Attorney Blog

N.C. texting case illustrates "perfect storm" of danger

Wed, 27 Jul 2011 08:00:00 EST

In what may be the first court case involving North Carolina’s two-year texting ban, Andrew James Watkins, age 25, pleaded guilty to misdemeanor death by vehicle this past week.

The accident, which took place in Asheville, N.C., in August of 2010, took the life of Joel Severson, 39. Watkins, while distracted by texting, veered out of his lane and hit Severson’s motorcycle.

Watkins was given a 60-day suspended sentence, 200 hours of community service and fined $1,000. He also was required not to use or possess a cell phone while driving.

According to the U.S. Department of Transportation, in 2009 5,474 people were killed on U.S. roadways and an estimated 448,000 were injured in crashes that were reported to have involved distracted driving.

Texting is one of the worst distractions possible. It takes the drivers eyes, hands and mind off of driving - what one official called a "perfect storm" of distraction. A study on texting by the Insurance Institute for Highway Safety found that texting drivers are 23 times more likely to crash or be involved in a near-crash.

N.C. texting case illustrates "perfect storm" of danger

Wed, 27 Jul 2011 08:00:00 EST

In what may be the first court case involving North Carolina’s two-year texting ban, Andrew James Watkins, age 25, pleaded guilty to misdemeanor death by vehicle this past week.

The accident, which took place in Asheville, N.C., in August of 2010, took the life of Joel Severson, 39. Watkins, while distracted by texting, veered out of his lane and hit Severson's motorcycle.

Watkins was given a 60-day suspended sentence, 200 hours of community service and fined $1,000. He also was required not to use or possess a cell phone while driving.

Using a cell phone use while driving, whether it’s hand-held or hands-free, delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.

But texting is even worse. A study on texting by the Insurance Institute for Highway Safety found that texting drivers are 23 times more likely to crash or be involved in a near-crash.

“As dangerous as talking on the phone appears to be, texting is one of the most dangerous things a person can do behind the wheel,” said Arthur Goodwin, a researcher at the Highway Safety Research Center in Chapel Hill. “It takes your hands, your eyes, and your brains — the perfect storm, from a highway safety point of view.”

Drivers should also remember that these criteria apply to GPS devices as well. It’s all too tempting to program your destination while driving down the highway. And all too dangerous.

North Carolina’s ban on texting while driving was passed in 2009. Thirty-three other states have enacted bans on texting while driving. The other 16 should get on board.

Drug-influenced trucker destroys 3 lives in North Carolina

Fri, 08 Jul 2011 08:00:00 EST

A terrible crash on Interstate 40 in North Carolina on Thursday, June 30, 2011 took the lives of three people. It is an example of the wrong person being behind the wheel of a tractor-trailer.

Ronald Eugene Graybeal, age 50, of Newport, Tennessee, failed to react to slowing traffic on the congested highway at the 15-501 exit between Durham and Chapel Hill. He slammed into a Ford F-250 pickup truck driven by John Hall Llanio, 38, of Kannapolis. He then hit a Chevy Equinox being driven by a Barbara Boda Caldwell, 64, of Mebane, and then hit a vehicle driven by Gary Dwayne Smith, 45, of Burlington. Finally, he hit a box truck driven a Greensboro man, Reginald Keith Thompson, 45, who fortunately survived.

Channel 11 WTVD and the NCDOT documented the horrific destruction extensively.

^{An overview shows the magnitude of the crash scene.}

^{A pickup truck was crushed like an accordion by the tremendous impact.}

^{One vehicle was burned so badly the make of it could not be determined.}

State troopers said that Graybeal was under the influence of methadone and marijuana. He was charged with multiple crimes, including two counts of felony death by vehicle, one count of misdemeanor death by vehicle, driving while impaired, and possession of drugs.

He is currently in jail under $600,000 bond.

Graybeal has spent good a number of years in prison for crimes including rape and burglary.

The trucking company Graybeal was driving for, Hawley Transport, based in Tennessee, has some problems on its record. According to records with the Federal Motor Carrier Safety Administration, the company scored 81.4 percent on driver fatigue. That means only 18.6 percent of all other trucking companies on the road

^{Ronald Eugene Graybeal}

have a have a worse record of that problem. In 11 fatigue cases, inspectors pulled Hawley Transport drivers out of service. Trucks owned by Hawley, which has 10 trucks and 10 drivers, were involved in two crashes in early 2010. Eight drivers committed traffic violations.

Graybeal’s boss told Channel 11 WTVD that Graybeal had taken random drug tests and passed every one. She said that the company had been told Graybeal had a prescription for methadone for pain.

Still, it goes without saying that a trucking company should take more care with the selection of its employees.

Who will be held responsible for the destruction of these three lives, and the anguish of their families?

N.C. State Wolfpack star Lorenzo Charles dies in bus crash

Tue, 28 Jun 2011 08:00:00 EST

It always strikes a chord in our feelings when sports stars die, especially when they die before their time.

Lorenzo Emile Charles was 47 years old. He was, of course, the player on the famed Cardiac Pack basketball who dunked the winning shot that brought glory and the NCAA championship to North Carolina State University in 1983.

It’s been called the most famous basket in college basketball history.

Charles died Monday in a when the bus he was driving wrecked on Interstate 40 in Raleigh, North Carolina. He was the only person on the bus.

Tire tracks indicate that the bus veered off the interstate, went down a hill and crashed into a stand of trees. According to one report, a passerby tried to save Charles with CPR.

For the Wolfpack family, the news is difficult to take. “It’s just too hard to accept – he was too young,” said teammate Derek Whittenburg.
Even though I’m a Carolina graduate, I always had a grudging respect for State. Winning is sweeter by far when you face a worthy opponent.

And the Pack’s 1983 run was legendary. (Though allow me to mention that the year before, the Tar Heels won the

^{Lorenzo Charles makes his historic dunk to win}

^{the 1983 NCAA Championship / N.C. State photo}

NCAA title.)

The Wolfpack finished the regular season 8-6 in the ACC and 17-10 overall. Then they turned around and won the ACC tournament. That was amazing enough.

To then win the NCAA championship was a miracle. No other team with 10 losses has ever won the title.

In seven of their last nine wins the Cardiac Pack was behind in the last minute. Charles scored the final points in three of those nine victories.

In his senior year, Charles won first-team All-ACC and All-America honors. Yet he never let his achievements or his most famous play go to his head. Said Whittenburg: “That’s just what a humble guy he is. He was just a quiet, easy-going guy who loved to have fun and was great to be around.”

Lorenzo Charles was one of the athletes who thrilled so many fans of ACC basketball in those days. His death is a loss that came too soon.

What made John Edwards smile?

Thu, 16 Jun 2011 08:00:00 EST

What does John Edwards know that we don’t know?

Why, as he faces the most important court case in his life, is he wearing this grin in his mugshot?

Given his vast experience as a lawyer, Edwards knows the value of focus groups. Attorneys use focus groups to predict the outcome of a case. They gather small groups of people to serve as a jury and put on a moot court trial before them. The focus groups’ verdict is strong indication of the real verdict. When several focus groups make the same decision, it is a very strong indicator of a real jury’s verdict.

Edwards’ most important case will be his trial on six charges of campaign finance fraud. He has turned down plea deals that would get him just six months prison time. If he loses, he’s looking at 30 years in a federal prison.

He is smiling because he does not expect to lose.

If you look back at Edwards’ highly successful career trying cases, you can figure out why he has such confidence. His most famous personal injury case gives a perfect example of his skill at analyzing focus group reactions.

The year was 1996. The case was that of a little girl who had her intestines sucked out of her body by a pool drain when she was five years old.

The defendant was the manufacturer of the pool drain. The Edwards team turned down their offers of a settlement. Edwards went to trial because of what focus groups told him.

The Edwards team held six focus groups for the case. “They told us what we needed to pay attention to,” Edwards said in an interview with the News & Observer of Raleigh. “They were unbelievably valuable.”

The case was complicated on a technical basis. Jurors had to understand the dangers of a pool drain without a cover, just how powerful the suction of the device could be, and how severe an injury it could cause.

“We knew after the focus groups that we had to have a smart jury,” Edwards said. “I think we had 10 college graduates, and four with master's degrees.”

The focus groups also told him that jurors were inclined to award $20 million or more to the victim.

The pool drain maker raised its settlement offer, and raised it again twice after the trial began. But Edwards held firm.

The plaintiff won a $25 million award. It was the largest award in North Carolina history.

Focus groups have paid off for Edwards before – big time. In his personal injury cases, they have paid off in the millions. He is highly skilled at using them and interpreting their results. Now the payoff will be his freedom.

There is no doubt that Edwards has tried and retried this case a number of times before focus groups. These focus groups clearly signaled him a not guilty verdict. Edwards has been quoted on several occasions that he has great faith in the jury system. We might add that he also has great faith in the focus jury system.

No wonder he’s smiling.

Fatal 129-mph crash is a sobering reminder of Busch incident

Fri, 10 Jun 2011 08:00:00 EST

When I read this headline, my first thought was:

“Wait a minute – that’s how fast Kyle Busch was going when he was stopped for speeding!”

Since then, four people have told me they thought the very same thing.

This deadly accident happened on Sunday, June 5^th.Now friends and family are left to mourn three teenage boys. Another remains hospitalized at WakeMed.

I cannot help but wonder: Were these boys NASCAR fans?

Were they Kyle Busch fans? Did they admire his bad-boy reputation? Did they think his recent reckless driving stunt was cool?

Was he on their minds while the 16-year-old driver tested the power of his 2011 Dodge Challenger?

The common factors of these Busch’s incident and this crash are actually few. They both took place in the uncontrolled conditions of public roadways. They both involve extremely fast cars.

_{2011 Dodge Challenger}

But one driver is a highly skilled professional race car driver. Some would even argue he's the best in the world.

The other was a boy.

In the reckless driving incident, Busch was driving a $350,000 Lexus LFA sports car 128 mph through a residential area marked with a 45-mph speed limit.

He was stopped in the middle of the afternoon on a winding road where there are several neighborhoods, a church and a day-care nearby.

The fatal crash that killed the boys happened at about 8:40 p.m. on a rural road in Wake County, North Carolina. An N.C. Highway Patrol accident reconstruction team found that the Dodge Challenger was going 90 mph when it hit a tree, roof first. Data retrieved from the car showed it was going 129 mph five seconds before it crashed, news reports said. The speed limit on that part of Old Pearce Road is 55 mph.

NASCAR’s lawless moonshining roots from its early days have always been a major part of its attraction. And even today, the rowdy behavior, the feuds and rivalries, the bumps and shoves and traded paint add spice to the flavor of the sport.

But those outlaw days are gone. The need for speed has to be fulfilled on the track -- and only on the track.

We can’t really know how much the bad behavior of a driver will turn into a bad example for young people.

But it can’t be good.

The case for Kyle Busch

Wed, 08 Jun 2011 08:00:00 EST

When I first began practice, there were not any public defenders. Young lawyers handled most of the criminal cases. I handled several 1^st degree murder cases in my early years of practice.

Now I only handle personal injury cases, but I was thinking: How would I defend Kyle Busch?

Getty Images for NASCAR

You’ve almost certainly heard the story. NASCAR racer Kyle Busch wascharged with reckless driving by a sheriff’s deputy in Iredell County, North Carolina on May 24^th, 2011.

Busch was behind the wheel of a $350,000 Lexus LFA sports car, driving 128 mph through a residential area marked with a 45-mph speed limit. He was stopped on a winding road where there are several neighborhoods, a church and a day-care close by.

What possible excuse could he have for driving 83 mph over the speed limit through a place like that?

Under structured sentencing laws, Busch is probably looking at zero jail time, a small fine, and maybe some community service.

But our client is not really Kyle Busch.

Our real clients are Joe Gibbs Racing and NASCAR.

It will probably cost Busch's boss and NASCAR untold millions of dollars if public opinion is so strong they have to yank him out of the No. 18 Toyota.

With that in mind, here is how I would defend this case.

First, when Busch appears in court, he has to acknowledge up front how terrible a thing he did, and that his action could have cost lives.

Then he should voluntarily submit to a punishment more severe than the court could impose.

He should unconditionally surrender his driver’s license for a period of 5 years.
He should perform 500 hours of community service, speaking to youth groups about the dangers and consequences of reckless driving and speeding.
He should pay into the court $50,000 to be used to employ the Institute of Government to propose legislation making it a felony to speed on a public roadway in excess of 100 mph. After all, that’s merely twice the fine he had to pay to NASCAR for his dust-up with Kevin Harvick at Darlington.

If Busch would voluntarily submit to the above punishment, I would hope that it would take would take the heat off of Joe Gibbs and NASCAR to punish him further. It would represent a serious effort to heal the outrage of NASCAR’s fans, and put a good face back on stock car racing.

Deadly bus crash caused by fatigue, authorities say

Wed, 01 Jun 2011 08:00:00 EST

Four people died and 54 were injured when a bus operated by Sky Express Inc. of Charlotte, N.C., crashed Tuesday, May 31, on Interstate 95 about 30 miles north of Richmond, Va.

The accident occurred just before 5 o'clock in the morning. The bus driver, Kin Yiu Cheung, 37, was charged with reckless driving.

Virginia State Police Sgt. Thomas J. Molnar said the wreck was caused by driver fatigue.

The Federal Motor Carrier Safety Administration shut down the bus company later Tuesday, citing multiple violations of federal safety regulations.

Driver fatigue and drowsy driving are a common threat on our highways. Studies show that accidents caused by drowsy driving tend to follow common trends.

This crash certainly fits the profile.

I’ve noted several common factors before in other sleep-related accidents. These wrecks are more likely:

to involve a single vehicle running off the roadway
to occur on higher-speed roadways
to result in serious injuries
to involve a young, male driver
to involve a driver who is alone

Even the factor of driving alone applies, sort of. A bus driver is not usually engaged in interaction with passengers, as the driver of a personal vehicle would be.

In this accident, Bus 386 of the Sky Express fleet veered off the highway, hit an embankment, and flipped onto its roof.

More than a hundred rescue workers from nine agencies responded to the crash site. The 53 injured passengers were transported to 10 different hospitals. Their injuries ranged from minor to critical.

The driver was treated at the scene for minor injuries. He was the only person on the bus with a seatbelt.

The bus trip originated in Charlotte. It was traveling overnight through Greensboro, North Carolina, state police said, and had made a stop in Raleigh en route to New York City.

The Sky Express company has had trouble with federal safety regulators in the past. Its buses were involved in four crashes during a two-year assessment period that ended this May, according to FMCSA records.

One of the crashes involved injuries, when the bus rear-ended a car on I-95 in Virginia last October and injured two people in the vehicle. The driver, Wen An Wu, 47, of Brooklyn, N.Y., was charged with reckless driving and following too close.

During its assessment period, Sky Express ranked worse than 99.7 percent of all bus companies in “Driver Fitness.” It received 24 driver-fitness violations.

Sky Express also received 46 violations in the “Driver Fatigue” category. Most were for failing to keep logbooks properly.

The company received 17 “Unsafe Driving” violations, most of them for speeding.
The National Transportation Safety Board has launched an investigation into the crash. A New York City Council member on Tuesday blamed the U.S. Department of Transportation for being "asleep at the switch" on bus safety, and the vice president of the Advocates for Highway Safety said legislation that would make the industry safer has been stalled in Congress.

This company’s poor performance in its safety evaluation and its high number of violations may be a clue a pattern of widespread negligence. This particular type of bus service, emphasizing very low fares and convenient routes, has been booming.

A ticket to ride on Sky Express Bus 386 from Charlotte to New York cost $30.

Tragically, this trip cost passengers a lot more.

What should Joe Gibbs do with Kyle Busch now?

Tue, 31 May 2011 08:00:00 EST

Kyle Busch has sure had a lot of explaining to do.

And now Joe Gibbs has a lot of thinking to do.

In the aftermath of Busch’s bone-headed stunt of barreling 128 mph through a residential area marked with a 45-mph speed limit in a $350,000 sports car, Gibbs has to consider:

_{Getty Images for NASCAR}

What is the right thing to do now?

What is right for the Joe Gibbs Racing organization? How does this affect the team? The crew, the other drivers?

Just what do the sponsors think about this situation? What’s going through the minds of the folks at Toyota, M&M/Mars, FedEx? They sure aren’t paying to get bad publicity.

What is best for NASCAR? How do you heal the black eye this has given to the sport itself?

And what is fair to Kyle Busch? He’s racing in the Coca-Cola 600 Sunday, but what comes after? I’ve seen two suggestions in the media that he be suspended for at least one weekend of racing.

According to one of the reports, the JGR organization is looking into it. But is one weekend enough?

And finally, what is fair to the fans? The people who follow every move of their favorite driver? The folks that buy the sponsors’ products? The kids who grow up loving NASCAR because their mamas and daddies do?

Joe Gibbs Racing’s No. 1 boy in the No. 18 car has made a fool of himself and a mess to be cleaned up. Gibbs is the man stuck with the job. Question is, how is he going to do it?

What do you think?

Kyle Busch's speeding deserves severe consequences

Fri, 27 May 2011 08:00:00 EST

There will be some people out there who think Kyle Busch is some kind of romantic rebel.

Sort of like those good ol’ boys from the early days of NASCAR, like Junior Johnson hauling moonshine in souped-up street cars and outrunning revenuers on the back roads of Wilkes County.

Well, this is not the 1950s.

And Kyle Busch is not some hero.

Busch was stopped Tuesday runniing 128 mph in a 45-mph zone.

A sheriff's deputy stopped him on Tuesday around 2 p.m. on Perth Road south of Troutman, in Iredell County.

Busch, whose wife was riding with him, was driving a yellow Lexus LFA exotic sports car.

A Lexus LFA can reach a top speed of 203 mph. Its 10-cyclinder engine can push it from 0 to 60 in 3.6 seconds; from 0 to 100 in 7.6. seconds.

If you're thinking about buying one, it’ll set you back anywhere from $350,000 to $400,000. Busch reportedly told the officer he thought of the Lexus as “just a toy.”

The Lexus LFA / Image from Autoviva

Some toy.

Let’s talk a bit about Kyle’s playground.

He was pulled over near a subdivision near Lake Norman. Close by are several residential areas, a church and a day-care center.
One report, from the Greensboro News & Record, describes the road Busch was traveling as winding and dipping through the countryside. It's often used by bicyclists and farm tractors. Not far ahead from where Busch was stopped is a sign warning of a school bus stop, and another warning of curves up ahead. Much of the road is marked with the double yellow lines that denote a no-passing zone.

“There’s a lot of traffic, especially concerning kids,” said one woman quoted in the Charlotte Observer. “There’s mothers going to pick up their kids at school, school buses dropping off.”

Busch, who lives in Iredell County, was charged with speeding and driving recklessly. He is scheduled to appear in court July 20.

Legally, Busch should get the maximum penalty possible. But the North Carolina justice system does not take speeding seriously enough. His punishment may be as minor as probation, losing his license for a year, and paying a $1,000 fine.

Professionally, Busch deserves to be sanctioned. He drives the No. 18 Toyota for Joe Gibbs Racing. At this point he’s scheduled be driving it Sunday in the Coca-Cola 600 at Charlotte Motor Speedway.

Gibbs said Thursday of Busch’s speeding that “It’s a serious issue,” and he is considering disciplinary action. He said that one option is having Busch speak with youth groups about speeding and reckless driving. That sound more like an opportunity than a sanction. A suspension from racing is more in order.

Speeding is cited as a major factor is nearly one-third of motor vehicle accidents. Given the terrible toll of injuries and fatalities, this atrocious example set by a celebrity sportscar driver is intolerable.

NASCAR still flaunts that rowdy persona, that rough streak of outlaw reputation from its old days. Fans love that stuff – spectacular crashes, fistfights on pit row, “tradin’ paint.”

But all the drivers – and Kyle Busch in particular – need to leave it at the track.

Akemini Peter Ekpene Dies Unexpectedly After Car Crashes into Motorcycle

Wed, 25 May 2011 08:00:00 EST

Akemini Peter Ekpene, 21, of Greensboro, was riding his motorcycle on North Church Street on Tuesday, May 24, 2011 when he was struck by a car. Though Akemini was transported to Moses Cone Hospital, his condition deteriorated as the day went on. Tragically, he died that evening.

So often, we see fatal crashes that occurred during the middle of the night or as a result of someone driving while intoxicated. Akemini was travelling north on North Church Street on a sunny, late spring morning. Not unlike Jorge Arango-an NC State University student from Greensboro who died while riding his motorcycle earlier this year-Akemini was on the road during what you might imagine are ideal conditions for riding a motorcycle or bike.

The driver who hit Akemini, Joy Solomon, 29, of Greensboro, has not yet been charged in the accident. Perhaps she was texting or talking while driving or simply not paying attention. Whatever the case, Akemini will be desperately missed by his friends and family.

May is officially Motorcycle Awareness Month in North Carolina. The motorcycle- and ATV-related injuries and deaths that have happened recently are all the more infuriating knowing that motorists in NC are supposed to have heightened awareness this month.

As soon as an official accident report is available, you will be able to find it for free on egertonlaw.com.

Two young men die in school bus crash near Greensboro, N.C.

Wed, 18 May 2011 08:00:00 EST

The terrible deaths of two young men who crashed into a school bus on Tuesday, May 17, may have involved two of the most dangerous factors threatening travellers on our highways today: distracted driving and alcohol.

The bus was making a stop at 1950 N.C. 61 in Whitsett, North Carolina, a small community near the city of Greensboro, to pick up a student on Tuesday morning, according to reports by the News & Record and other news media. A car driven by 20-year Skylair Christian Lee Myers of Burlington crashed into the back of the bus. Myers had one passenger with him, Samuel Colby Ray, age 21, of Gibsonville.

The car, a 2002 Mazda Protégé, wedged itself under the back end of the bus during the impact.

Myers died in the wreck. Ray died later that morning at Moses Cone Hospital.

There were 18 students on the school bus. Nine were from Southeast Middle School and nine were from Southeast High School. None of the students was injured, and the bus driver, Pat Neese, also was not hurt. School officials later praised Neese for how the crisis was handled and for getting the students off the bus safely.

Evidence suggests that distracted driving may have been involved. The warning lights on the bus were flashing and its stop arm was extended, making the bus as visible as possible. Furthermore, the car was driving at roughly 55 to 60 miles per hour, investigators said. It did not appear to have tried to stop or slow down.

And, according to Trooper Greg Ingram, beer cans were found in the car, making alcohol a possible factor. This will be determined by toxicology testing.

Whatever the factors, the fatalities of this 20-year-old driver and his 21-year-old passenger are a terrible loss. The grief of their families will be inconsolable, no matter who is responsible or why.

It boils down to just a matter of moments that the 13-year-old 7th-grader who lives in the house where the bus was stopped had safely boarded the bus and taken his seat before the wreck.

If he had been climbing the steps of the bus he would probably have been seriously hurt. If he had been directly in front of the bus his injuries could have been much worse, or even fatal, if he had been hit when the bus was jolted forward by the extreme impact of a 60-mph collision.

We can also just try to be thankful that the driver of the bus and the children on it were not physically injured. But the trauma the impact and ensuing events will be with them for the rest of their lives.

Fox 8 News and News 14 also had reports and video on the accident.

If you have questions about legal issues in this article or in your own personal injury suffered in a wreck, call me directly for help – Lawrence Egerton, 336-273-0508, or 800-800-4LAW, or e-mail me at le@egertonlaw.com. You can find more information about our firm, Egerton & Associates, at our website, http://www.egertonlaw.com/.

You will always talk to an attorney the first time you call.

Governor Perdue Allows Bill Extending Adult ATV Drivers to Pass Without Her Signature

Mon, 09 May 2011 08:00:00 EST

A law will take effect in North Carolina beginning October 1, 2011 that permits adult drivers of ATVs to choose whether or not they want to wear a helmet or goggles with operating their vehicle off-road.

Adults will still be compelled to sport eyewear and headgear while driving an ATV on a public street. The law does not allow kids or their parents to make the same choice that adults are now free to make. Children must wear eyewear and helmets at all times, no exceptions.

One of Governor Perdue's spokespeople said that she did not sign the bill into law because though she could see the freedom of choice argument in support of the bill, she was concerned about the safety issues the bill could create.

Considering recent ATV accidents, Governor Perdue's concerns are not unfounded. ATV and motorcycle accidents are frequently the cause of property damage, personal injury and death. People who choose to ride ATVs and motorcycles should take every precaution to protect themselves, law or no law!

Driver is sought in hit-and-run fatality of bicyclist

Fri, 06 May 2011 08:00:00 EST

Edward Hedrick III was killed when he was struck in a hit-and-run crash after he had fallen from his bicycle on Sunday, May 1, 2011. The wreck took place around 6 a.m. on Poindexter Drive near Lawndale Road in south Charlotte, North Carolina.

The driver who hit him should realize: Most of the time, you can run, but you can’t hide.

Police have issued a request from the public two times in this accident. People who know the driver often report the accident, after hearing about that person having a damaged vehicle.

Authorities have released the description of the hit-and-run vehicle: a silver or light-blue Toyota Tercel or Corolla. It likely has some damage to the front end, to the lower passenger side and to the undercarriage.

You can link to the news report in the Charlotte Observer here.

This is what Detective Kevin Allred, the lead investigator in the case, had to say about it:

“We just would like the person that was involved in this crash to come down and talk to us, to let us know what happened. If they don’t do that, someone knows who did it and a gentleman by the name of Edward Hedrick was killed in the wreck and his family needs closure.”

