Charlotte Injury Lawyers Blog

Charlotte Woman Latest Injured In North Carolina Amtrak Accidents :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 28, 2013 | AS Personal Injury Lawyers

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

Emergency responders in Charlotte say that a woman is recovering from her injuries after being hit by an Amtrak train in West Charlotte last night. The accident occurred near Charlotte-Douglas International Airport, at a railroad crossing along Old Down Road and Josh Birmingham Parkway.

Police say that the driver of the vehicle accidentally turned onto the tracks, though it is not yet known whether her line of sight was clear prior to making the turn. Witnesses say the oncoming Amtrak train collided with the vehicle, dragging it down the railroad tracks before the train finally came to a stop.

Thankfully the train was not moving very fast at the time and the driver of the car suffered relatively minor injuries. Amtrak officials say 153 passengers were on board the train at the time of the accident, but none suffered anything more serious than a scrape.

The more troubling aspect of the accident according to many safety experts in the state is that the incident marks the third time this month that an Amtrak train has been involved in a collision this month. Earlier this week a pedestrian in Mebane, NC was killed when an Amtrak train hit him. Several weeks before that, a woman from Raleigh died after her vehicle was struck by an oncoming Amtrak train.

Though it sounds like an extraordinary run of train crashes, the reality is that vehicle/train accidents are far from rare. According to statistics gathered by the federal government, there were 2,000 individual accidents at railroad crossings last year. Among this number, 235 people died and 900 people suffered serious injuries.

Texting While Driving Blamed For Four-Car North Carolina Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 26, 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 seriously scary accident that took place in Raleigh, NC last week reveals the dangers associated with texting and driving. The accident, which occurred on I-540 near Aviation Parkway, left several people injured and in need of medical treatment.

According to emergency responders, the accident happened at around 9:30 in the morning when Aaron Artis was approaching Exit 2 on Interstate 540. Witnesses say there was heavy morning traffic at the time and Artis, who was distracted by his cell phone, failed to notice a car stopped in the median.

Police officials say that a family had pulled over on the median to change a flat tire, with the mother and two young children getting out of the car. Police say Artis received a text message as he approached the stopped vehicle and looked down to read it for several seconds. Just those few seconds were enough to cause a serious problem, with Artis realizing too late that he was heading right for the family as his car had drifted out of its lane. Artis attempted to straighten his wheels, but when he did so, overcorrected and sideswiped another vehicle.

Police say another car then crashed into the sideswiped car. The force of the accidents caused serious injuries to the driver of the first vehicle, Laura Labdon. The mother who had stopped to change her flat tire, Adriana Sepulveda, was also injured and transported to Duke University Hospital for treatment. Thankfully, the two young kids, ages 5 and 10, were not hurt in the accident.

Charlotte Police Search For Driver After Accident Sends Four People To The Hospital :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 21, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “The insurance adjuster is saying I am partially negligent what does that mean?”

Police in Charlotte have said they are currently searching for the driver of a gold Cadillac which they believe might have been responsible for a recent accident along Brookshire Boulevard that sent four people to the hospital.

The accident took place on the morning of November 11 near the 5700 block of Brookshire Boulevard near Hoskins Road. Police say that a 1998 Honda Civic was heading inbound on Brookshire when its left tires ran off the road into the grassy median. The driver, afraid of driving off the road, overcorrected and ultimately lost control of the vehicle, with the Civic sliding across the median into oncoming traffic.

Police say that the Civic then collided with the front of an oncoming 2005 Ford Expedition that was heading inbound. The accident was almost completely head-on, a very dangerous variety of accident that often results in serious injuries or even death. In fact, studies have shown that while head-on accidents only make up about 2 percent of all car accidents, they account for 10 percent of all fatal accidents.

Police say that in this case the driver of the Civic was transported to Carolinas Medical Center with critical injuries. The driver of the Ford, as well as two children that were traveling in the vehicle, were also taken to Carolinas Medical Center, thankfully for less serious injuries, and have all since been released.

Police say that after interviewing several witnesses to the crash they were told that another vehicle was involved in the accident, but that the driver chose to flee the scene of the wreck. Officers say they were told that a gold or tan Cadillac merged into the Honda’s lane of traffic, which then forced the driver of the Honda to veer off the road into the median and ultimately lose control. Police say they do not yet know if the Cadillac and the Honda hit one another or not, but are eager to locate the driver of the vehicle.

More Criminal Charges Handed Down Due To North Carolina State Fair Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 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?”

In yet another twist in the ongoing saga of the dangerous Vortex rides at the North Carolina State Fair, police say they have now arrested the owner of one such ride. Authorities say that Joshua Gene Macaroni surrendered to police late last week on three felony assault charges related to the accident that left five riders seriously injured.

