Archive for the ‘Auto Accidents’ Category

Bicycling – Great for the body…until a car comes along.

The high cost of gasoline and a desire for a healthier lifestyle are driving (no pun intended) many to seek out alternative ways to get to their destination. One of the more popular methods has become bicycling, particularly in urban and suburban areas.

Unfortunately, as more cyclists are hitting the road, we’re also seeing an increase in cyclists getting hit by cars and trucks – and maybe not getting up. Bicyclist deaths jumped 8.7 percent in 2011, despite the fact that traffic fatalities overall dropped their lowest since 1949.

One of the greatest challenges cyclists face is that not all roads are bicycle-friendly, causing tension between motorists and bicyclists as they have to fight for road space. Also, bicyclists aren’t required to follow traffic signals the same way cars do, so drivers sometimes fail to see a cyclist or predict when they’re going to turn. And many drivers are not familiar with bicycle hand signals and behaviors. All of these factors are combined can create dangerous conditions for drivers and cyclists.

The Minneapolis solution
Some cities, like Minneapolis, are taking the lead in redeveloping roads to make them “bike-friendly” but this trend hasn’t quite caught on nationwide. Minneapolis recently reported that, from 2007-2012, the number of bicyclists on their roads has increased by 56% and their fatality numbers have dropped.

Hurt on a bike?
Bikers are likely to be severely hurt during an accident, since they are traveling with little protection. If you have been the victim in a bicycling accident, you may be entitled to compensation for lost wages and costly medical bills.

Go with a North Carolina personal injury law firm committed to fighting for results. Contact the Law Offices of James Scott Farrin at 1-866-900-7078.

NC-VA Pileup Nearly 100 Cars Deep

In late March/early April, reports circulated across several major news sources about a pileup of nearly 95 vehicles at the mountainous of the North Carolina-Virginia border. Casualties included a Duke University student and a resident of Iron Station, North Carolina. In addition to these deaths, 25 people were reported injured.

The accident was prompted by a heavy fog, but according to authorities in a report by CBS, most of the drivers were simply driving too fast for the conditions. Authorities further determined that there were 17 separate crashes that contributed to the wreckage.

CBS further reported that there have been at least six such pileups in the same area since 1997, but the 95 car pile-up on March 31st, was the deadliest.

1% fault could = no compensation in NC
Whenever someone is involved in car crash in NC, it may be important to hire a personal injury attorney because “fault” can play a substantial part in their ability to recover compensation. Under North Carolina’s “Contributory Negligence” law, if you’re found to be even 1% at fault in an accident, you could be barred from any recovery.

If you, or someone you love, have been injured in a car accident, time is not on your side – call the Law Offices of James Scott Farrin today at 1-866-900-7078.

We’ve helped over 20,000 injured North Carolinians with their claims and we may be able to help you too. Let us put our team of 19 NC car accident attorneys and over 100 professional staff to work for you. Click here to see what our clients have to say.

NC listed in “Top 10 Most Dangerous Roads”

The “Tail of the Dragon”
A recent list names North Carolina’s highway US 129 one of ten the most dangerous roads in the United States.

Specifically, the list mentions an 11 mile stretch of US 129, sometimes referred to as the “Tail of the Dragon”. The nickname comes from the fact that there are 318 winding curves on this stretch alone. For the complete list, visit Upack.com.

Trucking accidents
Curves can be especially dangerous for truck drivers because they can’t accelerate at a regular speed. Instead, they are generally accelerating and braking at every single curve. This makes it challenging for cars behind truckers on the road, because it requires constant attention and reactions. And more novice truckers may not be familiar with the kind of strategies it takes to maneuver a road like US 129.

In addition, trucks tend to drift into other lanes while negotiating sharp curves. For oncoming traffic, this is incredibly dangerous. And since the narrowness of US 129 doesn’t allow for much shoulder space to move out of the way of a drifting truck, it can lead to deadly accidents.

If you’ve been in an accident with a truck
Trucking accidents can occur for a number of reasons, ranging from driver distraction, fatigue or driving under the influence (DUI). And being involved in an accident with a truck is especially dangerous because of their sheer size.

If you’ve been the victim of a trucking accident in North Carolina, we advise you to reach out to an attorney to discuss your case. At the Law Offices of James Scott Farrin, we’re available 24/7 to discuss your case. Click here to meet our team of NC truck accident attorneys.

