Charlotte Injury Lawyers Blog

North Carolina First Grader Killed In Bus Stop Hit-And-Run :: Workers’ Compensation Law Firm in Charlotte, NC

April 23, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

In a tragic case out of North Carolina, a first grade girl was killed after being hit by a log truck driven by a drunk driver who illegally attempted to pass a stopped school bus. The fatal accident took place last Tuesday afternoon as a bus from Sampson County pulled up to a stop along Highway 421.

Police say around 3:45 p.m. the school bus was headed south on Highway 421 with the log truck some distance behind. After arriving at the scheduled stop, the bus came to a complete stop and activated its emergency alert, the stop sign swung out and the lights flashed. Then seven-year-old Alyiah McKenzie Morgan stepped off the bus and was hit by the log truck driven by Johnny Allen Spell.
Witnesses have said that the driver of the truck slowed down slightly, but never came to a complete stop and then sped around the stopped bus. Not only did the driver break the law by passing a stopped school bus, but he then compounded his legal troubles by fleeing the scene of the accident.

Police say an anonymous tip led to Spell’s eventual capture. The man was arrested several hours after the crash in Autryville, approximately 35 miles away from where the accident took place. Spell has since been charged with felony passing a stopped school bus, felony hit and run, DWI, DWI while operating a commercial motor vehicle and involuntary manslaughter. Spell remains behind bars on $200,000 bond.

Fungal Meningitis Outbreak Leads To FDA Scrutiny Of Compounding Pharmacies :: Workers’ Compensation Law Firm in Charlotte, NC

April 18, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

In a worrisome press release, officials with the U.S. FDA have discovered potentially life-threatening safety issues at more than 30 specialized pharmacies across the country. The issues were uncovered after an investigation prompted by the tainted steroid medications that were found at a Massachusetts compounding pharmacy.

One frightening example was one Florida pharmacy where the FDA said it had discovered black particles in several vials of injectable medication. At another facility, inspectors found rust and mold in what were designated “clean rooms.” Still other facilities had sterilization issues or workers with tears in their gloves, all serious safety lapses that could lead to yet another deadly outbreak.

The series of inspections took place across the country over the last two or three months, the result of a major enforcement effort by the FDA that targeted small compounding pharmacies in the wake of the deadly fungal meningitis outbreak. The outbreak was caused by unsterile conditions at the New England Compounding Center and led to ore than 50 deaths and more than 700 people seriously injured.

In it’s statement, the FDA also revealed that several of the pharmacies targeted by investigators at first refused to grant access to the FDA, refusing to allow entry to their facilities or to view their records. Eventually the FDA prevailed, but the episode highlighted not only the deficiencies that exist in some operations, but the real challenge the agency must overcome at those facilities where cooperating with regulators is clearly not a priority.

North Carolina Legislature Considers Repealing Mandatory Helmet Law :: Workers’ Compensation Law Firm in Charlotte, NC

April 16, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

Adult motorcyclists in North Carolina would be allowed to ride around the state without a helmet under legislation that was recently approved by a North Carolina House committee. The measure would repeal the state’s mandatory safety helmet law for the vast majority of motorcyclists, something that has safety experts calling for legislators to vote no before it is too late.

The new law would require that motorcycle helmets only be worn if the motorist is younger than 21 or if the motorcyclist is recently licensed. In the case of recently licensed drivers, those with a motorcycle license for less than 12 months would also be required to don helmets. The measure also states that riders without a helmet would have to carry enough insurance coverage to pay for the first $10,000 of any medical bills that result from a possible crash.

Across the country, 31 states allow motorcyclists to choose for themselves whether to wear helmets. The closely divided vote by the House Transportation Committee moves North Carolina one step closer to joining that group of states. While one member of the committee cheered the results, saying that each person should decide for themselves whether to wear a helmet, another member said that he was worried about the cost that long-term brain injuries might have on the public at large. Representative Rick Catlin said that his life had been saved by wearing a helmet and it worried him that the mandatory safety helmet law was now under attack.

North Carolina Couple Victims In Deadly Charter Bus Accident :: Workers’ Compensation Law Firm in Charlotte, NC

April 11, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

A terrible charter bus accident in Virginia left one person dead and multiple people injured, including a couple from North Carolina. Authorities in Norfolk, VA say that the woman, Theresa Watson, is improving after suffering serious injuries. A spokesperson with the Norfolk General Hospital have said that Watson has now been upgraded to fair condition after initially being classified as in critical condition.

Tragically for Watson, her husband, Doval Emmanuel Watson, was killed after being ejected from the bus. The couple, from Chapel Hill, was on the bus to go on a college tour at Hampton University.

