Charlotte Injury Lawyers Blog

Workers’ Compensation not Available Thousands of Injured North Carolina Workers

March 29, 2012 | AS Personal Injury Lawyers

A report by the Charlotte Observer has noted a disturbing trend in North Carolina: employers who do not have workers’ compensation insurance and who are leaving their employees out to dry after serious injuries. This trend is not only obviously hurting the employees who have no compensation after being injured on the job, but it is also forcing employers to close their doors due to the demand of lawsuits.

The state Industrial Commission is the agency responsible for ensuring that employers obtain and maintain workers’ compensation insurance as required by the law of the state of North Carolina. However, it only gets involved after an employee has been injured and then is left with no income and increasingly expensive medical costs. According to the Charlotte Observer, the Industrial Commission does not try to determine which businesses have failed to purchase workers’ compensation insurance and which businesses have allowed their workers’ compensation coverage to lapse.

Under North Carolina law, businesses that have more than three employees are required to purchase workers’ compensation insurance. The businesses, however, are only required to tell the Industrial Commission that they are insured. Besides a simple notification, there is no enforcement, no way of making sure that businesses have actually purchased the required workers’ compensation insurance.

While recently, the North Carolina General Assembly has attempted to reform the state workers’ compensation law, making it more affordable for employers, the revisions and amendments to the law failed to address what happens when employers do not purchase workers’ compensation insurance. Other lobby groups, such as the North Carolina Homebuilders Association, have begun pushing for stricter enforcement of the insurance requirement and punishment for those businesses that do not comply. The branch of the Industrial Commission charged with dealing with those businesses that do not have workers’ compensation insurance only focus on collecting the necessary money from the business rather than punishing the business for its violation of the law.

Deadly Accident at Charlotte Motor Speedway, May Involve Wrongful Death Lawyer in North Carolina

March 27, 2012 | AS Personal Injury Lawyers

The Charlotte Observer recently reported on the tragic accident at Charlotte Motor Speedway that resulted in the deaths of two people. The accident happened on Saturday, March 31, 2012 at the end of Vietnam Veterans’ Homecoming Celebration. At the end of the event, thousands of motorcyclists were supposed to slowly process out of Charlotte Motor Speedway. Some of the riders, however, did not leave and that is when things turned tragic.

About thirty minutes after the celebration ended, several of the riders continued doing laps around the track. Some of them were going in opposite directions. Then, in an instant, two motorcycles crashed into one another. Two veterans were rushed to the hospital. Sometime later, Alan Mockus and Thomas Hollingsworth died from their injuries. Mockus’s wife, Debra, who was his passenger at the time of the accident, is in critical condition at Carolinas Medical Center.

The Concord Police had officers at the track at the time of the incident but they have not provided much information. Officials at the motor speedway are also being fairly tight-lipped, aside from the vice-president of communications, Scott Cooper, releasing a statement that the speedway is participating in the investigation and “cooperating fully” with the Concord Police Department. In that statement, Cooper also indicated that there were safety measures and procedures in place, seemingly denying any potential liability for the accident.

One of the coordinators for the event explained that the riders were informed of the rules of celebration. They were supposed to only go 35 miles per hour and they were not to go onto the actual track, but they were to stay on the apron, just below the track. The coordinator said that the victims did not follow the rules and that is why they were injured and eventually died. “It is extremely unfortunate that these individuals could not abide by guidelines set for their own safety.” The motorcyclists took a lot of unnecessary risks and suffered the consequences of failing to abide by the safety guidelines.

Poop Pours Onto North Carolina Highway

March 22, 2012 | AS Personal Injury Lawyers

Drivers on Interstate 70 in eastern North Carolina were not prepared for what they were going to endure on that early morning drive Monday morning. As drivers were on their morning commute, they were accompanied by a truck carrying an unlikely substance. None of the drivers knew what the unsuspecting truck was carrying until something malfunctioned and the contents of the truck ended up splattered on the road in front of them.

