Charlotte Injury Lawyers Blog

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.

Late Night Charlotte Crash Leaves Two Dead, Eight Injured :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 23, 2013 | AS Personal Injury Lawyers

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

News reports discussed the recent tragic accident in Charlotte, NC that left two people dead and eight others seriously injured. The accident took place very early Sunday morning at the intersection of Eastway and Arnold Drives.

A spokesperson with Charlotte-Mecklenburg Police has confirmed that two people died in the accident while another eight people were transported to local hospitals with varying degrees of injuries. Several are still recovering at Carolinas Medical Center – Main.

Police say the accident happened when a 2005 Chevy Malibu that was heading south on Eastway Drive crashed into a 2002 Honda Odyssey. The force of the collision resulted in the Malibu being pushed across the double yellow line into oncoming traffic, where an oncoming Ford Explorer then hit the Malibu. This second crash then caused the Malibu to roll over onto its roof, ejecting several of the passengers.

Police say it was the ejection that resulted in the death of two of the passengers in the Malibu and caused the serious injuries to the others. Several young children in the Odyssey also suffered injuries, as did occupants in the Explorer. Police say they have only just begun launching an investigation into the crash but have so far been able to rule out alcohol as a cause.

Sadly, the accident illustrates just how deadly it can be when passengers are thrown form a vehicle. Though police have not yet said whether passengers in the cars were wearing seatbelts at the time of the collision, lack of a safety belt is almost always seen in cases where ejection occurs. However, it’s important to note that seatbelts and airbags are not always successfully in preventing passengers from being thrown from a car.

Toyota Finally Reaches Settlement In Sudden Acceleration Case :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 18, 2013 | AS Personal Injury Lawyers

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

Though the issue may have slipped the minds of many people, the Toyota sudden acceleration case is back in the news as a federal judge this week finally approved a $1.6 billion settlement with the automaker. The approval was formally announced Friday in a major class-action lawsuit filed against Toyota.

The suit was filed to ensure that vehicle owners who suffered financial harm due to the recall were compensated. The settlement means that anyone who sold their vehicle at a loss through trade-in and resale programs will receive money from Toyota, a number ranging anywhere between $125 and $10,000, depending on the amount of depreciation.

The settlement marks the end of one major string of lawsuits against Toyota that began in in 2010. However, the recent settlement does not represent the end of all litigation surrounding the sudden acceleration issue meaning Toyota still faces potential billions more in payouts. The recent settlement does not cover those who suffered injuries or died as a result of the defect, likely even more expensive cases.

Another part of the settlement agreement means that Toyota will have to install safety upgrades in 3.2 million vehicles. The company will also create two $250 million funds to pay owners who are not eligible for safety upgrades and those who sold their cars at a loss. The terms of the settlement agreement also means that Toyota will pay $30 million for automotive safety research regarding unintended acceleration. Finally, the company agreed to create a special customer service program that allows eligible Toyota owners to have free repairs on certain parts for the next 10 years.

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.