Greensboro Personal Injury Lawyer - Car Accidents

Wal-Mart Sues Disabled Women to Recoup Medical Benefits

Dan Deuterman — Mon, 24 Mar 2008 15:47:36 GMT

When Debbie Shank began working as a stock clerk at Wal-Mart, she joined the company's health and benefits plan and paid her premiums as insurance against injury or illness.

In 2000, Shank's car was rammed by a semi, and she suffered a traumatic brain injury that caused her to be permanently disabled. Her insurance kicked in and paid promptly for her medical bills -- for which Shank's family was grateful. This once vibrant wife and mother now lives in a nursing home and suffers from short-term memory loss, violent mood swings and other effects of her TBI.

Shank's injuries and disability are tragedy enough for her family. But now they're also faced with a $400,000-plus lawsuit by Wal-Mart.

Why is Wal-Mart suing a disabled former employee?

It seems that there was a clause in Shank's health plan that requires her to repay her employer in the event that she received a judgment to cover her medical care.

After her accident, Shank and her family successfully sued the trucking company and won about $477,000. That money was put in a trust for her ongoing medical care, and only about $217,000 remains. Wal-Mart has laid claim to that money, and the company is also demanding hundreds of thousands more from the disabled woman.

The retail giant won a lawsuit against Shank and her family, and the money from the trust is now frozen pending appeals. Shank's family has hopes that the Supreme Court will review the case.

A Wal-Mark spokesman expressed the company's sadness about Shank's condition but said the company had to pursue repayment out of fairness to all participants in the health plan.

It will be interesting to see what becomes of this case through the appeals process and if Wal-Mart will change its position to protect its public image now that this travesty has gotten considerable publicity.

Shank's situation should also be a cautionary tale for workers. Many people may have health plans with similar provisions and payback clauses. But I'd bet that most are unaware of the financial consequences they could face if they ever need to collect those benefits.

Clearly, Shank's judgment and the Wal-Mart benefits payout combined weren't sufficient to pay for her old medical bills and ongoing nursing home care. Now, faced with the prospect of having to pay back more than $400,000 she doesn't have, what will happen to this woman?

Shank's husband, who remains committed to his wife, recently divorced her so she could qualify for additional government benefits. Yet another sad twist in a horrible tragedy.

Originally posted at InjuryBoard by Dan Deuterman

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

North Carolina Slow to Prosecute Teens for Cell Phone Driving Offenses

Dan Deuterman — Mon, 31 Dec 2007 15:15:50 GMT

Distracted teenage drivers chatting away on the cell phone can have deadly consequences, as we've written about here before.

But only 23 teens in North Carolina have been convicted so far under a state law that went into effect last year that bans teenage drivers from talking on cell phones. These stats make me wonder and ask two questions:

Are cops too busy to stop and ticket teen drivers who are violating the ban on using a cell phone while driving?

Or has teen cell phone use while driving been exaggerated? (I throw this question out here just be be balanced, not because I really believe the answer is yes.)

In North Carolina, teen violators of the law can receive a $25 fine and have six months added to their graduated license requirements.

Besides laws like this one in my state, what can be done to keep teens from texting while driving and talking on the phone while driving?

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

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

Allstate settles class-action suit in Washington state

Dan Deuterman — Tue, 30 Oct 2007 15:05:37 GMT

Many injured drivers in Washington state were getting shortchanged by their insurance company, resulting in paying medical expenses out of their own pockets when they should have had coverage, according to a class-action suit that Allstate is settling out of court.

The Seattle Post-Intelligencer reports the tentative settlement of the class-action suit will affect Allstate car insurance policy holders who filed personal-injury protection claims or Medpay coverage and their claims were adjusted using "the ADP or Mitchell Medical bill review system."

The review system is actually a computer software program that figures in reasonable costs for medical bills in a geographic area. However, Allstate's problem is it used the billing review software and then only paid 85% of the claim, without giving any reason to not cover the other 15%. This left some insured people paying hundreds of dollars out of their own pocket when they thought they had full insurance coverage.

The class action suit will impact anywhere from 30,000 to 40,000 policy holders in Washington state and may have a ripple effect to other states and force other insurance companies to rethink this bill review system.

We've blogged previously about the bad practice of applying generic and standardized payments for injuries and medical bills, especially the recent order signed in South Carolina regarding workers' compensation claims.

We know many insurance companies try to arbitrarily decide a "reasonable" payout rather than considering the full impact of the injury. For example, if a surgeon loses a finger the impact to his livelihood would likely be much greater than to an attorney who suffered the same injury.

Originally posted at InjuryBoard by Dan Deuterman

City bans texting while driving

Dan Deuterman — Mon, 08 Oct 2007 09:31:33 GMT

Text messaging while driving can have deadly consequences, as we've written about here before.

Prompted by a wreck that killed two women after a teenage driver crossed the center line while texting, city leaders in Phoenix are banning drivers from sending or reading text messages.

