Wilmington Personal Injury Lawyer - Accidents

Lawsuits Against North Carolina State Employees

Jean Martin — Fri, 22 May 2009 12:14:03 GMT

The government and governmental agencies have protection from lawsuits under the theory of sovereign immunity, which precludes lawsuits against the government without its consent. Governments can waive sovereign immunity to allow for lawsuits.

In 1951, North Carolina adoped the State Tort Claims Act which allows injured persons and grieving families to file suit against state agencies and state employees for acts of negligence. Under the State Tort Claims Act, a state agency, state employees or agents of the state may be sued for injury to another for the negligence and carelessness caused of a state employee or agent acting within the course and scope of their employment.

An action under the State Tort Claims Act must be filed with the North Carolina Industrial Commission within three years of the date the cause of action accrued or within two years of the date of death in the case of a wrongful death. Under the State Tort Claims Act, the liability of the State is determined under the same principles applicable a private person under the laws of North Carolina. This simply means that the State has no greater protection or available defenses than would private citizen who was sued for negligence. As the injured party, although you have to bring your claim in a particular court of law, you have the same rights and claims against the State for the negligence causing the injury as you would if a private citizen would have been at fault.

Types of claims that may be brought under the State Tort Claims Act include:

* medical malpractice at a state hospital

* wrongful death in automobile accident caused by state employee driving a state vehicle

* gross negligence during a police chase

* premises liabilty at a state owned property or facility

Citizens need to be aware that they do have rights to bring lawsuits against the state for negligent acts of state employees or agents.

Originally posted at InjuryBoard by Jean Martin

Child Car Seats - Safety Is A Key

Jean Martin — Tue, 06 May 2008 12:44:24 GMT

So, you’re in the market for a child car seat and you walk into your local retailer only to find dozens of seats on the shelf and no way to make an easy decision. First and foremost, you need to view this purchase as being for a “safety seat” not just a car seat.

But I probably didn’t need to tell you that safety was the number one key, but that also didn’t make your decision any easier. You see a tag that says ‘meets or exceeds FMVSS 213” safety standard so you rush to pick up that particular model. Then you notice that all of the other choices have the same tag. Then you ask yourself how the car seat that sells for $20 can carry the same safety tag as the child seat that sells for $200. You might think that it doesn’t matter, but it does.

In a world of “it will never happen to me,” thousands of children are killed each year due to injuries sustained in a car crash. According to NHTSA statistics, more then 9500 children, from birth through age 8, were killed and almost 1.5 million were injured in motor vehicle crashes from 1991 to 20002. Those are alarming statistics, especially given the laws requiring that children use child restraint car seats. However, the statistics show that properly used child seats can reduce the chance of death in an accident by as much as 71%.

I encourage you to go back home and do some much needed research before you make that most important decision. Read some guides on how to choose a car safety seat. Review the websites of various manufacturers. Research the federal safety guidelines. Have a good understanding of your child’s physical structure, particularly height and weight, and have a general understanding of the anatomical structure of children, particularly the head, neck and abdomen.

To get you started, here is a brief overview of the types of child restraint seats that are available in the United States:

Infant seats – these should only be used in “rear facing” mode. They are designed for use with children who weigh no more than 22 pounds and have reached the age of one. Many of these come with a removable base.

Convertible seats – these can be used in “rear facing” mode with children who weigh no more than 35 pounds and are at least one year old. These seats can be “converted” to forward facing seats for children who weigh up to 65 pounds. These seats are usually available with a tray shield or “T”shield harness.

Low shield booster seats – these seats are no longer being sold, but are still available in the resale markets. These are forward facing seats for children weighing between 30 – 60 pounds. These seats often contain conflicting warnings and instructions with regard to the correct weight range.

Combination seats – these seats are forward facing and are used, with a harness, in children weighing up to 40 pounds. Once the child reaches 40 pounds, then the harness can be removed and the seat relies on the car’s belt system for restraint. These seats should never be used with only a lap belt.

High Back Booster Seats – these are forward facing seats and are generally recommended for children weighing between 20 – 100 pounds. These seats have no built-in harness system, so the car’s belting system must be used. Basically these seats simply raise the child to a level that allows the proper use of the car’s lap/shoulder belt system.

Backless Booster Seats - these seats are very similar to the High Back Booster Seat but they have no back and, thus, no back support. They are not suitable for cars with low seat backs or with no headrests.

Integrated Safety Seats – new model cars comes with “built in” child seats that typically fold down out of the automobile seat. These seats are forward facing only.