In addition, the police are now reviewing footage from eight traffic cameras stationed along South Boulevard, a street the driver probably traveled as he or she escaped.

Hedrick and two friends were riding their bikes on Poindexter Drive near Lawndale Road when the accident happened. When Hedrick fell and the two other riders went to help him, they saw a car heading for him.

They tried to wave down the car, but the vehicle didn't even slow down, and hit Hedrick before he could get up.

The car kept going and was last seen going down Poindexter toward South Boulevard. Hedrick died at the scene.

Hit-and-run wrecks often to follow a pattern. Simple panic is one of the first reasons a driver runs from a crash. But other factors can contribute to that panic and desire to flee. These are a few:

A bad driving record.
A suspended or revoked license.
A criminal record.
Driving while under the influence of alcohol or a controlled substance.
The knowledge of the driver that he or she was at fault and driving recklessly, or while distracted, or simply too fast.

There’s no way to know at this point why the driver fled. But it’s easy to see how a person driving at 6 o’clock Sunday morning could have been heading home after a late Saturday night of partying.

Witnesses are often provide the key to tracking down a suspect in a hit-and-run. The police have two witnesses who saw the whole horrible spectacle and could give a detailed description of the vehicle. Damage such as what was done to this car are hard to hide. And as Detective Allred said, “someone knows who did it.”

In the case of one crash we have written about, court records said the driver tried to get help towing her car, and also tried to hide it. Word gets out – particularly when the wreck involves a highly publicized fatality.

The reports in the Charlotte Observer say that if anyone has information about the car or its driver, call Crime Stoppers at 704-334-1600 or Det. Kevin Allred at 704-432-2169.

After an accident it is wise to consult an attorney. You can find more information about our firm, Egerton & Associates, at our website, http://www.egertonlaw.com/. If you have questions about legal issues in this article or in your own personal injury suffered in a wreck, call me directly for help – Lawrence Egerton, 336-273-0508, or 800-800-4LAW, or e-mail me at le@egertonlaw.com.

You will always talk to an attorney the first time you call.

Red Light Violation Ends in William Todd Smith's Death in Asheboro, NC

Fri, 06 May 2011 08:00:00 EST

William Todd Smith, 40, of Asheboro, was waiting in his vehicle in the intersection of Pleasant Ridge Road and U.S. Highway 64 preparing to make a turn. Suddenly, he was hit by a pickup truck. Mr. Smith unexpectedly lost his life that day, May 5, 2011.

Pickup truck driver Kevin Nywenig, 44, also from Asheboro, ran a red light, allegedly causing the fatal collision. He was also injured, but not seriously.

Mr. Nywenig's pickup truck struck an additional vehicle after hitting Mr. Smith's car. The second collision injured driver Connie Salazar and her 19-year-old passenger from Ramseur. They all went to an area hospital where they were treated for non-life threatening injuries.

Pending investigation, Mr. Nywenig will likely face charges that could include misdemeanor death by motor vehicle. He was already cited for running a red light according to Trooper Greg Ingram.

UPDATE: Drunk Driver Faces Charges After Wreck Injures Velasquez, Kids in High Point, NC

Thu, 05 May 2011 08:00:00 EST

Driver Ryan Boyd faces additional charges following an investigation into a wreck he allegedly caused while driving drunk on Johnson Street and Skeet Club Road in High Point, NC.

Initially, police charged Boyd with DWI-driving while intoxicated-and reckless driving. Now, media outlets across the Piedmont Triad report that Boyd faces three counts of assault with a deadly weapon inflicting serious injury.

Three children were ejected from the minivan Maria Velasquez was driving when Boyd reportedly hit them on April 23, 2011 while they were making their way to a resurrection service at the Immaculate Heart of Mary Catholic Church.

The fact that the victims lived can be considered an Easter miracle. The kids-ranging in ages from 10 to 16-suffered injuries including broken bones, cuts and scrapes. Some injuries required stitches to heal. Even though none of the injuries were life threatening, such a traumatic collision is a lot for anyone-especially young people-to go through.

Velasquez was also seriously injured and remained in the hospital for days after the other victims, but has since returned home. In all, 6 passengers were in the car with Velasquez during the accident; five were her children and one was a family friend.

Fortunately, no passengers were in Boyd's car. He was injured in the crash and stayed in the hospital several days. The additional aggravated charges he's facing-felony charges-came following his release from hospital treatment. He was in Guilford County Jail in Greensboro, but has since been released after posting a bond of $7,500.

Clearly, drunk driving can have big costs. I can't say in words how relieved I am that no one was killed in this wreck. Deaths happen all the time when drunk driving is involved. Maybe Ryan Boyd should consider himself lucky, too.

Motorcycle Awareness Month, Charles Clemmons, Frederick Wallace Injured

Mon, 02 May 2011 08:00:00 EST

Several people are in the hospital with serious injuries following two separate collisions between recreational vehicles this weekend in North Carolina.

On Friday, April 29, 2011 two children were riding dirt bikes in Mountain Park, N.C. when they crashed into each other head-on. One of them, a ten-year-old, was taken to Hugh Chatham Memorial Hospital while the other, only five-years-old, was airlifted to Wake Forest Baptist Medical Center in Winston-Salem, N.C. The kids are reportedly in stable condition, but they face long roads to recovery after these serious injuries.

In Alamance County, N.C., two men were in a crash that sent them to nearby trauma centers. Charles Clemmons, of Burlington, N.C., was travelling on Stoney Creek Church Road when Frederick Wallace pulled out in front of him on his ATV. Mr. Wallace was attempting to cross the street to check his mailbox when the collision occurred. Both vehicles were totaled and both men went to the hospital via helicopter. Luckily-like the children injured on dirt bikes-these grown ups are in stable condition, too.

It's always awful to hear about people injured on motor vehicles, but it's a relief to know these victims are still with their family and friends. Their accidents provide an unfortunate example of the risks people take while riding bikes and ATVs. Proper safety precautions should be used at all times. Since riders cannot use safety belts and restraints like drivers and passengers in automobiles, it's imperative that riders wear a helmet at all times while operating a dirt bike, motorcycle or ATV regardless of their age or experience.

Chestnut Grove Junior High Student Hit by Car at School Bus Stop

Fri, 29 Apr 2011 08:00:00 EST

An eleven-year-old student at Chestnut Grove Junior High School in King, NC went to the hospital instead of school on the morning of April 29, 2011. Luckily, the sixth grader did not sustain life-threatening injuries. Truly a miracle-the driver who hit her was travelling at an estimated 40 mph! The girl is receiving treated in Winston-Salem at Wake Forest Baptist Medical Center.

Driver Dorothy Smith said that she did not see the girl or the school bus just prior to the accident. Troopers say the school bus did indeed have its stop-arm out-which indicates that all traffic must slow down and stop behind the bus-at the time of the accident. Charges-though still pending further investigation-appear likely against Dorothy Smith, who is reportedly a school system employee.

Drunk Driver Sends Maria Velasquez, Seven More to Hospital in NC

Wed, 27 Apr 2011 08:00:00 EST

Eight people went to local hospitals following an automobile accident on Saturday, April 23, 2011 in High Point, NC. A drunk driver, Ryan Boyd, 26, ran a red light at the intersection of Johnson Street and Skeet Club Road. His vehicle struck a minivan carrying a family on their way to an Easter service at the Immaculate Heart of Mary Church.

Mother of five, Maria Velasquez, 50, of Greensboro, was attempting to make a left turn when Ryan Boyd struck her minivan. She was airlifted to Wake Forest University Baptist Medical Center where she is still listed in critical condition with eight broken ribs and a collapsed lung. Her children-Ana Lopez, Francisco Lopez, Judy Lopez, Isabel Lopez and Jeranimo Lopez, and a family friend, Melissa Whipple-have all been released from the hospital. Melissa has 14 stitches in her head and many of the passengers were ejected from the vehicle. They are lucky not to have been injured more seriously.

Ryan Boyd is still in the hospital in serious condition. He has been charged with DWI and reckless driving. It is unclear whether or not he had additional passengers in the car with him at the time of the wreck or what their conditions may be. Additional charges are still pending as the investigation is ongoing.

As soon as an official accident report is released, it will be made available on www.egertonlaw.com.

Five Die in Croatan National Forest Crash

Mon, 18 Apr 2011 08:00:00 EST

An SUV overturned on a national forest road in eastern North Carolina on April 17, 2011 and killed five people. Two infants died, along with an adolescent boy, a man and a woman. None of the victims have yet been identified.

Officials estimate that the accident occurred around 5:30 or 6:00 p.m. on a gravel road in Croatan National Forest near Camp Lejune. Despite recent heavy storms across the state, troopers don't believe the weather played a role in the fatal crash.

Instead, Highway Patrol Trooper R.A. Woods said speed was a likely factor based on tire marks left on the road.

Everyone in the car but the man was wearing proper restrains, including seat belts and child safety seats. It's possible that the man died while trying to assist the other passengers. The vehicle had flipped and fallen into a canal where it sunk and was almost completely submerged.

No Need 2 Speed Campaign Totals

Mon, 11 Apr 2011 08:00:00 EST

The North Carolina Governor's Highway Safety Program often runs campaigns to combat dangerous driving habits, especially drunk driving. Recently, state and local law enforcement offices issued 12,476 speeding tickets to motorists across the state. The "No Need 2 Speed" campaign began March 28 and ended April 3.

According to a press release, the campaign raked in a whopping 38,104 total traffic and criminal citations. In Guilford County, 727 speeding tickets were handed out, making it the county with the third-highest number of speeding violations ticketed. Mecklenburg County totaled 770 speeding violations and Onslow County came in with 674. The most citations issued occurred in Wake County with 1,105 total tickets.

You can view a complete record of the traffic and criminal violations issued during the 2011 spring "No Need 2 Speed" Campaign at www.egertonlaw.com/library.

Teenage Passenger Dies in Burlington Car Crash

Fri, 08 Apr 2011 08:00:00 EST

Shanqula Octavia Blackman of Burlington died on April 7, 2011 when the car she was riding in drove off the road and hit a pole. Shanqula was only 19-years-old at the time of her death.

Ashante Shaniece Leath, 21, also of Burlington, was driving the vehicle at the time of the car crash. She has since been charged with misdemeanor death by motor vehicle, driving left of center and failing to reduce speed.

Police believe that the 1993 Nissan Maxima that Leath was driving down Rauhut Street in Burlington exited the road to the let, ran into an embankment and hit a utility pole around 6:00 a.m.

Leath was transported to Alamance Regional Medical Center where she received treatment for injuries and was released. Another passenger, Kaquanna Shymale Woods, 21, from Burlington, was reportedly not injured during the wreck.

The investigation of this automobile accident has not ended. The official accident report has not yet been released, but check back with www.egertonlaw.com/library to find a free copy of the report soon.

UPDATE: Ian Michael Smith Faces Felonies in Fatal Collision

Wed, 06 Apr 2011 08:00:00 EST

Ian Michael Smith

Ian Michael Smith-a 20-year-old man from Archdale, NC-was originally charged with driving while impaired (DWI) and driving after consuming alcohol while under the age of 21 after a fatal collision.

Allegedly, Smith was drinking underage in downtown Greensboro during the wee hours of March 25, 2011 when he got behind the wheel of a 2007 Mitsubishi Eclipse. He took a wrong-way, left-hand turn onto West Market Street and was signaled by a police officer to pull over. At that time, Smith accelerated to a great speed in an apparent attempt to flee from the cops.

According to the official accident report, Smith had opened up the Eclipse to an estimated 112 mph when the car hit a Chevrolet pickup truck head-on.

At that moment, Marcial Aragon Colmillo and Juan Carlos Cortez-Lopes met their untimely deaths.

Injured in the tremendous crash were Octavio Landin-Acosta-who was in the Chevy with his friends Marcial and Juan-and Amanda Leigh Tompkins, Smith's passenger. Ian Michael Smith was also injured in the wreck.

Smith now faces additional, serious criminal charges: two counts of second-degree murder, careless and reckless driving, two counts of felony serious injury by motor vehicle and two counts of felony death by motor vehicle. He is presently in the Guilford County Jail with a $500,200 bond.

National Mag Rags Johnson & Johnson, DePuy Orthopaedics

Tue, 05 Apr 2011 08:00:00 EST

DePuy Orthopaedics's popular ASR XL Acetabular System-a hip replacement implant device-has undergone a major recall. Patients worldwide have complained of immobilizing pain, joint dislocations, infections and bone fractures due to the metal-on-metal hip units. Furthermore, surgeons and specialists are concerned that the metal debris from the defective product increases the amount of cobalt and chromium alloys to dangerously-high levels in human muscle tissue.

Bloomberg Businessweek published a cover story on March 31, 2011 that features Johnson & Johnson, parent company of DePuy Orthopaedics.

The article in this week's issue of Bloomberg, "Johnson & Johnson's Quality Catastrophe," discusses the DePuy drama in depth. The story also covers a current image crisis gripping Johnson & Johnson. The company's problems do not start or end at DePuy; several of the company's subsidiaries are struggling to maintain the time-honored reputation for value that Johnson & Johnson has relished for decades.

Readers will be especially interested in viewing the reader discussion available on the article's online publication. Former employees lambast the current CEO, William Weldon, and lament the loss of a previous CEO, Jim Burke, who was able to thwart an image deterioration after a Tylenol recall crisis in 1982. When your own employees cannot stand behind you, there's clearly a problem more endemic and extensive than a minor mistake or a momentary bad image.

Double Fatality on Hwy 65 at Hwy 220 in Rockingham County, NC

Fri, 01 Apr 2011 08:00:00 EST

Two people are dead after a car crash at the intersection of Highway 220 and Highway 65 in southern Rockingham County, North Carolina. The victims' names have not yet been released.

A Geo Metro travelling on Highway 65 around noon on Friday, April 1, 2011 failed to yield the right of way to a Mercury Mountaineer. The driver and passenger in the Metro were killed instantly and the SUV flipped onto its side, according to Trooper John Thomas.

The driver of the SUV was transported to Moses Cone Hospital in Greensboro with serious injuries, be he was reportedly conscious and alert.

As soon as an official accident report becomes available, you can view it on www.egertonlaw.com.

Rockingham County Sheriff's Department

Update: Where Did Ian Michael Smith Get Drunk?

Thu, 31 Mar 2011 08:00:00 EST

Dram shop liability laws make bars, clubs, restaurants and other alcoholic beverage vendors responsible for the injuries and property damage that drunk patrons cause others.

In North Carolina, sellers are always liable for the harm intoxicated minors cause during a car crash or another accident.

That means an establishment in downtown Greensboro is likely liable for serving alcohol to Ian Michael Smith—a minor—on the night of March 24th and early morning of March 25th, 2011. A still unidentified bar’s negligence contributed to the deaths of Marcial Aragon Colmillo and Juan Carlos Cortes, and that vendor should be made to pay for such a tragic loss of life. The vendor can also be held liable for the injuries and expenses incurred to survivors of the accident: Octavio Landin Acosta and Amanda Leigh Tompkins.

According to dram shop liability statute in North Carolina, people injured or killed by underage drunk drivers are entitled to up to $500,000 in relief. Most commercial vendors of alcohol carry at least 1 million dollars in liability insurance, so a judgement in favor of the victims could, hypothetically be easily collected.

Here's some of the places on Elm Street he could have been partying on that Thursday Night:

Footage Simulates Crash that Killed Marcial Colmillo, Juan Cortes

Wed, 30 Mar 2011 08:00:00 EST

I have already blogged about the car wreck in which Marcial Aragon Colmillo and Juan Carlos Cortes-two young men from Greensboro, NC-unexpectedly lost their lives on March 25, 2011. They were killed by an underage drunk driver.

Marcial Aragon Colmillo Juan Carlos Cortes

Ian Michael Smith, 20, of Archdale, was trying to evade police, speeding and driving the wrong way down West Market street when he slammed head-on into the pickup truck Mr. Colmillo was driving.

Ian Michael Smith

I was curious about what it might have looked like to drive the wrong way down Market Street at a high rate of speed. Though this footage was taken during daylight, you might be able to imagine the scene that night:

Clearly, Mr. Smith must have been extremely intoxicated to have made the fateful choices he made on the night of March 25 (starting with the decision to drink underage and get behind the wheel!)

Amanda Tompkins Octavio Landin-Acosta

Sadly, two young men lost their lives as a consequence of Mr. Smith's actions. Two others are recovering from injuries-Octivio Landin-Acosta and Amanda Leigh Tompkins-in addition to Mr. Smith himself. Friends and family, like Esmaralda Martinez, will never be the same after loosing their loved ones, Marcial and Juan.

Tangled web of underage drinking and DWI leaves two dead

Mon, 28 Mar 2011 08:00:00 EST

A horrible wrong-way crash in Greensboro shows the variety of liabilities that can arise from underage drinking and driving while intoxicated.

Marcial Aragon Colmillo of Greensboro and Juan Carlos Cortes were killed when an impaired driver slammed head-on into their pickup on West Market Street in Greensboro, North Carolina, police said. The wrecks happened at roughly 2:15 a.m. on Friday, March 25, 1011.

Ian Michael Smith, 20, of Archdale, was charged with driving while impaired and driving after drinking alcohol while under the age of 21, according to a report by the News & Record newspaper of Greensboro.

Another passenger in the pickup, Octivio Landin-Acosta, survived. Amanda Leigh Tompkins, riding in the car with Smith, survived as well.

According to Greensboro police, the incident took place as follows:

A Mitsubishi Eclipse driven by Smith onto eastbound Market Street from South Elm Street heading west. Sgt. T.K. Brown spotted the vehicle driving down the street the wrong way, and began to follow with his police lights on, but the car drove off at a high rate of speed. Brown followed it for a while, possibly to pursue or to warn oncoming drivers of a dangerous vehicle approaching, but soon gave up the action, perhaps as being too dangerous.

The pickup truck, driven by Colmillo, drove onto Market Street from Aycock Street heading east.

Both surviving passengers were treated at the hospital and released. Smith was admitted to the hospital.

The possible civil liabilities created by this incident are complicated – and they don’t end with causes against the driver. Smith and his passenger were heading away from the South Elm Street area – a part of the city with several nightclubs close by. They were leaving the area at about 2 in the morning, closing time for the sale of alcohol.

Dram shop liability laws hold sellers of alcohol responsible harm that intoxicated patrons cause other people, and sometimes the harm that the intoxicated person causes to himself. The mangled wreckage of the two vehicles – which crashed in a 35-mph zone – indicates a tremendous rate of speed, which is often evidence of reckless behavior fueled by drinking.

Sellers are also liable for selling alcohol to underage individuals. In this case, someone, or some business, is most assuredly liable for providing alcohol to a person who is underage.

To complicate matters more, it’s no rare thing for people underage to get false identification. The individual providing that fake I.D. can be held responsible as well.

So, what might be a reasonable scenario of the web of people contributing to these deaths and injuries? It’s conceivable that the driver, a nightclub, a bartender, and somebody who sells fake I.D.’s could all have had a hand in the series of events that led up to this deadly crash.

What a tangled mess alcohol can make when young people drink and get behind the wheel.

UPDATE: Teenage Driver Dies in Davidson County Crash

Thu, 24 Mar 2011 08:00:00 EST

myfox8.com

A young driver died Tuesday afternoon, March 22, 2011 at Wake Forest Baptist Medical Center in Winston-Salem, NC following a car accident that happened around 9:48 p.m. on March 21.

Chelsea Nicole Lamb, 17, of Thomasville, was driving a red Jeep when she lost control of the SUV at the intersection of Conrad Hill Mine Road and Robert Beck Road in Davidson County near Lexington, NC.

Both Chelsea and her passenger, April Brooke English, 16, of Lexington, were ejected from the vehicle. Neither of the girls was wearing seatbelts.

Chelsea was a junior at Ledford High School. She lost control of her Jeep as it rounded a curve travelling an estimated 70 mph in a 55 mph speed zone. The car overturned several times before coming to rest across the street.

April Edwards is in 10th grade at Central Davidson High. She is listed in good condition at Wake Forest Baptist Medical Center, but has suffered serious, potentially debilitating injuries as a result of the tragic accident.

The official accident report has been released and you can view a free copy on www.egertonlaw.com.

Two Seconds Will Make a Difference in NC

Wed, 23 Mar 2011 08:00:00 EST

Workers' compensation benefits are under attack in North Carolina. It is imperative that anyone who cares about injured workers in our state sign this vital petition-Do Not Hurt NC Injured Workers and Their Families. Act today, March 23, 2011, before new legislation is introduced to the NC General Assembly as soon as tomorrow.

Do you realize that this legislation, if passed, could affect any NC citizen who has been injured on the job? Affected citizens include people who are already suffering, their families and anyone in the future who might require workers' compensation.

In only a matter of seconds, you can make a difference for thousands of injured workers and their families in NC. All you have to do is sign the petition online today.

Big business and insurance company lobbyists are pressuring NC state representatives to introduce this bad bill.

BUT NC CITIZENS AND WORKERS CAN FIGHT BACK!

The negative reforms that might be introduced as potential law will:

• Artificially cut off the number of weeks of compensation benefits an injured worker can receive even if he or she is still disabled and unable to work!
• Deny workers the right to choose their own physicians and take away their right to ask the Industrial Commission to approve a treating physician of his or her own choice.
• Strip workers of their medical privacy rights by allowing the insurance company (and the insurance company's attorney) to talk to workers' doctors without the patient's prior knowledge or consent.
• Allow insurance companies to cut off injured workers' compensation based on the claim that the worker isn't cooperating with the doctors they selected.
• Force workers to take any type of job if they cannot return to what is now considered "suitable employment." That means that instead of refusing a job similar to what he or she had at the time of the injury (like a nurse, plumber, construction supervisor, etc.), a worker would be required to take a job that might offer fewer benefits, less pay and/or an excessive commute to work.
• Cap any lost income resulting from this imposed job change and stop benefits regardless of the injured worker's ability to return to work.

Spread the word via facebook, email and twitter; encourage your friends and family to sign the petition, especially if you live in NC!

You can also call or write your NC Representative and NC Senator. If you or your family is an injured worker, tell your representatives how a reduction or end to your workers' compensation benefits would impact your life and your family. How could you afford to provide for yourself and your loved ones without your workers' compensation benefits?

Getting in touch with your representatives is easy and it's your right and privilege as an American! If you live in North Carolina, follow these TWO simple steps to find out your legislative district and the names of your representatives:

1.) Click on this link: http://www.ncga.state.nc.us/GIS/RandR07/Representation.html

2.) Scroll down and enter your zip+4 code to view your NC State House and NC State Senate representatives!

a. If you don't know your zip+4 code, check your NC Driver License or NC Identification Card OR go to the USPS website (http://zip4.usps.com/zip4/welcome.jsp) and enter your street address to obtain the zip+4 code.

Even if you are not an injured worker, consider what would happen if you were injured someday. Could you live with the conditions presented in this proposed bill? If not, take a stand! Sign the petition, call or write your representatives and spread the word right now!

Petition: Do Not Hurt NC Workers and Their Families

Tue, 22 Mar 2011 08:00:00 EST

One of the attorneys on our Workers' Compensation list serve has created a petition to The North Carolina State House, The North Carolina State Senate and Governor Beverly Perdue, which says:

"Stop trying to take away the rights of injured workers in NC. We do not support any change that cuts off benefits while an injured worker is unable to work and support their family, limits a patient's right to choose his or her doctor and takes away privacy rights between a doctor and patient."

Please consider signing this petition to help injured workers and their families in North Carolina:

http://signon.org/sign/do-not-hurt-nc-injured?source=c.em.mt

URGENT Petition to Help Injured NC Workers

Tue, 22 Mar 2011 08:00:00 EST

Did you know that the current North Carolina General Assembly is only days away from introducing legislation that will reduce workers' compensation benefits?

Big business and insurance company lobbyists are pressuring NC state representatives to introduce this bad bill.

BUT NC CITIZENS AND WORKERS CAN FIGHT BACK!

A petition is currently in place that speaks out against the proposed changes to workers compensation. The negative reforms include:

• An artificial cap on the number of weeks of weekly compensation benefits and injured worker can receive even if he or she is still disabled and unable to work!
• Workers will be forced to take any type of job if they cannot return to what is now considered "suitable employment." That means that instead of refusing a job similar to what he or she had at the time of the injury (like a nurse, plumber, construction supervisor, etc.), a worker would be required to take a job that might offer fewer benefits, less pay and/or an excessive commute.
• Any lost income resulting from this imposed job change would also be capped and benefits would stop regardless of the injured worker's ability to return to work.

Sign the petition today. This bad legislation affecting all NC workers could be introduced to the NC General Assembly as soon as Thursday, March 24, 2011. It only takes a matter of seconds to sign the petition.

Spread the word via facebook, email and twitter; encourage your friends and family to sign the petition, especially if you live in NC!

April Brooke English, Chelsea Lamb Rushed to Wake Forest Med

Tue, 22 Mar 2011 08:00:00 EST

A young driver is in the ICU at Wake Forest Baptist Medical Center in Winston-Salem, NC following a car accident on March 21, 2011.

Chelsea Nicole Lamb, 17, was driving a red Jeep SUV when she lost control of the car at the intersection of Conrad Hill Mine Road and Robert Beck Road in Davidson County.

Both Chelsea and her passenger, April Brooke English, 16, were ejected from the vehicle. Neither of the girls was wearing seatbelts.

Chelsea is a junior at Ledford High School and April is in 10th grade at Central Davidson High. April is listed in stable condition at Wake Forest Baptist Medical Center.

