Blog

The major holidays always lead to more drunk drivers on the road in North Carolina and across the U.S. Many of these drunk drivers get into crashes, and some of these crashes can be fatal. According to data from NHTSA’s Fatality Analysis Reporting System, the most DUI fatalities occur on the Fourth of July with 1,192 people dying on that holiday between 2010 and 2017. During those same eight years, 1,105 people died in DUI crashes on Memorial Day, making this the second deadliest holiday. The third was Labor Day, followed by New Year’s, Thanksgiving and Christmas. The DUI fatality rate for the Fourth of July came to 42.4 people per day. That of Thanksgiving and Christmas were, respectively, 27.9 and 27.7. The summer season sees higher numbers of drunk drivers, but even compared to the average summer day, the Fourth of July is dangerous. In 2017, for example, 184 people died in DUI crashes on the Fourth of July weekend. Taking an equivalent period of four to five summer days, the number of DUI fatalities came to 117 on average. The risk for a fatal DUI crash goes up when Independence Day falls on a weekday, particularly Wednesday. The fatality rate is 52 for that day, whereas Saturday has a rate of 36.3. When drunk driving is behind a non-fatal motor vehicle accident, victims may be able to seek compensation from the guilty driver’s auto insurance company. In North Carolina, though, victims are barred from recovering damages if they contribute to the accident. A victim may want a lawyer to evaluate his or her case and ensure that it holds up under this rigorous standard. They may then have their lawyer negotiate on their behalf for a settlement covering medical expenses, lost wages and more.

Advanced Driver Assistance Systems are safety features on new vehicles that are meant to help drivers avoid accidents. New car owners in North Carolina may have already seen the benefits of ADAS for themselves. According to a study from J.D. Power, more than half of new car owners were able to prevent a crash through ADAS in the first 90 days of owning the vehicle. It turns out that 49% avoided a crash thanks to blind spot alert, while 42% could credit backup cameras and parking sensors with it. Backup cameras can be found in all new vehicles. Lastly, 35% of participants in the study said that the forward collision alert or automatic emergency braking helped them avert a crash. The National Highway Transportation Safety Administration, which is responsible for setting vehicle safety standards, supports ADAS and says that these can save the lives of not only drivers but also pedestrians. Some sensors can pick up pedestrians, bicyclists and large animals for drivers who are backing out of parking lots. Other ADAS include lane centering devices and lane departure warning systems. The first keeps a car in its lane, while the other warns a driver not to change lanes without the turn signal. With adaptive cruise control, drivers can maintain a safe speed and distance from other vehicles. However, there are drivers who become complacent when using ADAS, thinking that these devices can take over their responsibilities. When motor vehicle accidents are caused by distracted or drowsy drivers, they can provide the material for a personal injury claim. North Carolina is one of only a few states that follows the rule of contributory negligence; thus, anyone who is deemed even 1% at fault for a crash cannot recover damages. Victims may want a lawyer to evaluate their case.

Loading docks are places where workers will routinely load and unload a variety of heavy or otherwise hazardous materials. Therefore, it is important that measures are taken to ensure their safety at all times. It may be a good idea for companies in North Carolina to make sure that wheel chocks are available whenever items are being offloaded. These devices are designed to ensure that wheels cannot slip or otherwise move while this is happening. Workers should also be taught lifting best practices to avoid strains or sprains. For instance, an employee should know how to lift with their legs to avoid putting undue pressure on their back. Furthermore, a lift or hand truck should be available to those who are lifting especially heavy objects. Anyone who works in a loading or unloading station should receive forklift training. That training should be specific to the type of machines that an individual may be required to use. Training should occur on a regular basis to ensure that workers don’t pick up bad habits. Workers should be given protective equipment for their ears, eyes and face. Special footwear and helmets may also be required depending on the environment a person is working in. Keeping a dock dry and clean can further reduce the chances of a person slipping or falling. Those who are hurt at work may want to apply for workers’ compensation benefits. As part of this process, it will likely be necessary to tell an employer about a workplace injury and how it happened. Once an employer has been made aware of the injury, the employer must take reasonable steps to provide assistance. This may mean giving a worker time off to heal or to see a doctor after being hurt on the job.

