Charlotte Injury Lawyers Blog

North Carolina Bus Accident Injures Elementary School Students :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 15, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Is a tractor-trailer accident the same as an automobile accident?”

Authorities from Morganton, NC say that a number of local Burke County students have been taken to the hospital after their school bus overturned yesterday morning. Officials say that the accident happened on wet roads near a curve about eight miles northwest of Morganton. The accident took place a little after 7:30 in the morning as the children were heading to school. The bus was heading north along Frank Whisnant Road when it dropped off the right shoulder and overturned.

Emergency responders say several children were injured in the accident, though none of the injuries were life-threatening. A total of eight students and the driver were ultimately taken to a Morganton hospital for treatment. Officials with Burke County school system say the bus was loaded with students heading to Oak Hill Elementary School.

So far a specific cause for the accident has not been identified, though police say the rain and wet roads were likely to blame. Officers cited the driver with a lane-control violation and say that the bus driver was partially to blame for allowing the vehicle to drift off the road.

Parents interviewed by local new stations say they aren’t especially upset with the driver, but do think the incident calls into question why school buses lack many basic security features common in passenger vehicles. While the vast majority of parents would never let their young children get into a car without putting on a seatbelt, sadly millions of kids every day hop on board school buses that lack any kind of safety restraint.

Only about 20 percent of the nation’s 480,000 school buses have seat belts available, and only six states — New York, New Jersey, California, Texas, Louisiana and Florida — have laws that begin to address seat belts on school buses. Industry groups have lobbied against other laws, arguing that the cost is prohibitive. Depending on the size, a typical new school bus costs in the vicinity of $75,000 to $85,000. Outfitting a single bus with seat belts can cost anywhere from $5,485 to $7,346.

North Carolina Church Family Devastated After Deadly Bus Crash :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 10, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”
A church family in Statesville, NC is grappling with a tragedy this morning after a bus carrying members of the congregation crashed in eastern Tennessee. The terrible accident left eight people dead and 14 other seriously injured.

According to authorities, at least six of the eight people who died in the crash were thought to be members of the Young at Heart program. The group was made up of senior citizens at the Front Street Baptist Church. All of the 14 people who were identified as injured were senior citizens. Officials with UT Hospital say two of those injured were still in critical condition as of Thursday morning.

Emergency responders say that the church bus was carrying 18 people at the time of the horrific crash. The group was heading back home to Statesville from the recent Fall Jubilee Conference in Gatlinburg. Authorities say that the deadly chain of events began when a front tire on the bus blew out as it was heading east on I-40. The bus then crossed the median and slammed into the front of an oncoming tractor-trailer and SUV. The force of the accident caused the bus to flip over and resulted in a fire in the tractor-trailer.

Police say six of those killed were on the church bus while two others were in the vehicles hit by the out of control bus. Jefferson County emergency officials who responded to the wreck said that the incident marked the deadliest crash in the county in decades.

Tire blowouts are a constant danger to motorists, but when they happen on large buses it can be especially dangerous. A large commercial vehicle can easily lose control after a tire blowout, endangering not only passengers in the vehicle, but all those drivers in the vicinity given the size and speed of such commercial vehicles.

Recent Deaths Lead to Carbon Monoxide Regulation For North Carolina Hotels :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 8, 2013 | AS Personal Injury Lawyers

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

All hotels in North Carolina will now have to install carbon monoxide detectors in every room. The law is one of many new measures that officially go into effect on October 1st.

The new legislation is long overdue and sadly only passed after a tragic episode earlier this year at a Boone, NC hotel left several people dead. Investigators say that a carbon monoxide leak from a faulty indoor pool heater spread down a hall and into a room where three people were staying at the Best Western.

Investigators determined that the carbon monoxide leak led to the deaths of a couple from Washington state on April 16th as well as to the June 8th death of an 11-year-old boy from Rock Hill. The latter incident not only resulted in the death of the 11-year-old, but also in severe injuries to the boy’s mother who is still recovering from the carbon monoxide.

Carbon monoxide is often referred to as a silent killer, given that the gas is odorless and colorless and can cause serious illness or death in a matter of minutes. It is emitted from cars and other fuel-burning machines or appliances. A survey by the state revealed that carbon monoxide has killed some 400 people in North Carolina since 2001, 39 of whom were here in Mecklenburg County. The overwhelming majority of these deaths were accidental and were often caused by ordinary appliances such as grills or cars left running inside garages.

Not only do such accidents happen at home, but there have also been several occasions where hotel guests have been injured due to carbon monoxide leaks. Beyond the two incidents in Boone, another case out of Winston-Salem from earlier this year left two Charlotte residents severely ill after carbon monoxide poisoning in their hotel room. Back in 2008, eight guests at the Super 8 Motel in Raleigh were injured due carbon monoxide that came from a leaky water heater.