Troopers who responded to the scene estimate that the car was travelling at about 75 mph shortly before the crash happened. The stretch of road Chelsea was driving is a 55 mph speed zone.

The wreck happened around 10 p.m. In North Carolina, drivers who have had their license less than 6 months and are under the age of 18 are considered Level 2 license holders. Though this might not have been the case for Chelsea, drivers at this level are not permitted to drive without supervision after 9 p.m. and they must insure that they and their passengers wear proper seat restraints. It's also illegal for teens at this stage to use cell phones while driving.

Motorcyclist Robert Haase Seriously Hurt due to "Morning Sun"

Thu, 17 Mar 2011 08:00:00 EST

Robert Haase of Liberty, NC was airlifted to Duke Hospital in Durham on March 17, 2011 following a collision with another vehicle.

Mr. Haase suffered a broken leg after a car struck the motorcycle he was riding down Wayne White Road in Randolph County near the town of Climax. Highway Patrol Troopers charged the driver who hit Mr. Haase with unsafe movement. The driver-who remains unidentified-claimed that the brightness of the morning sun obscured Mr. Haase and his motorcycle from view.

Just yesterday, March 16, 2011, I posted a blog about the importance of motorcycle safety awareness. If House Bill 105 passes through the North Carolina General Assembly, May will be devoted Motorcycle Awareness Month. Some much-needed attention can then be paid to safety concerns involving motorcycles and the over 260,000 North Carolinians licensed to drive them.

If and when a full, official accident report becomes available for this motorcycle wreck, you can find it on www.egertonlaw.com. Hopefully, Robert Haase will make a strong, swift recovery.

Make May Motorcycle Awareness Month in North Carolina

Wed, 16 Mar 2011 08:00:00 EST

The month of May would be designated Motorcycle Awareness Month if House Bill 105 becomes law.

From the sandy Highway 12 on the Outer Banks to the curves of the Blue Ridge Parkway, North Carolinian natives and tourists alike enjoy riding our roads for recreation. Some motorists even use motorcycles or mopeds as their primary method of transportation. According to the bill, there are over 132,000 registered motorcycles within North Carolina's borders and over 260,000 people licensed to drive motorcycles. We need to treat these motorists with the same safety and respect we would anyone else on the road.

Motorcycle Awareness Month would promote the safe operation of motorcycles and proper education and training among their users. Rider training, good judgment and an up-to-date knowledge of traffic laws and licensing requirements are each essential, effective ways to ensure motorcyclists remain out of harm's way.

The month would also be a time when efforts focus on bringing attention of car, van, bus and truck drivers on the state's roads to the presence and prevalence of motorcycles. Motorists should know about the existence of a safety promotion, "Look Twice, Save a Life, Motorcycles Are Everywhere." During the month of May, the efforts of organizations including the Concerned Bikers Association/ABATE of North Carolina and the North Carolina Motorcycle Safety Education Program will be bolstered by statewide support.

In recent months, I have written about several tragic accidents involving motorcyclists. A teenage driver accidentally killed motorcyclist Michael Carroll Lewis at an intersection near his home in Sophia last August. On February 20, 2011, Randy Gene Ector, Jr. was airlifted to UNC Hospital in Chapel Hill after his motorcycle was hit by a driver who failed to yield the right of way in Burlington. Most recently, a 22-year-old student at NC State, Jorge Francisco Arango of Greensboro, was killed when an SUV moved into his lane of travel suddenly and unexpectedly. Many of these fatal motorcycle wrecks would be avoided if drivers would slow down, back up and Look Twice, Save a Life!

To write your representatives in support of House Bill 105, visit the official website of the North Carolina General Assembly.

Laura's Legacy Lives on as Laura's Law, Approved Unanimously in NC House

Mon, 14 Mar 2011 08:00:00 EST

Laura Fortenberry, a 17-year-old girl from Gaston County, NC, was killed by a repeat offender of driving while intoxicated on July 25, 2010. Laura was riding as a passenger in a vehicle that was hit head-on when Howard Pasour, 28, of Bessemer City attempted to pass several cars on Dallas-Cherryville Highway.

On March 10, 2011, North Carolina legislators in the House of Representatives voted unanimously to approve a bill that would toughen our state's drunken-driving consequences, especially for habitual drunk drivers.

Laura's Law would increase the punishment for some offenders of DWI. If an individual has three or more grossly aggravating factors in addition to their charge of DWI, that person might be subject to serving jail time.

DWI is bad enough, but when someone repeats the mistake, the offense is much worse. Laura's Law aggressively targets repeat offenders of DWI. Once the bill is passed, a judge or jury will have the power to determine grossly aggravating factors, which can include prior convictions for an offense involving impaired driving. A prior conviction includes:

a. A conviction that occurred within seven years before the date of the offense for which the defendant is being sentenced.
b. A conviction occurs after the date of the offense for which the defendant is presently being sentenced.
c. A conviction occurred in district court and is awaiting a new sentence hearing following an appeal.

Each of these prior convictions can be considered a separate grossly aggravating factor that could lead to a jail term.

Other grossly aggravating factors are outlined in Laura's Law. Driving by the defendant while his or her driver's license was revoked because of a previous DWI conviction would count as a factor. Another factor that could lead to jail time would be if the impaired driver inflicted serious injury to another person at the time of the automobile accident or incident in question. Also, if the person was driving while intoxicated with a minor under 16-years-old in the vehicle that fact could contribute to sentencing that includes a jail term.

If a DWI defendant is convicted and subject to Aggravated Level One punishment, he or she may be fined up to ten thousand dollars. The offender would face no less than a year-that's 12 months, minimum-of imprisonment. He or she could be in jail for up to two and a half years, and not eligible for parole.

Laura's Law would also authorize the court to require continuous alcohol monitoring for Aggravated Level One offenders. That means that for the last four months of the offender's jail sentence, he or she would be released but required to abstain from alcohol consumption during that time. The four-month supervision period would be verified by a continuous alcohol monitoring system approved by the Department of Correction. The offender would also be compelled to seek admission as an inpatient in an alcohol or substance abuse treatment facility-at the defendant's expense, of course.

Laura Fortenberry's life was cut short, but continues to be a positive force even in death. Her mother, Michelle Armstrong, is devoted to the cause behind the bill that carries her daughter's name. The repeat DWI offender who struck and killed Laura pleaded guilty to second-degree murder and other charges. He was sentenced to 20 years in prison last week.

Upcoming Legislation Can Help Make NC Citizens Safer

Thu, 10 Mar 2011 08:00:00 EST

Several bills have been presented to the North Carolina General Assembly during Session 2011 that could promote safety on our state's highways and roads, and even save lives.

Laura's Law would increase the punishment for some offenders of driving while intoxicated (DWI). Certain DWI offenders who might be subject to serving jail time could include repeat offenders, those driving while a driver's license was revoked due to DWI or offenders who inflicted serious injury to another person while driving impaired. The law would authorize the court to require continuous alcohol monitoring for certain DWI offenders, and it would raise the court costs for DWI offenders up to $10,000 in some cases. Laura's Law is the short name for House Bill 49 and Senate Bill 86.

The Work/School Zones-Speed Camera Pilot Program-or House Bill 145-would establish a pilot program to improve public safety by authorizing the use of electronic speed-measuring systems to detect speed limit violations in highway work and school zones. The act would also establish a civil penalty for speed violations in work and school zones that are detected by those speed-measuring systems, and create a fund to collect those fines.

The month of May would be designated Motorcycle Awareness Month if House Bill 105 becomes law. According to the bill, there are over 132,000 registered motorcycles within North Carolina's borders a couple hundred thousand licensed to drive motorcycles. Motorcycle Awareness Month would promote the safe operation of motorcycles and proper education and training among their users. The month would also be a time when efforts can be focused on bringing attention of other drivers on the state's roads to the presence and prevalence of motorcycles.

Senate Bill 49 would increase the fine for speeding in a school zone on December 1, 2011 if the bill is signed into law. As of now, a person who drives a motor vehicle in a school zone at a speed greater than the speed limit set and posted in the school zone is responsible for an infraction and required to pay a penalty not less than $25. The new law would raise the penalty to at least $100 and not more than $250.

You can browse bill reports, their sponsorship and history by following this link to the NCGA website.

Fatal hit-and-run shows tragic and familiar pattern

Thu, 10 Mar 2011 08:00:00 EST

Trevor Spencer Prough, 18 years old, was killed by a hit-and-run driver on northbound U.S. Highway 421 close to Peace Haven Road in Winston-Salem, North Carolina, on Saturday, February 19, 2011. He was found at 3:15 a.m. that morning.

Kaitlin Smith Slater, age 24, of Kernersville, turned herself on March 4 in Forsyth County in connection with the wreck.

The circumstances of this accident fall into a pattern of hit-and-run wrecks that is repeated so many times that it is mind-numbing – a crash in the early morning (prime time for drunken driving), a revoked or suspended license, a record of driving while impaired and other serious traffic charges.

In this instance, according to reports by WFMY-TV, Slater was charged with aggravated felony death by vehicle, felony hit-and-run causing injury and driving with a revoked license.

Smith’s criminal record includes a DWI in 2008, in which she lost her driver’s license.

In 2005 Smith was convicted of driving without an license, possession of drugs, and a probation violation. In 2003, she was found guilty of possession of drugs and drug paraphernalia.

Other violations on her record include speeding 87 mph in a 65 mph zone.

The Winston-Salem Journal also reported that court records say Slater is accused of trying to get help to get her vehicle towed after the accident, and trying to hide the car later.

Prough, who lived in Lewisville, had been walking back home after a going to Wal-mart, police said. He was the youngest of two sons.

Forsyth County District Attorney Jim O'Neil said in an interview with WFMY that in order to convict on an aggravated death by motor vehicle charge, prosecutors must prove the driver was intoxicated, unintentionally killed another person and had a driving while impaired conviction within the past seven years.

If found guilty on that charge, Slater could face up to six years in prison.

Smith was given a $125,000 bond and held in the Forsyth County Jail. Her next court appearance is scheduled for March 18.

As I said, hit-and-run accidents so often fall into a pattern. Panic is one of the first reasons a driver runs from a crash. But other factors can build on that panic and desire to flee. These are a few:

A bad driving record.
A suspended or revoked license.
A criminal record.
Driving while under the influence of alcohol or a controlled substance.
The driver knew that he or she was at fault and driving recklessly, or while distracted, or simply too fast.

You will always talk to an attorney the first time you call.

Greensboro Native, Jorge Arango, Dies in Motorcycle Wreck

Thu, 03 Mar 2011 08:00:00 EST

Funeral services will be held today to honor the life of Jorge Francisco Arango, a 22-year-old student from Greensboro, NC who was killed in a motorcycle accident last weekend.

Jorge was riding his motorcycle on Morrisville Parkway in Morrisville, NC when another vehicle crossed into his lane of travel without warning.

SUV driver Vincent Colucci, 55, was not injured in the crash. No charges have been filed against Mr. Colucci as the Wake County District Attorney’s Office is awaiting autopsy results. The official accident report has not yet been released.

At the time of his death, Jorge Arango was a student at NC State University in Raleigh. He was a junior pursuing a degree in music, business and criminology at the university. After graduating from Western Guilford High School in Greensboro, Jorge studied for a short while at UNC Greensboro before transferring to State.

According to his obituary in The Greenville News, Jorge loved mountain biking and motorcycling. He worked on bicycles at Performance Bikes and hit the trails in the Raleigh area regularly.

Jorge also had a passion for dogs. He had a 100% adoption success rate as a dog foster parent, and instead of flowers, his family requests memorial donations be made to Wake County Animal Center in Raleigh.

Clearly, such a promising young man will be missed by many teachers, friends and family in both Raleigh and here in his hometown.

Raymond Cook Convicted, Awaits Sentencing in Death of Ballerina

Tue, 01 Mar 2011 08:00:00 EST

A former plastic surgeon from Raleigh, NC was found guilty of involuntary manslaughter, felony death by motor vehicle and driving while impaired. A jury in Wake County, NC reached the verdict today, March 1, 2011, after two days of deliberation.

Prosecutors argued that Cook drove drunk at speeds up to 100 mph before slamming into a car driven by 20-year-old Elena Shapiro in September 2009. The collision killed the young woman, an apprentice with Carolina Ballet. Ms. Shapiro was originally from Winston-Salem, NC.

Cook’s defense argued that he was not acting with malice, but prosecutors tried to prove that his speed and blood-alcohol content were both high enough to convict him of second-degree murder.

The jury began deliberations about an aggravating factor to consider in his sentencing, which should be determined this afternoon.

Walk Like MADD in Raleigh on April 9

Mon, 28 Feb 2011 08:00:00 EST

The other day I notice an important event promoted on the North Carolina State HIghway Patrol's facebook page: Walk Like MADD!

On April 9, 2011, Walk Like MADD will kick off from the campus of NC State University. The Opening Ceremony for the event is scheduled for 8:30 a.m., and the 5k walk begins at 9:00 a.m.

The event is a major fundraiser for MADD (Mothers Against Drunk Driving), America’s largest nonprofit that works to end drunk driving, prevent underage drinking and be there for victims and family members who have been affected by the consequences of drinking and driving.

Registration for an individual adult costs $20 and you can choose to commit to an additional fundraising goal if you’d like. With the registration fee, you get a Walk Like MADD t-shirt to wear during the event and take home.

Walkers can also choose to form a team to work towards a fundraising goal. You can join with your coworkers, congregation, friends or family to raise funds for this powerful organization.

MADD serves a victim of an alcohol-related wreck every ten minutes. Though that’s an impressive stat, every minute someone is injured in an alcohol-involved crash. Participation in Walk Like MADD will bolster an already successful program in fighting the epidemic of drunk driving in America.

12-year-old dies in crash; driver charged with felonies, DWI

Mon, 28 Feb 2011 08:00:00 EST

A one-car accident took the life of Roland Benjamin Sierra, age 12, on Saturday, February 19, 2011, in Asheboro, North Carolina. The driver of the car, 35-year-old Reyna Patricia Valencia, was charged with multiple offenses the following Monday, including DWI and involuntary manslaughter. Four of the charges were felonies.

Fourteen-year-old Jose Sierra, Roland’s brother, was treated at Randolph Hospital and released. Valencia was airlifted to Wake Forest Baptist Medical Center. Roland died at the scene of the wreck.

The crash happened on southbound U.S. 220 bypass near Sunset Avenue at about 12:30 p.m. Police said Valencia was speeding and driving erratically when her 2003 Dodge Stratus ran off the right side of the road, overturned and flipped up an embankment.

Valencia is described as a family friend visiting from Phoenix, Arizona. Sergio Sierra, the children’s father, said in an interview that he and his wife had no idea that the boys had gotten in a car with Valencia.

“We never would have let that happen – never – especially because we knew she was drinking,” Sergio said.

Asheboro police reconstructed the wreck the next Monday. Valencia was charged shortly afterwards.

These are the charges against Valencia:

Involuntary manslaughter
Felony death by motor vehicle
2 counts of felonious restraint
Driving while impaired
Failure to secure a passenger under 16
Open container
Reckless driving to endanger

Captain Jim Smith with the Asheboro Police Department said that Valencia is charged with felonious restraint because she didn't have parental permission to have the boys with her.

Roland was sixth-grader at Southwest Randolph Middle School. One of his teachers described him as a good learner, athletic, and well-liked.

Despite tougher laws, constant media messages warning against the dangers of drunken driving, and the best efforts of law enforcement, deaths from alcohol-related accidents keeps mounting.

Every day, almost 30 people in the United States are killed crashes that involve an alcohol-impaired driver, according to the Centers for Disease Control and Prevention. This amounts to one death every 48 minutes. In 2009, 10,839 people were killed in alcohol-impaired driving crashes, accounting for nearly a third of all traffic-related deaths in the United States.

In our state, the North Carolina Alcohol Facts website reports there were 363 alcohol-related fatal crashes in 2009. Of all fatal crashes, 29.4 percent involved alcohol. And the trend is not consistently downward. The worst year listed for this decade was as recent as 2007, with 447 crashes. The lowest number of fatal wrecks was back in 2001, with 334.

Heart-wrenching stories like the one that happened in Asheboro are retold thousands of times. We can only hope that increased awareness and tougher laws will reduce the occurrence of these senseless deaths and injuries.

After an accident it is wise to consult an attorney. If you have questions about legal issues in this article or in your own personal injury suffered in a wreck, call me directly for help – Lawrence Egerton, 336-273-0508, or 800-800-4LAW, or e-mail me at le@egertonlaw.com.

You will always talk to an attorney the first time you call.

Police Pursue George Earl Johnson; Chase Ends in 2 Car Crashes

Thu, 24 Feb 2011 08:00:00 EST

Trooper Justin Matthew Maness was in pursuit of driver George Earl Johnson, Jr., 26, of Jamesville, NC for speeding at 73 mph in a 55 mph zone when the two vehicles were involved in a series of collisions.

Around noon on February 14, 2011, Trooper Maness followed Mr. Johnson through the parking lot at the Williamston Wal-Mart. As the two cars near the entrance to a KFC/Taco Bell, they came into contact with one another. The impact caused Mr. Johnson’s vehicle to veer out of control, finally stopping in front of a sign. Trooper Maness’s patrol car jumped the curb, struck a sign and landed in the grass near the parking lot.

Surprisingly, the story does not end there. Mr. Johnson attempted another getaway. As he pulled forward, his car hit another State Highway Patrol car head-on. Sergeant Kiplin Gray Sales was driving this second patrol car and sustained serious, evident injuries, according to the official accident report.

In the car with Mr. Johnson were two minors: Anthony Willis, 13, and Altarrek Bell, 8. Since these two children were in the car at the time of the incidents, Mr. Johnson has been charged with misdemeanor child abuse.

Mr. Johnson also faces charges of speeding 73 mph in a 55 mph zone, careless and reckless driving, felony speeding to elude arrest, driving while license revoked, and—last but not least—assault on a law enforcement officer with a deadly weapon.

Hopefully Sgt. Sales was not injured in a way that will cause him lasting disability.

Burlington motorcyclist struck at intersection, airlifted to hospital

Tue, 22 Feb 2011 08:00:00 EST

Randy Gene Ector Jr., age 28, was airlifted to UNC Hospital in Chapel Hill after his motorcycle was struck by a car on Sunday, February 20, in Burlington, North Carolina. The driver of the car, Glenda Fay Brown, 43, was cited with failure to yield the right-of-way, news reports said.

Ector, who is a member of the Greensboro Police Department, was riding a 2007 Kawasaki west on North Fisher Street when the accident took place around 4:20 p.m. Ector, who lives in Burlington, was off duty at the time of the crash.

If you ride a motorcycle, you know there are a lot of hazards out there. Statistics from the National Highway Traffic Safety Administration – and common sense – tell us that motorcyclists are more at risk for serious injuries than are occupants of passenger cars.

Burlington police said that Brown had stopped her 2000 Pontiac at the stop sign on Fulton Street at North Fisher Street. She then drove into the intersection and struck the motorcycle. The NHTSA reports that during 2008, roughly 50 percent of all fatal two-vehicle crashes involving a motorcycle and a passenger vehicle were intersection crashes.

Ector was listed was in fair condition Monday. Brown was not seriously injured.

We hope that Officer Ector can make a quick and full recovery from his injuries.

Damage to Brown's vehicle is estimated at $2,500. Damage to the motorcycle is about at $9,500.

It’s a simple fact that motorcycles are smaller and harder to see than cars and trucks. It’s also harder to judge the speed and distance of an approaching motorcycle than with larger vehicles. Every motorist should make it his or her personal policy to take driving seriously and stay aware of every type of vehicle on the road.

The NHTSA provides a fact sheet with tips on how to avoid accidents with motorcycles. Examples:

Allow the motorcyclist a full lane width.
Remember that a motorcyclist can be hidden in a vehicle’s blind spot or missed in a quick look due to its smaller size.
Remember that road conditions that are minor annoyances to motorists can pose major hazards to motorcyclists. Riders may change speed or adjust position within a lane suddenly in reaction to potholes, gravel, wet or slippery surfaces, railroad crossings, and other obstacles.

And motorcyclists should make sure they are doing everything they can to protect themselves. This survey by the North Carolina Governor’s Highway Safety Program collected advice from motorcyclists on how to avoid being injured in a crash. (The safety tips are at the end of the document.) The survey also includes a variety of information such as the demographics of riders, helmet usage, crash experience and other statistics.

Distracted driving accident leaves grandfather, mother dead; 1-year-old critical

Fri, 18 Feb 2011 08:00:00 EST

Police say that Sharai Bauer, age 18, was speeding when she struck and killed two people and injured a child in an accident on Wednesday morning, February 9, 2011 in southwest Charlotte, North Carolina.

Ji Sheng Lu, 66, died at the scene. His daughter, 37-year-old Jing Lu, passed away several hours later after being air-lifted to Carolinas Medical Center, news reports said. Jing Lu's 1-year-old son was transported by ambulance to CMC with serious injuries. He has been released from CMC.

Immediately after the accident, Bauer, of Clemmons, was arrested at the scene and charged with misdemeanor death by vehicle. Bauer was not hurt in the crash. Charlotte-Mecklenburg police said Bauer was driving at least 48 mph in a 25-mph zone.

When Jing Lu died later that evening, Bauer was charged with another misdemeanor death-by-vehicle charge. She was released from the Mecklenburg County Jail after posting $5,000 bond.

The crash occurred at 11:35 a.m. along the 13600 block of Corsica Forest Drive, which is located in front of The Enclave at Rivergate Apartment Homes and near the Huntington Forest neighborhood in the Steele Creek area.

Police said the child was being pushed in a stroller by either his grandfather or mother when they were hit.

Bauer’s car struck the family from behind as they were walking southbound in the roadway.

Bauer’s attorney said that she was driving her 1999 Pontiac Grand Prix when her cell phone slipped off the console. As she reached down to get it, her lawyer says, she felt the crash.

As we have said before, the electronic gadgetry of our times makes distracted driving an ever-increasing hazard on our roads, as well as a political hot topic. Texting, talking on cell phones, operating a GPS device all are activities that can turn deadly in a split second.

However, even though this incident involved a cell phone, it’s actually more old-school. Dropping something on the floorboard and taking your eyes off the road to find it has been a danger since the days of the horseless carriage. It doesn’t have to be a cell phone that falls. It could be a can of soda, a pair of sunglasses, a cigarette.

This incident is a heart-wrenching for everyone it touches. A grandfather and his daughter are dead, and a little boy may have permanent injuries. The families affected are certainly devastated, and I doubt that the driver’s emotional scars will ever heal.

Bauer is scheduled to make her first court appearance March 23. The charges against her are each punishable by up to 150 days in jail.

Police say they will confer with the Mecklenburg County district attorney to determine if the charges against Bauer should be changed to involuntary manslaughter, a felony.

This accident is a reminder of how frighteningly easy it is to lose concentration when we are behind the wheel. We don’t need 4G technology to create distractions that cause a fatal crash. So many times driving becomes so casual that we turn the task over to our mental “automatic pilot.” Then we snack, drink, read maps, jot down notes, apply make-up, fiddle with the radio.

We need to keep it in the front of our minds that driving a car is serious business, and as drivers we must stay alert - all the time.

Demetrice Ammons, Melissa James Injured in Wrong Way Fatal Car Crash

Thu, 17 Feb 2011 08:00:00 EST

People are living longer which means they’re driving longer, too. Older motorist drove 29 percent more miles annually during the six-year period between 1995 and 2001. And there were over 20 million licensed drivers older than 70 in the U.S. in 2007 according to the Federal Highway Administration.

Some senior citizen advocates think elderly drivers need to be retested more frequently to maintain their driver license. Others, especially the aging drivers, believe testing threatens their freedom and independence.

Near Mocksville, NC, an elderly woman was killed when she crashed her vehicle head on into another car on Interstate 40. The 76-year-old woman—Barbara Topa—was travelling in the wrong direction down the interstate when the collision occurred. Though it is unclear whether her age contributed to her wrong-way driving, it might not be a far-fetched conclusion.

Whatever the cause of the fatal wreck, two other people were also injured as a result. Demetrice Ammons, 39, of Kernersville was transported to Wake Forest University Baptist Medical Center where she received treatment for serious injuries but is currently listed in stable condition. She was the driver whose car was hit head on by Barbara Topa’s vehicle.

Melissa James, 42, of Winston-Salem was reportedly unable to avoid the original wreckage and collided with one of the cars. She was taken to the hospital with what are being described as “minor injuries.”

Perhaps we should consider precautions to keep elderly drivers safe in North Carolina. Eye tests and reaction tests could be a requirement for license renewal over a certain age. A written and road test might also be appropriate measures if these tests could save lives.

One important way all drivers—especially those with failing eyesight and reaction time—can ensure safety on our streets and highways is to avoid following too close. I follow Lawrence Egerton’s Brick Wall Rule:

You should be far enough behind the car in front of you so that if that if that car suddenly turned into a brick wall, you could stop before you hit it.

School Bus Driver Causes Crash in High Point, NC

Wed, 16 Feb 2011 08:00:00 EST

A school bus driver in High Point, NC has been charged with making an improper right turn.

Gay Renee Clark of Greensboro was travelling down East Lexington Avenue and tried to make a right hand turn onto McGuinn Drive on February 9, 2011. Though school buses are notorious for making wide right hand turns, Ms. Clark chose to attempt a right hand turn from the left hand lane of traffic.

Unfortunately, at the same moment, Lakeshia Nachele Welch of High Point was driving down East Lexington in the right hand lane. Her Pontiac struck the side of the school bus and was lodged beneath it. Miraculously, Ms. Welch appears to be unharmed.

