Greensboro Personal Injury Lawyer

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

Apex Day Care is Shut Down After Infant’s Death

Pierce Egerton — Fri, 06 Nov 2009 10:56:45 GMT

Every parent’s worst nightmare is that something bad will happen to their child when they aren’t there to protect them. That’s why the issue of day care negligence is such a hot topic. Parents see red when they think of something happening to their child at a place they trust. Watch this video and read some of the comments on it. You’ll see what I mean.

http://www.youtube.com/watch?v=ZoUmw6Nbb0Q

It’s one thing when a freak accident injures your child. But when daycare providers systematically break the rules and put kids in danger, you can bet parents will demand answers.

A home daycare in Apex has just been shut down following the death of a 3-month-old infant on October 26. Another child’s parents called 911 when the baby stopped breathing. (Why weren’t the daycare operators the ones placing the call? Where were they?). Police are still investigating the cause of death, but the North Carolina Department of Health and Human Services has already stepped in and shut down the day care after they found a laundry list of violations.

According to ABC, the daycare was licensed to watch five kids at a time, but had eight kids in the house when the death occurred. Other issues such as sanitary conditions and exposed outlets were reported.

The daycare owners have not been charged with any crime at this time, but the community wants answers.

Originally posted at InjuryBoard by Pierce Egerton

Be on the Look Out for 2-Wheeled Vehicles!

Pierce Egerton — Wed, 04 Nov 2009 16:42:33 GMT

Lately I've blogged about the tragic deaths of a Greensboro cyclist and a man killed while test driving a motorcycle. Today, while scanning through accident reports, I found yet another case of a two-wheeled vehicle being struck when the driver of a car wasn't paying attention.

On Halloween, Stacey Elliott of Lexington was a passenger on a motorcycle traveling in High Point when a vehicle turned into their path. The driver of the motorcycle swerved, but not in time to avoid the collision. Stacey's foot was pinned in between the bike and the car.

What might have been a minor accident in a car is now likely to be a painful ordeal that could involve heavy medical bills and prolonged treatment. Drivers of automobiles have to use more caution in looking out for the two-wheeled vehicles they share the road with. It's that simple.

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

Motorcycle Tragedy: Man Killed During Test Drive

Pierce Egerton — Tue, 03 Nov 2009 09:16:24 GMT

Riding motorcycles is a fun and exhilarating pastime. But even when a motorcycle driver does everything right, there’s potential for tragedy. Joe Cross, from Supply, NC, was only taking a test drive of a motorcycle when another motorist pulled in front of him. Joe was thrown from the bike and killed. He was 33 years old.

Fox 8 reports that Dorothea Hewitt, 51, was attempting to pull into her driveway and failed to yield the right of way.

Joe was a carpenter/painter, and father of two. The family is accepting online condolences at http://brunswickfuneralservice.com. A fund has been set up for his sons, Isaac and Elijah, and memorials can be sent to the “Elijah Joe Cross fund” and “Isaac Caleb Cross Fund” at any Bank of America branch.

Even experienced riders can fall victim to others’ negligence. A friend and associate of ours was recently hit by an SUV while riding his motorcycle, a pastime he has enjoyed for decades. Thankfully, he only sustained some shoulder injuries, but it gave us all quite a scare.

Our condolences go out to Joe’s family.

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

Distracted Driving Takes to the Skies: Pilots Flew Past Airport While On Their Laptops

Lawrence Egerton — Tue, 27 Oct 2009 10:51:49 GMT

The two Northwest Airlines pilots who flew more than 150 miles past their destination on Wednesday have admitted that rather than being asleep, which was speculated, they were actually using their laptops, which was so distracting for them that they didn't realize they had missed their scheduled landing destination and failed to answer radio messages from the ground controller.

If texting while driving is dangerous, surely it is more dangerous flying while surfing the net. This is compounded when the lives of 144 people are at stake. The pilots claim that they were mulling over some complicated crew scheduling software, but does it matter what they were doing? All that matters is they were not flying the aircraft.

Every time I fly the flight attendant requires passengers to shut off all personal electronic devices. If it is important for the passengers to do this, surely it is more important for the pilots. The flight attendants should check the cockpit first and see what the pilots are doing. I'd feel better if I knew they were flying the plane, not playing sudoku.

Currently, according to the Wall Street Journal, Federal safety rules don't prohibit laptops from cockpits. I think that should change. Better yet, perhaps airlines should require pilots to check their personal computers with the flight attendants before they enter the cockpit. A beeper might even be installed in the cockpit to sound an alarm if a personal computer is turned on. I, for one, feel that a personal computer has no place in the cockpit of an airplane.

Originally posted at InjuryBoard by Lawrence 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