Two North Carolina Bicyclists Dead After Hit-And-Run Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 3, 2013 | AS Personal Injury Lawyers

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

Police in Chapel Hill, NC say that a second bike rider has died after being involved in a hit-and-run accident last week. Authorities say the accident happened as the cyclists were heading south along U.S. Highway 15/501 at around 11:30 p.m. Thursday evening.

While the two cyclists, Alexandra Simou and Ivin Scurlock, were riding south of Chapel Hill, police say they were hit from behind by a passenger vehicle. The force of the collision was great and Scurlock died at the scene of the accident. A spokesperson for UNC Hospitals said that Simou was transported to the facility for treatment and died on Sunday from her injuries.

A ghost bike has since been placed at the scene of the accident by family and friends to serve as a memorial for the couple. Ghost bikes are white bicycle replicas, usually miniature versions of bikes, which are placed along roadsides to serve as memorials for those who have been killed in car accidents. The bikes are meant to serve as eerie reminders of the damage a car can do to those simply out for a ride. The ghost bike memorials are not just a North Carolina phenomenon, but have been popping up all around the world, with one website listing some 600 of them in more than 100 U.S. citizens and nearly two-dozen countries.

According to North Carolina Highway Patrol officials, authorities are still searching for the car that hit the rider. So far police say they believe the vehicle is a sedan that has some front-end damage and likely a damaged windshield. Anyone with information about the accident is urged to contact his or her local law enforcement officials.

Overall, hundreds of cyclists die and thousands more are injured in tragic accidents just like this one every year. The National Highway Traffic Safety Administration reported that 618 cyclists were killed and 52,000 injured in crashes with motor vehicles in 2010 alone. The number of deaths is far too high and speaks to how much work remains to be done to educate drivers about the importance of watching out for cyclists.

Man Responsible For Deadly Charlotte Hit-And-Run Apprehended :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 1, 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 Charlotte say they have charged an 18-year-old driver with involuntary manslaughter after a deadly accident occurred in south Charlotte last week. The hit-and-run collision left a 19-year-old driver and a three-year-old passenger dead.

According to Charlotte-Mecklenburg police, the accident took place last Wednesday at around 6 p.m. on Sharon Road West. Authorities say a 2002 Mercy Sable collided with a utility pole near the intersection with Hopeton Road. The driver of that car, a 19-year-old named Shaquise Bush, died at the scene of the crash. A passenger in that car, Shanquise Wilson, was seriously injured and taken to Carolinas Medical Center for treatment.

Three other small children in the car, an 18-month-old girl, a 22-month-old girl and a three-year-old boy, were all critically injured. Authorities say it was after being taken to the hospital that the three-year-old succumbed to the traumatic injuries he suffered in the accident.

Police say they received a tip that a white pickup truck, driven by Uriel Eduardo Flores, was involved in the accident but took off from the crash scene before police officers were able to arrive on location. Flores later turned himself into police and was questioned by investigators about his role in the accident. Police say they are still investigating exactly what caused the deadly crash. In the meantime, Flores is now facing charges of involuntary manslaughter and felony hit-and-run.

Debris From Dump Truck Kills Unsuspecting Driver In Rural North Carolina :: Personal Injury Attorneys and Lawyers in Charlotte, NC

September 26, 2013 | AS Personal Injury Lawyers

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

In a truly tragic case out of North Carolina, officials say a large rock that came rolling out of the back of a dump truck is responsible for an unsuspecting driver’s death. Officials with the North Carolina Highway Patrol say that a rock flew through the window of a car on U.S. Highway 221 while it the driver was winding his way through the North Carolina mountains.

Police say that the rock was the size of a basketball and weighed nearly 25 pounds. The rock fell off the back of the truck and landed on the driver, killing him almost immediately. According to a statement from the Highway Patrol, the large rock fell off the back of a northbound dump truck, hit the road once time and bounced upward, ultimately striking the windshield of a Mercedes heading southbound.

Authorities say the rock was one of many loaded into the dump truck that was hauling the rocks to a construction site in nearby Avery County. Police say that the driver of the truck had no idea there was a problem until another driver flagged him down more than a mile from where the deadly accident occurred.

Police say that the accident is an especially tragic reminder of how important it is for commercial vehicles to have their equipment inspected regularly and be up to legal standards. Authorities say that when officers inspected the truck involved in the crash it was clear that there were a lot of equipment violations. An official with the Highway Patrol went so far as to say the dump truck was a faulty vehicle that clearly should not have been allowed on the road.