Nineteen students were onboard for the crash. Most of them were unscathed, but one was taken to a local hospital. Several other students were also injured.

Cobalt poisoning poses very real risk to DePuy hip implant patients

Sun, 13 Feb 2011 08:00:00 EST

Along with the pain, swelling, difficulty walking and other possible problems facing DePuy hip implant patients, another serious health danger is cobalt poisoning (cobaltism). Thousands of patients with these recalled hip joint replacements will require another operation called revision surgery to replace the device.

Arthroprosthetic cobalt poisoning, along with its own very serious effects, can cause metallosis, which damages tissue around the prosthesis and can make the revision surgery less likely to succeed.

In September 2010, a doctor in Alaska published a case study of two patients with DePuy implants who had extremely high levels of cobalt in their bloodstream – 100 to 500 times normal. These are symptoms from cobaltism caused by the defective implant in these two patients:

tinnitus
deafness
vertigo
visual changes
rashes
hypothyroidism
tremor
dyspnea on exertion
mood disorders
dementia
heart failure
peripheral neuropathy

The surgeon, Dr. Steven Tower, advises that medical providers should ask patients who had these symptoms if they have had a hip replacement, and if so what type. If they have, their cobalt level should be tested.

As it turns out, the doctor himself was one of the two patients in his study. This is his opinion on that circumstance: “In my case and in the case of my patient I believe that causality is proven rather than suggested. … That I was a subject of my own report suggests that cobaltism is not rare in metal-on-metal implantees.”

Dr. Tower also reported additional symptoms from four other cases he researched. They include mental inefficiency, poor concentration, fatigue, headaches, convulsions, peripheral paresthesias, weight loss, slowed nerve conduction velocities, heart failure with tachycardia, systolic dysfunction, interstitial fibrosis, nail changes, dysgeusia, and muscle atrophy.

Background of the hip recall

The hip implants in question are as the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. In August 2010, the DePuy Orthopaedics company, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems. DePuy stated that “13 percent of patients (1 in 8) who had received the ASR total hip replacement needed to have a revision surgery.”

With a faulty implant, as the ball and the socket of the metal joint rub against each other, friction scrapes off microscopic ions of cobalt and chromium. These particles enter the lubricating fluid that surrounds the implant. They also accumulate in nearby parts of the body, and flow through the bloodstream.

Protect yourself

DePuy has offered to cover “reasonable and customary costs of testing and treatment, including revision surgery,” and to reimburse patients for “reasonable out-of-pocket expenses.”

Obviously the damage that can potentially be caused by one of these defective devices is far greater than that. The severity of the health issues involved and DePuy’s limited offer of compensation mean you need the counsel of an expert hip-replacement attorney. The attorneys at Egerton Law can help.

More information from Egerton Law:

Further background.

Documents requesting access to your medical records (Which you should not sign.)

Why, after revision surgery, you must retain possession of your removed hip joint (explant).

The story of a lost explant.

Pedestrian Lynn in stable condition after hit and run

Sun, 13 Feb 2011 08:00:00 EST

Richard Lynn was hospitalized after a hit-and-run accident Friday night, February 11, 2011. Lynn, age 50, was walking in front of 2305 Madre Place in Greensboro, North Carolina, when a cream or tan-color, newer model Cadillac struck him and left the scene. Police responded to the hit and run at 9:15 p.m., news reports said.

Lynn was reported in stable condition late Friday evening at Moses Cone Hospital.

Police ask those with information to call Crimestoppers at 373-1000.

Hit-and-run accidents are almost always an ugly business. Simple panic is one of the first reasons a driver runs from a crash. But other factors can play into and build on that panic and impulse to get away. These are a few:

A bad driving record.
A suspended or revoked license.
A criminal record.
Driving while under the influence of alcohol or a controlled substance.
The knowledge of the driver that he or she was at fault and driving recklessly, or while distracted, or simply too fast.

In any case, when a driver hits and runs, it indicates a rash or desperate decision.

We hope that the driver in this incident will be caught, and that Mr. Lynn will recover fully and will be compensated fairly for his ordeal.

A detailed and official accident report that describes the accident is now available on www.egertonlaw.com.

Metallosis: One danger of DePuy hip implant failure

Wed, 09 Feb 2011 08:00:00 EST

One of the complications that patients with a defective DePuy Orthopaedics hip implant may face is metallosis, a condition in which metal particles build up in the tissue around the implanted joint. Thousands of patients with these recalled implants will require revision surgery to replace the device.

Symptoms of metallosis include:

• Pain around the hip joint

• Difficulty walking

• Swelling around the implant area

• Rash that is a sign of dying tissue

Those symptoms may indicate these severe problems:

• Loosening, when the implant does not stay attached to the bone in the right position.

• Fracture, where the bone around the implant may have broken.

• Dislocation, where the two parts of the implant that move against each other are no longer aligned. This happens because tissue around the joint becomes inflamed and weakened, and can’t hold it in place.

• Damage to the nerves, tissues and muscles near the implant area

Background of the hip recall

How metallosis develops

As the ball and the socket of the implant rub against each other, friction scrapes off microscopic ions of cobalt and chromium, which enter the lubricating fluid that surrounds joints. These particles disperse and accumulate in nearby parts of the body, and also flow through the bloodstream.

The immune system reacts to the metal ions by automatically inflaming the area around the debris. The inflammation is the body’s attempt to contain the foreign particles in the inflamed area so the metal can't spread to the rest of the body.

How metallosis affects the body

Along with the symptoms listed above, there are other problems associated with metallosis.

During revision surgery, doctors often find dense black staining of the synovial membrane and surrounding muscles. The membrane is a sac filled with fluid that helps certain joints move freely. In the case of the DePuy hip implant, it appears that the immune system inflames cells in the synovial membrane, causing synovitis. Synovitis is painful, since the inflammation prevents the joint from rotating properly.

Surgeons also often find pseudotumors, masses of inflamed cells that look like tumors. They can be either solid or fluid-filled and have been found more commonly in women and persons of small stature. Patients who had pseudotumors usually had gradually increasing pain.

Doctors have also found greatly elevated levels of cobalt and chromium in hip revision patients. Both metals have been linked to cancer, and cobalt poisoning (cobaltism) has serious side effects including neurological (brain) damage, heart irregularities, and seizures.

The dangers posed by the DePuy hip implant failure become ever more disturbing as time goes by. DePuy has offered to cover “reasonable and customary costs of testing and treatment, including revision surgery,” and to reimburse patients for “reasonable out-of-pocket expenses.”

Media links:

New York Times:

Early Warning

Broken system

More information from Egerton Law:

Documents requesting access to your medical records (Which you should not sign.)

Why you must retain possession of your hip joint (explant) after surgery.

The story of a lost explant.

Michael Annett, NASCAR Racer, Charged with DWI, Driving while Texting

Tue, 08 Feb 2011 08:00:00 EST

According several local and national media outlets, Michael Annett—a second-tier NASCAR driver employed by Rusty Wallace Racing—rear-ended a vehicle that was waiting at the intersection of NC 150 and Williamson Road in Mooresville on February 6, 2011.

Mr. Annett admitted to texting as he approached the intersection, which contributed to his failure to reduce speed.

One policeman witnessed the car crash and said he saw Mr. Annett stuffing breath mints in his mouth as the officer approached the driver’s Toyota. Needless to say, officers on the scene had Mr. Annett take a breathalyzer test. The report states that his BAC—blood alcohol content—was .32, well beyond the legal limit in NC of .08. Mr. Annett clearly jeopardized his own life in addition to the lives of his passenger and others on the road that night.

Mr. Annett’s NC driver license has temporarily been suspended, but that will not necessarily affect his employment because NASCAR does not require a state-issued driver license to compete in races. In fact, he remains scheduled for his first race with the Rusty Wallace Racing team next week.

Still, NASCAR and Rusty Wallace Racing officials are investigating the incident and considering the most appropriate penalties for Mr. Annett. Their punishment would be in addition to whatever penalties he faces after he attends court in March.

One possibility is that Mr. Annett might be compelled to complete one year of community service. Perhaps that could include efforts to raise awareness about the dangers of drinking and driving. Mr. Annett could also use his celebrity and turn this negative experience into a positive by spreading the word about the risks involved with distracted driving.

At any rate, hopefully Mr. Annett has learned a valuable lesson about drinking and driving and driving while texting in North Carolina.

Distracted Driving Discussed by NC House and Senate

Mon, 07 Feb 2011 08:00:00 EST

In December, 2009, North Carolina joined the ranks of other states across the nation that enforces laws prohibiting texting while driving.

Since then more than 1,200 individuals have been issued citations for violating the law. Though various laws limit the privileges of new and teenaged drivers—including a ban on talking on a cell phone while driving for motorists under the age of 18—the law against texting while driving extends to motorists of any age.

In fact, a review of court records found that most of the drivers ticketed for disobeying the ban were over the age of 25. The average age of violators is 28.

Apparently, experienced and adult drivers feel so compelled to stay in touch with work that they check email while driving, which is also banned under the texting law.

Guilford County, which includes the cities of Greensboro and High Point, had the highest number of citations issued for violating the texting while driving law at 118 through the beginning of 2011. Mecklenburg County, where Charlotte is located, reported 114 while Wake County, where the capital city of Raleigh is located, claimed 107 violations.

Now, North Carolina lawmakers are considering taking the push against distracted driving a step further.

Senator Charlie Dannelly and Representative Garland Pierce introduced two new bills—Senate Bill 36 and House Bill 31, respectively—that would make it illegal to use any form of digital media while driving in North Carolina.

Yes, that even means no talking while driving.

Motorists would face a $100 fine and court costs if they are caught using cell phones, cameras, music, the internet and games on digital devises if the bill is passed. If the bills are made into law, they would go into effect on December 1, 2011, two years to the day after the ban on texting while driving went into effect.

Though many of us have already taken the pledge to not use a phone or digital devise while driving, a law making it illegal would promote safe driving across the state.

Page High School Hosts Teacher-Turned Comedian for Anti-Bullying Event

Fri, 04 Feb 2011 08:00:00 EST

Bullying is no laughing matter, but humor has the power to heal.

Keith Deltano is a nationally-known motivational speaker who will travel to North Carolina to speak at Greensboro’s Walter Hines Page High School. He has experience as a 6th grade teacher, youth leader and private counselor.

Using comedy, Deltano challenges kids and young adults to consider bullying from various angles: catcher, thrower and spectator. According to his website, his program, “Don’t Bully,” is about “acceptance, making new friends by reaching out, and encouraging the audience to stop judging one another by outward appearance, speech or economic status.”

Keith’s message is an important one that tries to cut at the core of a pervasive issue in the American educational system. Bullying is so prevalent, in fact, that you might even find yourself questioning how it could ever come to a stop. Many people seem to think it’s just something you have to go through, that all kids are victims or perpetrators (or both!) at some point during their childhood. Even 25% of teachers don’t consider bullying an issue!

But at some point, school communities have to put a foot down. Research is beginning to show the clear connection between bullying and suicide. In fact, bullying has been linked with serious violence, school shootings and hazing activities, according to the U.S. Department of Education.

But contrary to popular perception, world-wide research indicates that the rate bullying can be reduced by up to 50%. Organizations like Stop Bullying Now! and individuals like Keith Deltano go a long way in raising awareness about the problem. These dedicated folks also lend a hand in preventing bullying.

If you can attend Mr. Deltano’s free event, you could become an instrumental part of the solution, too. Mr. Deltano will be speaking on Monday, February 7, 2011 at 7:00 p.m. in the auditorium at Page High School, which is located at 201 Alma Pinnix Drive in Greensboro, N.C.

Arrest made in hit-and-run that killed horse, injured two riders

Wed, 02 Feb 2011 08:00:00 EST

Timothy George Hardin has been arrested on suspicion of being the driver in the hit-and-run accident that severely injured Carlee Shay Jones and James Cody Burke and killed Jones’s horse near Cherryville, North Carolina, on Sunday, January 30, 2011.

Hardin, 46, of Bessemer City, was charged on Monday with two counts of felony hit and run, a misdemeanor hit and run, and driving with a revoked license. Burke, age 24, of Cherryville, and Jones, 22, of Gastonia, were in intensive care with head injuries and listed in fair condition Monday afternoon, according to the Shelby Star.

As I pointed out in a blog yesterday, the circumstances of this incident suggest there were factors that could have contributed to why the driver fled the scene. One reason I listed for why a driver may panic and run after a crash is that he or she was driving with a revoked license.

The wreck took place at 1:43 a.m. on Hepzibah Church Road, near the intersection with Whitesides Road. After a trip to Wal-Mart, Burke and Jones were riding her horse, “Leo,” back to the barn where she boarded him. They had stopped to talk to a friend who was driving by in a Ford Mustang, according to N.C. Highway Patrol Trooper Frank O’Dell.

A vehicle driving east struck the horse, killing him and throwing Burke and Jones onto the pavement. The vehicle also swiped the back left side of the friend’s car.

When paramedics with Gaston Emergency Medical Services arrived, Burke and Jones were lying in the road. One witness, who went to the scene after hearing “a loud boom,” said Carlee had been going in and out of consciousness.

Hardin, who was being held in the Gaston County Jail on a $20,000 bond, reportedly told the Highway Patrol he thought he had hit a deer.

The impact of a car striking a deer would be significantly less violent than striking a 10-year-old Quarter Horse, which is the horse involved in this incident. Such a horse would weigh at least 1,000 pounds and likely more, and stand from 14.3 to 16 hands high. That translates to 4 feet 11 inches to 5 feet 4 inches tall – at the top of the shoulders, the withers.

A buck white-tail deer over 200 pounds and much more than 3 feet tall at the shoulders would be considered a very big deer in this region.

Remember, a witness heard “a loud boom" from the impact. Not what you usually hear when someone hits a deer.

It was not reported whether Hardin recalled any collision with a car.

Families of both victims are trying to remain optimistic, said Jones’s sister, Amber Jones Gladden. Carlee Jones works as a nursing assistant at Morningside assisted living center in Gastonia, and is a graduate of Forestview High School, Gladden said, and Burke graduated from Cherryville High School.

Media links:

Photos of Carlee Jones with her horse, Leo; James Cody Burke, Timothy Hardin (wbtv.com)

Further details and background (The Shelby Star)

Two injured, horse killed in hit-and-run near Cherryville

Tue, 01 Feb 2011 08:00:00 EST

A hit-and-run driver injured two people and killed a horse in an accident near Cherryville on Sunday, January 30, 2011.

James Cody Burke, age 24, of Cherryville, and Carlee Jones, 22, of Gastonia, were the victims of the crash. Both were transported to Cleveland Medical Center in Shelby, according to this report by the Gaston Gazette.

They were then airlifted to Carolinas Medical Center in Charlotte, where both were in intensive care with head injuries and listed in fair condition Monday afternoon, according to the Shelby Star.

The incident took place at 1:43 a.m. on Hepzibah Church Road, near the intersection with Whitesides Road. Burke and Jones had ridden the horse to the Wal-Mart in Cherryville. They were returning and stopped in the road to talk to a friend, according to N.C. Highway Patrol Trooper Frank O’Dell.

A vehicle driving east struck the horse. Burke and Jones were thrown to the pavement. The vehicle also swiped the back left side of the friend’s car.

When paramedics with Gaston Emergency Medical Services arrived, Burke and Jones were lying in the road. The Gaston County Police Department also responded to the scene.

Burke couldn’t give any details about what had happened due to his receiving medical attention, and Jones was too distraught to speak.

“She was pretty upset because of the horse being deceased,” O’Dell said.

Witnesses said the other vehicle was going very fast, said O’Dell, who described the road as being “really curvy.”

The hit-and-driver’s automobile was described as a “smaller” vehicle. Pieces of the car were found at the scene and may help identify the driver.

Hit-and-run accidents are almost always an ugly business. Simple panic is one of the first reasons a driver runs from a crash. But other factors can play in and build on that panic and desire to flee. These are a few:

A bad driving record.
A suspended or revoked license.
A criminal record.
Driving while under the influence of alcohol or a controlled substance.
The knowledge of the driver that he or she was at fault and driving recklessly, or while distracted, or simply too fast.

It is impossible to know the facts at this point, but this wreck has suspicious factors. The wreck occurred at about quarter till two in the morning, prime time for impaired driving, as well as drowsy driving. Witnesses saw the vehicle driving at high speed before the crash, and speeding to make a fast getaway. And with probable severe damage to the car, the driver fled anyway. His or her desperation to get away was such that the driver sideswiped a car while driving off – a rash decision that would be typical of something done under the influence of alcohol.

Mr. Burke and Ms. Jones have suffered serious injury and a severe trauma because of this driver, along with the loss of a beloved animal. We hope that they will be compensated fairly for their ordeal.

Downtown Greensboro DWI, Hit-and-Run

Tue, 01 Feb 2011 08:00:00 EST

David Townsend Ward, 50, of High Point, faces charges including two counts of hit and run with serious injury, driving while impaired (DWI), failure to report a collision, failure to drive on the right side of the road and reckless driving.

On Friday night, January 28, 2011, David Ward allegedly drove across the median on East Market Street in Greensboro and struck a car head-on. Injuries were reported following the car crash, but the conditions of the victims remain unclear.

According to police, after the head-on collision David Ward did not stop but continued driving east down the westbound lanes of Market Street. He wrecked several other vehicles and ran over one pedestrian’s leg!

Take a look at the diagrams drawn up by authorities on the official accident reports.

Collision Causes Car to Wreck with Semi-Truck in Wilmington, NC

Thu, 27 Jan 2011 08:00:00 EST

In Wilmington, N.C. on January 26, 2011, several people were involved in an automobile accident on an MLK Parkway off-ramp near the Burgaw exit. Three of the injured victims were children while one was an adult.

Authorities say a vehicle collided with another car on the exit ramp and pushed it across a median where it was then hit by an oncoming semi-truck. It sounds like the car that caused the accident was either following too close or failed to reduce speed to avoid the car crash.

The three children and adult in the impacted vehicle were transported to an area hospital, but their conditions are currently unreleased. Hopefully, they have not suffered serious injury or death.

Winston-Salem City Officials Plan New Bike Lanes

Tue, 25 Jan 2011 08:00:00 EST

Even before the results from an online survey conducted by the North Carolina Department of Transportation are released, Winston-Salem city officials plan to increase the miles of bike lanes in their city.

Acadia Avenue will get a brand new bike lane stretching about a mile between Buchanan Street and Sunnyside Avenue. The existing bike lane on South Main Street will be extended to Clemmonsville Road. In total, city officials plan to create at least 40 more miles of bike lanes between now and 2016.

The idea behind the new bike lanes is to encourage more citizens to ride their bikes on a regular basis. Bike lanes make it easier for cyclists and motorists to share the road and prevent wrecks and serious injury. Daily commutes to work or to run errands might be more popular if routes including lanes specifically designated for cyclists are added to city streets.

City officials are confident that street lanes will remain wide enough to accommodate bicyclists and motorists safely and comfortably.

As of right now, some commuters chose to ride their bikes down city sidewalks, which is not a safe practice for them or pedestrians. The additional bike lanes should take care of problems bikes present for sidewalk traffic.

If you are interested in voicing your opinions regarding bicyclists, pedestrians and traffic safety, consider taking the NC DOT’s brief online survey before February 8, 2011.

It is vital that you retain possession of your hip explant

Tue, 25 Jan 2011 08:00:00 EST

Archaeologists studying the bones of people buried thousands of year ago can uncover an amazing amount of information about how those people lived. The wear on a human skeleton can reveal such things as how much a person weighed, whether he or she was left-handed or right-handed, or even that person’s occupation or position in society.

And if you have had an artificial joint implant, that device can reveal information about you.

This is something that the DePuy Orthopaedics company knows very well.

Which would explain why, if you are having hip “revision surgery” to replace one of their faulty hip implants, this company would like to obtain possession of that defective joint after it is removed.

That joint falling into their hands is not something you want to happen. The device that was implanted in your hip – called an “explant” after it has been removed – belongs to you. You may not have considered that it is your property, bought and paid for, but it is.

Here is some background on the DePuy situation: On August 26, 2010, DePuy, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems. The hip implants are known as the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. About 93,000 of them have been implanted worldwide.

DePuy has disclosed that chances are that 13 percent of patients – one out of eight – who had total hip replacement with the ASR system will need painful and expensive revision surgery. This link will show you some symptoms of a faulty device.

DePuy has since contacted surgeons who implanted the devices with an array of requests and a cash offer. One request that doctors provide patients with a release form that will give DePuy access to your medical records. The form describes what DePuy is asking for as “Specific description of information to be used or disclosed, including date(s).” But the form calls for much more than mere information. Look at this excerpt of what they want turned over to them:

The explanted ASR product component(s), associated hip stem, if applicable, and related tissue samples, if available.

In other words, DePuy wants possession of the defective joint itself after it is surgically removed from the patient – and tissue samples from the patient!

The letter to physicians adds: “We appreciate your assistance with this process, and we will provide compensation at a rate of $50 per patient for each completed form that is submitted to DePuy.”

In another letter to physicians, DePuy warns:

“We regret that without access to all of the appropriate medical information, it is unlikely that we will be able to consider the patient’s claims for reimbursement and prompt resolution of their claim may not be possible.”

An investigation we made into one client’s experience with revision surgery turned up a disturbing story. After following a tangled trail in our effort to locate the explant we found that the device was reportedly thrown away after the surgery. Actually, we were only told it was thrown away – no one could really tell us with absolute certainty where it was. It could well be in the possession of DePuy Orthopaedics.

The company has certainly stated clearly that it wants the explants. The condition of the device could be crucial evidence that it was faulty. Or DePuy could want to use the explant to try to prove that your lifestyle caused the failure of the device.

The attorneys of the Egerton Law firm can help you. We can review the documents that you receive, explain their ramifications, and advise you on how to proceed. If you have already signed documents, we can tell you how to undo that.

We are currently representing a number of persons who are planning the revision surgery. We are arranging with the surgeons and hospitals to have our representative present at the operation to obtain the explant, which will then be packed in specially designed, iced packages and sent by Federal Express to an independent laboratory for analysis and storage.

It is vital that you understand your legal rights and how to protect them before you see your doctor, and especially before you schedule any surgery.

Omar Joseph Scott Charged in Hit-and-Run Death of Stefan Jalen Fairfax

Mon, 24 Jan 2011 08:00:00 EST

The man who is allegedly responsible for fatally hitting Stefan Jalen Fairfax and then fleeing the scene of the accident is reportedly in Forsyth County jail after turning himself in to authorities on Friday, January 21, 2011.

According to police, Omar Joseph Scott, 27, of Lexington, N.C. hit and killed 17-year-old Stefan Jalen Fairfax while he was waiting for a bus on North Cherry Street in Lexington on December 29, 2010.

Stefan Jalen Fairfax was taken to Wake Forest University Baptist Medical Center after Mr. Scott’s 2008 Jeep Patriot ran off the road and struck him. Stefan died at the hospital.

Mr. Scott has been charged with felony hit-and-run involving serious injury and misdemeanor death by motor vehicle. Neither alcohol nor speeding is considered contributing factors in the tragic accident.

Falen Helms Dies in Highway Accident near Archdale, NC

Mon, 24 Jan 2011 08:00:00 EST

Falen Christine Helms, 28, of Thomasville, N.C. was driving down Interstate 85 near Archdale just before 4:00 a.m. on Saturday, January 22, 2011 when she was in a fatal accident.

According to N.C. Highway Patrol Trooper K.M. Kutzer, Ms. Helms’s vehicle hit the head of a guardrail in the median of the highway. The impact knocked the battery out of her 2004 Acura RSX, rendering it immobile when it came to rest in the middle of the road.

A second collision then occurred. A Chevrolet pickup truck driven by Arthur Ray Gurley, 51, of Salsbury, was travelling down the interstate at the time and t-boned Helms’s car on the passenger side. Trooper Kutzer said Mr. Gurley admitted he was travelling home from work with the vehicle in cruise control at 70 mph when he came upon Helms’s disabled Acura.

No charges have been filed against Mr. Gurley. He was not speeding and is not suspected of driving while intoxicated. He sustained serious injuries as a result of the collision with Falen Helms's car.

You can click to view an official accident report on www.egertonlaw.com.

Another N.C. A&T official fired over track tryout death

Fri, 21 Jan 2011 08:00:00 EST

In another development in the case of the N.C. A&T University student who died after collapsing at a sports tryout, A&T has fired an associate athletics director and suspended its head trainer.

Jospin “Andre” Milandu died after collapsing at a track-and-field tryout on Aug. 19, 2010. In October, the N.C. Medical Examiner’s Office cited complications of sickle cell trait and physical exertion as the cause of his death.

The young athlete’s death could have been avoided, according to a doctor who an expert on the sickle cell trait and college athletics policy regarding testing for it.

The NCAA mandated on Aug. 1 that all students trying out for sports teams be tested for sickle cell trait, show proof of a test, or sign a release. In Milandu’s case, none of these requirements were met.

News reports recently have revealed that two days before Milandu’s death, an e-mail was sent to several A&T coaches, including the track coach, asking that sickle cell tests be requested only for students who had made the team, not for students trying out. The reason given was that the tests were too costly.

This week, N.C. A&T Associate Athletics Director Merlene Aitken was fired. Chief athletics trainer Roland Lovelace, who sent out the e-mail, was suspended with pay.

Aitken was copied on the e-mail, but university officials did not find it in an initial investigation into Milandu’s death.

