Greensboro Personal Injury Lawyer - Automobile Accidents

Yet Another Cyclist Fatality in North Carolina

Pierce Egerton — Thu, 12 Nov 2009 08:48:36 GMT

Last week I blogged about the necessity of looking out for two-wheeled vehicles following the shocking hit-and-run death of David Sherman in Greensboro. Now there’s yet another cyclist fatality in the news, this time a teenager from Dunn, NC.

The Raleigh News and Observer reports that Devin Ray, 16, was killed while riding his bike on Bud Hawkins Road near Dunn. A truck driven by a 17-year old driver reportedly clipped him from the rear and ran over him. Police believe that darkness might have played some role in the crash.

Police aren’t filing charges in the death, but it’s a little curious that the police spokesman “noted that Ray was riding the bicycle in the roadway.” Where else would he ride? In North Carolina, bicycles are subject to the same rules and the same protections as cars. Riding on sidewalks is not just dangerous, it’s illegal in many places. It’s the responsibility of drivers to look out for all the vehicles they share the road with, not just the ones with four wheels.

Originally posted at InjuryBoard by Pierce Egerton

Reidsville Rush Hour Lands Two in ER

Pierce Egerton — Fri, 06 Nov 2009 18:15:44 GMT

A two vehicle collision on NC 14 in Reidsville put two men in the hospital this morning. The News & Record is reporting that Maurice Cooper, Jr., was injured when a Lincoln Town Car reportedly drifted across the center line and collided head on with his Isuzu pick up.

Mr. Cooper was taken to Baptist Hospital in Winston-Salem. The driver of the Town Car, Freddie McCain, was also injured and taken to the hospital.

The accident report has not yet been released, but in my experience driver distraction and driver fatigue are the primary culprits in rush hour accidents.

Originally posted at InjuryBoard by Pierce Egerton

Update: Arrest Made for Greensboro Cyclist's Hit-and-Run Death

Pierce Egerton — Wed, 04 Nov 2009 09:21:51 GMT

The Greensboro News & Record reports that an arrest has been made in a hit and run case that has shocked the Triad. Grayson Dawson, a 48 year old Eden woman, has been charged with felony hit and run, misdemeanor death by vehicle, and driving with a revoked license for the death of David Sherman, the vice president of Sealy, Inc. in Trinity.

Sherman was riding his bicycle on North Church St when Dawson swerved left of the center line and struck him. She then made a U-turn and fled the scene, but witness reports led police to her driveway, where her SUV was sitting. Police identified blood on the windshield and other damage to the vehicle.

Dawson turned herself in, but was released on $5,000 bond. She has previously been in court for driving on the wrong side of the road and driving without a license.

The NC Dept. of Transportation records over 900 bicycle accidents a year, and that 112 cyclists have been killed in a four year span. Cycling is growing in popularity, especially as an alternative to cars and public transportation for young people in downtown Greensboro; in fact, one of my employees cycles to work every morning. As more people take to the road on bikes, we need more attention from the legislature and the city to ensure that cyclists are given safe streets to ride on.

A memorial bike ride will be held to honor Sherman, starting at the High Point Regional Hospital on Nov. 15, starting at 1:30. Organizers are urging people to donate to Yield to Life, a bicycle safety organization.

Originally posted at InjuryBoard by Pierce Egerton

British Woman Sentenced to Jail in Texting-While-Driving Fatality

Pierce Egerton — Mon, 02 Nov 2009 08:54:03 GMT

While awareness of the texting-while-driving epidemic is growing, the United Kingdom is one of the few countries that are aggressively prosecuting people whose texting causes tragic accidents on the roadway. The New York Times reports that Phillipa Curtis, 22, was sentenced to 21 months in a high-security prison for an act of carelessness that cost another young woman, 24 year old Victoria McBryde, her life.

Ms. McBryde’s car had broken down on the A40 motorway. She put her blinkers on, and her car was a neon yellow Fiat. The night was clear. Under normal circumstances, there was no way that Ms. Curtis could have missed her.

