Greensboro Personal Injury Lawyer - DWI

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

Officers On The Job To Make Our Holiday Safer

Pierce Egerton — Thu, 03 Sep 2009 20:40:07 GMT

This Labor Day weekend marks the 15th anniversary of the “Booze It & Lose It” mobilization to crack down on impaired drivers in North Carolina. The Labor Day “Booze It & Lose It” campaign began on Aug. 21 and runs until Sept. 7.

My friend and colleague from Hawaii, Wayne Parsons, recently posted some truly sobering statistics on drunk driving. The read is worth your time, check it out here.

In North Carolina in 2008, there were 11,968 alcohol-related crashes resulting in 433 fatalities and 9,263 injuries. Combating the drunk driving scourge is a daunting task. While it can’t stop every drunk driver, the “Booze It & Lose It” campaign is an effective tool.

“Booze It & Lose It” began in 1994 and was created to zero in on impaired drivers with innovative and extensive anti-DWI enforcement and education. Since 1994, law enforcement agencies have conducted more than 194,000 checkpoints and patrols during “Booze It & Lose It” campaigns resulting in more than 103,000 driving while impaired citations.

For those of us that may be out on the roads this holiday weekend its comforting to know that law enforcement officers are on the job trying to keep drunk drivers off our roads. Thanks guys!

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

More Than 1,300 Charged With DWI During North Carolina “Booze It & Lose It: Operation Firecracker”

Pierce Egerton — Sat, 11 Jul 2009 11:29:31 GMT

Yesterday, Gov. Bev Perdue announced in a press release that state and local law enforcement officers cited 1,340 motorists for driving while impaired (DWI) during the “Booze It & Lose It: Operation Firecracker” campaign, which ran June 29-July 5. A total of 53,614 traffic and criminal citations were issued statewide.

“Thanks to law enforcement officers’ continued dedication to removing impaired drivers from our roads, more families were able to enjoy the Independence Day holiday together,” Perdue said.

During the Governor’s Highway Safety Program campaign, officers statewide conducted more than 4,800 sobriety checkpoints and dedicated patrols. Counties with the highest number of DWI citations included: Mecklenburg (93), New Hanover (75) and Wake (66).

Some other county totals include: Guilford (38), Forsyth (14), Alamance (14), Rockingham (21), Randolph (16), Davidson (21), Montgomery (5), Stokes (2). For additional county-by-county citation totals, visit the GHSP Web site, www.ncdot.org/programs/ghsp/news.

Officers also issued 4,881 safety belt and 729 child passenger safety violations, 15,293 speeding violations and 745 drug charges. In addition, they apprehended 285 fugitives from justice and recovered 45 stolen vehicles.

Originally posted at InjuryBoard by Pierce Egerton

Appeals Court Lets Second-Degree Murder Conviction Stand In Drunk Driving Crash

Pierce Egerton — Tue, 07 Jul 2009 22:33:12 GMT

About 8:30 one warm evening in June two years ago York County Deputy Tim Davidson was on the shoulder of Highway 321 writing up a ticket for a traffic violation. As he was speaking with the motorist, an F-350 dually passed by headed toward the North Carolina border. As Trooper Davidson looked on, the dually ran off the road, struck down a highway sign, and continued driving.

Just over the border in North Carolina, Warren Ray, his wife Victoria and daughter Melissa were on their way to South Carolina. Warren was driving Melissa’s S-10. Melissa was riding shotgun and Vicky was in the jump seat. Each of the Rays was wearing a seat belt.

Mr. Ray stopped at a stop sign getting ready to turn southbound onto Highway 321. At that moment the Ford dually veered from the road, across a grassy area and hit the Rays’ S-10.

The crash was so severe it “knocked [the S-10] straight up and it hit the caution sign and then it just landed back down and flipped over.”

When Melissa Ray regained consciousness she was trapped in her truck. Her father’s lifeless body was on top of her, covered in blood. Her mother lay dead nearby. Melissa said it “felt like hours” before the firefighters could cut open her truck and she could climb past her father’s body to get out.

James Davis, the driver of the dually, stayed in his truck until emergency personnel arrived. He then got out of his truck. He was not seriously injured. He said he had not been drinking. Alcohol tests showed otherwise. An expert determined Mr. Davis’ alcohol level at the time of the collision was 0.13. There were no skid marks or any other indication that Mr. Davis attempted to brake or turn to avoid the crash.

A jury found Mr. Davis guilty of DWI and other charges including two counts of second-degree murder for the deaths of Melissa Ray’s parents.