After its first investigation into Milandu’s death, the school fired Athletics Director Wheeler Brown and Darryl Hills, NCAA compliance director, in October.

In speaking to the UNC Board of Governors’ Governance Committee Thursday, N.C. A&T Chancellor Harold Martin said that Lovelace and Aitken did not offer complete information initially, according to an editorial in the News & Record newspaper of Greensboro.

A doctor who was one of the key members of the group drafting the NCAA policy said that Milandu’s death could have been prevented if N.C. A&T had followed NCAA rules for physicals. “They were mandated to screen him,” said Dr. Randy Eichner, professor emeritus of medicine at the University of Oklahoma Health Sciences Center. “If they had done that, then they would have known about the trait.”

According to an attorney representing the family, A&T officials visited the family after Milandu’s death and asked them to agree to a $10,000 settlement in the death of their son.

An A&T spokesperson said that the $10,000 is an accidental death insurance policy covering each student. The family didn’t take the policy, their attorney said.

Fewer DWI Arrests in Guilford County during 2010-2011 Holiday Campaign

Tue, 18 Jan 2011 08:00:00 EST

ncdot.com

Law enforcement officials participate in a statewide campaign against driving while intoxicated (DWI) hosted by the NCDOT North Carolina Governor’s Highway Safety Program during the holiday season each year. The program has recently published its “2010 Holiday Booze It & Lose It Campaign Totals.”

This year the perennial tradition yielded 140,830 total traffic and criminal violations across North Carolina. That number is down from 150,876 total citations during the holiday “Booze It and Lose It” Campaign held in 2009.

In Guilford County, N.C., DWI arrests fell by almost 40 percent. From December 3, 2010 to January 2, 2011, officers made 132 arrests. During the same season last year, officers arrested 217 people in Guilford County.

Just west of Guilford County, Forsyth County experienced an increase in DWI arrests. The number jumped from 65 arrests last year to 135 during this year’s campaign. That means Forsyth County came in with the third-most total DWI citations this year, behind Mecklenburg County with 360 and Wake County with the highest total—380 people arrested.

Elsewhere in the Triad and central N.C. piedmont region, DWI arrests were either fewer or remained the same as last year. Davidson County officials made 41 DWI arrests, Randolph County totaled 75, and Alamance County had 58. In Caswell, Davie, Stokes and Yadkin Counties, 16 or fewer people were arrested for DWI.

Throughout N.C.’s one hundred counties, 3,873 total DWI arrests were made during the 2010-2011 holiday season “Booze It & Lose It” Campaign.

Additionally, 8,445 total occupant restraint charges were made, with 1,161 of those violations made against child passenger safety restraints. Over 41,000 speeding citations were issued, 2,818 drug violations were reported, 177 stolen vehicles were recovered, and 1,721 fugitives were apprehended.

Many of these citations and arrests were made because of highly effective checkpoints held throughout the state. In all, 1,333 checkpoints were established during the “Booze It & Lose It” Campaign in all but seven of N.C.’s counties.

These numbers add up to a lot of unnecessary risks taken and a lot of important lessons (hopefully) learned. Fines might be a financial burden, but consider the potential of more dire consequences from driving while impaired, failure to wear proper restraints and speeding. Maybe North Carolinians will continue the trend of the most recent holiday season and even fewer DWI, criminal and traffic citations will be issued during the 2011-2012 holiday “Booze It & Lose It” Campaign.

You can view the official report online at www.egertonlaw.com.

Driver who struck, killed 11-year-old gets suspended sentence, probation

Mon, 17 Jan 2011 08:00:00 EST

The driver who struck and killed an 11-year-old Davidson County girl last September pleaded guilty recently to hit and run and received a suspended sentence and 24 months probation.

Emily Nicole Locklear was crossing N.C. 150 after checking her family’s mailbox just after 6 p.m. on Sept. 7, 2010 at the entrance to Whispering Pines Mobile Home Park, which is 5.6 miles northwest of Lexington, North Carolina. She was struck by a 2002 Acura being driven southbound by 19-year-old Chrystal Michelle Luck. Emily later died at Brenner Children’s Hospital.

Luck pleaded guilty to felony hit-and-run involving injury or death. She received a 13- to 16-month sentence which was suspended, and was ordered to serve 24 months of probation, the first six months of which are intensive. She was ordered to pay $2,312.19 in restitution.

According to the N.C. Highway Patrol, the car was traveling 59 miles per hour at the point of impact. The speed limit in the area is 55 mph. The child was thrown over 100 feet.

Mailbox-related crashes are not unusual. Among the common factors are that these accidents are more likely to happen to children and the elderly, and they are likely to occur in rural areas.

Commenting after the sentencing, Emily’s mother said she felt the ruling was not fair.

Before sentencing, Luck’s attorney told the judge that she made a bad decision in leaving the scene of the accident, and has struggled with depression since the crash. Court testimony indicated that Luck contacted authorities about an hour after the accident. Her attorney also said that Luck was not texting and was not under the influence when the crash occurred.

Interviewed the day after the crash, Emily’s mother and stepfather described her as a loving child and a good student who wanted to be a cheerleader when she grew up.

Mark Call, Beverly Call, Granddaughter Hit by John Jamie Kennedy

Fri, 14 Jan 2011 08:00:00 EST

John Jamie Kennedy was speeding and driving while impaired when he failed to reduce speed and struck another vehicle on Fairfield Road in High Point, NC on January 9, 2011.

Mark Call, his wife, Beverly Call, and their granddaughter, Peyton McKenzie Call, were the rear-ended victims.

Mr. and Mrs. Call were transported to High Point Regional Hospital. Fortunately, their injuries were non-life threatening.

Their granddaughter, who is only 2-years-old, was taken to Winston-Salem where she was in critical condition at Wake Forest University Baptist Medical Center. When she was released from the hospital, Peyton had serious injuries, including “a fracture, black eye and bruises on her legs,” her mother, Candace Drexler, said in an article on myfox8.com.

Mr. Kennedy had fled the scene at the time of the collision. Luckily, police found him later at a private residence in Archdale. Mr. Kennedy faces a host of charges: driving while impaired (DWI), driving while his license was revoked, failure to reduce speed to avoid a collision, possession of a stolen vehicle, possession of a stolen license plate, possession of marijuana, and possession of drug paraphernalia. His felony charges are: serious injury by motor vehicle, three counts of hit-and-run. Additionally, Mr. Kennedy had three outstanding warrants for probation violation.

Hopefully, Mark Call, Beverly Call, and their young granddaughter, Peyton, will each recovery fully and quickly.

To view an official accident report, click egertonlaw.com.

Paula Grant Woolard, Mother of 3, Dies on Icy Road in Kinston

Thu, 13 Jan 2011 08:00:00 EST

Paula Grant Woolard, 32, died in Kinston on the morning of January 11, 2011 when her Toyota Tacoma pickup truck hit black ice on Paul’s Path Road, left the road to the right, and struck a tree.

Paula was driving her daughter to a doctor’s appointment at the time of the fatal crash. Her truck impacted a tree on the driver’s side door. She died instantly, but her 2-year-old daughter survived without serious injury.

Paula was the mother of three children and the wife of a local officer.

Motorists are urged to remain vigilant following recent winter precipitation that fell across much of North Carolina earlier this week. Temperatures have remained cold with highs not much warmer than freezing in many areas.

Roads are especially treacherous at night, when any melted snow and ice refreezes shortly after dark. Drivers should also be careful in the morning because temperatures rise slowly and shaded surfaces on the road pose a particular threat.

Michael Stewart Killed, 3 Injured in Forsyth Wreck Due to Wintry Weather

Thu, 13 Jan 2011 08:00:00 EST

Michael Brian Stewart, 37, of Belews Creek, North Carolina was the passenger in an automobile accident on January 11, 2011 that took his life.

Michael Stewart was riding in a Chrysler PT Cruiser when driver Brandon James Eckrote, 24, crossed the center line. Mr. Eckrote’s car passed in front of oncoming traffic and was t-boned by a van driven by Edward Odell Redmon, 36. Rory Christopher Goode, 26, was also in Brandon Eckrote’s car at the time of the fatal crash. Both young men sustained serious injuries as a result of the collision.

Mr. Redmon was transported to Forsyth Medical Center while Mr. Eckrote and Mr. Goode were taken to Wake Forest University Baptist Medical Center in Winston-Salem to be treated.

According to the N.C. Highway Patrol officers that investigated the collision, Mr. Eckrote was travelling at a speed to safe for the pernicious road conditions. He might also face charges for driving while intoxicated.

A diagram and narrative descriptions from the official accident report are available at www.egertonlaw.com.

UPDATE: E-mail asked to omit sickle cell tests before N.C. A&T athlete's death

Thu, 13 Jan 2011 08:00:00 EST

On August 19, 2010, Jospin “Andre” Milandu, a 20-year-old student at N.C. A&T in Greensboro, North Carolina, died after collapsing on the university track during a track team tryout.

Soon after his death I posed the question of whether this young man, a sophomore from Knightdale, N.C., had some medical condition that could have been revealed by a physical examination.

In October, the N.C. Medical Examiner’s Office cited complications of sickle cell trait and physical exertion as the cause of his death.

Now disturbing news has surfaced that indicates that A&T coaches were asked to forgo sickle cell tests for students who were trying out for a team. Two days before Milandu’s death, A&T’s chief athletics trainer, Roland Lovelace, sent an e-mail to coaches, including track coach Roy Thompson, asking:

“Please do not send your student athletes to get a sickle cell test if they are participating in tryouts. Please make sure they are actually on the team before this is done. The reason for this is that the student health center is charging the athletic department for this test to be done.”

As it turns out, as of Aug. 1, 2010, the NCAA adopted a specific requirement that all students trying out for a sports team had to have a sickle cell trait test, or show proof of a previous test, or sign a waiver.

In Milandu’s case, none of these NCAA requirements had been fulfilled.

Milandu was among 29 students at the tryout without a physical, according to Chancellor Dr. Harold Martin Sr., who released that information Sept. 8.

That figure has since been disputed by coach Thompson, who ran the A&T program for 26 years. Thompson has said that nine students lacked physicals on file at the tryout.

Thompson, who supervised the tryout, retired Dec. 1.

A&T athletics director Wheeler Brown and NCAA compliance director Darryl Hills were fired in October. Though Martin mentioned Milandu's death in a news conference announcing Brown's firing, he hasn't said why Brown was fired.

Milandu’s death is not the first death of an athlete with sickle-cell trait at A&T. Offensive lineman Chad Wiley, who carried the trait, died from complications in May 2008.

The initial test to identify the sickle cell trait can be performed on campus for $3 to $23 per athlete, according to Randy Eichner, an emeritus medical professor at the University of Oklahoma Health Sciences Center. Eichner was part of the team that helped draft the NCAA testing policy.

The NCAA urged testing for sickle cell trait after the disorder contributed to the deaths of 10 athletes since 2000. Sickle cell trait is more common among African-Americans and occurs in about 8 percent of the U.S. African-American population. Most U.S. states test for sickle cell trait at birth, but most athletes with sickle cell trait don’t know they have it, according to an NCAA fact sheet.

The death of a young person – a young person in college with hopes for a bright future – is a terrible loss. If such a death takes place in the name of saving money, the tragedy is intensified many times over.

Jacob Turner Killed, 2 Others Injured Driving to Bartlett Yancey High School

Thu, 06 Jan 2011 08:00:00 EST

Jacob Turner was killed in a wreck on Hodges Dairy Road in Caswell County, North Carolina on January 6, 2011.

Jacob and two other male students—driver, Kristopher Williamson, and passenger, Keyon Slade—were on the way to Bartlett Yancey High School around 7:30 a.m. when the vehicle they were riding in wrecked. Trooper Greg Ingram with the NC Highway Patrol believes the car hit black ice on the road.

Apparently, Jacob was the front seat passenger in the car at the time of the fatal collision. Kristopher Williamson was taken to Duke University Hospital via EMS while Keyon Slade was taken to a Chapel Hill hospital in a helicopter. The condition of both the driver and back-seat passenger are unknown at this time.

Caswell County Schools operated on regular schedule on the morning of Jacob Turner’s tragic death. Other North Carolina county school systems—including Alleghany and Wilkes—closed on January 6, 2011 for poor road conditions.

Another high school student whose name has not been released was injured on his way to Reagan High School in Forsyth County on the same morning as Jacob Turner's untimely death. He was airlifted to Baptist Hospital in Winston-Salem.

Student Airlifted After Crash Near Reagan High in Winston-Salem

Thu, 06 Jan 2011 08:00:00 EST

The name of a young man who was in a wreck in Winston-Salem, NC on the morning of January 6, 2011 on his way to school has not yet been released.

The Reagan High School student was driving on Balsam Road near Transou Road when his vehicle hit ice on the street. An article on myfox8.com states that NC Highway Patrol Trooper Hassell described the road as “well covered with ice.” The victim’s car flipped and struck a tree, and the roof of the vehicle caved in.

The student—who is known to be on the cross-country team and a member of the high school band—was not speeding at the time of the accident, and investigators believe he was wearing his seatbelt. No one else was in the car with him at the time of the accident.

He was airlifted to an area hospital with serious injuries, but his condition is unknown.

Another wreck this morning resulted in the death of another high school aged student, Jacob Turner. He, driver Kristopher Williamson, and a second passenger, Keyon Slade, were in an accident in Caswell County on their way to school. The two survivors were seriously injured.

Raquel Hernandez, Daughters Crash in Asheboro, NC

Tue, 04 Jan 2011 08:00:00 EST

Raquel Hernandez, 40, of Asheboro, N.C. was driving south down U.S. 220 Bypass on January 3, 2010. The Asheboro Courier-Tribune reports that her Chevy Suburban was the only vehicle involved in the accident.

Ms. Hernandez and her daughters, Andrea, 16 and Celeste, 10, were transported to a local hospital with what are being described as non-life threatening injuries.

As soon as an official accident report is made available by police officials, you can find it here at egertonlaw.com. Egerton & Associates, P.A. has offices in Asheboro, Greensboro and Kernersville, North Carolina. Call 1-800-800-4LAW to set up a free consultation. Se hablamos Espanol.

16-year-old Driver Without License Crashes in Greensboro, NC

Tue, 04 Jan 2011 08:00:00 EST

Simply being 16-years-old doesn’t qualify you for to drive a car; not legally, anyway.

Someone should have mentioned that to a 16-year-old in Greensboro, N.C. He attempted a left turn onto Spencer Street from English Street, but made it too late and caused another vehicle to t-bone the car he was driving in the intersection.

Three victims were injured as a result of the collision. None of the injuries are considered life-threatening.

The Greensboro Police Department has charged the minor with having no driver’s license and failure to yield right of way. The investigation into this collision is ongoing.

Where Is The Explant?

Mon, 03 Jan 2011 08:00:00 EST

The defective hip implant that has been recalled by DePuy Orthopaedics, Inc., is causing thousands of people to require a second hip operation, or revision, to correct the problems caused by the recalled device. Many people who have already undergone their revision surgery did so before the recall was issued. Others, whose symptoms were severe enough to require immediate revision after the announcement of the recall, were not informed of their legal rights and options before surgery.

I received a phone call in early November from a man whose wife was in a local hospital recovering from her second hip operation. Two days after the surgery I visited her in the hospital to discuss her situation, and she became a client. I asked her what happened to the implant (explant when removed), and she said the doctor had it.

I contacted the orthopaedic surgeon who had performed the operation and his office informed me that the explant was at the hospital. At the hospital I was passed around to several different people, finally speaking with someone in pathology. Typically when something is removed from a human body it goes to the pathology department for testing, so it seemed sensible that the explant could be there.

The pathology department claimed never to have received the explant for testing, cleaning or anything, and suggested I speak with someone in the orthopaedic surgery department, which I did. I was told by the person in the orthopaedic surgery department that she would find out what happened to the explant and get right back with me. I never heard back from her but was called by a person in RISK MANAGEMENT. I was asked why I was calling all over the hospital trying to find out about the explant. Ultimately, I was told that the explant had been disposed of with the rest of the medical waste. Our evidence had been destroyed. I was astonished, and told her so.

When questioned about whether the client had been given the option to keep the implant (which she had paid thousands of dollars to get in the first place) I was told that if a patient does not specifically ask for the device it is thrown out. There is no informing the patients of their rights, and no discussion of the current recall of which the doctors and hospitals are certainly aware.

While I was calling around trying to locate the explant I was also coming across new information about DePuy – namely, that representatives of the company were regularly present in hip operations. I was quite surprised about this and, again, called around to confirm whether a DePuy representative was present for this particular operation. It was even more difficult to get an answer to this question – until I received the hospital records.

There, in black and white, under the names of the doctors and nurses present, was a name and title: “DePuy Representative.” Knowing that a representative of the company that manufactured this defective device was there when the device was removed I find it hard to believe that the explant was just thrown out. Wouldn’t DePuy want to preserve this evidence? Was the device really disposed of, or is it now in the hands of the company? Nothing in the medical records states where the explant went after it was “handed off the table” by the surgeon.

This is only an example of one patient, one surgeon and one hospital, but of the thousands of people who have already undergone revision surgery, how many have had the same experience? If you or a loved one have received the DePuy ASR hip implant and require revision surgery, be aware of your right

to obtain the explant. The evidence contained in the device could make a big difference in the outcome of your case.

Our office is currently representing a number of persons who are going to have the hip implant replacement operation (revision). We are making arrangements with the surgeons and hospitals in these cases to have our representative present at the operation to obtain the explant. The device will then be packed in specially designed, iced packages and sent by Federal Express to an independent laboratory for analysis and storage.

If you need further information about explants and their preservation, please feel free to call me. Lawrence Egerton, (800)800-4529.

GPD Officer TJ Trepedino Injured in Collision

Tue, 28 Dec 2010 08:00:00 EST

Officer TJ Trepedino of the Greensboro Police Department was injured in a multiple-vehicle car accident around 8:00 a.m. on December 28, 2010.

The officer was on West Friendly Avenue near Idlewild Avenue when then collision occurred.

An article on myfox8.com states that Trepedino was transported to Wesley Long Hospital. He sustained injuries that are not considered life-threatening, but is being treated at the local hospital.

Jace Cole Falls Victim of Tragic Wreck in Winter Weather

Tue, 28 Dec 2010 08:00:00 EST

On Sunday, December 26, 2010 the NC Highway Patrol released a statewide weather advisory to caution and alert drivers about the treacherous conditions—including black ice—on North Carolina’s roads. Highway Patrol Sgt. Jeff Gordon said, “During the day the roads are clear, but at night any water on the roads froze,” in an article on digtriad.com.

Jace Cole, 6, of Greenville, died in a single-vehicle accident when the 2000 Toyota pickup truck he was riding in wrecked on US Bypass 70 in Johnston County right outside of Clayton on December 26, 2010.

Though Jace was wearing a seatbelt and seated in the right rear of the pickup, the vehicle flipped several times.

Investigating officials suspect that the truck ran over a patch of ice on an overpass near Raynor Road. The driver lost control and the truck ran off the left side of the road, the hit a cable barrier in the median, causing it to overturn.

Officials determined that the driver was travelling at a speed unsafe for the road’s hazardous conditions, which had turned icy by 9:00 p.m. when the fatal crash occurred.

NC Winter-Weather Related Accidents, Deaths

Tue, 28 Dec 2010 08:00:00 EST

North Carolina residents experienced a historic Christmas Day snowfall this year with snow hitting the ground in each of 100 counties in amounts ranging from a trace to 18 inches.

Sadly, several friends and families will remember the Christmas season of 2010 for other reasons.

Among four weather-related automobile accident fatalities over the weekend was Hannah Ruth Floyd, 24, of Chester, South Carolina. She was a passenger in a vehicle that crashed on Interstate-85 in Charlotte, NC at 3:40 a.m. on December 26, 2010.

The car Hannah was riding in ran off the highway and struck a utility pole. According to the trooper who investigated the fatal accident, the treacherous road conditions and alcohol were both contributing factors in the wreck that killed Hannah.

The driver of the car and another passenger were injured in the crash.

Near Sanford, NC, a 7-year-old pedestrian was struck and killed by a motorist. The tragic accident occurred around 7:00 p.m. on December 26, 2010, which was likely late enough into the evening for temperatures to drop well below freezing and cause icing on the road.

An article on news-record.com states that the NC Highway Patrol sent out a statewide weather advisory on December 26, 2010 that alerted motorists to the risk of “black ice that would settle on roads and highways by nightfall as temperatures plummeted below freezing.”

These same dangerous conditions likely contributed to a fatal car crash in Onslow County on NC 210 near Holly Ridge, though little information has been officially released regarding that wreck.

BPD Officer Bruce Shoe Charged with Hit and Run

Thu, 23 Dec 2010 08:00:00 EST

Burlington, NC police officer Bruce Shoe was charged with two counts of hit and run and two counts of reckless driving on December 21, 2010 for an incident that happened on the night of December 10, 2010 on Huffman Mill Road in Burlington.

Officer Shoe allegedly hit a car driven by Susan Hunter, 64, of Elon, as the vehicles neared the intersection of Huffman Mill Road and Garden Road.

Ms. Hunter claims that Officer Shoe hit her vehicle again before backing his truck into another car. Officer Shoe allegedly hit Judy Inscoe, 63, of Burlington as he attempted to make a U-turn.

Next, Officer Shoe allegedly entered the parking lot of the apartment complex where he lives, and then returned to Huffman Mill Road where he struck a car driven by Shanta Jones, 23, of Burlington.

Finally, Officer Shoe abandoned his pickup truck in a vacant parking lot close to the scene of the wrecks and his private residence.

First Sgt. Chuck Slemenda of the NC Highway Patrol assumed the investigation of the incident when it became apparent that a local police officer’s vehicle was involved in the hit and run.

Slemenda was in contact with Officer Shoe only a couple hours after the hit-and-run collisions. According to an article on news-record.com, Slemenda didn’t administer a breath test for alcohol, “even though Shoe allegedly showed signs of impairment,” because of the time that had passed since the accidents in question.

The article does not state whether or not the victims Susan Hunter, Judy Inscoe or Shanta Jones were injured as a result of these crashes. Hopefully, they were unharmed.

Antonio Andres Ramos, Victim of Hit-and-Run in Winston-Salem, NC

Tue, 21 Dec 2010 08:00:00 EST

Police in Winston-Salem, North Carolina found Antonio Andres Ramos lying on Old Hollow Road around 4:00 a.m. on December 19, 2010.

Mr. Ramos appears to be the victim of a hit-and-run. He sustained serious injuries, according to an article on news-record.com.

Investigators are hoping that more information regarding the motorist who injured Mr. Ramos will come to light soon.

Addison Baker, 2 Other Grimsley Students Sent to Moses Cone

Tue, 21 Dec 2010 08:00:00 EST

A young driver, Addison David Wilder Baker, 16, of Greensboro, North Carolina made some poor decisions while driving that led to an automobile accident on W. Wendover Avenue at S. Holden Road shortly after 1:00 p.m. on December 17, 2010.

Addison and his two passengers—Jackson Gordon Hamrick, 16, and Nathaniel Kriegsman Goulder, 15, both of Greensboro—were all transported to Moses Cone Hospital in Greensboro via Guilford County EMS following the wreck.

Several witnesses of the crash stated to police in an official accident report that Addison appeared to be speeding at approximately 65-70 mph in a 45 mph zone. One witness said that “the driver appeared to have ‘gunned’ the vehicle and lost control.”

When Addison lost control of the Volkswagen he was driving, he crossed three lanes of traffic and hit a guardrail on the inside lane of Wendover West. The vehicle then crossed the road towards the right and struck the back of an SUV with its side before finally hitting a tree with its back right end. Addison’s Volkswagen finally came to a rest in the roadway.

The official accident report includes a detailed diagram of the various impacts in this collision.

The driver of the Ford SUV, Margaret Thomas Neal, stated that the impact caused her vehicle to veer off the road to the left and down an embankment. Neither Margaret Neal nor her two passengers—Annette Michelle Locke and Brian Anthony Rucker—claimed to be injured at the time of the wreck. However, it is not unusual that after rear-end collisions at high speeds (like this one) victims begin to notice bruises, aches, soreness and pain days after the event.

Though Addison and the two young men in the car crash with him were taken to Moses Cone Hospital with evident injuries, thankfully none of their injuries have been reported as life-threatening.

Hopefully, Addison, Jackson and Nate will heal soon and have learned a valuable lesson about safe-speeds and making good choices behind the wheel.

38 Students at North Asheboro Middle in School Bus Wreck in Cary, NC

Tue, 21 Dec 2010 08:00:00 EST

Around 10:30 a.m. on December 20, 2010 three school buses from North Asheboro Middle School in Randolph County, NC were involved in a wreck in Cary, NC that sent 38 students to hospitals in the Research Triangle area.

The school buses were transporting students to Raleigh to visit the North Carolina Museum of Natural Sciences for a field trip.

The driver of one of the buses briefly looked down after hearing a buzzer, which often signals a mechanical malfunction on a school bus. When the bus driver looked up, it was too late; his school bus collided with the school bus in front of his, which hit the school bus in front of it. The driver in the first bus has been cited with failure to reduce speed.

North Asheboro Middle School officials sent any students that complained of any degree of pain to hospitals as a precaution, but the injuries are being described as “minor.” According to an article on myfox8.com, injuries include cut lips, sore shoulders and neck pain.

The students were taken to WakeMed in Raleigh, WakeMed in Cary, WakeMed in Apex or Rex UNC Health Care. Most were released to their parents on Monday, but five remained in hospital care overnight, according to an article on wral.com.

