Car Wreck

Car racer death tragic; contributory negligence rule would rule out death lawsuit in N.C.

August 12, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

No one who has been hurt in an accident wants to hear their suffering was their own fault. No family member wants to hear the death of a loved one was caused by their loved one’s own negligence.

This was exactly the sentiment many car racing fans felt this weekend as they came to terms with the sport’s latest on-track fatality. It was, to be sure, a preventable death. During a race on a dirt track in Canadaigua, New York, something caused 20-year-old racer Kevin Ward’s racecar to spinout. Early reports suggested racer Tony Stewart’s car bumped Ward’s car, causing the spinout; subsequent reports and a review of video of the incident make that conclusion unclear.

What is clear is that after his car spun out, Ward climbed out of his vehicle and walked onto the raceway, appearing to gesture at oncoming racecars, including Stewart’s. In a scene straight out of a horror show, Stewart’s car appeared to collide with Ward, either running him over or sucking him under the car. Ward was then seen lying motionless on the track. The race was immediately called, and emergency technicians could be seen tending to Ward within seconds of the collision, but it was too late. Ward died of his injuries.

The Ontario County Sheriff’s Office continues to investigate the incident. Investigators said a “visibly shaken” Stewart was questioned twice after the incident and fully cooperated with authorities. Sheriff Philip Povero told reporters on Sunday that investigators had no information showing criminal intent, although charges had not yet been ruled out.

Overcorrection Leads To Deadly North Carolina Car Crash

May 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?”

One person has been charged and another is person is dead after a terrible two-car crash in North Carolina took place earlier this month as a group of friends were heading to a neighborhood cookout. The accident left 22-year-old Jatara Moore dead and six others seriously injured.

Police say the crash happened just before 10 p.m. on Highway 601 in Salisbury, North Carolina. Authorities believe that the two cars involved in the crash were heading in opposite directions when one of the vehicles carrying five people lost control and veered off the road.

The driver of the car that eventually lost control overcorrected and ended up sliding across the road, leading the driver of the oncoming car to smash into the side of the skidding vehicle. Moore was a passenger in the skidding vehicle and her side of the car absorbed the brunt of the impact of the crash. The other car involved in the accident had two occupants at the time it T-boned the out-of-control car.

Emergency responders arrived at the accident scene quickly and found Moore dead, having suffered catastrophic injuries. The driver of her vehicle, a 19-year-old, is being charged with misdemeanor death by vehicle, according to officials with the North Carolina Highway Patrol.

Accident Report Blames Actor’s Death On Speeding

March 25, 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?”

In a very sad case, accident investigators in California are saying that Paul Walker, star of the “Fast & Furious” movies, died in a car accident last year due to speeding. Police initially wondered whether drugs or mechanical failure could have been responsible for the actor’s death, but recently confirmed that it was simply speed, a common though deadly mistake made by drivers across the country.

According to an official announcement by the Los Angeles County Sheriff’s Office, investigators say they determined the cause of the deadly single-car accident was that the vehicle was traveling at unsafe speeds for the road conditions. Walker died while a friend was driving between 80 and 93 miles per hour on a stretch of road that had a listed speed limit of only 45 miles per hour.

This isn’t the first time officials have noted the potentially deadly role played by speeding in the actor’s death. Last year the coroner’s report noted the kinds of injuries seen on the bodies of those involved in the accident typically occur when vehicles crash after going more than 100 miles per hour.

The case highlights just how dangerous speeding can be, even in cases where drivers appear to do everything else right. The final accident report showed that neither Walker nor his friend had drugs or alcohol in their systems. In addition, both were wearing their seat belts and their airbags deployed exactly as they should have. Nothing mechanically went wrong to cause the accident. It was simply speeding.

Charlotte Driver Killed After Being Thrown From Vehicle

February 25, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Can I wait a few months to pursue a personal injury claim?”

A terrible accident in Charlotte left one man dead and another person severely injured. According to officials with the Charlotte-Mecklenburg Police Department, the accident happened around three in the afternoon last Monday. The wreck occurred on the 5600 block of West Boulevard near the intersection with Arff Road.