Mr. Davis appealed the second-degree murder charges. He argued that there was no evidence of malice -- a required element of second-degree murder.

In a ruling issued on Tuesday (July 7, 2009), the North Carolina Court of Appeals disagreed. The Court said the prosecution did not have to show Mr. Davis had a specific intent to kill. Rather the Court held that the State only had to prove that Mr. Davis “had the intent to perform the act of driving in such a reckless manner as reflects knowledge that injury or death would likely result.” State of North Carolina v. James Michael Davis, No. COA08-1318.

The Court pointed out that there was evidence that Mr. Davis:

Drank nine to twelve beers in a two-hour timeframe;
Denied drinking following the crash;
Drove his truck on a highway after drinking;
Ran over a sign and continued driving even though he should have known at this point he was a danger to the safety of others;
Continued driving while weaving side to side; and
Ran off the road and crashed into the Rays truck without braking or attempting to avoid the collision.

The Court of Appeals determined this evidence was enough to support the jury’s finding of malice and Mr. Davis’ convictions for second-degree murder. Mr. Davis’ sentence, originally handed down by the trial court, stands at 40-52 years.

About the Editors: Egerton & Associates, P.A., is a personal injury law firm based in North Carolina’s Piedmont region with offices in Greensboro, Asheboro and Kernersville.

Originally posted at InjuryBoard by Pierce Egerton

Alcohol, Speed Lead to Fatal Accident in Graham, NC

Pierce Egerton — Fri, 03 Jul 2009 14:58:26 GMT

WFMY and Burlington’s Times News are reporting another deadly vehicle crash in the Piedmont today. The crash occurred in the early morning hours on East Gilbreath Street in Graham, NC. The Graham Police Department reports 21-year-old John Paul Hamlett of Buffalo Junction, Virginia was killed this morning when he lost control of his pickup truck.

The truck left the roadway and came to rest upside down in a creek. A Graham Police Department news release says the driver of the vehicle was partially ejected and pronounced dead at the scene. Two passengers were taken to UNC Hospitals with serious -- but not life-threatening -- injuries.

Police say speed and alcohol contributed to the accident.

This accident follows two other fatal accidents in the Piedmont this week. On Tuesday a young man, Nate Marburger, died from injuries he sustained in an accident the previous day on US 29 near Greensboro after the driver of the SUV he was riding in fell asleep at the wheel.

On Tuesday a Sophia couple, Clarence and Elizabeth Poe, were killed in an accident on US 64 in Randolph County. That accident occurred when a tire blew out on an El Camino setting off a chain of events culminating in a utility truck colliding head on with the Poe’s Ford Taurus.

Together these accidents highlight four major causes of vehicle accidents: alcohol, speed, driver fatigue, and, perhaps, poorly maintained or defective tires. Please be careful as you head out into traffic over this long Independence Day holiday. Please also say a prayer for the devastated family members and friends of Mr. Marburger, the Poes and Mr. Hamlett.

Originally posted at InjuryBoard by Pierce Egerton

What's Worse Than Drunk Driving? Driving While TEXTING

Pierce Egerton — Tue, 30 Jun 2009 12:37:04 GMT

Could driving while texting (DWT) actually be worse than drunk driving? That’s the question Car and Driver magazine set out to answer. They designed a test to measure reaction times of drivers who were (1) reading a text; (2) writing a text; and (3) intoxicated.

The reaction times of two subjects were tested. One was a 22-year-old intern and the other was the 37-year-old magazine editor. The participants were told to brake when signaled by a red LED light mounted on the windshield (meant to simulate a brake light). The tests were run at 35 and 75 miles per hour.

The delay in reaction times for DWT was worse than DWI. Much worse.

At 35 mph, the younger driver’s stopping distance increased by 7 feet when drunk. But his increased stopping distance while sending a text was double the increase when drunk (14 ft) and was triple (21 ft) when reading a text.

The effect was even greater for the older driver. The effect on his stopping distance while sending a text was over 10 times greater than while driving drunk. The effect while reading a text was over 20 times greater than while driving drunk.

Wow!

Here's a vid of the Car and Driver test.

Car and Driver Video.

So it’s a good thing that this year North Carolina became the 14^th state to pass a ban on driving while texting. Governor Perdue announced that she signed the bill via text message: “This msg 2 u was composed while I was behind my desk, not behind the wheel. Hope u r not driving now.''

TTFN

PS: After writing this blog entry, I saw that Texas linebacker Sergio Kindle crashed into an Austin, Texas apartment building last week while he was either sending or receiving a text. Be safe! LPE

Originally posted at InjuryBoard by Pierce Egerton