Charlotte Injury Lawyers Blog

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.

Child Porn Victim Files Class-Action Suit Against Those Who Viewed Her Images :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 22, 2013 | AS Personal Injury Lawyers

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

A young woman from Pennsylvania has broken ground by filing a class action suit against more than a dozen men who were found to have viewed explicit images of her as a young girl. The victim of child pornography, Masha Allen, is now using a law that carries her name to try and collect at least $150,000 from each of 14 different men so far.

Masha’s story is an especially tragic one and begins when she was a five-year-old Russian orphan. Masha was adopted by a divorced Pittsburgh millionaire named Matthew Mancuso. Mancuso claimed at the time that he was adopting her to try and make up for the distance he felt between himself and his teenage daughter, when he was actually seeking to adopt a young girl for sexual purposes. Police say Mancuso, a successful engineer in his 40s, repeatedly raped and sexually abused Masha on camera, sometimes during trips to Disney World. More than 200 sexually explicit images of her were posted online and the FBI says they have since been viewed millions of times.

Thankfully the FBI located Masha back in 2003, at age 10. She’s now 20 and testified before Congress about how law enforcement failed her by never checking up on her wellbeing. In response, Congress passed a law that allowed for lawsuits against the sometimes-wealthy individuals who view child pornography. The law notes that victims are injured every time their images are illegally accessed, thus allowing even viewers and not just the actual perpetrators to be held liable.

Dozens Injured After Charter Bus Overturns :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 20, 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?”

Last week dozens of soldiers were injured in a bus accident along wet roads in Mooresville, North Carolina. Police have revealed that they have since charged the driver with failure to maintain lane control for his role in flipping the bus.

According to law enforcement officials, the driver was operating a charter bus that had been hired to transport 45 Army Reserve soldiers from the Charlotte airport back to their base in Salisbury. The troops had been away in Wisconsin on training exercises. At a little after 3 p.m. rain began to fall along N.C. 150 when the traffic suddenly came to a stop. The driver of the charter bus then slammed on his brakes, but the stopping didn’t happen fast enough. Instead, the bus spun off the road, overturning and skidding down a small hill, leaving a 15-foot muddy cut in the grass as it continued sliding.

Officers say the bus was one of two charter buses that were traveling together; thankfully the other bus was able to come to a complete stop safely. After the accident, 29 of the 45 troops on board had to be taken to hospitals for treatment of their injuries. One of the soldiers required emergency air transport while the rest were taken by ambulance. 14 other troops suffered minor injuries, but were able to receive treatment at the scene of the accident. Most of the troops were taken to Lake Norman Regional Medical Center and Iredell Memorial Hospital for treatment. The most severely injured solider was flown to Carolinas Medical Center here in Charlotte.

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.

Fake NC Gunslinger Suffers Real Injuries In Fictitious Wild West Shootout :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 15, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “How do worker comps payments work?”

It’s not too often you hear about gunslingers engaged in workers’ comp cases, but an accident late last month in the mountains of North Carolina resulted in just that. In a bizarre work-related injury case out of Maggie Valley, a gunfighter was wounded during a fake fight and now, understandably, wants to be compensated for his injuries.

Robert Bradley, a longtime employee of the Ghost Town amusement park in Maggie Valley, spent decades working as a fake gunfighter in the park’s Wild West Town. The attraction, one of the most popular at the park, requires Bradley and others to stage shootouts for the amusement of guests. While the fake shootouts are normally uneventful, things took a surprising turn a few weeks ago when Bradley was injured performing a scene he had done hundreds of times before.

According to Bradley, in the middle of a shootout he was hit in the right thigh by an as yet unknown projectile from the gun of another performer. Though police deemed the incident accidental and in no way suspicious, it did lead to a serious injury for Bradley. Authorities say the projectile was lodged 1.5 inches into his leg and that Bradley had to be rushed to an emergency room where he was asked to submit to a drug test.

Bradley refused to submit to the drug test, saying that he thinks such tests are merely ways for insurance companies to avoid paying workers’ for legitimate injuries. Given his refusal he was afraid the company might not pay his hospital bills since such tests are often prerequisites for handling an injury claim. Experts say that while a refusal can lead to delays in payments, it does not necessarily mean Bradley will never see money for his injury. Since the incident, Bradley says he has been contacted by a workers’ comp representative who asked that he forward along his medical bills. Though this does not mean Bradley’s troubles are over, it’s a good indication that his case is moving forward.

