Charlotte Injury Lawyers Blog

North Carolina General Assembly Files Bill to Compensate Eugenics Victims

May 10, 2012 | AS Personal Injury Lawyers

Earlier this year, we told you about North Carolina’s sterilization victims being approved for compensation if the legislature would pass the appropriate law. Since the posting of that article, the Charlotte Observer has reported that the North Carolina legislature has filed a bill that supports the victims each receiving $50,000 in damages. North Carolina is the first state in the nation to compensate victims of a nation-wide eugenics program designed to strip women and men of their ability to have children if they were found to be mentally ill or deviant.

Legislators on both sides of the aisle are in support of the victims receiving compensation. The bill says the following, “[T]he General Assembly wishes to make restitution for injustices suffered and unreasonable hardships endured by the asexualization or sterilization of individuals at the direction of the state between 1933 and 1974.” Between 1933 and 1974, nearly 8,000 men and women were sterilized without their effective consent.

Not only is the legislature on board, but Governor Purdue has included the eugenics victims’ compensation into her budget proposal. She has included $10 million which will give $50,000 tax free to any victim of sterilization. All claims for the money have to be filed by 2015 and if some of the victims have died, their personal representatives would be entitled to their share.

Deadly Car Crash Raises Questions for Gastonia Police

May 8, 2012 | AS Personal Injury Lawyers

According a recent article on WCNC.com, police in Gastonia, North Carolina are conducting an investigation into a car crash with deadly consequences. It happened in the wee hours of Friday, May 18, 2012 on Beaty Road. The incident began at the intersection of Beacon Hills Drive and the police are still unsure about what caused the car crash.

The driver, Fionjela Knox, and her boyfriend, Justrivius Chambers, were driving a 2011 Chrysler Sebring. After the crash, the car came to rest on the side of the road in the middle of some bushes. Chambers was killed instantly but Knox survived the crash and is now in critical condition at an area hospital.

What is bothering investigators is the extent of the injuries to both crash victims. Doctors disagree on whether all of the injuries were caused by the crash. One doctor believes that the wreck was severe enough to have caused the substantial injuries to both victims, especially the survivor. Another doctor believes that Knox may have sustained injuries before the wreck. A police report, which has still not been finalized, claimed that Knox had been the victim of an aggravated assault shortly before the crash that seriously injured her.

The tow truck driver who was called to haul the crushed car away to a nearby lot said the police were acting very strange and he was told that he was not to touch the car in any way. Obviously the police believe that the car is of some evidentiary value and do not want to take the chance that the tow truck driver will contaminate the evidence.

Some of the neighbors told police that they heard gunshots. Glass was found several hundred yards away from where the car eventually came to rest after the crash. Some speculate that the window had been shot out just prior to the crash. Chambers had been previously convicted of possession of a firearm. Several questions still remain about what happened that night between Chambers and Knox.

Semi-Truck and Freight Train Collide in North Carolina

May 3, 2012 | AS Personal Injury Lawyers

The residents of Long View, North Carolina got a surprise early in the morning when a semi-truck and a freight train collided. A Long View police officer, Raymond Denton, observed a semi-truck stalled on the railroad tracks at 8:00 am on the morning of May 14, 2012. Denton tried to get communications to tell Norfolk Southern, the freight line that operated on that track, to stop the train. Norfolk Southern responded saying that they were not able to stop the train and to inform the semi-truck’s drivers to clear the track immediately.

There was no time to clear the track. Seconds after Norfolk Southern responded, the train smashed into the semi-truck stalled on the track, splitting the tractor-trailer in two. The two parts of the truck ended up on opposite sides of the train tracks. The train was traveling at a relatively slow rate of speed because it was coming through Long View and it is customary for the train to slow down as it traveled through the town.

The damage was not limited to the train and truck. The semi was carrying a chemical called disodium trioxosilicate, a white powdery substance. The chemical can have adverse reactions, but since it had been raining that morning, the rain likely diluted the effect of the chemical. However, HAZMAT crews were on standby to assist with the cleanup. In the end there was no significant impact on the environment.

Fortunately, no one was injured in the crash, but there was significant property damage to both the train and the tractor-trailer. There has been no determination of fault for the accident. If the truck stalled on the tracks due to some negligence on the part of the trucking company, then the trucking company will be responsible for the damage to the truck and the train. If however, a mechanical failure happened that was not the fault of the trucking company or the drivers, then the company will not be liable for the damage.

Legal Problems for Troubled NASCAR driver Jeremy Mayfield

May 1, 2012 | AS Personal Injury Lawyers

A judge in Forsyth County awarded a mail carrier $1 million in damages after she was attacked by NASCAR driver Jeremy Mayfield’s five dogs. Mayfield has been no stranger to legal trouble. He recently had had his home auctioned after he failed to pay the $3 million debt he owed on the property. He is also facing several criminal charges for drug possession and larceny in three different North Carolina counties. He was recently suspended from NASCAR for failing the organization’s substance abuse policy.