According to data maintained by the Insurance Institute for Highway Safety, there were 37,133 motor vehicle accident fatalities in 2017. Drivers in North Carolina should be aware of which vehicles are involved in the most crashes. This information can be helpful when purchasing a car or simply driving down the road. The vehicles that were most likely to be involved in fatal accidents are all sport coupes or small cars. Smaller and lighter cars do not protect occupants as well as larger, heavier vehicles. The U.S. Department of Transportation has a system for gathering and analyzing fatal crash data that’s called the Fatality Analysis Reporting System. According to FARS, the vehicle most likely to be involved in a fatal crash from the model years 2013 to 2017 is the Mitsubishi Mirage. The Chevy Corvette was second while the Honda Fit landed at No. 3. According to the CEO of iSeeCars, subcompacts have a fatal crash rate of 4.5 cars for every billion miles traveled. This is more than double the overall rate for all cars. Larger vehicles like trucks and SUVs have a lower fatal crash rate than small cars. Within the SUV subcategory, larger SUVs have lower fatal crash rates than smaller models. This is also true within the pickup truck category. Generally speaking, the cars that had the highest death rates were also the ones that earned poor crash test scores, especially on IIHS tests. A lack of safety features can increase the severity of crash injuries. Someone who has been hurt in a motor vehicle accident may be able to recover for lost wages, pain and suffering, medical expenses or other damages. A personal injury lawyer could help by identifying parties who are liable. Legal counsel may also handle all the negotiations with the insurance companies.

An online study by Wakefield Research that involved nearly 2,000 U.S. drivers and has revealed some interesting trends regarding distracted driving. North Carolina residents should know that nearly half responded that distracted driving is a top concern with them. All but 1% recognized the danger of cellphone use behind the wheel, and 89% percent were quick to criticize ride-hailing drivers who text. Yet many respondents themselves drove distracted. Participants admitted to using their cellphones for an overall average of 13 minutes per day while behind the wheel. Perhaps even more concerning, almost two in five said they would not bother to put down their cellphones if law enforcement was nearby. Nevertheless, 90% considered themselves better motorists than ride-hailing workers for companies like Lyft and Uber. What some also find hard to believe is the types of phone-related distractions that respondents admitted to. Just over half said group chats, which includes text and email chains with multiple people, were their most frequent source of distraction. A third said social was the most tempting distraction. Root Insurance recently shared the study’s results. The auto insurer claims that scare tactics cannot ultimately be effective against distracted driving. This may be one reason why Root offers insurance discounts for drivers who refrain from cellphone use. Someone who has been hurt in a motor vehicle accident caused by a negligent driver might want to take legal action. A lawyer could help make sure that the victim’s case is strong. Legal counsel may handle all negotiations for a settlement, taking the matter to court if these fall through.

OSHA safety codes are designed to prevent workplace accidents in North Carolina and throughout the country. These rules normally focus on a specific task per rule, such as the height of an electrical outlet from the floor. But a new rule takes a more comprehensive approach to the workplace. National Fire Prevention Association Rule 70E focuses on a work zone rather than a single task. The rule was created pursuant to a request from OSHA to help eliminate electrical hazards. It is not a single rule, but a series of rules. It focuses on setting up, implementing and management of a work zone. Rule 70E institutes a walkthrough prior to commencing work to identify potential hazards and how to best organize the work zone. As a part of organizing the work area, the goal is to prevent immediate contact with exposed electrical circuits as well as minimize the damage from electrical arcing. The rule should be seen as a work method where the supervisor takes into account physical space, human interaction, ergonomics and many other factors. Though safety is a goal of the new rule, a byproduct is work efficiency. Poor job site planning is a common reason for inefficiency during construction. When a supervisor is required to preplan the worksite, however, there is generally less backtracking due to avoidable situations. Despite OSHA rules, workplace injuries are still relatively prevalent in the U.S. The person who suffers the most is the injured worker. North Carolina has a workers’ compensation program in effect to help out inured employees. However, some workers get denied the benefits they deserve. This is where an attorney could help with the appeals process.