“The crash might once have been written off as a tragic accident. Ms. Curtis’s alcohol level was zero. But her phone, which had flown onto the road and was handed to the police by a witness, told a story that — under new British sentencing guidelines — would send its owner to jail.

In the hour before the crash, she had exchanged nearly two dozen messages with at least five friends, most concerning her encounter with a celebrity singer she had served at the restaurant where she worked.”

Prosecutors were able to prove that Ms. Curtis received a text just seconds before the tragic accident. The state is now appealing the verdict to give her an even harsher sentence.

It’s tragic that two young lives have to be ruined in such a way. Maybe American lawmakers will wake up and receive the message that texting while driving is every bit as dangerous and irresponsible as driving under the influence.

We’ve written before about the dangers of texting and driving, and the alarming results of a Car and Driver study that showed texting can impair someone’s reaction time even more than alcohol. Here’s the video of that test.

http://www.youtube.com/watch?v=fbiHwGBsRr0&feature=player_embedded

Originally posted at InjuryBoard by Pierce Egerton

3 Seconds to Greater Highway Safety

Pierce Egerton — Fri, 23 Oct 2009 16:06:59 GMT

For the past few weeks my colleagues and I have been addressing questions clients often ask. Most of our articles relate to questions have about lawsuits and the claims process. One other question I get a lot, though, has to do with vehicle safety. I get the question from clients, friends, and people I meet. The question is: “What can I do to avoid auto accidents?”

It’s a deceptively tough question. Thick books have been written on the topic. Moreover, in my practice I typically encounter people who were involved in accidents rather than those who manage to successfully avoid accidents altogether. When asked about how to avoid accidents, therefore, I usually respond by discussing some of the most common factors contributing to vehicular accidents and injuries.

Without question, following too closely is one of the most frequent causes of accidents. Some studies suggest that following too closely is a contributing factor in forty percent of all traffic accidents. In my office we speak to people every day who were hurt in accidents caused by drivers following too closely.

The authors of a 2006 study defined following too closely as “situations in which one vehicle is following another vehicle so closely that even if the following driver is attentive to the actions of the vehicle ahead he/she could not avoid a collision in the circumstance when the driver in front brakes suddenly." Dingus, T.A., Klauer, S.A., Neale, V.L., Petersen, A., Lee, S.E., and Sudweeks, J., (2006). 100-car naturalistic driving study. Phase 2: Results of the 100-car field experiment.- Interim rept. August 2001 to March 2005. Report No. DOT/HS/810-593. National Highway Traffic Safety Administration, Washington, D.C.

Many safe driving authorities recommend maintaining a minimum 3-second following distance between your vehicle and the vehicle on the road ahead of you. This rule of thumb is for passenger cars and light trucks and SUVs traveling in ideal conditions. When conditions are not ideal a greater distance is necessary.

It’s easy to determine if you are maintaining a 3-second following distance. When the rear end of the vehicle in front of you passes a sign or other stationary object, count how long it takes for the front of your vehicle to reach the same object.

Unfortunately, as a driver you have less control over the distance between your vehicle and vehicle following you. There are, however, some measures you can take when the vehicle behind you is uncomfortably close.

You should increase the distance between your vehicle and the vehicle in front of you. This will give you -- and by extension the driver behind you -- more time to respond to traffic situations that occur ahead of you.

You should also find a way to let the vehicle behind you pass. If there is more than one lane in your direction, change lanes. If you’re on a two lane road, slow down in a passing zone so that the vehicle behind you can easily pass. It may not seem fair to “reward” a tailgater. Remember, however, that the goal is to avoid being in an accident. Letting an aggressive driver get by is a small price to pay to avoid being injured or killed in a traffic accident!