The judge, William Z. Wood, awarded the mail carrier, Mary E. Bolton, $1 million after she filed a lawsuit against Mayfield and his wife Shana Mayfield. The Mayfields failed to answer the plaintiff’s complaint and never bothered to appear in court. Thus, a default judgment was entered against the couple and the judge set the amount of damages.

Bolton’s complaint claims that Mayfield and his wife were negligent when they allowed their dogs to be loose on their property. On the morning of April 21, 2011, Bolton was delivering mail on her normal route. She was delivering a package to the Mayfield residence that was too big to fit into the mailbox on the side of the road, outside of the gate to the Mayfield residence. Bolton proceeded to drive her mail truck into the gate. Posted at the entrance to the gate were “No Trespassing” and “Beware of Dog” signs. She drove past those signs and onto the Mayfield property. It was then that she was attacked by the Mayfields’ dogs. Mayfield heard the attack and quickly came to Bolton’s aid. The dogs were confiscated and later euthanized. Bolton was taken to Catawba Medical Center to be treated for her injuries.

As a result of the attack, Bolton suffers from post-traumatic stress disorder. She also has nerve damage and was forced to miss several months of work. She claimed that she lost nearly $15,000 in wages because of her injuries.

Mayfield told reporters that he offered to pay Bolton’s medical expenses, but her attorney turned down that offer. From the facts as told to the News Herald, it seems that Mayfield may have been able to successfully defend against the lawsuit had he retained a personal injury lawyer, and answered the Complaint. However, because he did not show up to defend against the suit, the court only had the plaintiff’s Complaint as evidence on which to base a judgment and damages.

Work-Related Nursing Home Injuries Explored by North Carolina Research Institute

April 26, 2012 | AS Personal Injury Lawyers

In 2004, the Research Triangle Institute in Durham, North Carolina collected data from nursing home aides and certified nursing assistants regarding their work schedules, training, and overtime. The purpose of the data collection was to determine if there was a link between those variables and increased injuries on the job in nursing homes.

The data was then compiled into a study and analyzed by the United States Centers for Disease Control and Prevention. The study is entitled, “Work-Related Injuries Among Certified Nursing Assistants Working in US Nursing Homes” and it was written by Galina Khatutsky along with three others.

The study found that risk of injury was significantly associated with three factors: (1) mandatory overtime; (2) multiple jobs in the last 5 years; (3) being 30 years old or younger. Those aides who received more training and who were required to work less overtime were less likely to be injured on the job. There was also come connection between the numbers of reported injuries and whether the aides worked in environments where they felt respected. If there was some level of respect for the aides, the aides were less likely to report being injured by the patients in the nursing home.

Most of the injuries suffered by the aides came from patients who were aggressive. Some of the injuries were also associated with having to lift those patients who cannot lift themselves. Most aides, however, reported having access to lifting equipment and being able to use the equipment regularly to assist them in their jobs.

As a result of this study, the researchers are recommending that certified nurse assistants (CNA’s) receive more comprehensive training and more support during the first few months on the job. They also recommend that CNA’s be extensively schooled on how to handle difficult patients as these seem to be the primary cause of the injuries to the workers and also that nursing homes reduce the amount of overtime that the employees are required to work.

Authorities Cracking Down on North Carolina Truckers with Sleep Apnea

April 24, 2012 | AS Personal Injury Lawyers

A recent report by TruckingInfo.com has revealed that the Federal Motor Carrier Safety Administration is recommending that there be increased standards for evaluating whether a driver has sleep apnea. This announcement comes after two advisory panels recommended that the evaluation standards be more aggressive. The panels recommended that if the agency identifies a driver with a body mass index of 35 or more that driver should be sent for a sleep apnea evaluation. The agency has asked for public comment on the proposed regulation.

The panel also recommended that some circumstances immediately disqualify a driver. If a driver falls asleep at the wheel or if the driver is involved in an accident because of fatigue, they will be prevented from driving until they have been evaluated for sleep apnea and are undergoing treatment for the condition.

Evaluation and treatment for such a disorder is especially important for drivers. Sleep apnea is a sleep disorder that is caused by airflow obstruction during sleep. One of the primary symptoms of sleep apnea is fatigue and sleepiness during the day. For those individuals who drive for a living, success on the job depends on being able to remain alert. It is important that those in the transportation industry, such as truckers, are aware of the problem and attempt to reduce injuries to employees and others. According to a professor at Harvard Medical School, a person with sleep apnea is at a 242% greater risk of having a crash while driving than someone who does not suffer from the disorder. Numbers like that are scary and should be taken very seriously indeed.

Charlotte, North Carolina School Bus Accident Sends 12 to the Hospital

April 19, 2012 | AS Personal Injury Lawyers

The presence of school buses should always give drivers pause. It should signal to those who are around that precious cargo is present. No one wishes anyone to be injured, but injuries to children are the most heartbreaking. Anything that can be done to prevent a child from being senseless injured by the carelessness of others should be observed and highlighted.

