Wrongful Death

Drunk Driver Hits And Kills North Carolina Motorcyclist :: Personal Injury Attorneys and Lawyers in Charlotte, NC

September 17, 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 motorcyclist in North Carolina died earlier this month after being hit by a drunk driver. According to a local ABC News station, 52-year-old Bradley Pelletier of Raleigh died after he was hit by 25-year-old Lakeisha Jones.

Officers who responded to the accident scene say that Pelletier was heading north on Wake Forest Road just after midnight while Jones’ Chevrolet sedan was heading south. Police say that Jones then attempted to make a left turn onto Creekside Drive when she crashed directly into Pelletier’s motorcycle.

Police on the scene detected signs of intoxication and have since charged Jones with DWI. Officials say that in addition to driving while impaired, Jones and her two passengers were also not wearing their seatbelts at the time of the accident.

Our hearts go out to the family of Pelletier who did nothing wrong in the crash and yet paid the ultimate price for another person’s poor choices. The fact is that drinking and driving is deadly and that the more alcohol that a person consumes the more likely it is that he or she will be involved in accident.

Studies have definitively shown that a driver with a blood alcohol concentration (BAC) of 0.10 or greater is seven times more likely to be involved in a fatal motor vehicle crash than is a driver who has not consumed alcoholic beverages, and a driver with an alcohol concentration of 0.15 or greater is about 25 times more likely.

Front Yard Fire Leads To North Carolina Man’s Death :: Personal Injury Attorneys and Lawyers in Charlotte, NC

September 10, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

Police in Fayetteville, North Carolina say that a man standing near a fire pit at a North Carolina home died after a terrible explosion. Authorities say the deadly accident happened last weekend, late one Saturday night when a group of friends and family were gathered around a front yard fire.

According to a spokesperson for the police department, one man, 28-year-old Martin Antoine Blossom, died and at least four other people sustained serious injuries as a result of the fire pit explosion. Police have not yet said how or why the explosion occurred, but say they do believe the incident was accidental.

Emergency responders say that beyond the fatality, two other men were injured in the fire pit explosion along with a woman and a young 14-year-old girl. All four of those injured were taken to local hospitals for treatment.

Commercially manufactured fire pits have grown in popularity in recent years are commonly used for social gatherings. While they are perfectly legal, fire pits can pose serious risks, especially if used improperly. Experts say that every year fire pits are blamed for house fires, serious injuries and even deaths. As a result, anyone considering using a fire pit at his or her home should consider the following safety tips.

First thing, be sure to set up the fire pit on a solid surface away from any buildings or overhanging rooflines or trees. Next, be sure to clear any and all combustibles away from the fire pit. This includes leaves, dry grass, pine needles and patio furniture. Keep a working fire extinguisher nearby as well as a water source. Never use a fire pit during windy conditions as you will not be able to control where embers are blown. Keep fires small and under control and be sure that children stay away from the fire pit in case the pit accidentally tips over. Never leave a fire pit unattended and be sure when you are done to follow the manufacturer’s recommendations for how to put out the fire and safely dispose of the ash.

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.

North Carolina Accident Leaves Young Newlyweds Dead And Limo Driver Facing Charges :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 6, 2013 | AS Personal Injury Lawyers

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

A tragic car accident outside of Asheville, North Carolina earlier this week left two newlywed teachers dead. The accident occurred when a hired limousine the couple was riding in lost control and slipped off the road and into a tree.

Police say that 26-year-old Will Reid and 25-year-old Jamie Reid both died in the wreck, with Jamie dying immediately and Will only later succumbing to horrific injuries. Emergency responders say that at the time of the wreck the husband pleaded with paramedics to save his wife who was pregnant with the couple’s first child. Unfortunately, his wife, who was carrying sonogram pictures of their child in her purse, was already dead.

The couple was married at the end of May and was in North Carolina visiting for a friend’s wedding. Police say that they were in a rented limo when the driver, Rodney Koon, somehow left the road and crashed at a high rate of speed into a tree. Police say Koon remains in the hospital following the accident. Though he has not yet been charged with the deadly crash, authorities say he may be depending on the outcome of the ongoing investigation. According to a search warrant filled out by police investigators earlier this week, Koon’s actions are believed to have directly contributed to the accident.

Head-on collisions with a stationary object occur when a moving vehicle hits a stationary object such as a tree, light pole, freeway wall or median, or a non-moving vehicle. Head-on collisions are among the most dangerous type of car accidents given the force of the impact being absorbed by the moving vehicle.

In a head-on accident with a stationary object, the moving vehicle often absorbs the full impact of the accident, as many stationary objects, such as freeway walls, medians or trees are large and do not move or crumple to absorb the impact. All the force of the accident is then transferred to the moving vehicle, increasing the chance for serious injury.

11-Year-Old In North Carolina Electrocuted During Swim Practice :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 1, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

A recent accident during a Lexington, NC swim team practice left one young 11-year-old girl dead and her family members struggling with unanswered questions over how such a tragedy could have happened.

The accident occurred at the Brookside Swim Club in Davidson County, NC several weeks ago when a power line snapped and fell onto the parking lot of the swim club. For reasons investigators are still trying to understand, this electricity was then routed into the pool and led to the electrocution of the 11-year-old. Police say at the time of the accident two other girls were in the pool but were able to jump out safely.

According to authorities, the swim team coach was standing on the side of the pool talking to parents when she heard a loud popping noise coming from the parking lot. After seeing smoke, she asked the lifeguards to have the girls get out of the water. As the lifeguards went over to the water, two of the girls were able to safely jump out of the pool while the third girl grabbed the pool ladder and was immediately electrocuted.

