Charlotte Injury Lawyers Blog

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.

Two North Carolina Women Die In Head-On Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 11, 2013 | AS Personal Injury Lawyers

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

Police in North Carolina say two women were killed in a head-on accident in Perquimans County early this weekend. According to news reports, the accident took place early in the morning on Friday.

The names of the two women have not yet been released as authorities say they are still trying to notify their families. According to reports, a man crossed the center lane of Harvey Point Road near the intersection of Burgess Road and slammed into the oncoming car carrying the two women.

The man, whose name has also not yet been released, was taken to the Vidant Medical Center in Greenville for treatment of serious injuries. Police say they are still investigating what may have caused the fatal accident and are considering filing criminal charges against the male driver for failing to maintain control of his vehicle.

Head-on accidents are just what they sound like when the front of a car, truck or motorcycle slams into the front of another motor vehicle. Such accidents are generally serious and have a higher rate of causing fatalities than other crashes, with the exception of rollover accidents. In 2005, only two percent of all car accidents were head-on collisions but they accounted for 10 percent of fatal accidents.

Ocean Isle Beach Deck Collapse Injures 20 Vacationers :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 9, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “May I choose my own doctor in a person injury case?”

Terrible news hit papers this week as reports surfaced of a deck collapse at an oceanfront condo located in Ocean Isle Beach, North Carolina. The collapse occurred while some 25 people were gathered on the second-story deck watching the sun go down over the water.

Authorities say the deck collapse resulted in serious injuries to 20 people, one so severe the person had to be taken by helicopter to a hospital in Wilmington. Police say the injuries include broken arms, legs and ankles as well as serious cuts to the face and body. According to early reports, the condo is privately owned but used as a rental property and was rented to a couple that had friends over for the holiday weekend.

Officials say they are investigating exactly what happened and what may have led to the deck collapse, but early reports indicate that it may simply have been too much weight. When the second-story deck collapsed it gave way and fell 12 feet onto the concrete patio below. In many deck collapse cases, weight, structural insecurity, bug infestations and poor maintenance contribute to the collapse.

Local authorities, including the mayor, Debbie Smith, have said that the recent deck collapse should serve as a reason to spur a change in laws regarding deck safety. Smith says she has been fighting for years to make more stringent building standards for oceanfront decks, saying that the decks in seaside communities like Ocean Isle are frequently used by large groups and need to be stronger to reflect that increased use. Smith says that while local governments have tried to increase building codes, they have frequently found themselves stymied by North Carolina state law, which has much looser definitions for what constitutes a safe deck.

Safety Advocates Hope New Trucking Regulations Improve Safety :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 20, 2013 | AS Personal Injury Lawyers

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

Some long-awaited safety restrictions created by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) were implemented earlier this week to the acclaim of safety advocates who hope they reduce the number of deadly trucking accidents each year. The new guidelines were implemented as of July 1, 2013 and lower the amount of time truck drivers are allowed to be behind the wheel every day.

The hope is that the hours-of-service changes lead to less exhausted commercial vehicle drivers, which in turns leads to safer highways for the rest of us. The regulations were initially proposed in 2011 after outcry about the dangers of tired driving among truckers. Study after study has shown how dangerous fatigue can be for commercial vehicle operators, with one survey by the NTSB showing that as many as 30 percent of all tractor-trailer crashes could be related to driver fatigue.

The issue in the trucking industry has always been that drivers have a direct financial incentive to work as long as possible. Their bonuses are tied to delivery times and the best way to get a load dropped off on schedule is to push yourself to drive around the clock. While this can increase efficiency it dramatically increases the chance that a driver will be involved in an accident. Given that truckers have such clear financial motivation to drive for as long as possible, it’s essential that the government create strict limits on work hours to protect innocent motorists from harm.

North Carolina Rail Safety Summit Convened After Huge Spike In Deaths :: Personal Injury Attorneys and Lawyers in Charlotte, NC

June 18, 2013 | AS Personal Injury Lawyers

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

The number of deadly train accidents across North Carolina has increased dramatically so far in 2013 and state safety officials are eager to come up with a solution to end the escalating problem. To help with that, a rail safety summit took place late last month with railroad officials, government workers, police officers and public safety advocates.

The numbers so far this year clearly demonstrate the problem: so far 15 people in North Carolina have died in train-related accidents. In all of 2012 there were only 18 train-related fatalities. Authorities say most of the deaths were due to pedestrians who were on railroad tracks, meaning they trespassed onto land that the railroad operators control. Nine out of the 15 deaths have involved such trespassers, something law enforcement officials are struggling to deal with.

Police say if someone is caught trespassing on a railroad’s right-of-way that person can be charged with a misdemeanor, but this has not appeared to prevent people from continuing to trespass. Experts say the reason for the trespassing varies, some people are just bored and out for a walk, others are trying to tempt fate while others were taking what they thought was an uneventful jog.

Those deaths that do not involve pedestrians are typically caused because drivers either disregard or never noticed warnings at railroad crossings. In some cases, rushed drivers attempt to cross already lowered crossing gates thinking they can beat the oncoming train. The state Transportation Secretary, Tony Tata, says that drivers need to understand that it’s far better to wait a few minutes than to never arrive at all.