Greensboro Personal Injury Lawyer - Wrongful Death

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

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

The Deadliest Job: Crash Takes Life of Road Worker on US 29

Pierce Egerton — Fri, 25 Sep 2009 21:26:15 GMT

It’s one of the most dangerous jobs in America -- road construction. This afternoon another road worker died. Paul Daniel Macintyre, working for Protective Services of High Point, was riding in a trailer while retrieving traffic cones.

The driver of a Chevy S-10 was passing the trailer. The driver of the S10 said he looked down to adjust his radio. The S10 sideswiped the trailer.

Paul Macintyre died in the collision. His coworker, Marcus Jones, was hospitalized with serious injuries. A 5-year-old child traveling in the S10 was also injured and reportedly suffered broken bones and lacerations.

The accident occurred on U.S. 29 in Rockingham County -- one of the Piedmont area’s deadliest roads. Another worker who was also in the trailer picking up cones was also injured.

We see road crews on the road all the time. As drivers, it’s easy to become so accustomed to their presence that we don’t really pay attention. Our complacency, however, is a deadly threat to the lives of the people who work on our roadways. It is so important that drivers slow down and pay close attention whenever work crews are present.

Originally posted at InjuryBoard by Pierce Egerton

Vacation Fun Turns Deadly -- Parasailers Die in High Winds at NC Beach

Pierce Egerton — Mon, 31 Aug 2009 10:28:02 GMT

U.S. Coast Guard officials say a disconnected rope is to blame in a parasailing accident that killed two women in Ocean Isle, NC, on Friday. Among the victims is Cynthia Woodcock from Kernersville. The other victim, Lorrie Shoup from Granby, Colorado, was vacationing with Woodcock.

The two were parasailing with a local company, N.C. Watersports. The company has reportedly been in operation at Ocean Isle for four years or so. The Coast Guard asked the company to suspend parasailing operations while the investigation continues.

The Coast Guard is conducting drug tests on the employees involved and looking into the possibility that rough weather in the area because of tropical storm Danny played a part in the accident.

According to reports from WFMY, Cynthia Woodcock’s son Bart is asking why the company would be operating in rough weather. “My first question is, 'If there's a storm or a tropical storm or a hurricane offshore, why in the world are you taking a small boat out there parasailing of all things?”

That seems to be the question of the moment. My partner (and Dad) Lawrence was at the coast in Brunswick County over the weekend. He expressed the same concern Bart Woodcock did when he first heard of the accident.

Witnesses to the accident also spoke of the severe weather. According to the Sun News of Myrtle Beach, witnesses said “the boat and suspended parasailers seemed to lodge motionless in high winds.”

According to the National Weather Service, winds in the area were gusting to 20 miles per hour. The Sun News reports one witness describing the wind “as strong as that of a winter nor'easter.” The newspaper also spoke with David Sage, co-owner of Myrtle Beach's Ocean Watersports. According to Sage, “when the wind gets over 20 mph, it makes a huge, huge difference.” Sage does not permit his parasail boats to operate in winds of 20 mph or greater and his boats were not operating at the time of the accident in Ocean Isle.

Our thoughts and prayers go out to the families who lost loved ones in Friday’s accident. Below is memorial service information for Cynthia Woodcock.

Memorial Service Information

A memorial service celebrating Cindy's life will be held Monday, August 31, 2009 at 7:00 PM at Woodlawn Baptist Church, 3201 N. Main Street in High Point, NC.

The family will receive friends Tuesday evening from 7 until 9 PM at Evans Funeral Service at 1070 Taylorsville Rd in Lenoir, NC 28645.

Funeral services will be conducted 2:00 PM Wednesday, September 2, 2009 at Calvary Advent Christian Church in Lenoir with Reverend Jim Lee officiating at 1330 Delwood Dr in Lenoir. Burial will follow in the Mt. View Baptist Church Cemetery in Lenoir.

The family respectfully requests memorials be made to Woodlawn Baptist Church, 3201 N. Main Street, High Point, NC or the Education Fund for Dylan and Devin Woodcock, C/O Wachovia, NC.

Originally posted at InjuryBoard by Pierce Egerton

NTSB Issues "Urgent" Safety Recommendations to DC Metro Authority

Pierce Egerton — Tue, 14 Jul 2009 06:59:00 GMT

The National Transportation Safety Board (NTSB) released a statement Monday containing “Urgent Safety Recommendations” for the Washington Metropolitan Area Transit Authority (WMATA) in the wake of last month’s deadly Metro accident. The investigators said the electrical train control system should fail safe by stopping a train whenever detection of a preceding train is lost. They called on WMATA to use real time data to automatically generate alerts when information on track occupancy is lost or interrupted.

In a second “urgent recommendation” the NTSB asked the Federal Transit Administration (FTA) to “advise all rail transit operators with train control systems capable of monitoring train movements to evaluate their systems for adequate safety redundancy.”