Common Car Accident Definitions

Common types of car accidents can vary significantly based on location and weather, but there are several commonalities in how they’re defined. Here are a few:

Rear-End Collisions
Often a rear-end collision is the result of one car following another car too closely. If the front car makes a sudden stop, the driver behind cannot initiate the brakes quickly enough, resulting in an accident. Injuries typically resulting from this type of accident include whiplash and back pain from the sudden impact of being thrown forward and then slamming back into the seat.

Failure to Complete a Proper Left Turn
This occurs when one driver is safely operating their vehicle and another driver does not take into account their proximity and makes an unsafe left turn. Particularly at lights without a green arrow for left turns, drivers often misjudge the speed of oncoming traffic and end up slamming into other drivers they didn’t see coming. These can be incredibly serious accidents, resulting in significant injuries. 

Failure to Stop
Especially if the driver is under the influence of alcohol or other drugs, stop signs and red lights may be ignored entirely. If the driver is impaired, their ability to accurately judge the situation has disappeared. While other drivers are using the green light legally, an impaired driver (or distracted driver) might slide through the light, causing sudden impact between the vehicles. If both cars are operating at a top speed, the injuries from these accidents can be very serious.

If you’ve been in an accident
A car accident can be an incredibly difficult emotional and physical experience. Many of the injuries resulting from a car accident aren’t apparent immediately and their effects can last for several months or even years. Ultimately, these injuries can affect your ability to work and do the things you enjoyed prior to the accident.

Click here for a step-by-step list of what to do if you’re ever involved in an accident (this is a great glove compartment resource!). If you’ve already been the victim of an automobile accident, you should discuss your case with an attorney to try and make sure all your rights are protected. Contact the Law Offices of James Scott Farrin today – 1-866-900-7078.

Will Faster School Busses = Safer Roads?

Sick of being stuck
There’s a push in the North Carolina House to help school busses go faster, courtesy of first-year legislator, Mark Brody. Brody is sick of being stuck behind busses going well below the speed limit, especially on the interstate, and he believes they pose a dangerous problem to drivers around them.

The current NC state law caps the speed at 45 miles per hour for any busses carrying children. For cars surrounding the bus going 60 miles per hour or faster, this speed cap can cause delays and even accidents.

Concerns voiced
One concern is when there are patches of jammed traffic, like those often surrounding school busses, accidents can easily occur from drivers not adjusting their speed in time to avoid rear-ending the slower or stopped cars – all it takes it one distracted driver to cause a pile-up.

A secondary concern is that vehicles approaching a slow-moving school bus are more likely to swerve into the left lane in an attempt to pass. This acceleration and brake behavior in high-speed environments can increase the probability of an ill-timed left lane veer and result in a variety of accidents.

Brody’s bill
For those who see slow-moving busses as a hazard, it’s a necessity to increase the busses’ speed to fit in with the general flow of traffic. Although the drivers are allowed to exceed the 45 miles per hour cap when children are not onboard, the majority of busses are engineered not to exceed 45 miles per hour, even if the driver wanted to. Brody’s bill would increase the school buses top speed to 55 miles per hour.

It’s unknown whether changing the speed limit for busses will affect the safety of the children on board. According to Brody, statistics are difficult to compile, because accidents resulting from these types of situations don’t typically involve the bus itself. However, surrounding states cap their busses’ speeds at 55 and even 60 miles per hour.

If you’ve been hurt
If a negligent driver has injured you, or a loved one, contact an attorney to discuss your case today. Call the Law Offices of James Scott Farrin at 1-866-900-7078. Click here to learn why it’s important to hire a qualified North Carolina car accident lawyer.

Legislators get serious about texting and driving

LOL – Lots of Loss
Texting and driving – we all know it’s a “no, no,” but as drivers continue to ignore warnings, legislators are getting serious about enforcing the rule.

“Distractions while driving” has been part of mainstream conversation about accident causes for years. Whether it’s eating, changing the radio station, or talking on a cell phone, research supports the idea that these drivers bring serious risk to the road.

According to textinganddrivingsafety.com, texting while driving accounts for:

  • 1,600,000 accidents per year;
  • 330,000 injuries per year;
  • 11 teen deaths every day;
  • And nearly 25% of all car accidents

Legislative response
That’s a lot of death and destruction that could have easily been prevented. So what are legislators doing about it? A few recent changes to laws in many states have been:

  • Disallowing talking verbally on the phone, without a hands-free device;
  • Prohibiting all cell phone use, handheld or hands-free;
  • And considering cell phone usage while driving a “primary offense,” (meaning you can be pulled over specifically for it, without the officer citing an additional reason).

