Charlotte Injury Lawyers Blog

Charlotte North Carolina Personal Injury Lawyers :: North Carolina Insurance Companies Use Software to Underpay Claims?

August 9, 2012 | AS Personal Injury Lawyers

A recent report by the Consumer Federation of America says that some insurance companies are using claims software that allows them to manipulate payments, thereby paying consumers less than they deserve after an accident.

The report found that popular injury evaluation software used by many insurance companies comes with provisions that allow the insurers to lowball consumers. These software programs include the CSC Colossus package which allows insurers to manipulate claims payments. The software can be used to reclassify injuries as less serious when compared to the diagnosis of a doctor.

Over the past 15 years, many insurance companies in the United States have implemented such software to streamline claims processing procedures. However, as this Consumer Federation indicates, the new software may be used for more than just improving efficiency. The report says that the claims processing software has allowed many insurance companies to increase profits by providing unfairly low offers to consumers. Insurers were able to adjust Colossus to produce virtually any claims’ payment reduction they wanted, whether or not it was warranted. One executive said that Colossus could be “tuned” to achieve a particular level of savings, such as 15 percent, for all claims.

Auto accident victims in North Carolina should be especially concerned because so many insurers use the CSC Colossus system. The report estimates that more than 50% of the 20 largest auto and property insurers in the United States currently use the Colossus system. Even those that do not use Colossus use similar products that are sold by competitors.

Charlotte North Carolina Car Wreck Lawyers :: Terrible Charlotte Interstate Wreck Causes Severe Injuries

August 7, 2012 | AS Personal Injury Lawyers

In a tragic story that highlights the dangers that lurk on North Carolina’s roadways, seven people were injured, including two who had to be freed from a crushed car, in a four-vehicle crash earlier this month on southbound Interstate 85 in north Charlotte.

The crash closed the southbound lanes of I-85 for nearly 90 minutes during morning rush hour after the wreck. The wreck happened at almost the exact location as another terrible crash only five days earlier.

A spokesperson for Medic says that seven people were taken to hospitals, including two who suffered life-threatening injuries. Charlotte fire Capt. Mark Basnight said a crew of 35 firefighters spent nearly 45 minutes working to free two injured people from a car that was involved in the wreck. Another car, a smaller Ford, was almost totally flattened against a semi that was part of the multi-car accident.

Apparently a truck that was hauling PVC pipe slammed on his brakes which then lead to the chain reaction collision. An SUV hit the truck which was then hit by the smaller Ford which in turn was smashed by a semi from behind. Finally, a pick-up truck hit the semi from behind.

The week before the chain reaction collision a 47-year-old woman was killed when she was hit from behind by a tractor-trailer. The wreck happened at the same exit off of I-75. According to the state’s highway patrol, traffic slowed suddenly but the driver of the semi failed to notice the rapid slow down, plowing into the back of the SUV and killing the driver.

Charlotte North Carolina Car Accident Attorneys :: During Hectic Summer Months Watch for the Danger of Passenger Vans in North Carolina

August 2, 2012 | AS Personal Injury Lawyers

Passenger vans are common sights on roadways across North Carolina during busy summer months. College groups, church youth groups, camps and others keep the vehicles full crisscrossing the state’s highways. The National Highway Traffic Safety Agency recently urged the users of such 15-passenger vans to take certain steps to keep drivers and passengers safe as the vehicles hold a special danger if not operated properly.

These larger passenger vans handle very differently from smaller passenger vehicles because they are typically longer, higher, wider, and heavier. They require trained drivers who are comfortable and experienced with the unique driving challenges associated with larger vehicles. Some of these differences include a greater reliance on side mirrors and the difficult job of changing lanes and longer braking distances. Passenger vans also have a higher risk of crashes and rollovers if they are not properly operated.

These vans are especially sensitive to improper loading which is why the NHTSA warns that drivers should never overload the vans. Users should make sure that the tires are inflated and have been inspected before every trip.

The NHTSA provided the following list of tips if you’re planning a trip using such a passenger van in the near future:

• Owners should make sure that drivers are properly licensed, well trained, and experienced in operating passenger vans.

• Drivers should be well rested. Fatigue can affect driving and response times.

• Vehicle weight should never exceed the Gross Vehicle Weight Rating.

• Drivers should inspect the vehicle before every trip. Tires should be properly inflated and should not show signs of wear or damage.

• Passengers should be warned not to stand up or move about the vehicle while the van is in motion.

Charlotte North Carolina Motorcycle Accident Lawyers :: Terrible Charlotte Motorcycle Accident Raises Awareness of Danger

July 31, 2012 | AS Personal Injury Lawyers

One of the most important ways to reduce motorcycle accidents is to be more aware of all the traffic surrounding your car. Something so small as paying more careful attention could save a biker’s life. One such tragic accident took place this weekend which left a Charlotte mother and daughter in critical condition after a motorcycle crash on I-485.

The incident occurred this past Saturday afternoon near the Beatties Ford Road exit. According to North Carolina Highway patrol, Karen Borders was driving the bike with her 13-year-old daughter when one of the tires blew. The blowout caused them to lose control, skidding and rolling across a busy stretch of interstate. Both women are reported as having life threatening injuries.