William Belt Saves Wife, Regina, and Stranger, Natalie Myers

Mon, 20 Dec 2010 08:00:00 EST

William Belt stopped on U.S. Highway 74 near Kings Mountain, NC on December 17, 2010 to help the victim of a car crash.

Natalia Myers was trapped in her vehicle which was pinned against a guardrail after striking the back of a truck.

Mr. Belt was struggling to pull Myers from her car when another truck hit them. Mr. Belt had the remarkable presence of mind to push his wife, Regina, out of harm’s way. He suffered a broken leg and Ms. Myers sustained a broken nose.

Mr. Belt and Ms. Myers were treated for their injuries at Cleveland Regional Medical Center and released.

Crash on I40 Sends One to Baptist Hospital

Fri, 17 Dec 2010 08:00:00 EST

Two of the three lanes on the westbound side of Interstate-40 near Clemmonsville Road in Forsyth County, North Carolina were closed this morning following a wreck involving a Highway Patrol car.

The automobile accident happened around 8:30 a.m. on December 17, 2010. Most of central North Carolina witnessed a wintry weather mix yesterday that has left road conditions across the region slippery at best.

At least one person was seriously injured during this collision. Forsyth County Emergency Services confirmed that one individual was transported to Baptist Hospital in Winston-Salem.

More Motorists Wreck in Greensboro Following Winter Weather

Fri, 17 Dec 2010 08:00:00 EST

A thick, chilly fog permeated downtown Greensboro, North Carolina this morning, December 17, 2010, making it difficult to see far down the slick city streets.

Visibility in Guilford County during the morning commute was less than a quarter mile according to Meteorologist Ed Matthews in an article from digtriad.com

Nasty driving conditions could have contributed to the automobile accident in which a vehicle overturned on Wendover Avenue near Benjamin Parkway around 6:00 a.m.

“Black ice” describes a phenomenon that occurs when a thin sheet of transparent ice glazes the pavement. Black ice can appear to be a puddle or is imperceptible entirely.

Authorities advise that drivers devote extra time to their typical commute under such pernicious conditions.

It’s also imperative that drivers don’t follow too close to the cars ahead of them. Simply staying far back enough can save you and others from car crashes that cause expensive property damage, debilitating personal injury and even death.

Trooper Thomas Day, Student Callie Mazejaka Injured in Icy Accident

Thu, 16 Dec 2010 08:00:00 EST

Trooper Thomas Day was investigating a wreck on Southern High School Road in Alamance County, NC around 7:00 a.m. on the morning of December 16, 2010 when his patrol car was struck by another vehicle.

Callie Mazejaka, an 18-year-old driver, lost control of her Nissan Xterra due to the icy road conditions experienced across much of central North Carolina on Thursday.

Both Trooper Day and Ms. Mazejaka were treated at an area hospital for minor injuries. Ms. Mazejaka was cited for exceeding safe speed.

William "Willie" James Moore Airlifted to UNC Hospital

Thu, 16 Dec 2010 08:00:00 EST

William James Moore, of Whitsett, NC, was first transported to Alamance Regional Hospital before being airlifted to UNC Hospital after a wreck in Burlington on December 15, 2010.

Mr. Moore was travelling down South Church Street when Julia Roseshalea Richardson, 20, of Sedalia pulled out of the parking lot at Merchants Tire and Auto Shop and struck Mr. Moore’s vehicle.

Mr. Moore’s Toyota then struck a tree, pinning him inside the wreckage. He suffered serious injuries and remained in the intensive care unit as of 3:00 p.m. on December 15, according to an article on myfox8.com.

Ms. Richardson has been cited with failure to yield the right of way.

Prevent Wintry Weather Wrecks: Don't Follow Too Close!

Thu, 16 Dec 2010 08:00:00 EST

The ground wasn’t the only thing glazed with ice on the morning of December 16, 2010 in Greensboro, Guilford County and the Piedmont. Indeed, roads across central and western North Carolina were covered with some form of wintry weather. Snow, sleet and freezing rain quickly became slippery slush as the day progressed.

The North Carolina Department of Transportation said that the most pernicious places for driving in the state were in areas surrounding Greensboro, Asheville and Raleigh.

A tanker struck ice on US Highway 158 West near Anthony Road in Stokesdale, just northwest of Greensboro in Guilford County. The truck—which was carrying diesel fuel—crashed and overturned.

In Winston-Salem, automobile accidents cause minor injuries and major delays on Highway 52 South. The road was closed for more than three hours due to a collision, according to an article on digtriad.com.

Further south, a 20-car pile up closed a section of Interstate-85 in Davidson County. Each of the drivers in this nasty collision was guilty of following too close. Following too close is never safe, but it is especially risky to drive to close when roads are tricky as they were in North Carolina on Thursday.

Hopefully, no drivers or passengers were too seriously injured. I’d be willing to bet that they learned a valuable lesson about driving in wintry weather: Don’t Follow Too Close!

Under any conditions, follow this simple rule, “The Brick Wall Rule,” to travel safely:

You should be far enough behind the car in front of you so that if that if that car suddenly turned into a brick wall, you could stop before you hit it!

James Arthur Stadler Dies at UNC Hospitals

Tue, 14 Dec 2010 08:00:00 EST

James Arthur Stadler was transported to UNC Hospitals in Chapel Hill after he was in a car crash involving one other vehicle in Burlington, NC on December 13, 2010. Sadly, Mr. Stadler did not make it. He was pronounced dead at 3:15 p.m., two hours after the collision.

Mr. Stadler was driving a 1996 Ford Taurus west on Broad Street through the intersection with East Webb Avenue when the fatal accident occurred. Mr. Stadler’s car collided with a 2002 Ford Escape driven by Linda Morris Copley of Graham.

Ms. Copley was treated at Alamance Regional Medical Center for injuries and released on Monday.

The contributing factors of the automobile accident have not been released by police. No charges have been filed.

Justin Boyd Injured in Fatal Wreck

Tue, 14 Dec 2010 08:00:00 EST

Justin Boyd of Kernersville, North Carolina was driving south on Sandy Ridge Road around 5:00 p.m. on Friday, December 10, 2010 when Ayten Sezanol Goshen, 71, of High Point made a left turn from John Knox Drive.

According to police in an article on news-record.com, Justin Boyd was unable to avoid hitting Ms. Goshen’s vehicle. His Jeep Wrangler collided with her automobile, and tragically, Ms. Goshen died.

Justin Boyd was transported to an area hospital. He suffered injuries that are not considered life-threatening.

The official accident report is now available online for free through egertonlaw.com.

Five-Car Collision in Burlington, NC Conjures Questions

Tue, 14 Dec 2010 08:00:00 EST

The North Carolina Highway Patrol is investigating a hit-and-run incident that occurred around 11:00 p.m. on Friday, December 10, 2010 in Burlington.

Two distinct collisions happened around the same time that evening and involved the same pickup truck.

First Sgt. Chuck Slemenda of the NC Highway Patrol said that two vehicles were wrecked during the first automobile accident. The pickup truck collided with these two vehicles at a stoplight on Huffman Mill Road.

Then, the truck made a u-turn and drove into a nearby apartment complex. The driver pulled the truck out of the apartment complex into oncoming traffic, and three more vehicles were damaged as a result.

Finally, the driver of the pickup pulled into an empty car dealership parking lot where the vehicle was abandoned. The driver fled on foot.

As of Tuesday, December 14, 2010, Officer Bruce Shoe of the Burlington Police Department has been suspended without pay because his personal vehicle is the offending pickup truck in this series of events. The Burlington Police handed over the investigation to the NC Highway Patrol, but no one has yet confirmed that Officer Shoe was the driver of the truck on the evening in question.

According to an article on digtriad.com, no charges have been filed as the investigation is pending.

UPDATE: David Andrew Barnett's Accident Report

Mon, 13 Dec 2010 08:00:00 EST

David Andrew Barnett, 6, of Greensboro, was seriously injured on the morning of December 6, 2010 while crossing West Florida Street as a pedestrian.

The driver of the automobile remains unidentified. The only description available is of the driver’s green, 2-door car.

David Andrew Barnett was transported to Moses Cone Hospital in Greensboro by Guilford County EMS following the accident. According to the official accident report, David’s injuries were serious and debilitating, but not life-threatening.

You can access the accident report for free on egertonlaw.com.

Tractor Trailer Overturns, Car Crashes on I-85 in Guilford County

Fri, 10 Dec 2010 08:00:00 EST

An automobile accident that occurred around 7:00 p.m. Thursday, December 9, 2010 sent two injured people to the hospital and closed Interstate 85 for hours.

The wreck happened on the northbound side of I-85 near Vickery Chapel Road. Authorities closed two lanes of traffic until 4:30 a.m. December 10, 2010 in order to investigate the cause of the wreck.

Jorge Chavarria Dies after Hit by High School Teacher's Car

Thu, 09 Dec 2010 08:00:00 EST

Jorge Chavarria, 18, passed away this morning, December 9, 2010, at WakeMed’s Raleigh campus.

Jorge was walking across North Broad Street in Fuquay-Varina, NC on the way to Fuquay-Varina High School just after 7:00 a.m. yesterday morning, December 8, 2010. The 11th-grade student had just left a gas station and was in front of his school when he was struck by one of the school’s instructors, Robert Ken Lee, 51.

Police have not yet filed any charges as the accident remains under investigation. Jorge was not one of Mr. Lee’s students.

Principal Edward McFarland said of Jorge Chavarria, “He is a really nice kid. He’s liked by his peers,” yesterday in an article published by news-record.com before the student’s death.

Mr. McFarland also said that Mr. Lee is “a popular teacher” and “very upset” by the accident.

Pedestrian Alex Nunez Cabrera Dies after Accident

Thu, 09 Dec 2010 08:00:00 EST

A young man, Alex Nunez Cabrera, 21, of Thomasville, NC died on December 8, 2010 after being hit by a SUV on West Main Street near Watson Circle in Thomasville.

Alex Cabrera was a pedestrian at the time when the accident occurred. He was struck by driver Paul Edward Westmoreland of Thomasville.

The fatal accident occurred just before noon, and Alex Cabrera was pronounced dead at Thomasville Medical Center the same afternoon.

The investigation is ongoing, so no charges have been filed yet.

NC "Tree of Life" Twinkles for NC Car Crash Victims

Thu, 09 Dec 2010 08:00:00 EST

The Governor’s Highway Safety Program sponsored what’s being called a “Tree of Life” in honor of victims of fatal car crashes on North Carolina roads during 2009.

Last year, a total of 1,346 deaths occurred on the streets of our state. The same number of lights now brightens the Tree of Life. The lights are white except for 394 of them. Red lights represent the individuals killed by drunk drivers in North Carolina in 2009.

Kristin Knutson provided the keynote speech at the tree lighting ceremony on December 3, 2010. She survived a wreck that took the life of her best friend, Eddie Ogburn, in August 2009. The friendship was severed by a drunk driver.

“Events like this really help you to find the strength to move on and find a purpose so you can see what you are here to do,” Kristen said in an article published on nbc17.com.

The Tree of Life will shine through the holiday season until January 3, 2011 on the grounds of the state capitol building in Raleigh.

Additionally, police departments spanning the state will increase the frequency of checkpoints and patrols as part of their “Booze It and Lose It” campaign.

As you and your loved ones spread cheer in your communities this holiday season, remember the lives lost to drinking and driving. Designate a sober driver for your holiday parties.

And I would suggest that during the shopping rush, don’t drive distracted. The urge to multitask by using cell phones, texting and driving, or fidgeting with GPS systems is difficult to control when we’re busy. But putting down the phone to pay attention to the road can save someone else’s life or your own.

Let’s make 2010 a safe and happy holiday season to be in The Old North State!

UPDATE: 6-Year-Old Pedestrian Victim of Hit-and-Run

Wed, 08 Dec 2010 08:00:00 EST

Greensboro Police have yet to provide a description of the driver who hit a 6-year-old pedestrian crossing West Florida Street in Greensboro on December 6, 2010.

However, according to an article from digtriad.com, the GPD said they are searching for a green, two-door car.

Daishjia Griffin, a 10-year-old witness of the incident, said the car hit the boy and kept driving.

The child, whose name has not been publically released, was transported to a local hospital where he has been treated for bumps and bruises. Miraculously, his injuries are not considered life-threatening.

Wilmington, NC Grandmother Dies Trying to Save Child's Life

Wed, 08 Dec 2010 08:00:00 EST

A grandmother in Wilmington was rushing her 1-year-old grandchild to a local hospital when she ran a red light and struck another car. The accident resulted in the grandmother’s death on December 6, 2010.

Her grandchild, who was bleeding heavily after being bit in the face by a dog, is receiving treatment in the intensive care unit at New Hanover Regional Medical Center.

The driver and two passengers in the can that collided with the grandmother’s car did not sustain serious injuries.

Juvenile Pedestrian Struck By Hit-and-Run

Tue, 07 Dec 2010 08:00:00 EST

A minor was crossing West Florida Street in Greensboro, NC this morning, December 6, 2010 around 6:45 a.m. An unidentified motorist hit the child and ran, according to Greensboro police.

An article on myfox8.com states that the child was transported to a local hospital. Fortunately, the young person did not sustain injuries that are considered life-threatening.

The name of the minor has not been publically released. Frustratingly, the police do not have any information regarding a description of the vehicle or driver who hit and injured the young person.

Randolph County School Bus Wrecks, Injures One

Tue, 07 Dec 2010 08:00:00 EST

One student was injured while riding in Randolph County school bus #341 around 6:30 a.m. on the morning of December 6, 2010.

The school bus was on Charles Mountain Road near Hogan Farm Trail heading for Southwest Randolph County High School when it ran off the road and into a ditch.

NC Highway Patrol Trooper Frye said that the driver of the bus, Stewart Ray Gatlin, 47, of Seagrove, fell asleep at the wheel.

Mr. Gatlin—who has been driving a school bus for four years—stated that he took “allergy medication Sunday night and believes it may not have been out of his system,” according to an article on myfox8.com.

Mr. Gatlin was issued two citations by the NC Highway Patrol: driving left of center and exceeding safe speed.

Despite a weekend snow storm in central North Carolina, Randolph County Schools were operating on a normal schedule Monday morning. The inclement weather was not a factor in the accident.

The injured student was checked out by emergency medical services for elbow pain. There were four other students and the school bus driver in the vehicle at the time of the accident.

Joseph Park Beeson, Kimberly Dawn Stanford Killed in Inclement Weather

Mon, 06 Dec 2010 08:00:00 EST

On central North Carolina roads, even just a couple inches of snow can lead to untimely death.

Tragically, two people were killed on Saturday, December 4, 2010 during the first snowfall of the 2010-2011 winter weather season in central North Carolina.

Joseph Parker Beeson, 35, of Thomasville was driving west on East Fork Road in High Point when his truck crossed the center line, fishtailed and collided with another truck heading east. Mr. Beeson was killed.

Mr. Beeson’s passenger, Kimberly Dawn Stanford, 38, of Trinity, also passed as a result of the wreck.

Ms. Stanford’s 6-year-old daughter, Leanna Dawn Stanford, was transported first to Moses Cone Hospital in Greensboro and then moved to Baptist Hospital in Winston-Salem following the fatal collision. Leanna Dawn Stanford is listed in critical condition, according to an article on digtriad.com.

Also injured during the car crash was the driver of the other truck, Robert Orman. He was taken to Moses Cone Hospital and received treatment for non-life threatening injuries.

The official accident report is now available on egertonlaw.com. Funeral arrangements for Kimberly Dawn Stanford are detailed at cumbyfuneral.com. An obituary for Joseph Parker Beeson can be read online at hpe.com.

Ellen Goins Terry Dies on Price Road Near Eden, NC

Mon, 06 Dec 2010 08:00:00 EST

Trooper A.B. Carter said Saturday’s snowfall in central North Carolina contributed to the wreck that killed 73-year-old Ellen Goins Terry on December 4, 2010.

Around 3:30 p.m., David Howard Morton IV, 18, of Ridgeway, Virginia lost control of his pickup truck and crossed the centerline of Price Road near Eden, NC. Mr. Morton hit a vehicle driven by Teresa Jean Goins, 47, of Eden almost head-on. The collision resulted in Ellen Goins Terry’s death.

Mr. Morton and Teresa Jean Goins were treated at Morehead Memorial Hospital. No charges have been filed, and drugs and alcohol are not noted as contributing factors.

An official accident report is now available through egertonlaw.com.

Drugged Driving Deaths, a Pervasive American Problem

Wed, 01 Dec 2010 08:00:00 EST

“One in three fatally injured drivers tested positive for drugs,” reads the headline of a press release published yesterday, November 30, 2010 by the Office of National Drug Control Policy (ONDCP) in Washington, D.C.

A third—33 percent—of drivers killed in automobile accidents were on at least one kind of drug not including alcohol. That’s a staggering statistic.

Driving while impaired (DWI) or driving under the influence (DUI) data and prevention efforts often focus on drunk driving. But drugged driving presents a serious risk for property damage, personal injury and even death.

Sadly (and scarily,) the trend is on the rise.

The new fatality analysis released by the National Highway Safety Administration (NHTSA) also confirms the involvement of drugs in fatal crashes has increased by five percent since 2005.

“Drugged driving is a much bigger public health threat than most Americans realize and unfortunately, it may be getting worse,” said Gil Kerlikowske, Director of ONDCP in the press release.

To combat the prevalence of drugged driving, states nationwide are experimenting with different of legal actions. Per se laws target drivers with illicit drugs in their systems. In the 19 states that have adopted strict or “zero tolerance” per se laws, driving with any amount of illegal substance in the body is a criminal offense.

North Carolina happens to be one of the states subscribing to these zero tolerance per se laws.

Obviously, illegal drugs like cocaine and heroine fall into the territory of “zero tolerance.” Prescription drug presence while driving presents a challenge for law enforcement, attorneys and legislators to learn how to effectively regulate.

NHTSA’s Fatal Accident Reporting System—the entity responsible for collecting the data used in the analysis covered by this news-making report—tests drivers killed in collisions for illegal, prescription and over-the-counter drugs including “narcotics, stimulants, depressants, marijuana, hallucinogens, PCP, anabolic steroids and inhalants,” according to a blog from cnn.com.

There’s a cautionary tale in the data: If you chose to use drugs, don’t drive. And if you consume prescription narcotics or mind-and-body altering medications, be careful about getting behind the wheel. Designate a driver if you must travel and follow your doctor’s directions closely. Don’t drive until you know how the drugs will affect you. The life you save could be your own.

Pedestrian Jay Whitt Falls, Dies on Eastchester Drive

Fri, 26 Nov 2010 08:00:00 EST

Jay Ryan Whitt, 44, of High Point, North Carolina was walking on the sidewalk of Eastchester Drive when he apparently stumbled and fell into the street.

Tragically, a pickup truck was driving along the outer eastbound lane of the road at the same moment. The driver, Sandra Johnson Weathers, 51, of Greensboro, was unable to avoid hitting Mr. Whitt, according to police accounts in an article from news-record.com.

Mr. Whitt was taken to High Point Regional Hospital where he died of his injuries on November 20, 2010. An investigation into this fatal accident remains ongoing, but you can view the official accident report on egertonlaw.com now.

Stephen Brown, Diane Purcell Thrown from Motorcycle

Thu, 25 Nov 2010 08:00:00 EST

Stephen Brown, 44, of Greensboro was driving while intoxicated Saturday night, November 20, 2010. When he failed to properly exit Bryan Boulevard onto the Westridge Road exit ramp, Mr. Brown and his passenger, Diane Purcell, were thrown from his motorcycle.

The pair was transported to Moses Cone Hospital with what were considered life-threatening injuries at the time of the accident. Having been fully ejected from a motorcycle, they are fortunate to be alive. Both Stephen Brown and Diane Purcell are listed as being in stable condition as of Monday, November 22, 2010.

Mr. Brown has been charged with DWI, according to the Greensboro Police Department.

Driving to Your Thanksgiving Dinner Destination? You're Not Alone

Wed, 24 Nov 2010 08:00:00 EST

There’s no place like the road for the holidays.

Almost as American as apple pie, travelling is a holiday tradition for millions across the country.

The media tends to hype air traffic troubles among the many obstacles that weary travelers must overcome on their odysseys home. Indeed, travel by air merits special attention this holiday season since new, intimate body scanners and pat-downs are anticipated to cause delays at major airports nationwide.

But don’t you be the turkey this Thursday (or Wednesday or Sunday): of the 42 million Americans who will be travelling during this 6-day travel period, 40 million people will be driving our nation’s interstates and highways.

Find that number remarkable? It is.

Approximately 91 percent of long-distance travel (that’s a trip totaling 50 miles or more) is typically journeyed by car, but this year’s estimate exceeds anything seen before. 94 percent of long-distance trips will be made in personal vehicles this Thanksgiving holiday.

“That’s the largest share of automobile travel ever, for any holiday,” said AAA’s Troy Green in an article from npr.org.

Higher gas prices this year don’t seem to be daunting drivers. A 12 percent increase in cars on the road from last year is predicted. Perhaps the fear of standing in line for body scans at airports surpasses the anxiety of driving congested highways.

So, keep in mind that you won’t be the only thing stuffed this weekend. The roads are guaranteed to be full, too. One way to dodge the bumper-to-bumper traffic is to meticulously plan your route.

Avoid interstates and state highways that have scheduled maintenance and construction projects if you can. Many roadside projects take a vacation over the heavily-travelled holidays.

The N.C. Department of Transportation states that most work on “interstate, N.C. and U.S. routes will stop at 4 p.m. Tuesday, November 23 and resume at 9 a.m. Monday, November 29,” according to an article on news-record.com.

But still, zones with reduced speeds and narrowed lanes remain in place.

Interstate 40 in Greensboro will be reduced to two lanes (in both the east and westbound directions) between Wendover Avenue and Guilford College Road.

South of Asheboro, U.S. 220 will permit only one lane of traffic in both the northbound and southbound lanes due to a project to widen the highway.

On the New River Bridge in Jacksonville, U.S. 17 Business will be reduced to two-lane, two-way traffic. In Windsor, U.S. 17 Business will be open to a single lane over the Cashie River Bridge.

In addition to these lane reductions, add thousands of cranky travelers with in-laws to stomach (on top of another heaping mound of Great Aunt Pearl’s sugar-free prune pie.) You’re sure to find hazards and delays that might make you want to reconsider waiting in those airport lines for a 15-second body scan.

Keep distractions to a minimum while driving. It’s difficult enough to predict the caprices of motorists experiencing turkey-related traumas. Don’t add texting to the trouble.

And if you’ve had too much cider, don’t drive. Stay an extra night or find a sober driver.

Another key to keep in mind if you’re driving this week is The Brick Wall Rule:

You should be far enough behind the car in front of you that if that car suddenly turned into a brick wall, you could stop before you hit it.

Even in heavy traffic, you can maintain safe following distance if you’re vigilant and patient. If someone cuts in front of you (as they’re likely to do this weekend) keep your perspective. Slow down until there’s a safe amount of space between you again. Repeat when necessary.

Better to make it over the Neuse River and through the Raleigh Beltway to Grandma’s house late than not at all, right?

Kernersville Native, ECU Student, Briana Gather, Killed

Tue, 23 Nov 2010 08:00:00 EST

A native of Kernersville, North Carolina, 20-year-old Briana Latrice Gather, had her life cut short this weekend.

Briana’s death resulted several hours after a single-car crash she was in near Greenville, where she was a student at East Carolina University. She was a member of the current Delta Sigma Theta sorority pledge class.

The accident happened on November 20, 2010 shortly before dawn. The driver, Kamil Shaunay Arrington, 20, of Nash County, ran off the road and struck a tree. Though the investigation is ongoing, authorities do not expect that alcohol contributed to the fatal wreck.

Briana Gather was transported to Pitt County Memorial Hospital following the collision. Sadly, she passed on Sunday, November 21, 2010.

Another passenger, Victoria T’nya Carter, 20, of Raleigh, died at the scene of the tragic accident.

Kamil Arrington and a third passenger, Taylor Nicole King, 19, of Greenville, remain in the care of Pitt Memorial Hospital as of Monday, November 22, 2010.

Pedestrian Mack Spence Hit While Retrieving Mail

Mon, 22 Nov 2010 08:00:00 EST

Mack Spence, a 94-year-old resident of Swepsonville, North Carolina, was struck by a motorcycle on November 13, 2010.

Thankfully, Mr. Spence is currently listed in good condition at UNC Hospitals in Chapel Hill.

Mr. Spence was walking across Swepsonville-Saxapahaw Road to collect his mail when the accident happened. He was hit by a motorcycle driven by Richard Holopainen, 47, of Graham. The accident report claims that Mr. Holopainen was travelling at the speed limit, and alcohol is not suspected as a contributing factor in the crash.

Sonia Perez, Rebecca Shelton Injured; Nancy Griffin Killed in Crash

Fri, 19 Nov 2010 08:00:00 EST

Nancy Catherine Griffin, 55, of Kernersville, North Carolina lost her life on November 12, 2010 when she lost control of her car on NC Highway 109 near Thomasville.

Ms. Griffin was driving her green Subaru down the southbound lane of the highway at an estimated 55 mph—the authorized speed limit on that stretch of the road—when she somehow lost control of the vehicle. She crossed the centerline, swerved right and overcorrected left. When she crossed over the centerline the second time, her car collided with a small school bus travelling in the northbound lane.