“While the NTSB is still in the very early stages of its investigation into this tragic accident here in our nation's capital," said Acting Chairman Mark V. Rosenker, "we have concerns about the failure of WMATA's train control system to prevent this collision." Rosenker continued, "By calling upon WMATA to take swift action to upgrade the safety redundancy of its system and by urging FTA to alert other transit agencies of the hazards of single point failures such as the one experienced by WMATA, we hope to prevent something similar from happening again."

In accordance with NTSB protocol, the safety recommendations were issued to the heads of both agencies with a request for a response from each organization within 30 days, addressing the actions taken or planned in response to the Board's recommendation.

Originally posted at InjuryBoard by Pierce Egerton

High Point Woman Dies When Driver Runs Red Light

Pierce Egerton — Mon, 13 Jul 2009 14:10:47 GMT

The News & Record is reporting that a High Point woman was killed Sunday when a Thomasville man ran a red light at the intersection of English and Main. The victim, 75-year-old Rachael Myers was taken to Baptist Hospital where she died.

The driver of the Acura, John Young, Jr., was charged with misdemeanor death by motor vehicle.

Originally posted at InjuryBoard by Pierce Egerton

14-Year-Old Bicyclist Lured Out At 3 A.M. to Meet MySpace Girl Struck & Killed On Highway

Pierce Egerton — Sun, 12 Jul 2009 19:47:07 GMT

Winston-Salem police confirmed that 14-year-old Mark Zanzarella of Clemmons was killed Sunday morning while riding his bicycle on U.S. 311 near Union Cross Road. According to WXII, the accident occurred about 3 a.m., when a vehicle driven by 18-year-old Angelica Rincon hit the bicycle while traveling southbound on 311.

The young victim was riding a pink bicycle and was either crossing the roadway from east to west or proceeding in the left southbound lane. Police said they do not believe that speed or alcohol was a factor in the deadly crash.

WFMY is reporting that the teen’s mother, Earlene Jones, said he took his little sister’s bike to go meet a girl he met on MySpace. Mrs. Jones believed Mark was on the way from Clemmons to Kernersville.

According to Fox8, police would like to speak to the driver of a red pickup truck who stopped to help. They believe he may have witnessed the accident. Police are also asking anyone else with information about the accident to call them at 336.773.7700.

According to WFMY this is the 14th traffic death this year in Winston-Salem. There were only 6 fatalities during the same period last year.

Update 07/13/09: By all accounts, Mark was a special young man. As you can see from the comments below, his friends and family treasured him and are devastated at his loss. Mark's Dad, Cosmo Zanzarella told the Winston-Salem Journal that his son was outgoing but had a sensitive side, an assessment echoed by Mark's friends and neighbors. He will certainly be missed by them all.

I suppose at this point I should add something about bicycle safety tips and keeping a sharp lookout while driving at night. But there is a time to examine such matters and a time to grieve. Now is the time to celebrate a sparkling, but too-brief life.

Originally posted at InjuryBoard by Pierce Egerton

July is Deadliest Month for Children in Hot Cars: Eighteen children have died in hot cars so far this year, most in the Southeast

Pierce Egerton — Sat, 11 Jul 2009 12:15:48 GMT

In the time it takes to run into the store and grab some milk, stand in line at the post office or go inside to pay for gas - in just 10 minutes - the temperature inside a car can rise 19 degrees. When summer temperatures are in the 90s, that means the temperature in a car will be more than 109 degrees in a matter of minutes.

According to the State Fire Marshal, since 1998, at least 432 children in the United States died of hyperthermia after being left unattended in a vehicle. Since 1999, approximately 18 children in North Carolina have died from heat exposure after being left unattended - including one earlier this year.

"The death of a child in a hot car is a tragedy that is totally preventable," said State Health Director Dr. Jeff Engel. "The air inside a car can heat up very quickly. Heat stroke occurs when a person's temperature reaches 104 degrees; 107 degrees is considered lethal. Heat is much more dangerous to children than to adults.”

"When left in a hot vehicle, a young child's temperature may increase as much as five times faster than an adult's body temperature."

Follow these tips to protect your kids this summer:

Never leave a child alone in a vehicle.
When parking your vehicle at home, always lock car doors and trunks, and keep keys out of children's reach. Teach children that cars are not places to play.
Watch children closely around cars, particularly when loading and unloading. Make sure that all children leave the vehicle with you when you reach your destination. Don't forget sleeping infants.
Busy parents have a lot on their minds, so give yourself a reminder. Place your purse, briefcase or other important items in the backseat next to your child's car seat so you have to look in the back before leaving the car. As an alternative, keep a stuffed toy in your child's car seat. When you put your child in the seat, move the toy up front as a reminder.
If you see a child or pet left unattended in a vehicle, call 911 immediately.

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