidewalks is not always met with such enthusiasm. Some residents have actually complained about losing trees in their neighborhood or having their property damaged by the addition of the concrete. However, the city is going to move forward in its attempts to make pedestrians safer.

North Carolina-based Bus Company Faces Significant Lawsuit over Injuries

March 6, 2012 | AS Personal Injury Lawyers

North Carolina-based Sky Express is now facing a $500,000 lawsuit after one of its passengers was injured in a crash. The bus crashed in Caroline County, Virginia, and that is where the passenger, Shirley M. Dai, filed her complaint. In addition to Sky Express, Dai also named the driver, Kin Yiu Cheung, and Ivy Media Corp., doing business as GotoBus.com.

GotoBus.com was the site where Dai purchased an overnight bus ticket from Greensboro, North Carolina to New York. The complaint explains that Dai suffered serve physical and emotional injuries. It also alleges that 50 people were injured in the crash and four people died.

Apparently, Cheung fell asleep at the wheel while driving, which caused the crash. Cheung and several other individuals are facing criminal charges in connection with the four deaths from the crash. The complaint alleges that the North Carolina company, Sky Express, failed to provide Cheung with adequate resting time for the overnight trip and thus were negligent. A dispatcher in North Carolina told Cheung that even though he was too tired to drive the bus, he had to make the overnight trip. Sky Express released a statement indicating that the civil matters would be handled by the company’s insurance agency.

GotoBus.com denies any wrongdoing, releasing a statement expressing its condolences to the families of the victims, but saying that it was is no way affiliated with Sky Express and sold tickets for several bus companies. The complaint alleges that the two companies operated as a joint enterprise, thereby making both companies liable for the injuries.

Charlotte Fatal Truck Accident Caused by Delivery Driver

February 23, 2012 | AS Personal Injury Lawyers

WBTV recently reported that two young children were killed after being struck by a Sears delivery truck in a fatal trucking accident in Charlotte, North Carolina. On Wednesday, February 22, 2012, police responded to the intersection of Shady Lane and West Tyvola Road after a harrowing accident. Two brother, Jeremy Brewton, 1, and Kadrien Pendergrass, 5, died from injuries they suffered after a Sears delivery truck barreled through the intersection. The delivery truck driver, Dirk Jerome Brown, has been arrested and charged criminally for the incident.

The children were walking with their father, who also had his infant daughter with him. He and his children were walking near the edge of the street, with the father pushing one stroller and Pendergrass, the 5-year-old, pushing the other stroller. The driver was trying to turn right onto West Tyvola Road when he hit the two boys and their father. The young boys were rushed to Carolinas Medical Center, but they were pronounced dead at the hospital. Thankfully, the father and his infant daughter were not hurt in the accident.

Sears released the following statement through its spokesperson, Kimberly Freely: “Our thoughts and prayers are with the family of these two children… We’ve asked our third party delivery company to fully cooperate with local authorities as they investigate this tragic accident.” Apparently Sears contracts with a third party for all of its delivery services. This may be an important aspect should the family of these young boys decide to pursue a civil action against the major corporation for their deaths.

This accident will definitely raise liability issues for the third party delivery company because Brown, the delivery driver, was an employee of the company. Under the doctrine of respondeat superior, an employer can be held vicariously liable for the negligence of its employees if: (1) the employee’s actions were authorized by the employer; (2) the employee’s actions were committed within the scope of and in furtherance of the employer’s business; or (3) the employee’s actions were later ratified by the employer. It is likely that Brown was on his way to a delivery or coming from a delivery when struck the two young boys, which would make it very possible that he was acting within the scope of his employment with the delivery company. As such, the delivery company may be vicariously liable for the wrongful death of the two brothers.

Several Car Accidents in Charlotte Area Due to Bad Weather

February 21, 2012 | AS Personal Injury Lawyers

Drivers should have been cautious after winter weather hit the Charlotte area over the holiday weekend. Things, however, do not always go as planned. As drivers began their morning commute on President’s day, Charlotte-Mecklenburg Police were called to several car accidents due to the treacherous road conditions. The winter weather left behind patches of ice on the interstates, which proved to be difficult for Charlotte drivers.

There were four major accidents reported to the police in the Charlotte area, with two of those accidents being on major interstates. Just after 7 a.m. on Monday morning, police responded to the scene of an accident on I-85 where a vehicle flipped over several times. Road crews spent most of the morning clearing the accident scene to try and spare the rest of the morning commuters a traffic standstill. Snow began to fall late Sunday night and as temperatures continued to drop, the moisture on the roads began to transform into ice.

These kinds of road conditions require that drivers be extremely cautious. The best advice for driving in the snow and ice is not to drive at all. You are safer at home than you are driving on an icy road.

However, if you must go out there are several things that you can do to make sure that you reach your destination safely. First, decrease your speed and give yourself plenty of room to stop. This also means that you may have to leave home a little earlier to make sure that you make it in a timely manner. Second, apply pressure to the brake gently to prevent the car from skidding. If you feel the car begin to skid at any time, release the brake. Third, make sure that you keep your headlights on and your windshield clean so that you have the maximum visibility. Fourth, do not attempt to pass snowplows or sanding trucks. Doing so will drastically decrease the visibility, which is the last thing you want to happens when the roads are dangerous. If you want more tips on how to drive in snow and ice, consult the Weather Channel’s website.