NC’s laws on texting and driving
In North Carolina, all drivers are prohibited from texting while driving and it is a primary offense. Only school bus and novice drivers are prohibited from all cell phone usage, both handheld and hands-free.

Harmed by a distracted driver?
Cell phone usage is such a grave issue because each accident it causes could have been prevented. If you, or someone you love, were a victim of a distracted driver’s negligence, take action now – call the Law Offices of James Scott Farrin at 1-866-900-7078.

We’re tired of seeing people injured, or killed, as the result of cell phone use. If you have been injured by a distracted driver, don’t become a victim of their insurance company as well – make sure your rights are protected, contact us today. Representatives are available 24 hours a day, 7 days a week to offer a no-cost evaluation of your case.

Wake County School Bus Driver Injured in Car Accident

Early in April, a Wake County school bus driver was taken to the hospital for injuries received after being hit by a car that ran through a stop sign at Wilmington Street and Pecan Road in Raleigh, North Carolina, according to a report by WRAL. Fortunately, no children were on board.

Bus drivers for county school systems have the ever-important task of keeping their passengers, and themselves, safe. When someone is injured in a car or truck accident while on the job, they may be entitled to workers’ compensation. And, if the accident was not their fault, they may have grounds for a personal injury claim as well. Fault is not typically a factor for workers’ compensation.

If you’ve been injured at work, you may have a personal injury case (in addition to your workers’ compensation claim) if:

  1. Your injuries/damages sustained a work were the result of a defective product.
  2. A third party (meaning a person who is not also employed with your company) is responsible for your accident.
  3. Under certain circumstances, a parent corporation might be held liable for negligent action of its subsidiaries.

However, there may be other extenuating circumstances that could result in a basis for a personal injury claim, in addition to your workers’ compensation claim. If you’ve been injured at work, you may need an attorney to fight on your behalf, for all the benefits you may need.

If you’ve been injured at work, you need to protect all of your rights. Contact the Law Offices of James Scott Farrin right now for a free and confidential case evaluation. One of our three NC Board Certified Workers’ Compensation Specialists may be able to help you.

An Overview of North Carolina Safe Driving Rules

11
Feb 2013
By: James Farrin Law

Our Durham, NC accident attorneys encounter clients every day who have been victims of accidents, and we have seen first-hand the devastating consequences that an auto accident can bring to victims and to their families. Auto accidents can cause serious medical problems, ongoing pain and suffering, property damage and huge medical bills and other expenses.

With the consequences of auto accidents being so serious, we believe that North Carolina should do everything possible to make the roads safer for drivers. This means having adequate safety laws and regulations in place to prevent drivers from engaging in dangerous and destructive behavior. Recently, the Advocates for Highway and Auto Safety launched its 10th annual summary of safety laws across the United States. Take a look at how North Carolina measures up.

North Carolina Driving Safety Laws and Regulations
The Advocates for Highway and Auto Safety gave each state a color rating indicating whether the state has done enough to pass highway safety laws. North Carolina got the top rating – green – which indicates that the state has a good overall safety rating and has passed many important laws aimed at improving driver safety. The Advocates also broke down exactly where North Carolina excelled and where the state fell short:

  • North Carolina got credit for having a primary enforcement seat belt law in place. This just means law enforcement can ticket/cite you for not wearing a belt without needing some other reason to pull you over.
  • North Carolina got full credit both for requiring all motorcycle riders to wear helmets and for having a booster seat law in place.
  • North Carolina does not have a minimum age of 16 for a permit nor a minimum age of 18 for an unrestricted license so didn’t get credit in either of these two categories.
  • North Carolina does require new teen drivers to have between 30-50 hours of supervised driving. We also impose restrictions on driving at night or with too many passengers, both laws were full credit when it comes to teen safe driving.
  • North Carolina has a statewide ban on texting for all drivers and has cell phone restrictions for teen drivers, so received full credit on these safety issues.
  • North Carolina doesn’t require ignition interlock devices for all DUI offenders and didn’t get any points here.
  • North Carolina does have some tough DUI laws, despite its ignition interlock policy. We got credit for requiring a mandatory BAC test; and for our child-endangerment law and open container laws.

