Bicycle Safety in North Carolina
Bicycle Safety in North Carolina
Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”
It seems like spring weather is here to stay and we can all get excited for the upcoming summer months. When the sun is out, it seems like everyone has a boost of energy and happiness. More and more time is spent outside, whether that be walking around or riding a bicycle. It is not just local individuals who are spending more and more time soaking up the nice weather. This is also prime time for tourists and visitors to enjoy the sights and all that North Carolina has to offer.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”
The State of Maryland’s first-ever ordained female Episcopal Bishop is in the news over the holidays for all the wrong reasons.Heather Elizabeth Cook is the second-most-powerful officer in the Episcopal Diocese of Maryland. The diocese confirmed on Sunday that Cook was behind the wheel of a Subaru that sustained damage in a “massive impact” with 41-year-old custom bicycle builder Tom Palermo. Palermo was riding a bicycle when Cook’s vehicle collided with him.
Palermo was killed in the accident. Cook initially fled the scene, but returned about twenty minutes later to take responsibility for the accident. The diocese insisted that since Cook returned to the scene, the accident was not a “hit-and-run.”
Lora Peters, a cyclist who encountered Palermo after the crash, said Palermo was still alive when she found him. Peters said Cook may have been able to help Palermo or to call for help if she had remained on the scene. A local biking advocacy group, Bikemore, released a statement alleging that “the driver of the car involved initially fled the scene, leaving Tom to die on the street.”
Cook has not released any public statements about the accident, however the Episcopal Diocese has revealed that she has been suspended from her post because she may be facing criminal charges related to the accident.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” If an incident report was filled out, do I have a right to receive a copy?”
Scenes and outtakes from countless television shows and movies have shown cyclists speeding past people jogging or skating alongside the sands of Southern California beaches. Many of these have featured the twenty-or-so mile paved Marvin Braude Bicycle Path that runs from Pacific Palisades in Los Angeles south to Torrance.
Cyclists may enjoy a relative safety on the seaside paths, but inland things have gotten downright tragic for bicycle riders. California saw 338 cyclists killed in collisions with motor vehicles between 2010 and 2012, according to a report issued Monday by the Governors Highway Safety Association. Florida lagged not far behind Golden State, reporting 329 cyclists killed in collisions with motor vehicles in the same period.
Bicyclist deaths nationwide increased by 16-percent between 2010 and 2012, according to the report, but Florida and California reported the largest increases in deaths.
Allen Williams, a scientist who worked at the Insurance Institute for Highway Safety, compiled the report. He observed what he described as “remarkable changes” in the profile of those killed in crashes involving bicycles and cars. Adult males accounted for 74-percent of bicyclists killed in 2012. In 1975, by comparison, only 21-percent of bicyclists killed were adults of either gender.
Two-thirds of bicyclists killed in 2012 were not wearing helmets, while nearly a third of those killed registered a blood-alcohol content of .08 or more.
Attorney Matthew R. Arnold answering the question: “What if the medical condition improves before the hearing?”
A recent accident in New Jersey involving actor and comedian Tracy Morgan highlights the extreme dangers posed by exhausted drivers. The crash earlier this month left the former 30 Rock star in critical condition and has now led to criminal charges for the driver of the tractor-trailer responsible for the accident.
Police say the chain-reaction crash began when a tractor-trailer driver, Kevin Roper, collided with Morgan’s chauffeured limousine bus. Morgan was heading back home from a comedy show in Delaware with a group of friends at the time. The accident spread out across the interstate and left one member of Morgan’s entourage dead and two others critically injured. Morgan and the others were airlifted to nearby hospitals for treatment and several remain in intensive care even now.
The driver of the truck has been charged with death by auto and also faces four counts of assault by auto related to the crash. The trucker was given a $50,000 bail and has now hired an attorney to fight for his freedom.
Given the seriousness of the crash and the involvement of a commercial motor vehicle, investigators with the National Transportation Safety Board stepped in to examine what may have caused the accident. A recent report issued by the NTSB says that the driver of the rig that slammed into Morgan’s van was speeding at the time of the crash and was likely exhausted from working more than 13 consecutive hours.
Attorney Matthew R. Arnold answering the question: “The insurance adjuster is saying I am partially negligent what does that mean?”
Police in Gaston County, North Carolina say that five people have been injured after a car and an ambulance were involved in a crash. The wreck occurred in the later afternoon and took place on a busy stretch of highway.
According to officers with the North Carolina Highway Patrol, the crash occurred when an ambulance operated by two EMTS was hit by an oncoming car carrying three people. The ambulance was from the Stanley Fire and Rescue and was in the process of responding to an emergency call at the time of the accident.
Emergency responders say that four of those injured in the accident were ultimately transported to CaroMont Regional Medical Center for serious but non-life threatening injuries. The other person was taken to Carolinas Medical Center in Charlotte and is said to have suffered serious harm.