Sonia Ivette Perez, 45, of Valdese, was driving the school bus owned by the Western NC School for the Deaf. She and her passenger, Rebecca Jean Shelton, 36, of Morganton, each sustained injuries and were taken to Wake Forest University Baptist Medical Center in Winston-Salem. Though substantial, their injuries are not considered life-threatening.

This fatal accident is truly regrettable, and hopefully not another one caused by unnecessary cell phone usage or driving distractions. It is not evident that investigations are still ongoing, but the families of all three victims deserve to know as much about the collision as possible. A free accident report is available on egertonlaw.com.

Following Too Close Causes Multi-Car Crash in Carroll County, VA

Wed, 17 Nov 2010 08:00:00 EST

Virginia State Police claim that “heavy fog causing zero visibility for drivers in the Fancy Gap area” caused a series of multi-car collisions on November 16, 2010 in the southbound lanes of Interstate 77 in Carroll County, Virginia.

I would argue that the police have got it wrong.

Following too close caused these cars to crash. Every one of the estimated 50 vehicles in the fatal pile-ups was following too close.

Poor driving conditions make driving dangerous, of course. But if drivers would follow “The Brick Wall Rule,” crashes like this one would not happen regardless of fog, snow, wind or rain.

The Brick Wall Rule:

You should be far enough behind the car in front of you that if that car suddenly turned into a brick wall, you could stop before you hit it.

It’s a simple rule is easy to remember and imagine. It’s a rule that could save lives.

Two fatalities have been confirmed from the accidents in Carroll County, Virginia.

Four people were reportedly in critical condition as of the evening of November 16, according to an article on wxii12.com.

Another 20 people—at least—were injured in the pile-ups. Fortunately, most of the injuries were minor, “bumps, bruises, scrapes, lacerations,” according to Robin Hodgin, chief administrator of patient care services at Northern Hospital of Surry County.

Injured victims were assisted at the scene by “seven county rescue squads and emergency service units.” They were taken to hospitals in both Virginia and North Carolina, including Hugh Chatham Memorial Hospital in Elkin, NC and Wake Forest University Baptist Medical Center in Winston-Salem, NC in addition to Northern Hospital of Surry County, Mount Airy, NC.

For more information on following too close or The Brick Wall Rule, download my FREE book, Don’t Follow Too Close, today!

NC Legislation Becomes Law in December, New Year's Day

Fri, 12 Nov 2010 08:00:00 EST

The North Carolina General Assembly has passed several laws that will become effective on the first of December, 2010 and on New Year’s Day, 2011.

You can view a comprehensive list in a press release from the NC Department of Transportation.

Here are a few:

• Beginning December 1, 2010, a vehicle owner whose “license plate frame or cover makes a number or letter on the plate, or the number or month on the registration renewal sticker illegible can be penalized up to $100.” That’s right; if a cop can’t see your license plate information, you are likely to be pulled over and fined!

• Also beginning December 1, 2010, the NC DMV “will no longer charge vehicle owners a $1.00 postage and handling fee for renewing their vehicle registration by mail.” Not that a single greenback helps much if you’re fined the $100 mentioned above, but the gesture is appreciated.

• It appears that as of New Year’s Day, 2011, 65 years old is the new 55 years old! According to the NCDOT press release, “the term of issuance for persons receiving a driver license will increase to eight years for a person 18-65 years old. A driver license issued to a person 66 years old and older expires after five years.” Previously, driver licenses expired after five years for drivers 55 years old and older.

• Starting January 1, 2011, there will be some new requirements for folks who want to drive motorcycles. A learner’s permit for motorcyclists will be issued for only 12 months, and only one renewal of six months will be permitted. Also, if you’re under 18, keep in mind that you will be required to pass a course taught by the Motorcycle Safety Foundation or the NC Motorcycle Safety Education Program “to get a motorcycle learner’s permit or a driver license with a motorcycle endorsement.”

In case you’ve forgotten or haven’t heard, here are a few more changes in motor vehicle laws that are already in effect as of earlier in 2010:

• Since September 1, 2010, “the fee for restoring a driver license which has been revoked for impaired driving increased from $75 to $100.” The extra $25 contributes to a fund for a statewide chemical alcohol testing program administered by forensic experts with the Department of Health and Human Services.

• Another legislative change became effective as law on October 1, 2010. Now, the holder of a commercial driver license cannot “have a disqualification expunged from his record.”

Staying up-to-date is tough, even for professionals in the legal field! I hope this heads-up and reminder helps.

Falling Forklift Barely Misses Mary Joyner

Thu, 11 Nov 2010 08:00:00 EST

Mary Joyner is lucky to have lost nothing more than her car during a crash that happened on the evening of November 9, 2010.

Ms. Joyner says she was driving down Highway 421 in Lewisville, North Carolina when she noticed a tractor-trailer ahead of her beginning to waver.

Suddenly, the fork from a forklift fell from the tractor-trailer.

“I thought it was going to go through the windshield and hit me,” Ms. Joyner said in an interview for an article on myfox8.com.

She swerved and managed to avoid hitting the fork, but collided with a guardrail instead.

Ms. Joyner suffered minor injuries. Her right eye is swollen and she’s sore throughout her body.

The drier of the tractor-trailer—who should have stopped when he noticed his cargo was unsteady—failed to stop at all. He is suspected to be the employee of an Oregon-based trucking company.

Successful Signals

Thu, 11 Nov 2010 08:00:00 EST

The North Carolina Department of Transportation reports that some relatively new traffic signals succeed in preventing accidents.

Since February 2005, 380 newly designed left-turn traffic signals have been installed at intersections across the sate. The first signal of its kind went up at the employee/visitor entrance to Wake Medical Center in Raleigh as part of a national study sponsored by the Federal Highway Administration.

The goal of these new signals is “to improve driver understanding of left-turn traffic signal displays and to reduce accidents at signalized intersections,” according to a press release from the NC DOT.

So far, so good. Of 39 sites studied, there has been a 37 percent decrease in accidents involving left turns at intersections with the new left turn signals.

These new signals include a flashing yellow arrow between the solid green and solid yellow arrows on what are commonly called “protected” left-turn signals. The flashing yellow arrow signals that left turns are permitted, but drivers must yield to oncoming traffic and—of course—pedestrians at the intersection.

Louis Carmona, Three Passengers, Injured in Single-Car Crash

Mon, 08 Nov 2010 08:00:00 EST

Louis Carmona, 18, was driving on Prospect Street in Randolph County, North Carolina during the afternoon of November 6, 2010 when he lost control of the car.

Louis ran off the road and hit a culver, a utility pole and finally a tree before coming to a halt. Investigators estimate that the car was travelling between 70 and 75 mph when the wreck happened.

Louis and his front seat passenger, Yesica Carmona, 14, were air lifted to Wake Forest University Baptist Hospital in Winston-Salem. Though serious, their injuries are not being called life threatening.

Sharon Poindexter, 14, and Jose Jimenez, 16, were also injured in the accident. They were taken to High Point Regional Hospital. They are expected to survive as well.

Three Killed in Crash at Montgomery/Moore County Line

Mon, 08 Nov 2010 08:00:00 EST

Three young people lost their lives in a horrendous, near head-on collision on Highway 24/27 in Montgomery County near the Moore County line in North Carolina on November 6, 2010.

Domingo Espindola, 23, of Candor, was driving when he ran off the road to the right. When he overcorrected to the left, he crossed the center line and hit another car almost directly head-on.

Espindola was killed during the wreck. His passenger, Gabriella Bernal, 18, of Robbins, also met a tragic death due to the accident.

Thomas Walters, 29, of Cameron, was the driver in the car with which Espindola’s collided. He, too, died in the crash.

The official accident report describes the fatal wreck in detail.

To view photographs of the wreckage, follow this link to nbc17.com news online.

UPDATE: Sad News of Death of Mary Jane Atkins

Fri, 05 Nov 2010 08:00:00 EST

Mary Jane Atkins, the 76-year-old pedestrian who was struck by a car on Friendway Road in Greensboro, has passed.

Ms. Atkins was taken to Moses Cone Hospital after driver Jeremiah Ellmore hit her with his vehicle while she was trying to cross the street on November 2, 2010. She died at the hospital on November 4, 2010.

Another pedestrian, Todd Maxwell, died at the scene on November 2, 2010 when he was hit by a car driven by Aaron Mosely. Mr. Maxwell was crossing Wendover Avenue in Greensboro near Huffine Mill Road when the accident occurred.

Stop Bullying: Start at Your School!

Thu, 04 Nov 2010 08:00:00 EST

Bullying is an infectious problem that exists in every school—likely in every classroom—in the nation.

How, you might wonder, could we as a society ever expect to eradicate such an endemic issue from our schools? The endeavor seems overwhelming.

But programs exist that attempt to tackle the formidable problem of bullying.

One such resource is the Olweus Bullying Prevention Program. The comprehensive program addresses bullying on a school wide level by engaging students, teachers and administrators in an effort to stop the bullying.

Parents are also central in the struggle to stop bullying. As adults, parents need to be able to talk to their children about bullying and being bullied. They should handle any issues their kid is dealing with at school—whether the child is the bullied or the bullier—by reaching out to teachers, administrators and other parents in an open, constructive and communicative environment.

Recently, students from Greensboro, North Carolina took advantage of the opportunity to attend an anti-bullying workshop.

The program, which was given by the National Conference for Community and Justice of the Piedmont Triad, highlights the tools available for students to take action against bullying in their classrooms.

Students are encouraged to start campaigns on campus and educate their peers on how bullying affects individuals and the community as a whole.

You can join the effort against bullying by pledging to take a stand on the NCCJ’s website, http://www.nccjtriad.org/resolution/bullyingpledge.php.

Pedestrian Todd Maxwell Killed on Wendover Avenue

Wed, 03 Nov 2010 08:00:00 EST

Todd Maxwell, 47, of Greensboro, North Carolina was crossing Wendover Avenue near Huffine Mill Road when he was hit by a car and killed on November 2, 2010.

Aaron Mosely, 20, of New London, was driving a Mercedes when he struck Todd Maxwell. Mr. Mosely’s car was then hit by antoehr driver, Williams Ellis, 20, of Greensboro.

Pedestrian Mary Jane Atkins Hit on Friendway Road

Wed, 03 Nov 2010 08:00:00 EST

Mary Jane Atkins was walking across Friendway Road in Greensboro, North Carolina on November 2, 2010 when she was struck by driver Jeremiah Elmore, III.

An article published on news-record.com does not state the victim’s condition, but says she was taken to Moses Cone Hospital in for medical attention.

Shortly after this accident, another pedestrian—Todd Maxwell of Greensboro—was hit and killed by driver Aaron Mosely on Wendover Avenue.

Woman Sustains Life Threatening Injuries on N.C. 64 Near Lexington

Wed, 03 Nov 2010 08:00:00 EST

Few details have been released regarding the collision that seriously injured a woman in Lexington, NC on Tuesday, November 2, 2010.

Officers confirmed that the 23-year-old was driving a 2002 Nissan when she crossed the double yellow lines. The driver of a logging truck claims that he tried to avoid the collision, but crashed into a ditch on Highway 64 where the accident occurred.

The woman sustained what were described as “life-threatening injuries.” The trucker remained unharmed.

Bettie Lynn Eason Injured in Motorcycle Wreck in Trinity, NC

Wed, 03 Nov 2010 08:00:00 EST

Bettie Lynn Eason was struck from behind while preparing to make a left turn on Archdale Road in Trinity, NC on October 28, 2010. She was driving a motorcycle and was thrown from the vehicle upon impact.

Paul Grey Hinshaw was driving a Chevy down Archdale Road. He failed to reduce speed and collided with the back of Ms. Eason's motorcycle at an estimated 30 mph.

Randolph County EMS rushed Ms. Eason to High Point Regional Hospital with what are described as “non-life threatening injuries.” She was later transported to Wake Forest University Baptist Medical Center for treatment of bone brakes.

Mr. Hinshaw and a passenger with him were not injured.

An official accident report is available here.

John Glenn McLean Killed While Working on Interstate 95

Wed, 03 Nov 2010 08:00:00 EST

The driver of a mower, John Glenn McLean of Erwin, NC was killed when a tractor-trailer rear-ended the mowing truck he was driving along Interstate 95 on October 27, 2010 near Fayetteville, NC.

The tractor-trailer struck two parked safety vehicles that were positioned to warn oncoming motorists of the workers ahead.

John McLean was employed by a company under contract with the NC Department of Transportation to cut grass along the highway.

His son, Jerome Stewart, 19, was also victim of this accident. Stewart was taken to Cape Fear Valley Medical Center after the safety vehicle he was in was hit by the tractor-trailer.

Colombina Mega Pops Recalled: Choose a Trick, Not THIS Treat on Halloween

Fri, 29 Oct 2010 08:00:00 EST

Colombina Mega Pops have officially been recalled.

Last week, I posted a blog about the lollipops, which have been determined to contain traces of industrial metal in the hard candy.

The lollipops—which are imported from Colombia—are distributed nationwide in the U.S. Retail stores including Family Dollar and Dollar General have pulled the candies from shelves.

On Friday, October 8, 2010, the North Carolina Department of Agriculture & Consumer Services in Raleigh issued a press release confirming that a consumer had registered a complaint. The NCDA&CS warned the public about “tiny pieces of metal in the candy.”

Since then, the U.S. Food and Drug Administration has investigated the product. Agriculture Commissioner Steve Troxler recommended putting the candy “in the trash or returning it to the place of purchase.”

An article on ohio.com states that the recalled lollipops “can be identified by UPC code numbers 014272108739 or 014272108623, and are marked with lot numbers 1240695, 1209708 or 1209796. The lot number appears in a white square on the lower left-hand side of the back of each bag.”

Definitely do not distribute this uncanny candy to neighborhood Trick-or-Treaters. The repercussions could be worse than scary.

Did Illegal Street Racing Cause Serious School Bus Accident?

Wed, 27 Oct 2010 08:00:00 EST

Laytora Sheree Blocker was driving Cumberland County school bus No. 597 when it was struck by a man speeding in a 2003 Mitsubishi sedan on October 22, 2010.

The Mitsubishi was travelling at a high rate of speed—60 mph in a 35 mph zone—and driving erratically. The accident report indicates the driver, Eric Lamont Bradley, 28, of Fayetteville, appeared to be racing a van, according to a witness.

When the car ran off the roadway to the right, the Mr. Bradley overcorrected to the left and crossed the center line. He then overcorrected right, but was unable to avoid front-ending the school bus. The Mitsubishi hit the school bus at an angle such that the driver’s side of the car was crushed.

Ms. Blocker stated in the accident report that she applied the school bus’s brakes but was unable to stop before colliding with the speeding sedan.

Injured school bus passengers include the driver, Ms. Blocker, 29, student Prescott Stevens, 17, and his monitor, Julia White, 30, all from Fayetteville. They were transported to Cape Fear Valley Medical Center with minor injuries.

Mr. Bradley suffered more serious injuries. He was rushed by EMS ambulance to an awaiting Life Flight helicopter.

If Mr. Bradley was indeed racing with another vehicle, this accident is all the more deplorable because it could have easily been prevented. And sadly, it might not have been the first time he exercised poor judgment behind the wheel, as he was charged with driving with a revoked license. Fayetteville police also charged him with careless and reckless driving.

Rontay Clark Ejected, Killed in Crash that Injured 6 More in Eden, NC

Tue, 26 Oct 2010 08:00:00 EST

The NC Highway Patrol suspects that alcohol and excessive speed contributed to a fatal wreck just outside of Eden, North Carolina during the early hours of Sunday, October 24, 2010.

Rontay Douglas Clark, 23, was ejected from a 2004 Dodge Durango when it ran off Virginia Avenue in Rockingham County and overturned. He died on impact at the scene of the accident.

The driver, Dominic Eugene Foote, 26, of Greensboro, was also thrown from the SUV. He remains in critical condition at Wake Forest University Baptist Medical Center in Winston-Salem.

Five other passengers, ages 14, 15, 18, 19 and 32, have been treated at Morehead Hospital for non-life threatening injuries. The 15-year-old was the only person inside the vehicle wearing a seat belt at the time of the crash.

Speeding Motorcyclist Collides with Car

Tue, 26 Oct 2010 08:00:00 EST

Steven John Rodell was travelling down Fleming Road in Greensboro, NC on October 18, 2010 at a high rate of speed when the vehicle exited the road to the left and struck the median. The motorcycle’s impact with the median sent it and the driver airborne. The vehicle then hit a car driven by Andrew Lynn James as it sat at the intersection of Old Oak Ridge Road and Fleming.

Mr. Rodell was thrown from the motorcycle and sustained “A Type” injuries--which are potentially disabling injuries--according to the accident report. He was speeding at an estimated 50 mph in a 35 mph zone when the crash happened.

Hopefully, Mr. Rodell is recovering well. His accident is an unfortunate reminder to motorcycle enthusiasts of the risks of excessive speed.

Pedestrians Struck, Brittany Blakely Killed by Drunk Driver

Mon, 25 Oct 2010 08:00:00 EST

Brittany Blakely, 18, died at Wake Forest University Baptist Medical Center in Winston-Salem, North Carolina on October 24, 2010 because of injuries she sustained after being struck by a vehicle.

Brittany was walking on Cox Street in Asheboro with three other friends when the accident happened around 10:30 p.m. Saturday, October 23.

Seriously injured was Christopher Clanton, 17. He is still at Baptist Hospital as of October 25, 2010.

Also injured was Megan Potaznick, 20. She was treated at Randolph Hospital before being released. Another pedestrian with the group was not injured.

Around 5:30 a.m. on Sunday, October 24, 2010, police arrested Jesus Gonzalez Morales, 27, of Candor. He is alleged to have been drunk driving a stolen vehicle with a suspended license. He has also been charged with felony hit and run for fleeing the scene after the fatal collision.

Crushed Car Demonstrates Dangers of Texting While Driving

Mon, 25 Oct 2010 08:00:00 EST

I have frequently posted blogs on the dangers or texting while driving.

Ashley Johnson of Asheville, North Carolina died last May when her car crossed the center line and hit a pickup truck. Troopers said that the young driver was trying to read a text message when the accident happened.

Now, her father, Amos, has a vital message to communicate in our state. What remains of Ashley’s vehicle is on display at the North Carolina State Fair in Raleigh.

Amos feels confident that the display of the wreckage—which he saw for the first time at the fair—will make a positive, potentially life-sparing impact. “Somebody’s going to see this car and they’re going to stop texting and driving. I know they will,” he said in an article on digtriad.com.

Three Hospitalized After Wreck on High Point Rd

Fri, 22 Oct 2010 08:00:00 EST

Three people were transported to an area hospital with non-life threatening injuries after a collision on High Point Road in Jamestown, NC on October 20, 2010. A trooper at the scene of the automobile accident alleged that the driver of a black Nissan SUV crossed the double yellows lines and struck to other vehicles. The driver has been charged with driving left of center.

Drunk Driver Returned to Crash Scene by Grandfather

Fri, 22 Oct 2010 08:00:00 EST

Police in Salisbury, NC claim that Michael Blair Lawson’s grandfather is responsible to returning him to the scene of an automobile accident. Lawson, 21, fled the scene because he was scared, but his grandfather notified investigating officer’s of the young man’s presence at home.

Lawson’s blood alcohol level was .17—the legal limit in North Carolina is .08. He said he had 5 beers before driving his vehicle.

Central Davidson Middle Student, Pedestrian Hit by Car

Fri, 22 Oct 2010 08:00:00 EST

A student was walking to the bus stop in Davidson County just south of Lexington, NC before 7:00 a.m. on the morning of October 20, 2010. The Central Davidson County Middle School student was struck by a vehicle before reaching the designated bus stop.

The student was transported to Lexington Hospital by EMS before being moved to Baptist Hospital in Winston-Salem.

Charges will not be filed against the motorist because authorities claim the student was dressed in dark clothes and walking down the street when it was still dark outside.

Seat Belt Saves Boy Near Pleasant Garden, NC

Fri, 22 Oct 2010 08:00:00 EST

A single-car wreck on U.S. 421 near Pleasant Garden, NC ended the life of Manuel Castillo Alvarez, 27, of High Point, during the evening of October 17, 2010. According to the Highway Patrol’s accident report, Mr. Alvarez was ejected from the sun roof of a 2000 Volkswagen when he lost control of the vehicle, exited the road to the right and hit a tree. Mr. Alvarez was speeding at 80mph through a 55mph when the accident occurred. Alcohol is suspected to have been a factor.

Mr. Alvarez was not alone in the car. Passenger Mark Loza, 12, of High Point, was also in the vehicle when it crashed. Mark was wearing his seat belt—a precaution that likely saved his life. The Greensboro News & Record reports that Mark hurt his hand in the crash and “complained of general soreness,” but thankfully, he survived this fatal wreck without serious physical injuries.

Be Afraid of Colombina Mega Pops this Halloween!

Thu, 21 Oct 2010 08:00:00 EST

The North Carolina Department of Agriculture & Consumer Services in Raleigh has issued a press release warning consumers that a Colombian brand of lollipops contains metal fibers in the candy.

Colombina Mega Pops were tested by the Food and Drug Protection Division after a consumer made a complaint. The 28-ounce bags have lot number 120979601171 of ELPACK #2. The U.S. Food and Drug Administration is carrying out an investigation.

Agriculture Commissioner, Steven Troxler, said, “In the meantime, we don’t recommend buying this candy to stock in your Halloween bowl. And if you have any of this candy, we recommend putting it in the trash or returning it to the place of purchase.”

The candy has been removed from shelves at Family Dollar and other retailers as well.

Pass STOP, Pay $200

Tue, 19 Oct 2010 08:00:00 EST

If you’ve noticed heavier-than-usual law enforcement presence near your child’s school or during your daily commute through a school zone this week, your eyes are not deceiving you.

Indeed, state troopers plan to step up their numbers and aggressively enforce traffic laws in school zones and on school bus routes this week during an effort the NC Highway Patrol has named Operation Stop Arm.

The Patrol will be especially focused on motorists who break the law related to school bus stop arms. NC law requires traffic to come to a full and complete stop on either side of the road when children are getting on and off the school bus.

A press release from the North Carolina Department of Crime Control & Public Safety states that on every school day, more than 2,300 drivers violate the school bus stop arm law. The special attention that the Highway Patrol plans to devote to school zones and bus routes this week aims to raise awareness in each of the state’s one hundred counties. Law enforcement officials hope their efforts will lessen and prevent violations and school bus collisions--like this one--in the future.

Deputy Commander Michael Gilchrist affirms, “Motorists who try to pass a stopped school bus will be ticketed.” If convicted of the Class 2 misdemeanor, a person will receive five driving points on their license and could face fines up to $200.

Every motorist has been guilty of putting safety aside at some point during their driving history. But we all need to maintain perspective, even when in a rush.

Reuben Young, Secretary of the NC Department of Crime Control & Public Safety, puts it this way: “A child’s life should never be put in danger just to save a minute or two during a daily commute.”

For more information, visit the Department of Public Instruction’s school bus safety web site at www.ncbussafety.org.

Sanitation Worker, Caleb S. Shepard, Dies on the Job

Fri, 15 Oct 2010 08:00:00 EST

Early during the morning of October 12, 2010, two sanitation workers employed with Morrison’s Garbage Service, Inc. in Salisbury, North Carolina were on the job when a fatal accident occurred. Caleb S. Shepard fell from the back of a garbage truck while he and driver, David Kenneth Carr, were collecting trash near Thriftwood Court in Rowan County. Mr. Shepard was accidentally run over and later died at an area hospital.

Tanker Overturns, Spills Innocuous Chemicals

Fri, 15 Oct 2010 08:00:00 EST

The driver of tanker was taken to Thomasville Medical Center after suffering minor injuries when his truck overturned at the intersection of Unity and Trinity Avenues in Thomasville, NC today, October 14, 2010. The back right tires of the truck lost traction and the semi overturned, spilling nonhazardous material on the road.

UPDATE: Accident Report Reveals Another Pedestrian

Fri, 15 Oct 2010 08:00:00 EST

Morgan Reiss Payne died when the pickup truck he was riding in overturned. He was completely unrestrained in the truck bed. Driver Kory Michael Payne was driving while impaired, and Morgan was not his only passenger. Also in the pickup truck was passenger Nathan Anthony Martin who, according to the accident report filed by police in Forsyth County, sustained Type 4 Injuries. The report claims it is unable to be determined what, if any, form of safety restrain Nathan and the driver were wearing at the time of the accident.

Pedestrian Carrie Wood Struck by Car, in Critical Condition

Thu, 14 Oct 2010 08:00:00 EST

A 15-year-old pedestrian, Carrie Marie Wood, was hit by a motor vehicle on Country Club Road in Winston-Salem, North Carolina around 10:15 p.m. on October 11, 2010. She was transported to Wake Forest University Baptist Medical Center following the accident. Driver Sarah Kristen Neaves, 20, crossed through the intersection with Vinegar Hill Road just before Ms. Wood stepped in front of the car. The accident is still being investigated.

UPDATE: Morgan Reiss Payne Dies Following Crash

Thu, 14 Oct 2010 08:00:00 EST

Morgan Reiss Payne, 19, of Kernersville was riding in the bed of a pickup truck when then vehicle overturned on Saturday, October 9, 2010. Sadly, he spent several days in the hospital before his death this morning, October 14, 2010. The driver, Kory Michael Fischer, 21, also of Kernersville, was charged with driving while impaired and felony serious injury by vehicle. He might now face additional charges.