Eyewitnesses said it was difficult to rescue the young girl because the water was electrified and the lifeguards were shocked every time they reached out towards her. They finally used a plastic swim toy to prop the girl’s head above water and then slowly pull her from the pool. Sadly, it was too late and the girl was declared dead upon arriving at the hospital.

North Carolina Carbon Monoxide Deaths Receive Continued Scrutiny :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 16, 2013 | AS Personal Injury Lawyers

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

Police have revealed that they are continuing to investigate the Boone, NC hotel where three people have died of carbon monoxide poisoning. The deaths, which occurred separately across several months, all happened in the exact same hotel room at the Best Western Plus Blue Ridge Plaza. Authorities say they are also turning their attention towards two other hotels owned by the company because employees and equipment were shared between the businesses and police wonder whether other carbon monoxide issues might be present in those properties as well.

The case began when a couple from Washington State, Daryl and Shirley Jenkins, died on April 16th of what police later revealed was carbon monoxide poisoning. Despite the unusual cause of the death the hotel was never closed and continued placing guests in the exact same room, all without taking any action to correct the problem that led to the dangerously high carbon monoxide levels.

Two months later, on June 8th, an 11-year-old boy from Rock Hill, SC died and his mother was hospitalized in serious condition, both from carbon monoxide poisoning. The woman, Jeannie Williams, is still recovering from her injuries and according to her brother-in-law continues to walk with a walker while trying to regain complete use of her arms and legs.

The hotel has since been closed to all guests while the investigation continues. So far early reports indicate that a faulty pool heater may be to blame for the high levels of carbon monoxide in the room. Authorities have turned their attention to the Sleep Inn and the Country Inns & Suites, both in Boone and both owned by the same family and hotel management company. Police say they expect their investigation to continue throughout the month of July, at which point they say they will turn over all the evidence they gathered to the district attorney to consider filing criminal charges.

Head-On Accident In Charlotte Leaves One Dead And Two Others Injured :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 11, 2013 | AS Personal Injury Lawyers

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

Just last week one person died and two others were killed in a tragic accident on the north side of Charlotte. According to a spokesperson with the Charlotte-Mecklenburg Police Department, a 19-year-old woman was driving a 1996 Ford Mustang when she collided with an oncoming 1994 Chrysler Lebaron. The accident took place on the 8300 block of Beatties Ford Road around 9 a.m.

Investigators say that they are still trying to reconstruct the accident, but it appears as if the driver of the Mustang drove her car over the centerline and into oncoming traffic, hitting the Chrysler directly head-on. Police say they still do not know what may have led the driver to drift out of her lane, but are looking into various possibilities including distracted driving. Authorities say they are able to rule out alcohol, but continue to pursue other leads.

When emergency medical responders arrived at the accident scene they pronounced the passenger in the Chrysler dead. The driver of the Chrysler was taken by ambulance to Carolina’s Medical Center for treatment of life-threatening injuries. The teenage driver of the Mustang was taken to Carolina’s Medical Center by helicopter given the severity of her injuries.

Police say that once the driver of the Mustang is released from the hospital they will arrest and charge her with misdemeanor death by vehicle.

Young Boy Asphyxiates In Same North Carolina Motel Room As Elderly Couple, Police Blame Carbon Monoxide :: Personal Injury Attorneys and Lawyers in Charlotte, NC

May 30, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

A deadly incident of carbon monoxide poisoning is likely to blame for the recent death of an 11-year-old boy at a Boone, North Carolina motel room. Investigators say they believe the death may also be linked to the deaths of a couple found inside the exact same motel room several months ago.

Police say they found carbon monoxide in the room where the 11-year-old was staying over the weekend. A preliminary autopsy has shown that the boy died of asphyxia, a common cause of death when toxic gases cut off oxygen to the rest of the body. Officials with the medical examiner’s office say that they will run toxicology tests to determine exactly what was in the boy’s body at the time of his death.

The 11-year-old’s mother, Jeannie Williams, was also seriously injured and rushed to the hospital for treatment of carbon monoxide poisoning. Police say the mother survived and is now recovering from her injuries.

Back in April, a couple from Washington State was found dead in the same room. Toxicology results have since confirmed that the two died of carbon monoxide poisoning. A spokesperson with the Boone Police Department says that investigators noticed the room is located very close to an indoor pool that is heated by a natural gas heater. Though the department is not willing to say officially that this was the cause of the carbon monoxide, it is one possible answer.

North Carolina Nursing Home Penalized After Ignoring Patient’s Deadly Fall :: Personal Injury Attorneys and Lawyers in Charlotte, NC

May 28, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What information will be helpful for my nursing home negligence claim?”

A nursing home located in High Point, NC has been sanctioned by officials with the state Department of Health and Human Services according to a recently released report. State officials say that the facility failed to properly respond to a dangerous fall by a resident, which eventually led to the patient’s death.

Investigators with the HHS Department cited the nursing home, Westchester Manor at Providence Place, after it was discovered that the staff at the facility never bothered to notify a doctor that a resident had fallen and seriously injured her head. The head trauma ultimately proved fatal.

The NC Department of HHS recommended that the federal government order the home pay $10,000 in fines for breaching its duty owed to the injured patient. Westchester Manor is also required to come up with a plan of action to correct the deficiencies which led to the deadly error in the first place. The home is also prevented from taking on any new patients until it is found to be in substantial compliance with nursing home regulations.

The specific incident involved an elderly woman who was admitted to Westchester Manor in early February for rehabilitation following a stroke. The woman suffered from other health conditions including dementia. Only a month after being admitted, the woman was found on the floor of her room by a nurse who noted that she had hit the back of her head while attempting to take herself to the bathroom. Nurses noticed a big bump on the back of the woman’s head and claim they intended to notify a doctor about the fall, something investigators say never happened.