Police have said that the accident occurred when the driver lost control and the bus ran off the road and overturned in a ditch. Police have charged the 62-year-old driver, Larry Brocks, with reckless driving. The bus was owned and operated by a Washington-based company, Horizon Coach Lines.
Sadly, fatal charter bus accidents are not uncommon occurrences. Instead, accidents involving such large buses are frequently deadly because of the number of passengers onboard and secondly, because they do not have the safety features of passenger vehicles. Charter buses almost never have things like airbags and seatbelts, features that are standard on even the most basic passenger cars. This means that passengers are unprotected in the event of a crash and can be thrown from their seats, like the man in this case, which can lead to severe injuries, permanent disabilities and even death.

Distracted Driving Leads To Deadly North Carolina Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

April 9, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

Police investigators with the Asheville Police Department have announced that a woman from Candler, NC died and several others were injured due to distracted driving. Specifically, officers say they found three phones, two of which were open, in the car of Donna May, the woman who ultimately died after the three-car wreck.

Police say they are currently in the process of gathering evidence about what May was using the phones for at the time of the deadly accident. A judge from Buncombe County approved a request by the police to download information contained on the phones to help piece the events of that morning together.

So far, investigators say they know that May was driving east on I-40 in her Ford Thunderbird headed towards the exit ramp for I-26 a little after nine in the morning when she slammed into the back of a Land Rover. May was driving quickly in very congested, morning rush hour traffic and, given her distraction, did not see that the exit ramp was backed up. She then drove directly into the Land Rover, hitting it hard enough to push it into a Ford van. May was taken to a local hospital where she later died from her injuries. Two passengers in the Land Rover were also hospitalized, but have since been released after receiving treatment.

The dangers of distracted driving are clear and law enforcement officials have taken pains to remind drivers about how using cellphones while driving can greatly increase your risk of being involved in an accident. Every single day distracted driving is thought to contribute to 8,000 car accidents. AAA says that those drivers using cellphones while behind the wheel quadruple their risk of being in an accident.

Flour Dust Leads To Terrible North Carolina Workplace Explosion :: Workers’ Compensation Law Firm in Charlotte, NC

April 4, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “I have been injured on another person’s property. What should I do now?”

The Federal Occupational Safety and Health Administration has issued a statement regarding the tragic explosion at a Statesville, NC flour mill that took place over the weekend. One worker at the Bartlett Milling Company was seriously injured when the explosion led to a fire and eventually to a wall collapse at the mill. Though the accident is already tragic, the statement from OSHA reveals that the accident was entirely preventable.

The accident happened as two maintenance employees were repairing a piece of equipment in the basement of the mill. One of the two workers turned the power back on which caused a spark and a flash fire. A second man who was also in the basement at the time was injured in the explosion. Thankfully, a coworker was able to get the man out of the building safely. The worker was then taken by helicopter to a local hospital for treatment.

OSHA has said that a preliminary investigation found that an unacceptable level of accumulated combustible flour dust is likely the cause of the terrible explosion. The issue is one that is easily prevented with proper cleaning and maintenance and should never have been allowed to develop into as big as a problem as was present in the Statesville incident.

Throughout the country, there have been 115 reported flour dust explosions between 1994 and 2003, according to the most recent numbers available, most of them happening in grain elevators. Surprising to many people is that flour dust that is suspended in air is more explosive than coal dust. Ever since the a terrible flour mill explosion in Minneapolis took place in 1878 and killed 18 workers, the milling industry has tried to reduce the risk of flour particles igniting into flour bombs. In fact, General Mills’ factories use explosion-proof motors for added protection.

First Ever Report Of Texting While Flying Fatality :: Personal Injury Attorneys and Lawyers in Charlotte, NC

April 1, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

In a horrifying bit of news, a pilot in Missouri was found to be the first to have been involved in a texting while flying related crash. An investigation recently conducted by the U.S. National Transportation Safety Board (NTSB) found that texting by a pilot before and during a medical helicopter flight led to the ensuing accident.

Investigators with the NTSB said the pilot’s texting started the flight off on the wrong foot when his distraction led him to take off without sufficient fuel. Later in the flight, the helicopter’s engine died as he announced that there was no more fuel in the aircraft. The crash, which occurred on August 26, 2011, killed a patient being transported from one hospital to another.

The accident and its results are being taken seriously enough that the NTSB has issued a formal warning to all pilots about the dangers that distraction from technology can pose to flight safety. The NTSB Chairman said that the issue of distraction is a serious one regardless of the mode of transportation involved.

The investigation surrounding this flight found that the pilot of the helicopter had sent and received at least 240 texts during his shift the day of the accident. Twenty of these text messages were sent and received immediately prior to and during the crash, all to a coworker he was planning to have dinner with.