Authorities say that the driver of a ’79 Pontiac Grand Prix was traveling towards town along West Boulevard when he lost control of his car. The Pontiac then crossed out of its lane and into the path of an oncoming Nissan Xterra driven by Marco Cesped. Given the position of both vehicles, Cesped’s Xterra ended up T-boning the Pontiac.

Tragically, the driver of the Pontiac was ejected from the car, causing extensive and traumatic injuries. The force of the crash was so severe that the Pontiac’s gas tank ruptured and caught on fire, eventually burning some nearby brush as well as the driver of the Pontiac.

Emergency responders say they arrived on the scene quickly and rushed the driver of the Pontiac to a local hospital by helicopter, but it was too late and the man succumbed to his injuries shortly after arriving at the hospital. Police have not yet released the victim’s name.

Early Morning North Carolina Accident Proves Fatal

February 20, 2014 | AS Personal Injury Lawyers

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

A terrible early morning accident in Huntersville, North Carolina left one person dead and two others seriously injured. Emergency responders say that the accident happened a little after 5:45 a.m. on Eastfield Road, south of Prosperity Church Road.

According to police officers, the road had to be closed for several hours while detectives and other investigators examined the accident scene. Police say the accident was a head-on collision and that the force of the accident killed the driver of one vehicle and sent two other passengers to Carolinas Medical Center in Charlotte for treatment.

Though police officers are still attempting to uncover the cause of the accident, the reality is that the early morning is a notoriously dangerous time to be on the road. Though the hours between 4 and 6 a.m. account for a relatively small number of fatal accidents, that is mainly due to the dramatically lower traffic out at those hours. When you examine the percentage of fatal accidents, the early morning becomes far more deadly by comparison.

Experts say there are several reasons for danger. First, poor visibility is to blame for some fatal early morning accidents. Very early it might still be dark out, making it harder to see the lines of the pavement or objects in the roadway. As it begins to get lighter, the early morning sun can blind drivers, making it difficult to safely focus on the road in front of them. Additionally, things like fog are also more common in the early morning and can contribute to accidents.

Snow Responsible For Several Deadly North Carolina Accidents

February 13, 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?”

North Carolina Highway Patrol says that a young woman in Aberdeen died after an accident that officials say was likely caused by slick and snowy roads. The fatal wreck happened in Moore County earlier this week on Sand Pit Road.

Emergency responders say that the 23-year-old woman, Breanna Tile, was a passenger in the car driven by 24-year-old Viacente Gonzalez. According to the police report, the vehicle driven by Gonzalez drifted off the snow-covered road and slammed into a pine tree. Tile died at the scene of the accident while Gonzalez was taken to a regional hospital for treatment of his injuries.

Though police investigators say that the snow likely played a role in the accident, there’s a chance that the driver will face criminal charges. In another similar accident, police say that the driver of a 1996 Ford will face misdemeanor charges after a Chatham County accident left a passenger dead. Police say that the driver is facing charges related to exceeding a safe speed.

That accident took place a little after 1 p.m. on Silk Road Wednesday afternoon. Miguel Caseres was driving the Ford down a snowy road when it crossed over the centerline and collided head-on with a 1999 Chevrolet. A passenger in the Chevy was killed in the accident, though the passenger’s name has not yet been released.

Charlotte Road Rage Episode Leaves Two Innocent Pedestrians With Broken Bones

January 21, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Can I wait a few months to pursue a personal injury claim?”

Police in Charlotte say a woman is now facing criminal charges after a scary road rage incident that left two other people seriously injured. The episode took place on LaSalle Street where authorities say the woman ran over two people while pursuing the driver of another car.

Law enforcement officials say the incident began with two cars that were speeding and swerving in and out of traffic. Jessica Ekwuruibe, who was driving a black Toyota Camry at the time, drove down LaSalle Street while chasing another car, hitting two innocent bystanders in the process. Police say the two pedestrians who were injured in the road rage incident were simply in the wrong place at the wrong time, out to help a friend put gas in his stalled car.

Despite running into two people, Jessica and the driver of the other car continued on down LaSalle Street, ultimately pulling into a nearby gas station. When both arrived, Jessica got out of her car and continued a verbal and physical altercation with the woman driving the other vehicle. Witnesses say that even when the police arrived the women still refused to quit fighting with one another, both ultimately had to be restrained.