This is a continuation of our series on commonly asked questions that clients ask when involved in a personal injury claim. Join Devon Glass, Wayne Parsons, Mike Bryant, Pierce Egerton, Rick Shapiro, Steve Lombardi and me for a continued discussion about questions clients often ask. The titles so far are:

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2); Wayne Parsons | October 22, 2009 3:45 AM

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST

Originally posted at InjuryBoard by Pierce Egerton

Filing Your Bills with Your Health Insurance When You've Been Hit

Pierce Egerton — Fri, 09 Oct 2009 16:43:27 GMT

There is question I hear on a near daily basis from clients and potential clients.

Should I file my medical bills with my own health insurance?

The answer is yes. At least in North Carolina, it is always better to file your bills with your insurance. Understandably, many people are a bit confused by this proposition. So, I would like to explain.

The accident was not your fault. You want the other driver to cover all your bills. You deserve to have your bills covered, and you will. But, in the meantime, a lot of unpleasant things can take place. These things can all be avoided by simply filing your bills with your own insurance. The first priority for you after an accident should be to get your injuries treated. Many health care providers will not even begin treatment without proof of insurance. Don't play with your health. Provide your own insurance information. When the case settles, the other driver will cover the costs.

Many times, These costs will end up being smaller with insurance also.

Another thing that worries people is that they won't be able to claim bills they file with their insurance. This is not true. The law lets you claim reimbursement for your medical bills that are reasonable and necessary for your injuries -- regardless of whether your health insurance has paid. And, don't worry about losing out on money from your settlement because you had to pay it back to your insurance company. Under North Carolina law health insurance providers are not allowed to be reimbursed from a settlement.

Some people might be uncomfortable and feel they are getting money they don't deserve, but there is a reason for handling it this way. The at fault driver pays a monthly premium for just this situation. You pay monthly premiums to your health insurance for coverage. If either one wasn't forced to pay what they are obligated to, even though it has already been paid by one of them, the other would be "getting off the hook" even though they were paid to provide that coverage. So, in order to make it fair, they both have to pay. Lawmakers have decided that it is only fair and the victim reaps the benefit.

Another reason to file is simply the length of time it can take to settle a claim. Auto insurance companies usually understand that payment won't come until the claim is settled, and will work with you on repayment. It's part of their job. Without using your health insurance, your medical bills could pile up for months or years, ruining your credit and causing you tremendous stress. Why go through all that when it can be easily avoided?

Keep in mind that many health plans are not true health insurance. If you have one of these plans, or if you are not sure whether you have true health insurance, consult a lawyer about what effect payments by your plan will have on your injury recovery.

Remember, you have a right to get well. Use all the tools available to you to make sure that happens as quickly and effectively as possible.

This article is part of the series by my colleagues. Check out these great articles!

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi, September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder,Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro October 03, 2009

and this one

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Originally posted at InjuryBoard by Pierce Egerton

Drunk Driver Hits Three Pedestrians, Flees Scene

Pierce Egerton — Thu, 01 Oct 2009 11:17:29 GMT

This week I wrote about a sad accident in which a pedestrian, Lucille Lambeth, was struck by a pickup in front of the Asheboro Wal-Mart. Mrs. Lambeth was airlifted to Duke Medical Center but they were unable to save her life.

Then, just yesterday, another accident report crossed my desk involving pedestrians hit by a car. The accident happened on September 19, in Greensboro. According to the accident report, the driver, Gerald Lorenzo Pettus, swerved off the road and hit three pedestrians standing on the corner.

To make matters worse, the driver fled the scene. You probably won’t be surprised when I tell you he was subsequently charged with DWI. No other details are available, but I'll update this post if I hear of further charges.

Pedestrians are extremely vulnerable. Drivers must be extremely careful when pedestrians are in the area.

Originally posted at InjuryBoard by Pierce Egerton

Running the Red Light UPDATE: Drivers in Fatal Collisions Face Charges

Pierce Egerton — Thu, 01 Oct 2009 10:20:15 GMT

I first wrote on September 15^th about two fatal accidents that occurred recently: Christopher Raynor was killed when another driver ran a red light. Ballet dancer Elena Shapiro died when her car was hit by a speeding drunk driver. These were two particularly heart-breaking cases - Mr. Raynor was to be married that day – and Ms. Shapiro was an ascendant professional ballerina, having experience with the ballets of Boston, Houston, and Hungary among others.