As this summary shows, North Carolina has passed many laws intended to make sure that drivers are safe on the roads. Drivers should obey these legal requirements in order to minimize the risk of auto accidents and to avoid putting themselves or other drivers in danger.

Further, while North Carolina allows teens to drive at younger ages than recommended, parents should carefully monitor their teens driving activities to make sure that these young drivers are making smart and careful choices behind the wheel in order to ensure their safety.

If you’ve been injured, contact the Law Offices of James Scott Farrin for a free and confidential consultation. Call 1-866-900-7078.

If I’m in an accident that is partly my fault, can I still file a claim?

Accidents are often caused by a number of factors. For example, someone may have hit you because of running a red light, but you may have been speeding when you passed through the intersection. It could be argued that you are partially responsible since you may not have passed through the intersection at that moment if you had not been speeding.

You may think that you do not have a claim if you were found to be partially responsible for the accident. As North Carolina Personal Injury Attorney Mike Jordan explains, in North Carolina, that is usually true, though there may be some exceptions.
North Carolina recognizes “contributory negligence,” which says that if you are at fault even 1 percent in an accident, you cannot recover damages from the other driver.

However, North Carolina also allows for some exceptions to this rule. The “Last Clear Chance” doctrine states that if a driver had an opportunity to avoid the accident but did not take advantage of that opportunity, then that person is truly at fault. The Last Clear Chance doctrine assigns fault even if it could be argued you may have contributed in part to the accident.

Even if you were determined to have potential contributory negligence in an accident, the Last Clear Chance doctrine may make it possible for you to pursue a claim to recover damages from the at-fault driver.

North Carolina Personal Injury Lawyers

If you have been in an accident and you have any questions about whether you have a claim, a North Carolina personal injury lawyer at the Law Offices of James Scott Farrin may be able to help you determine what your legal rights may be. Call 1-866-900-7078 for a free evaluation of your case. Don’t let a misunderstanding of the law keep you from getting the compensation that you may deserve.

How to Prepare Your Car for Winter Driving

As the temperatures drop outside, driving conditions can become more dangerous. Snow and ice make the roads slicker, increasing your chances of getting into an accident with another vehicle or skidding off the road into a ditch or, worse, a tree or a building.

It is important to prepare your car for the winter weather so that you can travel safely throughout the season. Here are a few tips for you can prepare your car for winter driving:

Check the Tires

When you’re driving over heavy snow or slick ice, it is important to have the proper tread on your tires so you don’t skid all over the road or become stuck. Check your tires for any thinning tread, bald patches, or bulging. If any of these are present, you should replace the tire. Be sure to follow up with a tire rotation to make sure you get even wear from your tires.

Check the Fluids

It is always important to make sure your vehicle has adequate levels of all the necessary fluids, but it is even more important when you’re driving in the winter. Without adequate levels of brake fluid, you could take even longer to stop on an icy road. If your steering fluid drops too low, it could be hard for you to react quickly to another vehicle skidding out of control in front of you.

Make sure you check these and other fluids regularly to make sure that your car is in top working condition.

Check the Headlights and Brake Lights

Visibility will already be diminished in the winter, when the days are shorter and fog, snow, or just generally cloudy and dreary conditions persist. Make sure that all your lights are in working order to make sure you can see well when you’re on the road. Also be sure to check for any cracks or damages to the area around the light that could impair your visibility.

Change Your Wiper Fluid

Water freezes – that includes your water-based wiper fluid. You can choose a wiper fluid that won’t freeze that can help you to clear frost, ice, dirt, and other debris from your windshield so you always have a clear view when you’re driving. You might also consider heavier wiper blades that are made for winter weather conditions.

Wax Your Car

This step won’t help you stay safer on the road, but it will protect your car. The salt, sand, dirt, and other grime that accumulates on the road to keep it free of snow and ice will eventually accumulate on your car and will eat away at the paint job. You can protect your car by giving it a fresh coat of wax at the beginning of the season and by keeping it clean.

Use Weather-Proof Mats

Here’s another one to protect your car itself: Getting in out of the car so often, you are bound to track in snow, ice, salt, and even mud. Your carpets can take a beating. You can easily protect them by using weather-proof mats throughout the season. Switch back to your regular carpets when the ice has finally thawed out for good.

Preparing your car for the winter weather can help to keep you safer on the roads, and it can also help you to protect the investment you have made in your car. Follow these practical tips to get your car ready for the season, and you will improve the safety of your family all winter long.