As you can see, there are many choices and one size definitely does not fit all. So do your homework before you buy.

Originally posted at InjuryBoard by Jean Martin

Yamaha Rhino ATVs Unsafe

Jean Martin — Tue, 19 Feb 2008 19:48:36 GMT

Since its introduction in 2003, the safety of the Yamaha Rhino has been called into question. With several fatalities, accidents, and serious injuries, the Rhino is considered among the most dangerous all-terrain vehicles (ATV) available to consumers. As an acknowledgement of the accidents that have occurred thus far, Yamaha offered to install doors on all Rhinos as an increased safety measure, free of charge. The doors are meant to prevent riders from sticking out arms or legs during rollover accidents.

The height of the Rhino combined with its narrow wheel base creates a high center of gravity, making the ATV prone to rollover accidents. Even when used at minimum speeds, the Rhino's disproportionate design makes it a hazardous vehicle to operate or ride in. Unlike other ATVs, the Rhino rolls over during turns even at low speeds on flat surfaces because it is top heavy, narrow, and the tires are too small.

Though Yamaha has made alternative safety measures available to customers, still no acknowledgement of responsibility has been made for a faulty design. Yamaha has merely made amendments to the Rhino owner's manual and has offered advice for safer operation. The Rhino is still currently available for purchase, despite its unsafe reputation. Those involved in the unfortunate accidents believed to be attributed to the poor design of the Rhino have suffered from a wide variety of injuries. From severed limbs and head injuries to broken bones and numerous deaths, the list of those who have experienced a traumatic event as a result of the Yamaha Rhino continues to grow.

Originally posted at InjuryBoard by Jean Martin

ATV Rollover Accidents - Yamaha Rhino's Defective Design

Jean Martin — Tue, 19 Feb 2008 18:53:25 GMT

Despite its unsafe reputation, the Yamaha Rhino ATV is still being sold. With several fatalities, accidents, and serious injuries, the Rhino is considered among the most dangerous all-terrain vehicles available. From severed limbs and head injuries to broken bones and numerous deaths, the list of those who have experienced a traumatic event as a result of the Yamaha Rhino continues to grow.

Unlike other ATVs, the Rhino rolls over during turns even at low speeds on flat surfaces because it is top heavy, narrow, and the tires are too small. Even when used at minimum speeds, the Rhino's disproportionate design makes it a hazardous vehicle to operate or ride in.

Though Yamaha has made alternative safety measures available to customers, Yamaha has not changed the basic design of the Rhino or accepted responsibility for the faulty design. Yamaha has merely made amendments to the Rhino owner's manual and has offered advice for safer operation. The Yamaha Rhino ATVs are dangerous and should not be used unless you want to risk being another statistic.

Originally posted at InjuryBoard by Jean Martin

Man Provided Alcohol to Underage Teen Involved in Fatal Accident

Matt Buckmiller — Fri, 31 Aug 2007 14:59:05 GMT

A man from Welcome, NC has been charged with aiding two minors in the purchase of alcohol. One of the minors died in a single-car auto accident when his car overturned. It is suspected that consumption of alcohol played a role in the accident. The minor, a volunteer fire fighter, was to begin his senior year at North Davidson High School.

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

Originally posted at InjuryBoard by Matt Buckmiller

Drunk Driver Kills Father of Two

Matt Buckmiller — Thu, 16 Aug 2007 16:04:23 GMT

A man allegedly driving under the influence killed a father of two this morning in a tragic car accident. The man, Delvin L. Ridgle, has been charged with driving under the influence. Cleveland Lloyd Antonio Mitchell, father of two, was driving with his two children in the early morning on I-95, when Ridgle, apparently traveling at a high rate of speed, moved from the center lane into the left lane striking Mr. Mitchell's car and pushing it into the median, causing it to overturn. Mr. Mitchell died at the scene of the accident.

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

Originally posted at InjuryBoard by Matt Buckmiller

Who/What is Your Personal Injury Attorney?

Gary Shipman — Tue, 12 Jun 2007 12:14:01 GMT

You Deserve the Best"

"We'll Fight for You"

As consumers, we are constantly hearing/seeing television and radio ads from law firms, seeking to have those injured in a car accident, on the job, as the result of medical negligence, or in a nursing home, call their offices.

Those solicitations use persuasive, but often deceptive, "come ons" in an attempt to convince you to make that call. There is nothing wrong with lawyer advertising. Many times, it is the only way that a consumer has the opportunity to know that there are lawyers that can protect their legal rights. But as a consumer, it is important for you to be informed. Just like there is a difference between the quality of a car, there is a difference between the quality of a lawyer.

