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Teen sent text message seconds before fatal crash

Dan Deuterman — Mon, 16 Jul 2007 08:25:37 GMT

Some states, including North Carolina, have laws that restrict cell phone use by teens while driving.

A recent tragedy in New York illustrates why such laws are necessary. All drivers need to keep their attention on the road, but statists show that inexperienced drivers are more likely to die in car accidents. Distractions like cell phones, text messages, the radio or chatty friends can prove deadly, as they did recently in Canandaigua, New York.

Five teens, including the 17-year-old driver, were killed June 28 in a head-on crash with a truck. Just moments before the teens' SUV slammed into the truck, the driver was carrying on a text message conversation with a friend, according to police and news reports.

Originally posted at InjuryBoard by Dan Deuterman

Sending a Text Message While Driving Will Soon Be Illegal in Washington State

Dan Deuterman — Wed, 31 Oct 2007 14:48:32 GMT

Need to text? Your cell phone could be taken away

Texting while driving can lead to deadly consequences, which is why states are taking a look at toughening laws to deter drivers from using their handheld electronics behind the wheel.

Washington state has received a lot of attention lately after passing a ban on texting while driving that takes effect this January. Violaters will be charged $100 fines and may even have their cell phone confiscated for repeated offenses.

I'd love to hear your thoughts on this topic. Are texting while driving bans a good idea? Are there better ways to prevent deadly car accidents that occur when drivers become distracted by cell phones, text messages and other things?

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Dan Deuterman

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

Teen Killed In Fatal BMW Crash Sought Speeding Advice in Online Forum

Dan Deuterman — Wed, 30 Jan 2008 13:36:10 GMT

Just 12 hours before he died in a reckless, high-speed crash, an 18-year-old Florida man logged onto an online forum for BMW drivers and asked for tips on driving his faster.

Later that same night, Joshua Ammirato raced his 2008 BMW M5 off an airstrip and into a tree. He and four other young men from Marion County in Florida were killed in the high-speed crash that clearly was the result of joyriding and youthful bravada.

In between typical car banter, some of the posters on the M5.com questioned Ammirato's maturity and urged him to be cautious while driving his high-performance car.

"[I]t's just disturbing to know, if you're for real, that an 18 year old who is asking these questions about a 500hp car is driving the same streets I am. I don't have anything against young guys driving nice cars, but an 18 year old behind the wheel of an M5 is what accidents are made of," he wrote.

Ammirato assured his fellow M5 bufs that he was a safe driver -- an assertion that contrasts sharply with accident reports.

"I completely understand where you are coming from assuming that I am irresponsible ... that is definitely understandable. I do sometimes make bad decisions but I am young and I do drive safe and I will not endanger the lives of others."

A case like this truly is tragic. All teenagers do stupid things, but for these five will never have the chance to do another stupid thing. And where does fault for this accident lie? Solely with the driver? Or with his friends, who surely encouraged him to push the limits of his fast sportscare? With his father, for giving an 18-year-old such a powerful car? With BMW for manufacturing a performance vehicle? With online car buffs who are always boasting about the performance they get from their sports cars? I'd love to hear your opinion.

Originally posted at InjuryBoard by Dan Deuterman

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

Watch for Deer on the Highway: Lawrence and Linda in Virginia

Lawrence Egerton — Fri, 17 Jul 2009 09:15:48 GMT

My wife Linda and I recently took a trip through Virginia and West Virginia. As we traveled past the beautiful trees mountains and creeks that make up the countryside here, we were lucky enough to spot quite a few deer. Most people would expect to find some 18-wheelers, trucks, and other cars along the way. And, was the hot pavement flies by beneath you it can be easy to forget about all the nature those roads pass through. Deer are a common sight along many highways. Spotting a group of deer can be fun and unexpected, but even more important to remember is that they can dart out into traffic.

Hitting a deer as it runs across the road can be as severe as any collision with a car. And not only does this usually kill the animal, but leaves the driver high and dry financially. Over the years plenty of people have contacted our firm trying to sue someone for damages after they hit a deer. But, unfortunately even when the deer is at fault, there are no "bucks" to be found.