WCNC.com reported that the truck was carrying human waste from a sewage plant to be used as fertilizer. Something went wrong and the truck opened up while the driver was on the interstate. The waste came pouring out of the truck onto the highway. One lane was blocked and about 300 feet of waste spilled out on the road. While no injuries were reported, at least two cars ended up sliding around in the mess before the lane was closed off to further traffic.

Charlotte, North Carolina Worker Injured, May Need Workers’ Compensation Lawyer

March 20, 2012 | AS Personal Injury Lawyers

According to a recent report by MSNBC, Charlotte firefighters were called to the Barnhardt Manufacturing Company early Monday morning because one of the company’s employees was involved in a serious accident. When the firefighters rushed into the plant, they found one of the workers with his entire arm caught inside one of the processing machines. According to Captain Mark Basnight, it took nearly 30 minutes to free the worker’s arm from the machine. It was an extremely tedious procedure. The firefighters had to take their time to make sure that they did not do any further damage to the man’s arm trapped inside of the machine.

After being freed from the machine, medics rushed him to Carolinas Medical Center. He suffered significant life-threatening injuries and the doctors had to amputate the man’s arm. It is likely that he will have to have more cosmetic surgery in the future and even more if he is planning on using a prosthetic arm.

The Barnhardt Manufacturing Company processes cotton and other fabrics. According to its website, the company bleaches and purifies cotton to be used by other manufacturers. NewChannel 36 tried to reach the company for comment, but they have not been successful. That the company would not respond to requests for comment is not surprising given that during the past 10 years OSHA investigators have been to the plant seven times.

In addition to the visits from OSHA, the plant has been cited 35 times for violations. It is possible that OSHA violations were to blame for the serious accident, but the investigation is not complete. OSHA, which stands for the Occupational Safety and Health Administration, is the federal agency that enforces that Occupational Safety and Health Act of 1970. That law requires that employers provide workers with a safe and healthy working environment. If an employee believes that his or her work place is not safe, that employee is entitled to file a confidential complaint with OSHA, and eventually entitled to judicial review of a final decision of OSHA.

Dangerous Crosswalk a Source of Concern to Charlotte Parents

March 15, 2012 | AS Personal Injury Lawyers

According to a recent report by Fox Charlotte, there have been two teens hit by cars while walking home from a local high school in little more than a week. The accidents took place at one of the most dangerous intersections in the city and it has become a source of some concern for many of the residents of that area and the parents of the children who have to cross it.

The crosswalk is at the intersection of Matthews-Mint Hill Road and Swain Drive. A 15-year-old boy sustained minor injuries after he was struck by a car while walking along Matthew-Mint Hill Road. According to the parents of students at Butler High School, the intersection presents several dangers.

One of the students, Eddie Hudima, told Fox Charlotte that he knew of a lot of accidents at that intersection. Humida’s parents did not know that there have been several accidents along that intersection and when Fox Charlotte told them about a young student being hit by a car there, they were very concerned. Humida crosses that intersection every day after he comes from Junior ROTC practice after school.

Residents of the area have noted that there are several problems with that intersection. One of the problems is that the intersection does not have a crosswalk sign or a warning sign for the students that cross the street. Another problem is that there is a “No U-Turn” sign that the majority of drivers ignore, which increases the risk of an accident. Residents believe that a stop light at that intersection will significantly decrease the chances of having an accident with a pedestrian.

Charlotte Addresses Pressing Sidewalk Issues

March 13, 2012 | AS Personal Injury Lawyers

WBTV reports that the Charlotte City Council voted on Monday, March 26, 2012, to find some money in the city budget to fix some of the troubling city’s sidewalk problems. One of the city’s major reconstruction projects came in significantly under budget, so there are several million dollars available to fix some of the other problems in the city.

There are four sidewalk locations in the city that are a priority for the city. The first is a portion of West Tyvola Road. Two young boys were killed after they were hit by a delivery truck driver at that location walking with their father. One day after the fatal accident, the boys’ father pleaded with the city to add sidewalks to that street to make it safer for pedestrians.