First, ask appropriate questions. How many cases have you actually tried in court? What is the percentage of cases that your firm handles that are settled? Are you or members of your firm rated by Martindale-Hubbell Law Directory? If you were injured, who would you hire? There are many law firms out there that advertise for cases that won't be able to provide you with impressive answers to those questions.

There are firms that advertise for cases that have never actually tried a case to verdict, or have tried very few. Insurance companies know that; other attorneys know that; judges know that. The ability to successfully resolve a case is dependent upon numerous factors, not the least of which is the experience of the lawyer handling the case. Lawyers who don't try cases aren't viewed as a threat to the insurance companies. On the other hand, lawyers with substantial courtroom experience are viewed as a threat, at least in those cases where liability is clear and the client has substantial damages. Settlement of a case is better than litigation of a case 10 out of 10 times - because the result is certain. Having said that, the best way to maximize recovery in any case is to insure that you have the best lawyer that you can find.

Second, access other resources that are available to you. Do a Google search on the lawyer that you've spoken to. Go to websites like www.lawyers.com, www.bestlawyers.com, www.superlawyers.com and find lawyers in your area that other lawyers rank as being the best.

Third, once you've chosen a lawyer, stay informed. The law firm that is working on your case should provide you with a "warm and fuzzy" feeling that they are acting in your best interest. There should be a strategy that the law firm has for resolving your case, and you should understand what that strategy is. Patience will be your best virtue. Cases don't always move along at the pace that clients believe that they should, for legitimate reasons. But if you don't have answers to your questions, keep asking them until you do.

Finally, when it comes time for you to make a decision about resolving your case, make sure that you are armed with all of the pertinent information. What is the settlement value of my case vs. other cases like mine? What is the jury value of my case? How long will it take to get my case to trial? What are the costs and expenses that I will be charged if my case goes to trial? What are the strengths and weaknesses, both factually and legally, with my case? Knowledge is power, and you, as the client, has to be empowered to make the decision about whether to settle your case. It's your case, not your lawyers.

Our firm is consistently, year in and year out, rated as exceptional by our peers. We have substantial trial experience, and therefore, we believe that we're able to maximize the settlement value of the cases that we handle, because insurance companies know what we're capable of doing in the courtroom. Being a trial lawyer is hard work; but that's what we are - trial lawyers. That's not necessarily what other lawyers are, and you should know the difference.

Originally posted at InjuryBoard by Gary Shipman

Who/What is your Personal Injury Attorney?

Gary Shipman — Tue, 12 Jun 2007 10:03:29 GMT

"You Deserve the Best"

"We'll Fight for You"

Originally posted at InjuryBoard by Gary Shipman

Paramedics Hurt in Truck Crash

Christina Cole — Thu, 07 Jun 2007 02:02:48 GMT

Two paramedics were injured when their MEDIC truck overturned at least twice in a trucking accident this morning. "There was certainly potential for serious injuries, we are thankful these guys weren't seriously injured," said a MEDIC spokesman.

The two-person crew was in transit to a call near Charlotte/Douglas International Airport at approximately 11:15 a.m. when the trucked rolled over. Police are investigating, it is currently unclear as to what caused the truck accident.

The truck came to rest on its left side. One of the paramedics were trapped inside and Charlotte Fire Department had to pull the roof off to release him from the vehicle. Both paramedics were transported to Prebysterian Hospital.

Both men were wearing seatbelts thankfully, which prevented more serious injury, especially in a rollover accident.

Although paramedic trucks are top-heavy and susceptible to rollovers, accidents involving MEDIC crews are few and far between.

Originally posted at InjuryBoard by Christina Cole

Man Found Dead in Car After Accident

Christina Cole — Tue, 22 May 2007 01:07:28 GMT

After a car accident, Monday, Police found a young man dead in his vehicle.

The man, 25, was driving a 1998 Chevy Cavalier that was severely damaged in the accident that occurred at 1a.m., near the intersection of Wrightsville Avenue and Floral Parkway, police said.

The car accident is under investigation as officials try to piece together what caused the man to veer off the right side of the road while traveling west on Wrightsville Avenue.

Initial reports indicate his vehicle left the road, crashed into a concrete driveway and became airborne. The vehicle hit a tree, went up on a small hill and crashed into another tree.

When officers arrived at the scene, they found the car on it's side and the roof was crushed. There was no evidence of drugs or alcohol and the man was wearing his seatbelt.

Originally posted at InjuryBoard by Christina Cole