Not only has the world lost forever two young people, but the lives of the drivers – both of whom survived -- have been severely impacted as well.

Consider: When last I wrote, Dr. Raymond Cook, who hit Shapiro, had been charged with DWI and released on $51,000 bond. Since then, he has been charged with 2^nd degree murder and his bond has been raised to $250,000. Previously, Dr. Cook was a cosmetic surgeon at Wake Med and an assistant professor at UNC Medical School. He resigned both positions and surrendered his license to practice medicine.

Dr. James Early, the driver involved in Mr. Raynor’s accident faces a charge of misdemeanor death by vehicle.

The most remarkable aspect of these tragedies is that both were preventable. The consequences, in both cases, are forever. The sad irony is that the two drivers were both physicians committed to caring for the health of their patients and undoubtedly scrupulously meticulous and careful in their professional duties. A driver is responsible for the safe operation of his or her vehicle. A moment’s inattention can turn that vehicle into a deadly missile.

Originally posted at InjuryBoard by Pierce Egerton

Pedestrian Dies After Hit By Pickup In Wal-Mart Parking Lot

Pierce Egerton — Tue, 29 Sep 2009 14:33:27 GMT

As drivers we must constantly be aware of our surroundings, particularly when we are driving in areas where we can expect to see pedestrians. Monday brought a tragic reminder of the deadly danger vehicles pose to pedestrians even in parking lots.

Ina Lucille Williams Lambeth, a 79-year-old lady from Asheboro, North Carolina, was struck by a car just before noon in the local Wal-Mart parking lot. Mrs. Lambeth was doing everything right. She was in the marked crossing area directly in front of the store’s doors.

A pickup driven by David Maurice Dickens was stopped at the front of one of the parking rows. Dickens turned left to cross in front of the store. When he did so, his pickup hit Mrs. Lambeth as she walked in the crossing area.

Mrs. Lambeth was first taken to Randolph Hospital and then airlifted to Duke University Medical Center. Sadly, she later died from her injuries.

According to the police report, Mr. Dickens was charged with failure to see before turning and misdemeanor death by motor vehicle.

Drivers should be at their most vigilant around pedestrians. In North Carolina, pedestrians always have the right of way in a parking lot. Tragedies, like the death of Lucille Lambeth, are avoidable if drivers stay on the alert.

Originally posted at InjuryBoard by Pierce Egerton

Street Signs: When a Driver's View is Obstructed, Who is to Blame?

Lawrence Egerton — Tue, 29 Sep 2009 12:17:28 GMT

Road signs are vital to maintaining safe roadways. Without them the streets would be a chaotic and dangerous place. So whose fault is it when your view of those signs is completely blocked? This is the exact question raised by a case we took this week.

Our driver entered an intersection and was suddenly t-boned by another car. It turns out that she had driven through a stop sign, but did not find that out until she was told about it at the hospital by the investigating officer. He also told her this made her "at fault". This news was quite a shock to her, since she was unaware that there had been any stop sign at that intersection.

Why? Because it was completely obscured by a large parked truck. She also had the unfortunate circumstance of having her view down the cross street blocked by a large brick building, making it impossible to see the oncoming car either. Having never traveled this street before, our client had no way of knowing about the stop sign. She became a victim of the exact situation the sign was put there to avoid.

This case raises several questions. Was our driver at fault here? I don't think so. Our office takes the position that the accident was caused by the truck driver whose parked truck blocked the view of the stop sign. We are also considering the possibility that the city is liable for failing to designate the area in front of the sign a "no parking zone" as is common at many intersections served by stop signs, to avoid situations exactly such as this. What could our client have done to avoid the accident? I don't think she could have done anything.

As you can see from the photos, there was really no indication that any stop sign existed, or that cross traffic had the right of way. We'll let you know what happens.

Originally posted at InjuryBoard by Lawrence Egerton