On Wednesday, May 2, 2012, two school buses carrying busloads of children and one car were involved in an accident that sent several to the hospital. Fox Charlotte reported that around 3:00 p.m. at the corner of Carolina and Edgefield Avenues, a Chrysler sedan and the two school buses collided. Between the two buses and the car, there were 58 people involved in the accident. Twelve people were taken to the hospital and treated for minor injuries.

One of the buses was from the YMCA and the other bus was from the Gaston Boys and Girls Club. Both buses had just picked up the students that participated in their afterschool program. The report does not reveal the cause of the accident or whether any charges are pending against any of the drivers.

Accidents like this are often preventable. As long as everyone on the road is paying attention to those around them, there is no reason why school children should be injured in such accidents. It is possible that some legal liability will come out of this accident. If the driver of the car was negligent, then he or she will be responsible for the injuries to the children and the damage to the buses. If either of the bus drivers were negligent, they too would be responsible for the injuries to the children and the damage to the buses, but it is also possible that their employers may be held liable.

Car Accident with Train in Charlotte, North Carolina

April 17, 2012 | AS Personal Injury Lawyers

According to a recent report by WBTV.com, Charlotte light rail train riders received a shock last week when one of the trains was involved in an accident with a car. On Wednesday, April 25, 2012, all traffic on the rail lines was halted due to the accident. There were no reported fatalities, but six people were taken to the hospital with minor injuries.

The accident happened at the crossing at Remont Road and South Boulevard, at 8:30 p.m. There was a car sitting at the crossing, waiting for the train to completely pass by. All of the safety measures and lights were in working order that evening, or at least no one has reported that there was a malfunction with any of the warning signals. While the car was waiting for the train to pass, a Jeep approached the car and it through the protective arms onto the railroad tracks. As a result, both the lead car and the Jeep were in the train’s way as it was coming down the tracks.

The authorities are being quiet about the cause of the accident. The police are not yet saying whether alcohol was involved in the accident or whether there was some other cause of the accident. The Charlotte Area Transit System (CATS) personnel are talking, however, and a spokesperson, Jason Leier, revealed that three passengers and the engineer were taken to the hospital. The engineer was not injured, but company policy requires that a doctor see the engineer after an accident.

Also, the car that was hit by the train was carrying three people. They were all taken to the hospital as well and treated for minor injuries. As yet there has been no word on when the injured parties will be released from the hospital. If these minor injuries turn into major injuries, the driver of the vehicles that caused the accident may be facing significant legal liability.

Pedestrian Injured and Killed in Crosswalk Automobile Accident

April 12, 2012 | AS Personal Injury Lawyers

Yet again there has been a pedestrian hit by a car and inadequate crosswalks may be to blame. On Monday, April 16, 2012, 13-year-old Jessi Mendoza-Valdez had an unfortunate encounter with a car as he was crossing the street and two days later he died from his injuries. He was trying to cross a busy intersection during rush hour traffic.

Valdez and his parents lived at the Misty Woods Apartment complex. On Monday afternoon, he was trying to cross the Central Avenue from the side of the street where his apartment complex was located to the other side where a small group of stores was located. He successfully made it to the middle of the road onto the median, but when he was trying to make it across the rest of the way he was hit by a car.

The driver of the vehicle immediately stopped to help Valdez and remained on the scene while the police began their investigation. He has been cooperating with the police the investigation. An eyewitness to the accident, Anival Sandoval, had just made it into the store when the accident occurred. Wednesday, Sandoval noted that the same intersection where Valdez was hit has posed a danger in the past because of the lack of crosswalks there.

North Carolina Firefighter Injured in Car Accident

April 10, 2012 | AS Personal Injury Lawyers

In Huntersville, North Carolina, a firefighter is recovering from being injured by a car while doing his job. According to a recent article published on WCNC.com, on Saturday, April 14, 2012, the fireman was getting back into his truck after fighting a fire on Beatties Ford Road. As he was climbing up into his truck he was hit by a car as it passed him. He was thrown off of his truck and hit the road. As a result of the accident, the fireman had abrasions, a concussion, and severe road rash. The fireman was immediately taken to Carolinas Medical Center for medical attention. Soon after being admitted to the hospital, the fireman was released and sent home to recover from his injuries.

A preliminary investigation revealed that the driver of the car did not see the fireman as he was getting up into his truck. The flashing lights from the fire truck obstructed the driver’s view. Like every responsible citizen involved in a car accident, the driver of the vehicle stopped and remained at the scene. The driver cooperated fully with the investigation and will not be facing any charges related to the accident.

Although no criminal charges will be filed against the driver, the driver may still face possible civil liability for his involvement in the accident. The driver was clearly at fault for the accident. Because the lights from the fire truck obstructed the driver’s view, he could have slowed down to ensure that he avoided getting into an accident. The fire truck, which is a clearly marked emergency vehicle, had all of the lights and sounds going so that everyone on the road and in the neighborhood knew that the vehicle was being used for emergency purposes.