In East Charlotte, the neighbors pleaded for more sidewalks after 17-year-old Brittany Palmer was killed after being struck by a car while she was standing in front of her high school. The section of the road at that location at East Sugar Creek Road is the first priority for the city council.

There are two other locations that are due to receive some much-needed sidewalks: Caramel Road between Colony and Sharon View and Nevi Road, near Lake Drive. The lack of sidewalks at these locations forces pedestrians to walk in the street, which forces drivers to be particularly cautious. Many times drivers are too distracted and do not pay attention to their surroundings.

The addition of sidewalks is not always met with such enthusiasm. Some residents have actually complained about losing trees in their neighborhood or having their property damaged by the addition of the concrete. However, the city is going to move forward in its attempts to make pedestrians safer.

North Carolina-based Bus Company Faces Significant Lawsuit over Injuries

March 6, 2012 | AS Personal Injury Lawyers

North Carolina-based Sky Express is now facing a $500,000 lawsuit after one of its passengers was injured in a crash. The bus crashed in Caroline County, Virginia, and that is where the passenger, Shirley M. Dai, filed her complaint. In addition to Sky Express, Dai also named the driver, Kin Yiu Cheung, and Ivy Media Corp., doing business as GotoBus.com.

GotoBus.com was the site where Dai purchased an overnight bus ticket from Greensboro, North Carolina to New York. The complaint explains that Dai suffered serve physical and emotional injuries. It also alleges that 50 people were injured in the crash and four people died.

Apparently, Cheung fell asleep at the wheel while driving, which caused the crash. Cheung and several other individuals are facing criminal charges in connection with the four deaths from the crash. The complaint alleges that the North Carolina company, Sky Express, failed to provide Cheung with adequate resting time for the overnight trip and thus were negligent. A dispatcher in North Carolina told Cheung that even though he was too tired to drive the bus, he had to make the overnight trip. Sky Express released a statement indicating that the civil matters would be handled by the company’s insurance agency.

GotoBus.com denies any wrongdoing, releasing a statement expressing its condolences to the families of the victims, but saying that it was is no way affiliated with Sky Express and sold tickets for several bus companies. The complaint alleges that the two companies operated as a joint enterprise, thereby making both companies liable for the injuries.

Charlotte Construction Company Faces Lawsuit in Tennessee Sewage Plant Accident

March 1, 2012 | AS Personal Injury Lawyers

According to a recent report by the Charlotte Observer, a Charlotte construction company is now facing a lawsuit in connection with the deaths of two employees at a Tennessee wastewater facility. The accident happened back in April of 2011. Two employees of the Veolia Water North America plant, John Eslinger and Don Storey were killed when the wall of the equalization basin suddenly collapsed against the pressure of heavy rain. The wall fell onto the top of the building that Eslinger and Storey were in at the time. According to plant officials, Eslinger and Storey were in the process of making adjustments to valves to deal with the heavy downpour that had recently happened.

Eslinger and Storey’s families have filed two wrongful death complaints in the Sevier County Circuit Court in Sevierville, Tennessee, naming as defendants the City of Gatlinburg, Vaugh and Melton Consulting Engineers, Middlesboro, KY, Carpenter Wright Engineers, with offices in Knoxville and Nashville, TN, and Crowder Construction Company of Charlotte, NC.

The equalization basin was actually built by Crowder Construction. The suit is alleging that the both the design and the construction of the basis were defective. A state inspection in October revealed that there were not safety violations at the plant and the lawsuit is not alleging that there was negligence on the part of the plant itself. Instead the suit is claiming that the engineers who built the basin and the construction who fabricated the basin did so in a manner that was defective. The suit also claims that the wall should have been modified because it was deficient, but it was not. After the original wall of the basin was completed in 1996, it failed under stress in 1997. Subsequent to that failure, a portion of the basin wall had to be rebuilt, which was a contributing factor to the failure in 2011. The suits seek $17 million in damages each.