Truckers are highly susceptible to back injuries that could end their careers. These injuries can be chronic, life-altering and expensive to treat without compensation. Your employer should be taking steps to protect you from injury, and if they do not, you should know your legal options. According to North Carolina law, even if you are an independent contractor with a trucking company you must be covered by a form of workers’ compensation insurance. Back injuries are common among people who sit for a majority of their day, including vehicle operators. A common injury with mysterious origins Back injuries can happen in several situations. Pushing, lifting, twisting or bending repeatedly while carrying heavy loads can create or aggravate a pre-existing condition. Poor posture can also affect your musculoskeletal system. In addition, people who drive agricultural equipment or commercial vehicles for a living are susceptible to Whole Body Vibrations (WBV) for extended periods of time that can exceed OSHA’s safe exposure limits. These vibrations have been shown to affect the body in the following ways: Increase physical fatigue Increase mental fatigue Increase discomfort in lower back, forearms and wrists The direct link between WBV and back pain isn’t fully understood but the consequences of fatigue are well-documented. Drowsiness at the wheel, decreased reaction time, decreased productivity, irritable mood and pain can create dangerous road conditions. Possible solutions Many vehicles have a seat installed that uses a form of partial/passive suspension to minimize WBV exposure. These can be found in busses, trucks, agricultural equipment and other commercial vehicles. These seats usually abide by OSHA’s standards for WBV exposure. A recent study found that new seats with “active suspension” reduce a driver’s exposure to WBV by 33 percent from the OSHA standard and resulted in operators feeling less fatigue and less discomfort. If your back is hurting, it can be difficult to maintain a normal and healthy lifestyle. In addition to stretching, resting and following other health guidelines from doctors and employers, it is important to report any workplace injury immediately. Start receiving appropriate medical treatment as soon as possible so you can keep doing what you love for years to come.

Employers in North Carolina should make sure that their electrical systems are working properly. If not, employees could incur catastrophic injuries, some of which could be fatal. A lack of proper grounding or bonding systems could also result in downtime concerns that could put companies at a competitive disadvantage. If the downtime occurs in a 911 call center or other emergency facility, it could put the entire community at risk. To prevent this from happening, it is important to comply with the National Electrical Code. Ideally, businesses and emergency centers will go above and beyond those requirements. This is because it is not always the best or easiest system to employ. Therefore, it should be seen as a starting point to keep electrical damage to a minimum. It is similar to how meeting OHSA safety requirements should be a starting point as opposed to an end goal. In many cases, upgrades are relatively affordable, and they can save money in the long run as well. For example, some buildings can be made safer simply by changing out existing wires for new ones. Adding or rearranging branch circuits can also reduce the chances of an electrical issue occurring. One company that was losing $1 million per year in electrical damage spent $500,000 to make necessary changes. After appropriate changes were made, there were significantly fewer issues with equipment damage. People who are injured on the job often need extensive medical care and treatment. Most employers are required to carry workers’ compensation insurance, and injured victims might want to have legal assistance when filing a claim for benefits that could include the payment of those medical bills.

Perhaps you work road construction. You stop to begin your work on the side of a busy highway. Although clear road signs are displayed to notify drivers to slow down, one distracted driver misses the sign and hits you. You suffer serious injuries and cannot work for a period of time. Many construction employees know that they can receive significant workers’ compensation if they face injuries on the job. If their injuries inhibit their ability to work, their employer must pay for medical expenses and a loss of income. Yet many construction workers do not know that if a third-party individual injured them while working, they may file a second claim against the culprit. In these cases, you can file a workers’ compensation claim against your employer’s insurance, as well as a personal injury claim against the driver that injured you. Especially when dealing with multiple claims, it is important to seek the expertise of an attorney, so that he or she can help you in obtaining your maximum compensation. Workers’ compensation and personal injury benefits According to North Carolina law, filing a workers’ compensation claim against your employer’s insurance can provide you with the necessary funds to recover as quickly as possible from your injuries. Some compensation may include: Hospital and medical expenses Prescription medication Rehabilitative care Loss of income Temporary or permanent disability While these benefits may prove great, you also have the authority to file a personal injury claim with the driver’s insurance. Depending on the severity of your injuries and your request for compensation, a court may subject the driver to additionally pay for your injury expenses. In North Carolina, an employer can retrieve some of your awarded personal injury compensation to reimburse their original workers’ compensation payment to you through a lien process. The employer must wait at least 12 months after you accept their workers’ compensation offer to file the lien. Due to the complexity of the process of filing two claims, it is essential to hire an attorney to help you present evidence and receive the most compensation possible.