Georgia Woman Shocked When E-Cigarette Shoots Flames Across Living Room :: Personal Injury Attorneys and Lawyers in Charlotte, NC

September 24, 2013 | AS Personal Injury Lawyers

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

One woman from Atlanta learned first hand just how dangerous smoking could be. Though the case of Elizabeth Wilkowski is different than you might be expecting given that the danger she saw was not due to lung cancer or other conditions related to cigarette smoking. In her case, an e-cigarette she had been using to cut back on the real stuff exploded and lit a large portion of her living room on fire.

The wild case has received national attention after Wilkowski says she had her eHit electronic cigarette plugged into her computer’s USB port to charge. While plugged in, the device suddenly, and without warning, began shooting flames across the living room, burning a hole in her carpet and sofa. Wilkowski was quick on her feet and moved her pets away from the area while wrapping her hand in a nearby towel so that she could get close enough to the computer to unplug the faulty device.

Wilkowski said once she had unplugged it from the computer the flames finally abated. She has since contacted the store where she purchased the e-cigarette and informed the owners of the incident. The store says it has pulled all eHits off its shelves. A company known as Shenzhen Seego Technology makes the cigarette in China.

While Wilkowski learned a valuable lesson about the dangers lurking in supposedly safe e-cigarettes, the industry is a massive one with more than three million such devices on the market today. Though no one believes exploding cigarettes are common, there have been more disturbing incidents than many people may realize.

Within only the last few months, stories of fires started by exploding e-cigarettes have been reported in California, Oklahoma, Arizona and Florida. Several people say that their houses nearly burned down due to battery explosions that occurred while their electronic cigarettes were charging.

Plane Crash Leads To Embarrassing And Literal Cover-Up :: Personal Injury Attorneys and Lawyers in Charlotte, NC

September 19, 2013 | AS Personal Injury Lawyers

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

A recent airline accident at the Bangkok International Airport led to a bizarre cover-up attempt that ended up creating worse media attention than the accident itself. The incident involved a Thai Airways jet that skidded off the runway last week seconds after landing. The accident was thankfully not too severe, with less than 20 people out of the 288 on board suffering injuries.

According to news reports, once the airline had successfully evacuated passengers from the plane, the company almost immediately went to work trying to hide their connection with the crashed jet. Within hours of the crash, maintenance men wielding black paint brushes were spotted painting over the plane’s prominent purple and gold logo. In no time, all the identifying marks on the plane had been covered-up. Thai Airways believed that this attempt at “de-identification” would help avoid thousands of damaging photos being circulated with the company’s logo being associated with a crashed plane.

Unfortunately for Thai Airways, they forgot that this is the era of Instagram. In the current time of instant communication, pictures of the plane before, during and after the cover-up were beamed around the world, subjecting the company to even more negative attention than the relatively minor accident. Passengers began Tweeting images of paint crews and noted how botched the attempt to hide the plane was from a public relations standpoint.

The problem became even worse when a Thai Airways spokesperson came out in defense of the cover-up and said that the actions were only taken in accordance with crisis communication rules of the Star Alliance network it is a part of. Thai Airways said that all Star Alliance members (including United and US Airways) are required to de-identify any airplanes involved in an accident. Almost immediately after making the claim a Star Alliance spokesperson flatly rejected it as untrue, clarifying that no such guidelines exist.

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.

Tight Bike Lanes Lead To “Dooring” Danger :: Personal Injury Attorneys and Lawyers in Charlotte, NC

September 12, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Do I have to sign a release allowing the insurance company to get my medical records?”

City Council members in Raleigh, NC say they are examining the current location of bike lanes and whether the lanes are so tight that bicyclists are actually put in harms way. The reason for the examination is that some bikers have complained about being injured by “dooring”, the term for what happens when a bicyclist runs into an open car door.

To help remedy the problem, a local cycling organization, Bicycle and Pedestrian Advisory Commission (BPAC), suggests that laws be changed to say that it is illegal for a motorist to open the door of their vehicle on the side that faces moving traffic unless it is reasonably safe to do so. Though dooring might seem like a minor annoyance, BPAC leaders say that the practice can frequently turn deadly. BPAC says that they hope local lawmakers in North Carolina will make it clear that it is the responsibility of the person opening their door to be sure that the door has sufficient clearance.

BPAC leaders said that they are working at the local level to push for dooring changes given that North Carolina is one of only 10 states across the country without a dooring law already in place. A survey of state laws found that besides North Carolina, the following states lack dooring regulations: Virginia, Connecticut, Indiana, Iowa, Kentucky, Michigan, New Jersey, Tennessee and West Virginia. Even Alaska, where there are surely few instances of cyclists being endangered on congested streets, has passed an anti-dooring law.

One council member noted that cyclists must also have some responsibility for their own safety and use common sense to stay alert when they see an approaching vehicle has just parked. The city council considered the dooring proposal, but said that before they feel comfortable voting on the issue they would like to have staff gather statistical data on the number of accidents that involve dooring and how best to remedy the problem.