North Carolina Mechanic Dies In Workplace Accident :: Personal Injury Law Firm in Charlotte, NC

March 28, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “I have been injured on another person’s property. What should I do now?”

A 22-year-old mechanic from Lexington, NC was killed last week after a tractor-trailer fell on top of him while working at JRJ Trucking in Thomasville. According to Davidson County Emergency Services, the accident was reported just before 6 p.m. last Monday.

The worker, Paul Peterson, was pronounced dead at the scene of the accident according to the county’s medical examiner. Peterson was working under the front end of the tractor-trailer when it collapsed on top of him and pinned him. A coworker was nearby when the accident happened and rushed to call 911. Police say that other workers in the facility came to help Peterson but that everything happened so quickly and the truck was so heavy that they were not able to extricate him before emergency crews arrived.

The North Carolina Department of Labor has announced that it is launching an investigation into Peterson’s death and so far does not know exactly what caused the tractor-trailer to fall on top of the young man. Such investigations are standard procedure when there has been a death in a workplace. The DOL will investigate to see if the company, JRJ Trucking, violated any of the state’s occupational safety and health standards and if such violations might have led to Peterson’s tragic accident.

The DOL has said that complete results from the investigation could take between three and four months. Preliminary results show that a jack that was being used to hold up the semi truck gave way. The DOL does not yet know whether the jack that was being used met the required specifications for use with a tractor-trailer.

Chicken Plants In North Carolina Pose Danger To Workers :: Personal Injury Law Firm in Charlotte, NC

March 26, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “I have been injured on another person’s property. What should I do now?”

Chicken processing plants are big business across the southern U.S., especially here in North Carolina where thousands of workers are employed in poultry plants. Though the jobs can be important for some rural communities, the dangers posed by working in the plants can be tremendous.

Just last month a poultry processing plant in Raeford, NC was ordered to pay tens of thousands of dollars in fines for releasing untreated wastewater into the city’s treatment plant. The water contained blood and turkey parts and was sent directly to the treatment plant without any warning. The investigation found that the company ordered employees to handle the potentially harmful waste before it was sent out into the town’s water supply.

The news of the North Carolina incident, which jeopardized the health and safety of plant workers, mirrors the conclusion of a recent report issued by the Southern Poverty Law Center, called “Unsafe at These Speeds”. The report found that workers in poultry plants are often exposed to dangerous work conditions and suffer injuries at much higher rates than other workers.

The problem the report zeroed in on was that workers at chicken plants are required to work at an unsustainably fast pace. The grueling workload puts workers at risk for injuries and also exposes them to harmful and even toxic substances. Given the cold temperatures in the plants and the repetitive work, muscle pain, carpal tunnel syndrome, back and shoulder problems are all very common. In fact, the risk is so high that the study found that workers at chicken plants are almost 2.5 times more likely to have severe carpal tunnel than non-poultry industry workers.

Supreme Court Strikes Down North Carolina’s Medicaid Reimbursement Law :: Personal Injury Law Firm in Charlotte, NC

March 23, 2013 | AS Personal Injury Lawyers

A recent Supreme Court decision concerning a disabled North Carolina girl was recently handed down. The case, North Carolina Department of Health and Human Services v. E.M.A., resulted in a 6-3 ruling that struck down a law allowing North Carolina officials to seize one-third of medical malpractice settlements won by Medicaid patients. The ruling affects not only North Carolina, but also other states that also use similar rules to reclaim portions of individual medical malpractice awards.

The Court wrote that federal Medicaid law prevents states like North Carolina from claiming such a large share of med mal awards. The purpose of the claim in the first place is to allow states to reimburse themselves for Medicaid money they spent on individuals who later went on to collect sizable sums. The Supreme Court decided that the amount contained in the North Carolina law was unreasonable and arbitrary. Justice Anthony Kennedy, writing for the majority, said that North Carolina law acts as a one-size fits all approach and does not take into account individual circumstances.

In the case of the North Carolina family, which we previously discussed here, it means that they will be able to keep more of the $2.8 million awarded to Emily Armstrong in a recent medical malpractice case. Emily, who is only 13-years-old, was born with serious disabilities and requires constant care. The girl was diagnosed with cerebral palsy soon after her birth and is blind, deaf and mentally handicapped. The family sued her obstetrician, claiming that his history of drug abuse led to mistakes during the birthing process. The case was settled for millions which set in motion the recent Supreme Court case.

North Carolina officials caught wind of the big settlement and went after the Armstrongs for a cut of the money. The state said it spent more than $1.9 million in Medicaid funds paying for Emily’s medical care and that it should be allowed to try and recoup some of that money. The state then put a lien on $933,333.33, exactly one-third of the settlement.