Drivers who text while behind the wheel in North Carolina can be fined $100, but they are assessed no driver’s license points and face no auto insurance surcharges. Road safety advocates say that penalties like this do little to deter behavior that is thought to be a major factor in surging traffic accident fatalities. Figures from the National Highway Traffic Safety Administration suggest that distracted driving accidents claimed 3,450 lives in 2016, but advocacy groups believe that the problem is underreported and the true death toll is actually much higher. The reason that distraction may be underreported is because the behavior leaves no obvious clues for law enforcement. Lawmakers in Nevada are debating whether a device known as a textalyzer could provide such evidence. The device plugs into a cellphone and reveals whether a driver was swiping or typing when they crashed. The Israeli company behind the textalyzer says the device does not access or gather any sensitive personal information, but this assurance does not impress groups like the American Civil Liberties Union. In 2017, a similar bill to the one being discussed in Nevada was rejected by lawmakers in New York due largely to concerns over privacy. A modified version of that legislation is now being debated. No police departments currently use the technology. The kind of data accessed by the textalyzer often plays an important role in motor vehicle accident litigation when distraction may have played a role. When the defendants in these lawsuits are unwilling to turn over their wireless service records, experienced personal injury attorneys may seek to obtain them with a subpoena. Other evidence that might lead a jury to believe a driver was distracted includes information stored on automobile black boxes revealing that they took no evasive action. Source: North Carolina Legislature, § 20-137.4A. Unlawful use of mobile telephone for text messaging or electronic mail.

The risk of being involved in a car accident is significant on nearly any road in the United States. And you don’t even need to be in a car to be at risk. Pedestrian accidents continue to be a major problem nationwide, and the problem seems to be getting worse for about half the country. That’s according to a report by the Governors Highway Safety Association (GHSA). The report showed that during the first six months of 2018, pedestrian fatalities rose in 25 states, compared to the same time period a year earlier. That includes North Carolina, where pedestrian accident fatalities increased by 23 percent. Our state was ranked 12th in the nation for increases in pedestrian deaths in the first half of 2018. The total number of fatalities for that six-month period was 102 statewide. Alarmingly, fatal pedestrian accidents nationwide have increased recently despite a 6 percent drop in all other traffic-related deaths. There are numerous factors to explain the increase, according to the GHSA. They include: Distracted driving Distracted pedestrians Alcohol impairment An increase in foot traffic on infrastructure designed primarily for cars An increase in the number of SUVs on the road Everyone is responsible for traveling safely on shared roads, including drivers, bikers and pedestrians. But drivers have an especially large responsibility in light of the dangers they pose to pedestrians and bicyclists. As the report’s author noted about the plight of pedestrians: “Crossing the street should not be a death sentence.” Too often, serious injuries and fatalities are dismissed simply as the costs of getting around. But that should never be the case. If you have been seriously injured or a loved one has been killed by a negligent driver, please discuss your rights and legal options with an experienced personal injury attorney.

Car accidents are disorienting. Suddenly you’re worried over potential injuries, repair costs, insurance, getting to work and more. In this flurry of questions and confusion, it can be challenging to focus on the important steps you need to take. In the aftermath of a car accident, follow these four steps to ensure you are within your legal rights. Report the car accident According with North Carolina law, you must contact the police about a car accident if: Any person was injured or killed There is more than $1,000 in property damage Your insurance company requires it The city law requires it As a rule of thumb, it is usually best to contact the police for any vehicle accident, so that a police report can be made. This report prevents parties involved from changing their story later on. Avoid claiming any fault for the accident Remember not to apologize or assume any fault for the accident at the scene. North Carolina negligence laws follow the doctrine of contributory negligence, which bars recovery by the plaintiff if he or she is partially at fault. This means even if you have been injured, you may not be eligible for compensation if you are attributed with partial fault for the incident. Following a car accident, you may not realize all of the components involved in the incident, so you should be careful not to admit things at the scene. The other driver’s insurance company will not hesitate to use anything you say against you. You are not required to answer any questions asked by the other party’s insurance company. Consider consulting an attorney about answering these questions on your behalf. Seek medical attention Victims of car accidents may experience delayed injuries. You should always seek medical attention after a car accident and keep record of your diagnosis, injuries and treatment. These will be of use to recover costs in a personal injury case. Those who “tough it out” by not going to a doctor after an injury are punished by a system that treats delay in treatment as evidence that they weren’t injured. Get legal help within the time limit Because North Carolina is strict about which circumstances warrant personal injury compensation after a car accident, it is important that you contact an attorney to file for an injury or damage to property claim within the time allowed. The time limits can be complicated, so you should consult a lawyer very soon after your accident, if you have any questions.