Hearing about accidents like this make riding a motorcycle seem like one of the most dangerous things anyone could do. There are way too many things that can go wrong when riding, and the fact is that it is bikers are prone to more serious injuries, because they are so exposed and lack any real protection.

If you are a motorcyclist who is going to carry a passenger on your bike, consider the following safety tips from the Motorcycle Safety Foundation:

• If you decide to carry a child, make sure the child is mature enough to handle the responsibilities, can reach the footrests, wears a helmet and other protective gear, and holds onto you or the passenger hand-holds.

• Instruct your passenger to limit movement and talking.

• Remember that the extra weight from carrying a passenger can affect braking procedures, starting from a stop, and riding through a corner.

• Exercise caution in quick stops, as a passenger can move forward and bump your helmet with theirs.

• Passing will require more time and space.

• The effects of the wind will be more distinct.

• The passenger should not make any sudden movements or turns.

Doubt Remains Whether Siri Can Reduce Distraction for North Carolina Drivers

July 19, 2012 | AS Personal Injury Lawyers

By now many of us have either heard of or had the opportunity to experience firsthand Apple’s helpful gadget dubbed “Siri.” The technology company recently had a major announcement about everyone’s favorite robot assistant, but it had nothing to do with the iPhone.

The company instead said that Siri would shortly be coming to a steering wheel near you. Several car companies have signed on to implement the new “Eye’s Free” feature in their vehicles. These companies include several of the big boys: BMW, General Motors, Toyota, Mercedes-Benz, Honda, and Audi. The carmakers will allow drivers to integrate Siri with their car’s electronic systems and thus be able to access Siri through a steering wheel-mounted button.

Given this integration, it seems likely that such devices will also allow people to sync other features of their Apple products with their vehicles. This could include music, calling features, maps, text messaging and email, all with the helpful, voice-activated assistance of Siri.

Some believe such a system would be welcome to drivers who grow tired of having to manually enter in their destinations in the GPS. By making use of Siri’s natural language voice control system, drivers will supposedly be better able to keep their hands on the wheel and their minds on the task at hand, thus limiting the dangers associated with distracted driving.

Apple never got around to mentioning what, if any, restrictions would placed on Siri’s use in the car. Currently, Siri can be used to read and send text messages, get directions, find restaurants and movies, play music, get weather reports, answer random questions as well as a multitude of other tasks. This plethora of entertaining possibilities could become a liability rather than a benefit to drivers as the door becomes open to even more distractions.

Number of ATV accidents in North Carolina Increase Over Summer Months

July 17, 2012 | AS Personal Injury Lawyers

The U.S. Consumer Product Safety Commission (CPSC) recently announced that the number of people who die or are injured using ATVs each year is on the rise. The federal agency is asking that riders stay vigilant and be safe while out on the trails this summer.

The summer is a notoriously dangerous time for ATV riders and statistics show death and injury rates skyrocket as temperatures rise. On average, from 2004 to 2006, the deaths of children younger than 16 rose a shocking 65% from March to April. Adult deaths rose 85% over the same period. The peak of ATV-related injuries occurs in July and the CPSC is trying to put the word out early that drivers must stay aware of their surroundings and practice safe ATV driving habits to avoid a similar rise this summer.

On average, each year from 2004 to 2010, there were nearly 700 ATV-related fatalities. Each year also saw close to 136,000 injuries that required emergency room visits. Though these thankfully did not result in death, many such injuries can be life altering.

This year alone the CPSC says that it has received reports of some 130 adults and 28 children under the age of 16 who have died in ATV-related incidents across the country. The busy summer holiday season sees a huge increase in the number of accidents and this year is off to a bad start with the Memorial Day holiday weekend alone accounting for the deaths of 14 adults and 3 children. The government is urging caution while out on the trails as the July 4th holiday weekend is coming up.

Most of the deaths and injuries occur when an inexperienced driver loses control of an ATV, is thrown from an ATV, overturns the vehicle, or collides with a fixed object. Those drivers with more than on year of experience operating an ATV have dramatically lower risk of injury and death than brand new drivers. Practice really does help in the case of ATV accidents as drivers develop comfort behind the wheel and experience with how to properly operate the device. Off-road driving is very different than cruising down the street and, as such, it requires special training to understand how to best operate an ATV.

North Carolina Dog Bite Injury Claims Add Up To Big Money

July 12, 2012 | AS Personal Injury Lawyers

While dog bites may not grab major newspaper headlines very often, it doesn’t mean they aren’t important to the victims and those insuring the victims. Animals still attack people, and the elderly and young children often serve as the primary victims of such attacks.

According to the CDC, every year there are roughly 4.7 million people who are bitten by dogs. Approximately 800,000 of those dog bites lead to a person seeking medical attention. Most shocking, about 16 people who are bitten by dogs also end up dying each year.

According to recent national data, it appears that dog bites are on the rise. State Farm Insurance paid out a total of $109 million for around 3,800 dog bite claims in 2011. In 2010 the total payout was $90 million for about 3,500 claims. Additionally, the Insurance Information Institute reports higher payouts with an estimation that insurance companies paid out a total of $479 million in 2011 alone. That represents a pretty substantial rise from 2010, when $413 million was paid out due to dog bite claims.