Others have taken a different tack and proclaim that the government should put up fences of some kind to keep the deer from the path of cars. This may seem like a good idea at first, but not only would it be extremely expensive, but I know firsthand that fences don't do much good. Deer don't just run fast. They are pretty good jumpers too.

So next time you are cruising the green highways keep an eye peeled for wildlife along the road. It's one situation where being safe is just as fun as it is smart.

Originally posted at InjuryBoard by Lawrence Egerton

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

Uninsured Drivers: Who Are These People?

Pierce Egerton — Wed, 02 Sep 2009 12:00:53 GMT

One of the best things about being an injury lawyer is the sense of satisfaction that comes from helping a client and his or her family recover from the often crushing financial strain that accompanies a serious injury. The medical bills can be enormous and the injured person is often out of work for weeks or months. It is my job to help free families from this financial vise and I feel privileged that I have the opportunity to do such fulfilling work.

There is a sad flipside, however. Early in my career, I learned that perhaps the most unpleasant duty for an injury attorney is explaining to a seriously injured person that there is no money available to pay their medical bills or cover the income they lost as a result of the accident.

What Is An Uninsured Driver?

This situation arises most frequently in auto crash cases when the person who caused the accident was driving without a valid insurance policy. Like other states, North Carolina law requires drivers to carry liability insurance; despite these laws, as you read this, millions of people are driving our nation’s interstates and highways without valid insurance. Current estimates place the number of uninsured drivers on our roads at 15% -- that’s one in every seven motorists.

Who Are These People?

A growing number of these uninsured motorists are people hit hard by the economic downturn. These are folks who can’t make ends meet and let their insurance coverage lapse.

A lot of them, however, are among the most dangerous drivers on the road -- people whose licenses were revoked after convictions for offenses such as DWI and Careless & Reckless driving. According to government estimates from 2004, uninsured drivers are ten times more likely to have DWI convictions and six times more likely to have convictions for driving an unsafe vehicle.

Wayne Parsons posted an eye-opening piece yesterday outlining how serious the threat from drunk driving really is. What we often don’t hear about drunk driving is that innocent people are often victimized twice at the hands of the drunk driver. The victims suffer not only the horrific physical injuries inflicted in the crash, but they also suffer a devastating financial blow when the drunk driver is also uninsured.

How Do I Protect Myself and My Family From Uninsured Drivers?

As my friend Rick Shapiro wrote Monday in his blog, you can make sure your auto insurance includes Uninsured and Underinsured coverage. These types of coverage step in to make a financial recovery available to you if you are injured due to the negligence of a driver who has little or no insurance coverage. Since this coverage protects you, your family and your passengers, it is important that your policy provides high limits for these coverages.

In North Carolina and many other states you can also purchase Medical Payments coverage (also referred to as medpay) with your auto policy. This type of insurance is not a substitute for uninsured coverage. However, for most folks, it will help take some of the sting out of your medical bills.

What Else Is Being Done About This Problem?

Taking a page from their efforts to curb drunken driving, highway patrol and local police throughout the nation are setting up insurance checkpoints. Drivers are required to produce proof of car insurance. For those who can’t produce proof of insurance, the fines can be steep. In many communities, frustrated police and judges are ordering vehicle seizures, license suspensions, misdemeanor charges and even jail time in some circumstances.

Call Your Agent

Before you head out onto the interstates and highways this Labor Day weekend, make sure your auto policy covers you against the risk of being hit by an uninsured driver. Give your insurance agent a call. Ask whether you have Uninsured and Underinsured coverage and what the limits of the coverage are.

Here are the other posts in this ongoing series about interstate safety:

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C. (Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend Wayne Parsons | September 01, 2009 4:36 PM

Uninsured Motorist Car Insurance: It’s Your Most Important Car Insurance and Here Is Why | September 01, 2009 10:30 AM

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