Officials with the Wake County Sheriff’s Office say that Macaroni, a 32-year-old from Georgia, turned himself in to face charges related to the October 24th accident involving the Vortex amusement park ride. Investigators say that as riders were just starting to get off, the ride jolted back to life and ended up dropping five people from heights of up to 30 feet.

Investigators have so far not released word on why they believe Macaroni might be involved in the accident, though they have said that his name is listed as the owner of the Vortex ride at issue. For his part, Macaroni’s attorney has said that he is puzzled about why Macaroni would be charged and says that his client intends to plead not guilty. Macaroni is currently free on $225,000 bond.

The recent arrest marks the second since the accident occurred a few weeks ago. The ride’s operator, an independent contractor named Timothy Tutterrow also from Georgia, was arrested several days after the incident and has also been charged with three counts of assault with a deadly weapon.

North Carolina State Fair Worker Injured By ‘Vortex’ Ride Undergoes Major Surgery :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 14, 2013 | AS Personal Injury Lawyers

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

The horrible accidents that marred the fun of the North Carolina State Fair have been in the news a lot recently, especially articles concerning the injured riders who may have been victims of intentional tampering with the ride’s safety features. Another person seriously injured due to a different Vortex ride has not gotten nearly the same amount of press, though likely deserves it given the horrible circumstances of his accident and the extent of his injuries.

Family members for Anesto Newell, a 32-year-old worker at the fair, say that he has undergone emergency surgery to treat life-threatening injuries sustained after a portion of the Vortex ride he was tearing down collapsed on top of him. Newell was part of a crew hired by Powers Great American Midways to tear down the rides after the fair closed to the public last week. Newell was about four hours into his shift when witnesses say an entire row of seats from the Vortex ride fell onto the man.

The accident happened around 3:30 in the morning and, horrifyingly, Newell’s two brothers were also in the area working to break down rides. They say that they heard a series of loud pops and then a terrible boom. Afterwards, they looked up and noticed the top of the Vortex ride was swaying and appeared to be missing a row of seats. It only took a second for the brothers to realize that the Vortex was where Newell had been working and they went running to offer assistance.

By the time they arrived they found Newell mangled by the row of four seats. As horrible as it is to imagine, they say Newell was bent in such a way that his feet were stuck near his head and was understandably in an immense amount of pain. Emergency responders arrived soon thereafter and rushed Newell into WakeMed for treatment.

Tragic U-Turn Leaves One Dead, One Injured In Charlotte Collision :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 12, 2013 | AS Personal Injury Lawyers

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

In a tragic incident in southwest Charlotte, NC, police say that one person was killed and another seriously injured after an illegal U-turn led to a serious car collision. Officials with Medic say that the accident took place near the intersection of West Tyvola Road and Yorkmont Road a little after 3 p.m.

According to law enforcement officials, Kendei Ramirez was driving a 2001 Ford Escape on West Tyvola Road just after the intersection of Yorkmont Road when he attempted to make an illegal U-turn. Authorities say the U-turn took place on a stretch of road with a double-yellow line.

As Ramirez spun into oncoming traffic he was hit by a 2005 Ford F-150 driven by an unidentified 55-year-old man. Police say that Ramirez died at the scene of the accident while the driver of the Ford F-150 was rushed by ambulance to Carolina’s Medical Center for treatment of his serious injuries.

The horrible accident illustrates some of the very real dangers associated with making illegal U-turns in North Carolina. The danger of such maneuvers is so clear that North Carolina law specifically addresses the issue of U-turns, saying that it is unlawful to make any turn at an intersection is marked with a “No U-turn” sign.

When approaching some intersections, drivers are allowed to make a U-turn if the law allows it, they are in the far left lane and it is safe to do so. A U-turn should only be made if the driver can safely complete the turn in one movement and is positive that doing so will not impede traffic or put any other drivers in danger.

North Carolina Teacher Fired After Having Students Share Used Needles :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 7, 2013 | AS Personal Injury Lawyers

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

In a recent and troubling episode in Spring Lake, North Carolina, one high school biology teacher is now without a job after she allowed students to share needles as part of an in-class experiment. The teacher, Miyoshi McMillian, was fired after officials learned that she had her students prick their fingers with lancing needles and then leave them on their lab trays for other students to use later in the day.

The horrible incident occurred because McMillian was teaching the student’s about blood types and the finger pricks were meant to allow the students to identify their own blood types. The problem was that rather than properly disposing of the used lancets, McMillian simply had the students wipe the used lancets off with rubbing alcohol before students in a subsequent class reused them. The problem with this approach is that alcohol is not always enough to kill certain blood-borne viruses such as hepatitis or HIV.