Stunningly, the terrible accident was caught on video thanks to in-cabin cameras located on the newer ambulances operated by Stanley Fire and Rescue. The driver of the ambulance was Roger Arrowood, a part-time employee who survived with relatively minor injuries.
Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”
A North Carolina Senate committed has added language to a piece of legislation that will now require drivers of mopeds to purchase liability insurance before legally operating the vehicles on state roadways. The measure, House Bill 1145, has already been approved by the house, though the new language will need to be agreed to before the bill progresses any further.
The language attached by the Senate says that moped drivers are required to register their vehicles with the North Carolina Division of Motor Vehicles, in addition to purchasing liability coverage. Moped drivers will have until July 1, 2015 to comply with the new regulations.
Under current North Carolina law, mopeds are not among those vehicles that must be registered or insured in the state. Mopeds are also not subject to any property taxes, allowing owners to essentially avoid any fees associated with their use.
The new measure would require moped owners to pay a $15 registration fee as well as demonstrate to the Division of Motor Vehicles that the moped was designed and manufactured specifically for highway use. These requirements mirror those for motorcyclists, something that some legislators believe is necessary to guarantee the safety of all North Carolina motorists.
Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”
Police in Charlotte say that a recent deadly accident likely involved high rates of speed and alcohol. Law enforcement officials say they believe the two risky behaviors combined to cause the death of a four-month-old girl as well as injuries to five other people.
Police officers say that a 21-year-old driver was seriously injured in the accident and is believed to be responsible for the collision. The man, Thabiti Ashim Pierre-Louis, has been charged with felony death by vehicle, reckless driving, possession of marijuana and contributing to the delinquency of a minor.
The wreck happened around three in the afternoon when Pierre-Louis was in his 2000 Nissan Altima heading north along Old Statesville Road. Investigators say they believe that the 21-year-old then tried to pass another car, but eventually lost control and crashed into a telephone pole located near the driver’s door.
The force of the collision resulted in the car being flipped, landing on its roof. Given the position of the car, it’s understandable why the accident resulted in such severe injuries to passengers. The four-month-old child sustained critical injuries and was pronounced dead at the scene of the crash by emergency medical responders.
Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can my employer fire me because I filed a workers’ compensation claim?”
A New Jersey woman is driving workplace discrimination claims in a new direction, claiming that congested roadways on her work commute aggravated her “great anxiety and depression.” The woman, Andrea DeGerolamo, doesn’t blame Gov. Chris Christie for the congestion; instead, she blames her former employer, Fulton Financial Corp., for not letting her change her work schedule to avoid it.
DeGerolamo alleged in the suit that her doctor mandated the change in commuting times after determining that DeGerolamo was clinically depressed and that her condition was “especially aggravated by crowded roadways during the heavy traffic of rush hour.”
Fulton hired DeGerolamo in 2007 as a marketing coordinator. In her suit – premised upon New Jersey’s workplace antidiscrimination act – she alleged that Fulton refused “to enter into an interactive dialogue… aimed at reaching a reasonable accommodation.”
DeGerolamo alleged that she took a medical leave of absence in 2012, but after returning to work she was terminated. She said her termination amounted to discrimination, based on her efforts to “address alleged workplace bias.” She also alleged that Fulton retaliated against her for using the Family Medical Leave Act to take some time off.
In the lawsuit, DeGerolamo sought damages for lost wages and benefits, front pay, medical insurance, punitive damages, emotional distress damages, and attorneys’ fees. Fulton has removed the case to Federal Court, where it is pending in the New Jersey District.
Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I have been injured on another person’s property. What should I do now?”
If Carole King still feels the earth moving under her feet, it may not be Carolina’s own James Taylor. Soon it could be Carolina herself.
With Gov. McCrory’s signature on new legislation, the Tar Heel State took some giant steps towards beginning hydraulic fracturing (“fracking”) – a process of natural gas extraction that uses horizontal drilling and the injection of sand, water and chemicals into shale formations deep underground. Fissures made in the formations by the injections allow natural gas to rise to the surface, where it is captured.
The state legislature has been working on the issue since at least 2010. North Carolina’s 1945 Oil and Gas Conservation Act prohibited horizontal drilling, so legislators had to change the law in order to sanction hydraulic fracturing.
While the state legislature has been moving to the right in recent years, the “fracking” legislation – rife with apparent political and corporate cronyism – leaves little over which Conservatives can crow.
An unelected commission is tasked with “energy modernization,” which means local communities that do not want hydraulic fracturing will be forced to accept it. If a community wants to know how a company plans to conduct its operation, it can’t.
If you get sick and your doctor wants to know what chemicals you might have been exposed to, he or she can find out, but only after signing a written waiver promising not to tell anyone. Ditto on the fire chief; he or she has to sign a written waiver while the inferno is raging because a “fracking” company’s intellectual property is more important than putting out a fire. If “fracking” information leaks – no pun intended – the leaker is a criminal.
The bottom line on “fracking” is the legislature has said “We’re doing this, you’re not going to stop us, and we’re not even going to tell you how we’re doing it. Ever.”