Children between the ages of 5 and 9 are the most vulnerable for such attacks. The second most vulnerable group is the elderly. The third group with the best chance of being attacked by a dog is, perhaps unsurprisingly, mail carriers. Though mailmen may seem very likely to be bitten by a dog, given the image seen on TV and in movies, the fact is that young children are some 900 times more likely to be bitten than a mailman.

When it comes to promoting dog safety for children, the ASPCA says that children should make sure to never do the following things:

• Stare into a dog’s eyes;
• Go up to a chained dog;
• Tease a dog;
• Touch a dog that is sleeping;
• Try to play with a dog that is eating;
• Run or scream if a stray dog comes up.

Workplace Injuries and Regular OSHA Inspections

July 10, 2012 | AS Personal Injury Lawyers

The presence of inspectors from the Occupational Safety and Health Administration (OSHA) at a company’s door is usually the cause for concern for employers. A new study out of Harvard Business School finds that this probably shouldn’t be the case. The data suggests that regular inspections by OSHA actually help employers reduce their workers’ compensation claims and actually add money to the company’s profits. This is great news for North Carolina workers as many preventable workplace injuries occur everyday.

The research was co-authored by professors from Harvard Business School and the UC-Berkeley School of Business. The researchers started their study by examining workplace safety inspections that were conducted by the California branch of the OSHA, and focused on the impact of these inspections on workers’ compensation claims and costs.

The study, Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, found that when OSHA conducted safety inspections, it actually reduced the number of injuries that occurred in the workplace, helping employees and, in the long run, employers. This is because a reduced number of injured workers result in a reduced cost to employers for time spent out of work and the expenses associated with workers’ compensation claims.

The study also showed that there was no detectable harm to the company’s profits as a result of any of the OSHA inspections. On the contrary, the researchers say that frequent inspections by OSHA actually help boost a company’s coffers, because the company consistently spends less on workers’ comp claims.

The study showed that certain high-risk industries that had the highest number of injuries were the ones that benefited most from frequent inspections. Workplaces that were placed under regular inspection by OSHA were able to reduce their workers’ compensation claims by a surprising 39.4%. These same high-risk companies were also able to save 26% on their workers’ comp costs over the span of the four-year study. On average, researchers found that companies that had been through the regular inspection process were able to save as much as $355,000.

Car Wreck Caused by Texting While Driving

June 21, 2012 | AS Personal Injury Lawyers

According a recent article on Law.com, a recent New Jersey case dealt with the interesting issue of liability for an accident caused by texting. This might not sound so novel, but what makes this case different than others is that the person who was texting the driver was also sued for damages.

The accident happened in 2009 when a teen boy was driving home from work while texting his girlfriend. His car crossed the centerline and he crashed into two motorcyclists. The husband and wife he hit both lost parts of their legs in the horrible crash. The teen admitted that he was distracted by his phone and pled guilty in his criminal case to using a cell phone improperly and to careless driving. He is now on probation and required to educate other teens about the dangers of texting and driving. A civil case is currently pending against him.

Though New Jersey currently has a law against texting and driving, making the driver guilty, the attorney representing the victims tried to take it a step further. On behalf of his clients, the attorney filed a lawsuit against the teen’s girlfriend who had been texting him while he was driving. The attorney’s argument was that the girlfriend knew the teen was driving, so she knowingly distracted him with texting while he was behind the wheel, thereby helping to cause the car accident.

The lawsuit attempted to charge the teen girl with aiding an abetting. She was the one who started the text messaging exchange and she testified that she may have known he was in the car at the time, the victim’s attorney said she was partially at fault.

Is Spray on Tanning Unsafe Too?

June 19, 2012 | AS Personal Injury Lawyers

Some experts interviewed by the staff at Good Morning America are now saying that the active chemical used in spray tans, dihydroxyacetone (DHA), could potentially cause serious health issues for users.

Originally approved by the FDA back in 1977 for “external” use, DHA was previously used as a topical lotion that became unpopular due to its blotchy orange appearance. In recent times, spray applications that utilize DHA have enabled the chemical to maintain a more even and all around appearance. These changes in the method used for administering DHA have led to a resurgence in the chemical’s popularity. The problem that has arisen regarding its safety is due to the new mist-like application process for spraying on tans using DHA.
When the FDA first approved use of the chemical back in the 1970s, it never imagined that DHA would be applied across the entire body with a misty spray. The FDA now says that DHA should never be inhaled or ingested, something far more likely to happen given the new application method.

Most people are unaware of the potential health risks associated with the chemical and most spray tanning sessions happen in small, confined spaces all while being totally consumed by the mist. The vast majority of tanning salons fail to properly educate their patrons before tanning sessions so many users fail to properly protect their eyes, nose and mouth from the harmful chemical.

The Food and Drug Administration has revised what it says about DHA and now tells consumers “the use of DHA in ‘tanning’ booths as an all-over spray has not been approved by the FDA, since safety data to support this use has not been submitted to the agency for review and evaluation.”