A spokesperson for the Harnett County School District said that the incident was troubling for all those who were informed about it. The district not only does not want children sharing needles, but also said that any type of human blood should be kept out of high school classrooms.

The incident only came to light because McMillian offered students who did not want to participate in the experiment a chance to leave the room and write a five-page paper. One girl, who said she was concerned about the exercise, then left them room and called her parents. The girl’s parents then called the school’s principal who later fired McMillian.

Criminal Charges Follow North Carolina Fair Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 5, 2013 | AS Personal Injury Lawyers

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

According to police officials in Raleigh, NC, the operator of the Vortex ride that injured five riders last week is now facing criminal charges after it was discovered that he cut crucial corners regarding the safety of the ride. Police say that Timothy Dwayne Tutterrow has been charged with assault after it was revealed that he intentionally tampered with the ride to bypass several safety features, an act that may have been directly responsible for the serious injuries suffered by the five fairgoers.

Wake County law enforcement officials say police investigators uncovered evidence that clearly showed that Tutterrow had tampered with the ride. This may have led to the accident last week at the North Carolina State Fair where five people suffered serious injuries. According to a spokesperson for the fair, the Vortex started moving last Thursday while people were exiting the ride. The riders were then dropped from heights of up to 30 feet. Three of the riders remain hospitalized recovering from serious injuries.

Investigators say that Tutterrow has a criminal history including several previous busts for cocaine possession. Beyond Tutterrow’s actions, it has also been revealed that the Vortex ride in question suffered another technical problem four days before the accident. Just before the State Fair officially opened for business a safety switch that keeps the ride from operating unless seat restraints are engaged malfunctioned. The ride was temporarily suspended while workers repaired the problem.

Amazingly, as the fair was being dismantled on Monday another version of the Vortex ride injured a 35-year-old worker who was dismantling it. His leg became trapped and he had to be taken to a local hospital for treatment according to officials with the North Carolina Agriculture Department.

Five Seriously Injured Following Accident At North Carolina State Fair :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 31, 2013 | AS Personal Injury Lawyers

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

A recent news report revealed that several people in Raleigh, North Carolina were transported to WakeMed hospital for treatment following an accident Thursday evening involving a popular ride at the North Carolina State Fair.

Officials say that given how recently the accident occurred they are not yet sure of precisely how many people were injured. However, witnesses told local reporters that five people, maybe more, were seriously injured when they were thrown from a spinning ride. A WakeMed spokesperson confirmed that five people from the fair were under evaluation by doctors in the emergency room, but could not say how serious their injuries were.

Though details are sketchy, fair officials say that the accident took place on the Vortex ride which is located near the old midway between Gates 4 and 5. Witnesses say that accident took place on the newer of two Vortex machines and that it appears as if the victims fell out of the pendulum-swing ride. One person told a local NBC station that he heard a crashing sound soon after getting off the ride. When he turned around he saw several people lying face down on the ground and the ride’s operator then fell to his knees crying. The entire area surrounding the ride has since been shut down as emergency crews work at the scene of the accident.

Though most people understand that some amount of risk is associated with amusement park rides, many would be surprised to learn just how often serious injuries occur on seemingly safe rides. According to the Consumer Product Safety Commission (CPSC), more than 7,000 people seek emergency room treatment for amusement park injuries in the United States each and every year.

School Bus Camera Catches Dozens Of Drivers Breaking The Law :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 29, 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?”

In a troubling revelation, officials with the Rowan-Salisbury School District say they have video showing 45 impatient drivers speeding past stopped school buses. Not only is the video incriminating, it reveals how drivers seemingly uninterested in obeying the rules of the road endanger children on a regular basis.

The videos come from several school buses that district officials chose to outfit with special cameras. The cameras were placed to be able to spot vehicles near the bus and capture license plate information to then turn over to authorities. Officials say that since the videos were turned over to law enforcement officials, 43 of the drivers have either been found guilty or pleaded guilty illegally passing a stopped bus with flashing lights.

The issue received increased attention after a 17-year-old student at West Rowan High School was hit and killed last week by a passing driver. Police say that Makinzy Smith died after she was hit by a vehicle driven by Barbara Smith who refused to stop for the school bus.

Rowan County says that other school systems should consider adopting a similar camera system in an attempt to raise awareness over student safety while traveling on buses. According to officials with the NC State Highway Patrol the problem is a widespread one and is certainly not confined to Rowan County.

In fact, figures released by the Highway Patrol show that a pilot program was undertaken last year where bus drivers were asked to keep track of the number of cars they witnessed passing their buses over the course of a single school day. The tally, which was taken in 2011, revealed shocking figures. Bus drivers say that they spotted 3,196 vehicles illegally passing their stopped school buses at over 2,200 school bus stops across the state. This means that thousands of young children were placed in potential danger.