Elderly North Carolina Woman Killed as She Crosses the Street

January 31, 2012 | AS Personal Injury Lawyers

The family of an elderly Charlotte woman is grieving her loss after a car stuck her as she was trying to cross the street. According a recent report on www.WBTV.com, 73-year-old Bernice Williams Whitmire was trying to cross a busy street when she was hit by a car. She was quickly rushed to the hospital where she succumbed to her injuries that same afternoon. The intersection she was trying cross was an extremely busy section of road at the corner of Sharon Amity Road and Milton Road.

Her family is still reeling from the loss. Her son said, “Everybody is going to take a loss from this. The little kids she looks out for at the bus stop in the morning… the little one’s gonna hurt. The big one’s gonna hurt.” Even her neighbor expressed sadness at that the community will feel. “We are suffering a loss around here. She was like family; nobody can replace Ms. Bea. She was like everyone’s grandma. We adopted her and she adopted us,” said her neighbor, China.

The woman responsible for her death, Kendra Huey, was driving a 2008 Suzuki Forenza. Huey said that Whitmire walked in front of her truck and she could not avoid hitting her. The police are in the beginnings of the investigation, but Huey stayed at the scene of the accident and has thus far cooperated fully with the investigation. Some witnesses say that Huey seemed as if she sped up, but the police so far say that Huey was not at fault for the tragic accident.

It seems that the family at this point does not have any criminal recourse against the driver of the vehicle. That, however, does not exclude possible civil liability. Just because Huey was not criminally responsible does not mean that she is not civilly liable for Whitmire’s death. The standard of proof in civil cases is much lower than in criminal cases. In a civil case, the plaintiff only has to prove that the defendant is liable for plaintiff’s injuries by a preponderance of the evidence, whereas in a criminal case, the prosecution has to prove the defendant’s guilt beyond a reasonable doubt.

Former NFL Player’s Estate Files Wrongful Death Suit Against North Carolina Fiancée

January 26, 2012 | AS Personal Injury Lawyers

Former NFL player Chris Henry’s estate sued his former fiancée claiming she was negligent and as a result was responsible for the untimely death Henry. According to a recent report by News.Cincinatti.com, the estate of Chris Henry has alleged that Loleini Tonga is civilly liable for the wrongful death of Henry, along with her mother Ofu Tonga. However, lawyers for the estate claim that the purpose of the suit is to reach the insurance providers of both defendants. It is not the intention of the estate to take money from Henry’s children’s mother, but for the insurance companies to pay their fair share of the costs of liability.

The lawsuit claims that Tonga drove negligently after she and Henry got into an argument. Henry and Tonga got into a verbal altercation while at Tonga’s North Carolina home and afterwards Tonga got into a pickup truck and attempted to drive away. Henry was there recovering from an injury.

He apparently jumped into the bed of the pickup truck, but Tonga did not stop. When Henry proceeded to beat on the roof of the cabin, the suit alleges that Tonga continued to drive negligently which caused Henry to fall out of the bed of the pickup truck. Henry was “violently thrown from the bed of the pickup truck onto the paved road, resulting in multiple severe, painful and fatal injuries, including, but not limited to: a severe brain injury,” the suit notes.

CATS Bus and Truck Collide, Injuring Twelve

December 27, 2011 | AS Personal Injury Lawyers

Charlotte-Mecklenburg police and emergency crews were called to the scene of a troubling bus accident on North Tryon Street in Charlotte on Thursday morning. A CATS bus and a pickup truck collided at an intersection. The end result was that 12 people suffered injuries. At the time of the crash, the bus was carrying twenty passengers. Twelve of those passengers were injured. One passenger had life-threatening injuries, while the others only suffered minor issues. Seven passengers were taken to Carolinas Medical Center and the other five were taken to Presbyterian Hospital. The driver of the truck escaped injury entirely.

The CATS bus was coming up a hill when the pickup truck pulled out in front of the bus. The driver of the truck was trying to make a left turn onto Tryon Street, but collided with the bus. Police have made the determination that the driver of the pickup truck is at fault because he pulled out in front of the bus. WSOC TV spoke with the pickup driver’s supervisor at Kip Construction where he worked. His supervisor admitted that the turn onto North Tryon can be difficult to navigate and drivers should be cautious when making that turn. “I’ve been hit coming out of there,” said Bryan Rosenhauer with Kip Corporation, another of the driver’s colleagues. “I’ve been hit turning in there. It’s just a bad spot coming over the crest of a hill. People move through here pretty good.”

This type of accident should prompt drivers to be more careful when driving. Had the pickup truck driver waited for a few more seconds before making that turn, he could have avoided the damage to his car, the damage to the CATS bus, and the 12 injuries. He is now potentially responsible for all the damage and the injuries that resulted from his failure to yield the right of way to the CATS bus.

The police’s determination that the driver of the pickup truck was at fault will go a long way in proving in court by a preponderance of the evidence that the driver is civilly liable for the damage. However, if the driver can demonstrate that the CATS bus driver was driving too fast or if there was something that the bus driver could have done to avoid the accident, then CATS may potentially be barred from recovery due to North Carolina’s pure contributory negligence rule. Pure contributory negligence bars the plaintiff from recovering anything if the plaintiff was in any way at fault.

There are, however, some exceptions to this harsh rule, one of them being something called “The Last Clear Chance” rule. This doctrine provides that if the defendant had the last clear chance to avoid the accident but did not, then the plaintiff may make a full recovery regardless of the amount of the plaintiff’s fault.