North Carolina Construction Site Accident Leaves Workers Seriously Injured :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 8, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “How do worker comps payments work?”

A terrible workplace accident at a construction site in Marion, North Carolina led to serious injuries to more than a dozen people and required help from nearly 70 rescuers. Police say scaffolding located at the site of the construction of a new wing of McDowell High School collapsed late last week while 15 workers were working on top of it.

Authorities say that as the scaffolding collapsed, seven of the 15 workers jumped onto and straddled the wall that was under construction while the rest fell between 40 and 50 feet into the pile of broken metal scaffolding beneath them. According to police, one man dangled from the scaffold for nearly an hour before emergency responders were able to rescue him.

Given the number of workers present and the severity of the injuries, more than 70 people were called to the accident scene to rescue construction workers. Several workers had to be life-flighted to hospitals in Spartanburg and Asheville given the critical nature of their injuries.

Police say the workers were all employed by a local company named Beam Construction. Investigators say they are working hard to determine the cause of the scaffolding collapse and want to ensure that such an accident does not happen again.

For all the talk of safety efforts for construction workers, the industry is consistently one of the leading sources of workplace accidents and deaths. Construction work is notoriously dangerous even with stringent government safety regulations in place. The simple nature of the work exposes employees to risky conditions, dangerous equipment, potentially hazardous materials and unstable work areas.

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.

Interesting Personal Injury Case Out Of Pennsylvania Grapples With Issue Of Same-Sex Marriage :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 30, 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?”

A recent Pennsylvania medical malpractice case involved a detour into the controversial subject of same-sex relationships and whether same-sex couples, who cannot legally marry in the state, have the right to make a claim for loss of consortium.

A judge in Philadelphia this week decided to throw out the loss of consortium claim by the same-sex couple in a medical malpractice suit filed against Temple University Hospital. The order comes as many groups, including the ACLU, are actively pushing forward a variety of cases challenging existing rights for same-sex couples.

In the case, Tammy and Jesseca Wolf have argued that denying Tammy’s claim for loss of consortium based on her gender violates the Pennsylvania Constitution’s right to equal protection. Loss of consortium is a category of damages that is awarded for the loss of family or marital companionship caused by another person’s wrongful or negligent acts. Generally, in North Carolina and other states that allow such claims, this loss can only be brought forward by married couples.

The case began with Jesseca Wolf claimed that doctors at Temple University Hospital left a metal object in her foot following a recent surgery. Temple took issue with the med mal suit, especially with the loss of consortium claim by Tammy. Temple filed a motion saying that state law should not recognize consortium claims for injuries that happen prior to marriage. The logic goes that because Pennsylvania law does not recognize same-sex marriage, then the loss of consortium claim must be dismissed.

Wet Roads Lead To Death Of Teen Driver From North Carolina :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 25, 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?”

Police officers in Gaston County, NC say that a recent deadly accident earlier this month that left a teenage driver dead highlights the dangers that can happen when driving on wet roads. Police say that the teen died on I-85 northbound when his 1991 Mercury hydroplaned while driving in front of a tractor-trailer.

Authorities say after the car hydroplaned, a little after 9 in the morning, it was hit by the tractor-trailer and pushed nearly 100 feet into the interstate median. At that point the tractor-trailer flipped onto its side, injuring the driver of the truck.

Police investigators say the Mercury was severely damaged which resulted in the death of the 18-year-old driver. The driver of the tractor-trailer was transported by ambulance to Caromont Regional Medical Center, but is expected to be fine. Police have said the driver of the semi will not face any criminal charges related to the accident given that it occurred because of the wet roads and subsequent hydroplaning.

Most everyone has heard the term “hydroplaning,” a word which refers to the sliding of a car’s tires across the wet surface of a roadway. This skidding happens when a tire comes into contact with more water than it is able to safely scatter. The water pressure in front of the tire then forces large amounts of water under the wheel which then causes the tire to separate from the surface of the pavement. This tiny layer of water between the tire and the road is enough to cause a dangerous loss of traction and results in loss of ability to steer or brake.

Given the loss of vehicle control, it’s understandable why hydroplaning can be so dangerous. The dangers of hydroplaning are most severe in the first 10 minutes after a light rain. This is the point when the water has mixed with the oil on the surface of the road which creates the most slippery conditions. Vehicles traveling faster than 35 miles per hour at the greatest risk of hydroplaning. Unfortunately, once the slip has begun there’s little a driver can do to stay in control of the direction of the vehicle.