Another man was killed at the plant while working on the demolition of the deficient wall. Michael Wells was killed when he was hit from behind by a chunk of rock or dirt that fell from an earthen wall behind him. The Eslinger and Storey suits were filed just one day after Wells died.

Charlotte Fatal Truck Accident Caused by Delivery Driver

February 23, 2012 | AS Personal Injury Lawyers

WBTV recently reported that two young children were killed after being struck by a Sears delivery truck in a fatal trucking accident in Charlotte, North Carolina. On Wednesday, February 22, 2012, police responded to the intersection of Shady Lane and West Tyvola Road after a harrowing accident. Two brother, Jeremy Brewton, 1, and Kadrien Pendergrass, 5, died from injuries they suffered after a Sears delivery truck barreled through the intersection. The delivery truck driver, Dirk Jerome Brown, has been arrested and charged criminally for the incident.

The children were walking with their father, who also had his infant daughter with him. He and his children were walking near the edge of the street, with the father pushing one stroller and Pendergrass, the 5-year-old, pushing the other stroller. The driver was trying to turn right onto West Tyvola Road when he hit the two boys and their father. The young boys were rushed to Carolinas Medical Center, but they were pronounced dead at the hospital. Thankfully, the father and his infant daughter were not hurt in the accident.

Sears released the following statement through its spokesperson, Kimberly Freely: “Our thoughts and prayers are with the family of these two children… We’ve asked our third party delivery company to fully cooperate with local authorities as they investigate this tragic accident.” Apparently Sears contracts with a third party for all of its delivery services. This may be an important aspect should the family of these young boys decide to pursue a civil action against the major corporation for their deaths.

This accident will definitely raise liability issues for the third party delivery company because Brown, the delivery driver, was an employee of the company. Under the doctrine of respondeat superior, an employer can be held vicariously liable for the negligence of its employees if: (1) the employee’s actions were authorized by the employer; (2) the employee’s actions were committed within the scope of and in furtherance of the employer’s business; or (3) the employee’s actions were later ratified by the employer. It is likely that Brown was on his way to a delivery or coming from a delivery when struck the two young boys, which would make it very possible that he was acting within the scope of his employment with the delivery company. As such, the delivery company may be vicariously liable for the wrongful death of the two brothers.

Several Car Accidents in Charlotte Area Due to Bad Weather

February 21, 2012 | AS Personal Injury Lawyers

Drivers should have been cautious after winter weather hit the Charlotte area over the holiday weekend. Things, however, do not always go as planned. As drivers began their morning commute on President’s day, Charlotte-Mecklenburg Police were called to several car accidents due to the treacherous road conditions. The winter weather left behind patches of ice on the interstates, which proved to be difficult for Charlotte drivers.

There were four major accidents reported to the police in the Charlotte area, with two of those accidents being on major interstates. Just after 7 a.m. on Monday morning, police responded to the scene of an accident on I-85 where a vehicle flipped over several times. Road crews spent most of the morning clearing the accident scene to try and spare the rest of the morning commuters a traffic standstill. Snow began to fall late Sunday night and as temperatures continued to drop, the moisture on the roads began to transform into ice.

These kinds of road conditions require that drivers be extremely cautious. The best advice for driving in the snow and ice is not to drive at all. You are safer at home than you are driving on an icy road.

However, if you must go out there are several things that you can do to make sure that you reach your destination safely. First, decrease your speed and give yourself plenty of room to stop. This also means that you may have to leave home a little earlier to make sure that you make it in a timely manner. Second, apply pressure to the brake gently to prevent the car from skidding. If you feel the car begin to skid at any time, release the brake. Third, make sure that you keep your headlights on and your windshield clean so that you have the maximum visibility. Fourth, do not attempt to pass snowplows or sanding trucks. Doing so will drastically decrease the visibility, which is the last thing you want to happens when the roads are dangerous. If you want more tips on how to drive in snow and ice, consult the Weather Channel’s website.