Phoenix is one of the first cities in the nation to ban texting while driving and they're considering banning all handheld devices. Violators will be warned and on subsequent offenses will be fined $100 or $250 if they cause an accident.

What do you think of this tactic? Should cities outlaw texting while driving? If so, what should the penalties be?

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

Originally posted at InjuryBoard by Dan Deuterman

Mom charged with child abuse in drunk driving driving accident

Dan Deuterman — Wed, 05 Sep 2007 12:05:42 GMT

Not only was she allegedly driving drunk, but police said a Mebane woman who flipped a car with four children inside was driving on a revoked license.

All five people in the car were hospitalized.

Sherrill Shauntel Garner, 28, was driving east on Interstates 40/85, east of University Drive in Burlington when she lost control of her 1986 BMW. None of the passengers were wearing seatbelts or appropriate child restraints.

Garner has been charged with a wide array of offenses: DWI, careless and reckless driving, driving with a revoked license, resist, obstruct and delay, misdemeanor child abuse and a child restraint violation.

According to the Burlington Times-News, passengers in the care were Garner's two children, Conasia Garner, 6, and Charles Wright, 5, Jerry Gant, 15, Garner's brother and Raven Patterson, 13, goddaughter.

Only Garner and Gant were treated and released, the other three children were still in area hospitals in stable condition as of Aug 28.

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

Originally posted at InjuryBoard by Dan Deuterman

Fatal bus stop wreck in Raleigh

Dan Deuterman — Tue, 04 Sep 2007 12:02:40 GMT

A fatal wreck in Raleigh has a neighborhood up in arms and complaining not enough is being done to stop speeding in the area. Jason Daniel Oliver, 28, is accused of hitting two men standing at a bus stop after he lost control of his car while traveling 66 mph in a 35 mph zone on Buck Jones Road near Bashford Road in Raleigh. Police said he was driving drunk and will be charged with second-degree murder.

When Oliver struck Jesus Gonzales Garcia, 33, and Walter Rodriquez Garcia, 23, both men "went airborne and landed in the roadway," the report said. Additionally, a tire from Oliver's car flew off and struck an on coming Saturn driven by Rasul Magomedovich Abduguev, 23, of Raleigh.

Jesus Gonzales Garcia died at WakeMed Raleigh Campus, according to police.

Oliver, Walter Rodriguez Garcia and Abduguev were taken to the hospital with injuries that were not life-threatening

Apparently, safety at this particular bus stop has been an on-going problem.

There are no sidewalks or crosswalks for pedestrians so bus travelers stand within inches of traffic. Many neighborhood residents have complained to city council without any results, yet. "Speed bumps, signs and traffic lights will not stop a drunken driver, City Councilman Thomas Crowder, who represents the area told the News & Observer.

A road widening project is planned, but that could take few years to complete.

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

Originally posted at InjuryBoard by Dan Deuterman

Woman charged in deadly wreck in Elon

Dan Deuterman — Sun, 05 Aug 2007 11:36:55 GMT

A woman who admitted she was responsible for a hit-and-run wreck that killed four people last month in Elon, N.C., has been been arrested and charged in the four deaths.

I blogged about this horrible accident when it happened. The four victims were trying to load a broken-down car onto a trailer when they were hit and killed.

Robin Michelle Stanfield, 32 of 500 James Toney Drive, Elon, was charged with four counts of misdemeanor death by vehicle and one count of unsafe movement.

Stanfield turned herself in to Elon Police. She was released on a written promise to appear in court on September 12.

The deadly accident happened on July 14.

Michael Todd King, 43, of Swepsonville, and Mildred Jones Isley, 57, Freddie Coulter, 55, and Sandra Goins Coulter, 51, all of Graham, were trying to retrieve a Mercury Cougar when they were hit by an Isuzu SUV.

A fifth person, Larry Isley Jr., was also injured in the accident. He was standing beside the trailer when the SUV hit it, but suffered only minor injuries. The SUV rammed into the other victims.

I think it bears repeating that you must be extremely careful if your car breaks down on the side of the road. Of course, the victims in accidents like this are never to blame, but there are things you can do to stay safe while changing a tire or performing other roadside car maintenance.

Originally posted at InjuryBoard by Dan Deuterman

Fatal car crash in Burlington, NC

Dan Deuterman — Mon, 23 Jul 2007 14:50:25 GMT

Alcohol and no seatbelt may have been a contributing factor in a fatal car crash that killed a Burlington, North Carolina man on Sunday, July 22, 2007.

According to the News & Record, John Albert Byrd, Jr, 24, was a passenger in a car that ran off the road, stuck a culvert and a parked car before landing on its roof, as reported by the N.C. Highway Patrol.

The accident happened on West Old Glen Coe Road near Lakeside Ave in Burlington. The name of the driver and his medical status have not been released.

Originally posted at InjuryBoard by Dan Deuterman