Texting May Be Responsible For Recent North Carolina Teen’s Serious Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 29, 2013 | 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?”

A teenager from Union County, North Carolina is currently recovering after a serious car accident earlier this week that authorities now believe may have been caused by distracted driving. Officials with the North Carolina Highway Patrol say that they have reason to believe the teenager’s collision with a dump truck may have been caused by the teen’s decision to text and drive.

According to authorities, the wreck happened a little before 7:30 in the morning when 16-year-old Paul Glaser was on his way to pick up his girlfriend for school. Police say that Glaser failed to yield to a dump truck that was passing through an intersection and was then hit by the truck. Police say they have gotten word that Glaser was late for school and may have been in a rush to pick up his girlfriend. Police also say that they have heard reports that Glaser was either texting before leaving his house that morning or that he may have been texting during his car ride to school.

Investigators say that a quick search of Glazer’s phone turned up a message that simply read “OMW” (on my way) though it is unclear if the timestamp on the text message corresponds with the time of the accident. Police say they still need to speak to Glaser about the accident once he has recuperated from what emergency officials say were serious injuries.

After being hit by the dump truck Glaser was rushed by ambulance to Carolinas Medical Center where he underwent surgery to have his spleen removed. Glaser also suffered several broken ribs, but is thankfully in stable condition.

Wrong Way Driver On I-26 In North Carolina Causes Deadly Wreck :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 27, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if the accident was my fault?”

According to North Carolina law enforcement officials, a retired minister was likely suffering from health problems and was confused at the time of his recent deadly interstate crash outside of Asheville, NC. Officials say that 63-year-old Dennis Tornquist died when his car collided head-on with the car driven by 61-year-old Fred King on I-26 late last month.

The terrible accident took place at 3:25 a.m. and occurred near the Brevard Road exit. Police say that Tornquist, in his Honda Civic, was heading west in the eastbound lanes of I-26 when he collided with King’s eastbound Chevy Tahoe. The force of the head-on collision was intense and it left both men dead at the scene of the accident. Before coming to a stop after hitting King’s vehicle, police say Tornquist grazed a tractor-trailer driven by a Tennessee trucker, causing relatively minor damage.

Tornquist’s family says the man had suffered a series of heart attacks and strokes that caused brain damage and frequently resulted in confusion. Police say they are continuing to investigate the crash and that they are looking into reports of Tornquist’s previous health problems as a potential cause.

The crash stands as a tragic reminder of the dangers of wrong-way driving, a problem that impacts drivers across the country far more often than many people might imagine. As most people would expect, such wrong-way accidents are incredibly deadly; in fact, more than 20 percent of wrong-way crashes are fatal while 50 percent result in serious or debilitating injuries. This is vastly higher than other categories of accidents, especially when compared to .3 percent fatality rate for other highway accidents.

AAA Names Deadliest Counties In North Carolina For Traffic Accidents :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 15, 2013 | 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?”

AAA of the Carolinas recently released its annual list of the most dangerous counties in the state for drivers. They list the counties according to various categories of accidents, including a general category for all accidents, one for motorcycles and another for tractor-trailer collisions.

According to AAA’s regional director, the most dangerous counties for overall collisions in 2012 were Pitt, New Hanover, Person, Watauga and Union. AAA made clear that these lists often feature repeat offenders, with the top four most dangerous counties in 2012 appearing on the list for each the past three years.

Though AAA notes the dangers to drivers in the counties, the organization says it is difficult to pinpoint exactly why some counties are more dangerous than others. AAA says that New Hanover frequently ranks high on lists of deadly counties likely because of the large number of tourists in the area who are unfamiliar with local roads. Pitt, New Hanover and Watauga all contain college towns, a risk factor that is linked with more dangerous accidents.

Mountain communities frequently make up the list of the most dangerous counties for motorcycle accidents due to twisty roads and steep cliffs. According to AAA, the most dangerous county in North Carolina for motorcycle crashes is Graham County, a place that has topped the lists for other categories in years past. Graham County is home to the “Tail of the Dragon,” a scenic road that is 11 miles long with 318 curves and popular with motorcyclists.