Leo Robert Ness III Dies One Week after Motorcycle Collision

Wed, 13 Oct 2010 08:00:00 EST

Leo Robert Ness III, of Asheboro, died on October 12, 2010 after sustaining injuries in a collision on Industrial Drive on October 6, 2010. He was driving a motorcycle when a motor vehicle hit him.

Kevin Scott Burke Air Lifted to UNC Hospitals After Wreck

Tue, 12 Oct 2010 08:00:00 EST

Kevin Scott Burke, of Burlington, North Carolina, was taken to UNC Hospitals on October 5, 2010 after suffering non-life threatening injuries in an automobile accident. Burke was attempting a left turn at the intersection of North Church Street and Graham Hopedale Road when his 2000 Chevrolet Monte Carlo was hit by a Ford Explorer. The driver of the Explorer, William Charles Vanderburg, also of Burlington, had run a red light, causing the car wreck.

Kory Michael Fischer, 21, Overturns Pickup, Seriously Injures One

Mon, 11 Oct 2010 08:00:00 EST

A crash that seriously injured one passenger on Saturday, October 9, 2010 is still under investigation by police officers in Kernersville. They have charged Kory Michael Fischer, 21, with driving while intoxicated (DWI) and felony serious injury by vehicle. The passenger of his pickup truck was riding in the truck bed and was seriously injured when the pickup truck overturned at the intersection of Lambeth Farm Lane and Lake Way. The passenger—who has not yet been publicly identified—was transported to Baptist Hospital for treatment. The driver, Mr. Fischer, was taken to jail and placed there under $51,000 bond.

Driver Who Killed Juan Vega in Hit-and-Run Incident Still at Large

Fri, 08 Oct 2010 08:00:00 EST

Authorities are still searching for the driver who hit pedestrian Juan Vega on NC Highway 150 in Rockingham County during the evening of September 11, 2010. North Carolina’s Highway Patrol and Rockingham County’s Sheriff’s Department have requested that the public contact local law enforcement in Rockingham County if they have any further information regarding the incident. Police suspect a woman driving a grey or silver vehicle struck Vega and fled the scene.

Student Samantha Hussey Dies, Laura Watkins Injured

Fri, 08 Oct 2010 08:00:00 EST

The investigation into a fatal car wreck that happened on October 6, 2010 in Troy, NC is ongoing. Samantha Hussey, of Biscoe, NC was killed when the car she was riding in with Laura Watkins overturned on Page Street. The two Montgomery Community College students were on their way to school when the automobile accident occurred.

Drunk Drivers Still Don't Get It!

Thu, 07 Oct 2010 08:00:00 EST

Alarming numbers are in! During the statewide Labor Day “Booze It & Lose It” campaign, law enforcement officers in North Carolina cited 3,297 drivers for driving while impaired (DWI) between August 20 and September 6, 2010.

Across the state, there were more than 11,180 sobriety checkpoints during the campaign. The counties with the most DWI citations were Mecklenburg with 286, Wake with 215 and Robeson with 117.

In addition to issuing DWIs, officers gave seat belt and child passenger safety violations, speeding and drug charges. They apprehended 1,100 fugitives and recovered 113 stolen vehicles.

According to a press release from the NC Department of Transportation and the Governor’s Highway Safety Program, 111,668 traffic and criminal citations were handed out.

Last summer, a similar campaign, “Booze It & Lose It: Operation Firecracker,” produced almost 1,300 DWI citations from June 28 through July 4, 2010.

DePuy hip implant replacement: One patient's ordeal

Thu, 07 Oct 2010 08:00:00 EST

After hip replacement surgery in February 2008, Kim Horbas was mobile and pain-free. But by the summer, her hip began to make a clicking sound when she walked.

“It got louder and louder, so you could hear me coming from a pretty far distance,” said Horbas, a 55-year-old woman from Champagne, Illinois. Just 10 months after her first surgery and recovery, Horbas underwent surgery again to have the hip device removed and a different one implanted.

That is the story of one person who had a DePuy hip replacement implant. Her ordeal will likely be experienced by thousands of other patients.

On August 26, 2010, the DePuy Orthopaedics company, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems. The hip implants are known as the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. About 93,000 of the devices have been implanted worldwide. The chances are that one out of eight of the implants will fail, requiring painful and expensive “revision” surgery.

Horbas went back to her doctor , who decided to take a look inside. He found metal staining the tissues, meaning the hip had been deteriorating inside. So, Horbas was facing surgery again and the ensuing rehab. “It was the same process all over again,” she said. “It's pretty debilitating. You can't move, you're on a walker for four to six weeks, then you move on to a cane.”

To read the full story, see this article in the Illinois News-Gazette.

Horbas’s doctor, orthopedic surgeon Robert Bane, said he first began using the DePuy hip system in 2006, because its metal-on-metal construction was intended to make it last longer than the traditional device used in hip replacement surgery.

However, the rubbing of metal-on-metal releases microscopic metal particles. These microscopic particles disperse and accumulate in nearby parts of the body, where they can become toxic to tissue and possibly cause other problems. Bane stopped using the DePuy device when the first problem developed with a patient in late 2008. (This article explains further why the DePuy implant device fails.)

DePuy and Johnson & Johnson are offering compensation to patients injured by the implants. But the offer is limited.

Here is an excerpt from the DePuy recall statement:

“DePuy intends to cover reasonable and customary costs of testing and treatment if you need services, including revision surgery if it is necessary, associated with the recall of ASR … DePuy will then reimburse you for your reasonable out-of-pocket expenses.”

These statements are red flags. Who determines what is reasonable? The company that manufactured these faulty devices? And why are they offering “out-of-pocket” expenses only? What about the pain, mental anguish, scarring, or lost wages you might have suffered? Who will put a value on those damages?

The following articles can provide you with more information about:

Symptoms, health problems and possible damages

Documents releasing medical records (You should not sign them.)

Congressional hearings on Johnson & Johnson’s recall practices

Other patients’ cases and lawsuits

The severity of the health issues involved and DePuy's limited offer of compensation mean you will need the counsel of an expert hip-replacement attorney. You may have suffered pain, diminished physical well-being, lost wages and other injuries. Contact the attorneys of the Egerton Law firm. We can help you through this trying time.

Fatigue Contributes to Multivehicle Collision, Ten Deaths

Wed, 06 Oct 2010 08:00:00 EST

On September 28, 2010, the National Transportation Safety Board (NTSB) in Washington, D.C. announced its determination that a fatal multicar crash that occurred on June 26, 2009 in Miami, Oklahoma was a devastating consequence of fatigued driving.

The driver of a 2008 Volvo truck-tractor semitrailer suffered “acute sleep loss, circadian disruption associated with his shift work schedule, and mild sleep apnea,” according to a press release from the NTSB. As a result, he failed to react to a stopped line of traffic—neither by braking nor by swerving to avoid a collision.

His truck-tractor semitrailer impacted first an SUV before hitting three more vehicles, the third of which was rammed into a livestock trailer being towed by a pickup truck. The pickup truck slammed into an additional, fifth vehicle.

Ten people who were in the much smaller passenger vehicles that were impacted by the truck-tractor semitrailer were killed. Five were injured in addition to the 76-year-old, fatigued truck driver.

NTSB Chairman, Deborah A.P. Hersman, said, “This crash points out the need for three important actions by federal regulators that would go a long way to reducing this type of accident on our roadways.”

First, a fatigue management system would help educate drivers and their employers about the pernicious hazards of fatigued driving. Second, event recorders such as video on motor carriers like the truck-tractor semitrailers would help accident investigators following up on similar collisions. Finally—since this accident was in part due to traffic congestion from a prior accident on the road—a collision warning system could be a successful preventative measure.

DePuy hip implant recall and compensation: Too little, too late

Wed, 06 Oct 2010 08:00:00 EST

On August 26, 2010, the DePuy Orthopaedics company, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems. About 93,000 of the devices have been implanted worldwide, according to a DePuy spokesperson.

The hip implants are known as the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. The chances are that one out of eight of the implants will fail, requiring painful and expensive “revision” surgery.

Too late

The first lawsuit filed in the United States against DePuy over these defective ASR hip implant was in March, 2009 — almost 18 months before the device was recalled. Another lawsuit quoted in this news article states: “Officials of J&J’s DePuy Orthopaedics unit knew for years many of the 93,000 patients with ASR hip implants required corrective surgeries.”

In fact, the Food & Drug Administration had received over 500 complaints about these implants over the past few years

Late in 2009, DePuy announced it was phasing out the implants because of slow sales. But in March, the company warned doctors that the implants might have a high failure rate in some patients. As one doctor said succinctly, “It is way too late.”

So, despite lawsuits beginning nearly a year and a half before, years of complaints to the FDA, and warnings to doctors in March, DePuy waited until the end of August 2010 to issue the recall.

Furthermore, stopping production of the devices more than eight months before the recall has been compared to a “phantom recall,” in which Johnson & Johnson hired contractors to secretly buy back tens of thousands of packets of defective Motrin. That recall and a spate of others were the focus of a congressional hearing September 30, 2010, where federal regulators testified that Johnson & Johnson repeatedly did not investigate and fix problems with its medicines.

Too little

DePuy’s recall notice opened with this sentence: “DePuy makes patient safety and health a top priority and is continually evaluating data about its products.”

But the notice also stated, “DePuy intends to cover reasonable and customary costs of testing and treatment if you need services, including revision surgery if it is necessary, associated with the recall of ASR … DePuy will then reimburse you for your reasonable out-of-pocket expenses.”

If you were implanted with this defective device you are entitled to complete compensation, not just what DePuy decides is “reasonable.” Their offer leaves out injury such as the effect on overall physical and mental health, pain and mental anguish, disfigurement or scarring, and future medical expenses.

Link to this article to learn more about symptoms, injuries, and damages a defective implant can cause. You also may receive documents requesting access to your medical records – which you should not sign.

The severity of the health issues involved and DePuy's limited offer of compensation mean you will need the counsel of an expert hip-replacement attorney. To be sure that you receive justice in your case, call us at Egerton Law – 336-273-0508 1-800-800-4LAW (4529). We will do what it takes to get you a fair and just settlement.

DePuy hip implants: Why they fail, and how it can harm you

Tue, 05 Oct 2010 08:00:00 EST

Have you had a Johnson & Johnson/DePuy hip replacement implant in the past few years? These devices have a 1 in 8 chance of failing, which would require you to have additional surgery, called “revision” surgery. Revisions are more complicated and costly than primary joint replacements because surgeons have less bone and more scar tissue to work with.

This can be a life-changing event surrounded by serious health issues and expenses. It is a good idea to seek the counsel of an expert hip-replacement attorney.

But what exactly are these devices, and why do they fail?

This hip prosthetic is made by DePuy Orthopaedics, a subsidiary of Johnson & Johnson. It is a large, metal-on-metal, ball-and-socket joint. The socket of the joint, called an acetabular cup, is made out of cobalt chrome. One intended advantage was that the metal-on-metal design would be stronger than earlier designs such as metal-on-polyethelene. In the U.S. the trend has been for hip replacement patients to be younger and more active, requiring devices that will wear longer.

However, the grinding of metal-on-metal releases cobalt and chrome ions. These microscopic particles disperse and accumulate in nearby parts of the body, and also flow through the bloodstream.

When these ions or metal particles settle, they can infiltrate organs and tissues. They can produce local irritation or even create large cysts. Some surgeons say they have discovered these cysts during revision surgery, and that the cysts sometimes break open and leak out their contents during the operation.

This raises other serious medical questions. The cobalt and chrome ions that are released into the lubricating fluid that surrounds joints may be carcinogenic. To date, there is no clear medical literature to establish what, if any, effect these potentially cancer-causing substances may have upon the human body. But chronic exposure to metals has be been shown to be carcinogenic in laboratory animals.

For an indepth look at materials used in hip replacement devices, read this report by doctors in the Department of Orthopaedic Surgery at the University of Pennsylvania School of Medicine.

The following articles I have written can inform you on issues including:

possible symptoms and the recall itself
a current DePuy lawsuit
congressional hearings on a string of Johnson & Johnson recalls
legal pitfalls and documents you should not sign

Another article describes problems suffered by a patient who underwent revision surgery just 10 months after her first surgery.

These articles by The New York Times and Bloomberg may provide more information.

I cannot stress enough – it is vital to educate yourself about your situation. A failed implant can cause severe problems:

Loosening, when the implant does not stay attached to the bone in the right position
Fracture, where the bone around the implant may have broken
Dislocation where the two parts of the implant that move against each other are no longer aligned

Finding out that a device that has been implanted in your body is now being recalled is a scary thing. And along with the mental anxiety, you may have suffered pain, diminished physical well-being, lost wages and other injuries. The attorneys of the Egerton Law firm can help you through this trying time.

Collision with Tree Kills Stephen Durrell Townsend in Greensboro

Mon, 04 Oct 2010 08:00:00 EST

Stephen Durrell Townsend was pronounced dead at the scene of an automobile accident involving his 2007 Chevrolet Cobalt during the evening of October 1, 2010. Mr. Townsend lost control of the vehicle and hit a tree on Andrew Street in Greensboro, North Carolina. He was taken to Moses Cone Hospital.

Suquan Rogers, 21, Dies in Single Car Wreck

Mon, 04 Oct 2010 08:00:00 EST

A young man, Suquan Rogers, died at High Point Regional Hospital after an automobile accident on North Scientific Street in High Point, North Carolina during the early morning hours of October 2, 2010. The car Mr. Rogers was riding in collided with a utility pole and then a tree, trapping Mr. Rogers and three other victims inside. All of the vehicle’s passengers had to be extracted from the car and were transported to area hospitals including High Point Regional and Moses Cone. Speeding and possibly alcohol were factors in this fatal crash.

James McNeill Dead, Paul Wilkerson Injured in Head-On Crash

Mon, 04 Oct 2010 08:00:00 EST

A head-on collision claimed the life of James McNeill, 57, of Ramseur, on NC 42 south of U.S. 64 in Randolph County near Asheboro, NC on the morning of October 4, 2010. Paul Wesley Wilkerson, 36, of Franklinville, was driving his GMC pickup truck when he crossed the double yellow lines and hit James McNeill’s Nissan Sentra head-on. Trooper Greg Ingram said “inattentiveness” caused the accident and it’s possible that Mr. Wilkerson feel asleep while driving. He’s been charged with misdemeanor death by motor vehicle and reckless driving. He was taken to Wake Forest University Baptist Medical Center for treatment on non-life threatening injuries. NC Highway Patrol is still investigating the accident, but an accident report is available by clicking here.

Randolph County School Bus Crash

Mon, 04 Oct 2010 08:00:00 EST

Six or seven Seagrove Elementary School students were taken to area hospitals when a car hit a rear wheel of their school bus on Southrock Road on October 1, 2010. One student was air lifted to UNC Hospitals in Chapel Hill. The others were transported via ambulance. Several other students were picked up at the scene by their parents, while the remaining students were taken to school via activity bus.

16-Year-Old Recovering from Hit-and-Run in Greensboro

Mon, 04 Oct 2010 08:00:00 EST

Dennis Covington, Jr. was hit as a pedestrian while checking a tire on Alamance Church Road in Greensboro on September 26, 2010. The motorist involved did not stop to check if Covington, Jr. was all right. The 16-year-old suffered a broken jaw, bruises and scratches, but was lucky to have survived the accident. Authorities are still trying to find the driver of this hit-and-run. They believe the car was a gold-colored Honda Accord.

Hip replacements are not the only J&J recalls, congressional hearing shows

Sat, 02 Oct 2010 08:00:00 EST

The Johnson & Johnson/DePuy hip replacement recall is a mind-boggling fiasco, with the devices having been implanted in 93,000 patients. Many will likely need painful and expensive “revision” surgery.

But something even more amazing is another recall by Johnson & Johnson. It’s being referred to a “phantom recall,” in which J&J hired contractors to pose as customers and secretly buy back 88,000 packets of defective Motrin.

In fact, J&J is under fire for a long list of recalls. On Thursday, September 30, 2010, federal regulators told a congressional committee that Johnson & Johnson repeatedly did not investigate and fix problems with its medicines.

The hearing was the second one looking into problems at three manufacturing plants that are part of J&J’s McNeil Consumer Healthcare unit, according to an article Friday in the Wall Street Journal. The McNeil unit makes Tylenol and other over-the-counter medicines. The largest recall, which involved more than 135 million bottles of infants’ and children’s Tylenol and other medications, triggered the investigation, according to another newspaper.

Since September 2010, J&J has announced nine recalls of drugs for children and adults. They have also had recalls on Acuvue contact lenses, and on Tuesday, the FDA warned J&J against falsely claiming their mouthwash products remove plaque and prevent gum disease, according to the WSJ article. Additionally, the McNeil unit is under federal criminal investigation.

Before I go further, let’s review some facts of the hip replacement recall:

In August, the DePuy Orthopaedics company, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems. The recall said that five years after implantation, about one in eight patients needed to have the “revision surgery.”

For more details on the DePuy hip devices, the recall, and symptoms you may experience, see this previous article.

If you have had a hip replacement and are experiencing pain, you likely will need the help of a hip-replacement attorney.

You may receive a letter from your doctor along with a Medical Release Form for you to fill out and sign. Do not sign anything. The form is from DePuy, and it releases all kinds of medical records to them – from physical therapy reports all the way down to telephone message slips.

Several red flags in the letter that suggest that this document is seeking information that can be used against you. I explain them in this previous article.

You may find it hard to believe that a company would use this seemingly harmless tactic to obtain your personal medical information. Which brings me back to the Johnson & Johnson hearing Thursday. Regarding the “phantom recall,” the FDA’s deputy commissioner, Dr. Joshua Sharfstein, testified that the FDA did not know J&J had instructed contractors to pose as regular customers while buying the product and to not alert store employees to their activity.

"Based on the documents I reviewed, I don't see any indication that the FDA was aware of the surreptitious, lying nature of the recall," Sharfstein said. These are harsh words from an FDA official.

Perhaps this fishing expedition for your medical records is not so surprising, given how J&J has handled other defective product problems.

For other information on the Johnson & Johnson recalls, see these reports:

CNN Money

The New York Times

National Public Radio (NPR)

If you are affected by the DePuy hip replacement recall, the attorneys of the Egerton Law firm can help you. We can review documents that you receive, explain their ramifications, and advise you on how to proceed. If you have already signed documents, we can tell you how to undo that.

Leigh Ann Culverhouse Killed, 2 Injured in Wilkes County Crash

Thu, 30 Sep 2010 08:00:00 EST

Photo Credit Chuck Hubbard, Wilkes Journal-Patriot

Leigh Ann Culverhouse, 34, of North Wilkesboro, was driving her 7-year-old son, Joshua Ryder Bumgarner, on his birthday, September 28, 2010, when she crossed the yellow line on Country Club Road in her 1998 Honda Passport and hit a GMC truck head on. Culverhouse and her son were both airlifted to Wake Forest University Baptist Medical Center in Winston-Salem, North Carolina, where Culverhouse died several hours after the collision.

Bumgarner is listed in fair condition having suffered broken legs during the accident. The truck driver, Daryl Clay Triplette, 48, is listed in serious condition, according to an article on myfox8.com. He sustained a dislocated hip and underwent emergency surgery to remove his spleen after the car crash.

All of the victims of this automobile accident were wearing seatbelts. Authorities do not suspect that weather, speed nor alcohol contributed to the crash.

Bedbug Infestations Difficult to Prevent, Exterminate

Tue, 28 Sep 2010 08:00:00 EST

Cases of bedbug infestations are on the rise, and the pests are difficult to eradicate. Researchers are trying to develop innovative forms of bedbug infestation prevention and extermination. According to Dr. Coby Schal from NC State University, “The idea of sharing a bed with a large population or even a small population of insects that nightly suck blood from you, there’s a huge psychological cost,” not to mention the painful, itchy bites and property damage that can result. Several central North Carolina college dormitories have been inflicted with bedbugs since August, including Wake Forest University, Wesleyan College and Catawba College.

Catawba College in Salisbury, NC Evacuated Due to Bedbugs

Tue, 28 Sep 2010 08:00:00 EST

Abernethy Village, a dormitory complex at Catawba College in Salisbury, North Carolina, was evacuated on September 15, 2010 due to a bedbug infestation. One hundred twenty students were forced to evacuate as exterminators tried to manage the situation. A recent resurgence of bedbugs has affected dormitories at several other colleges in North Carolina, including Wake Forest University and Wesleyan College, this year.

Search for Justice for Cyclist Michael R. Pellegrino

Tue, 28 Sep 2010 08:00:00 EST

Michael R. Pellegrino, 48, of Stokesdale, North Carolina was discovered dead on NC Highway 421 on the morning of September 26, 2010. Troopers are unsure of exactly how and when he was killed, but he appears to have been struck by a motor vehicle while he was riding a sports bike along the highway late Saturday night or early Sunday. Based on evidence found at the scene of the automobile accident, Trooper Greg Ingram and other authorities believe the vehicle that struck Pellegrino was a 1993-1997 Ford pickup truck, possibly a Ranger. Investigators don’t know the color of the truck, but suspect that damage was done to the vehicle’s right front side.

According to Pellegrino’s friend, Brian Marcum, in an article on myfox8.com, Pellegrino was an experienced cyclist en route to the North Carolina coast at the time of the fatal hit-and-run.

Garbage Truck Driver Charged with Exceeding Safe Speed

Tue, 28 Sep 2010 08:00:00 EST

William Hooper was driving a garbage truck on Surrett Drive in Trinity, North Carolina when the vehicle overturned. He claims that the garbage truck’s heavy load shifted and caused the vehicle to run off the road and overturn in a ditch. Hooper was charged with exceeding a safe speed because of the rainy conditions on September 27, 2010, the date of the automobile accident.

Greensboro Resident Struck, Killed on U.S. 158 in Kitty Hawk, NC

Tue, 28 Sep 2010 08:00:00 EST

Scott Robert Striano, 42, was with friends on a fishing trip to Kitty Hawk, a town on North Carolina’s Outer Banks, when he was hit by two vehicles and killed during the night on September 25, 2010. Striano was crossing U.S. Highway 158, also known as Croatan Highway, after leaving Longboards Island Grill to use an ATM at a 7-Eleven across the highway. A pedestrian, Striano was hit by one motorist before landing in the road and suffering another hit by a different car. Kitty Hawk police Sergeant J.C. Johnson said neither driver was suspected of driving under the influence of drugs or alcohol, and that charges will not be filed against them.

Pedestrian Hit Waiting in Line for Job with Dixie Classic Fair

Tue, 28 Sep 2010 08:00:00 EST

Witnesses say a man was running across the road to his car this morning, Tuesday, September 28, 2010 when he was struck by a motor vehicle. The man was in Winston-Salem, North Carolina at the Dixie Classic Fairgrounds in order to apply for one of 200 temporary employment positions that will be available during the fair. Fortunately, a nurse who was also in line with 400 other job hopefuls, assisted the unidentified victim until Emergency Medical Services arrived at the scene of the accident.

UPDATE: Pedestrian, Nicholas Acenas, Hit on Deacon Boulevard

Tue, 28 Sep 2010 08:00:00 EST

Nicholas Acenas, 19, was crossing Deacon Boulevard in Winston-Salem to attend a job fair hosted by the Dixie Classic Fair at Laurence Joel Veterans Coliseum when he was hit by a car. The driver of a 2007 Kia will not be charged. Nicholas Acenas was transported to Baptist Hospital with injuries are that are not considered life threatening.

Troopers Cheek and Brame Injured on Motorcycles

Tue, 28 Sep 2010 08:00:00 EST

John Cheek and Jared Brame were injured when they were involved in a motorcycle accident earlier today, September 28, 2010. The motorcycle accident occurred on Sandy Cross Road near the intersection with Boyd Road. The two off-duty troopers were riding with another motorcyclist when Mr. Cheek’s vehicle experienced a mechanical malfunction, causing him to take his eyes from the road and hit a mailbox. In order to avoid colliding with Mr. Cheek and his motorcycle, Mr. Brame swerved. He lost control of the motorcycle and wound up in a ditch. Both men were taken to Moses Cone Hospital with non-life threatening injuries. Another motorcyclist was with the two troopers, but he was not involved in a crash and remained unharmed.

DePuy hip replacement recall means tidal wave of cases

Thu, 23 Sep 2010 08:00:00 EST

The number of people affected by the DePuy hip replacement recall is astonishing – 93,000 patients – equal to the population of a good-size city. It can be compared to something like an earthquake or a hurricane – except this is no natural disaster.

If you have had a hip replacement and are experiencing pain, you may need the help of a hip-replacement attorney. You may have a claim for injury similar to a California lawsuit, filed August 30, that I will discuss below.

These are the facts of the recall:

On August 26, 2010, the DePuy Orthopaedics company, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems. The company stated that: “This recall means additional testing and treatment may be necessary to ensure the hip is functioning well.

The hip implants are known as the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System.

“In some cases, patients may need additional surgery.” According to information from DePuy, this recall affects people who had hip replacement surgery since June 2003. The additional surgery is also referred to as “revision surgery.”

In the lawsuit in California, Johnson & Johnson was sued by a construction worker, Maurice Brigham, who had been implanted with two of the Acetabular hip-replacement devices that the drugmaker stopped selling last month after defect reports surfaced.

As reported in this news article, the lawsuit states that officials of J&J’s DePuy Orthopaedics unit knew for years many of the 93,000 patients with ASR hip implants required corrective surgeries due to the mechanisms’ defects.

“For more than two years, defendants have known the ASR Hip Implant Devices were failing early and causing harm in a high number of patients,” Brigham’s attorneys said in the suit, filed in San Francisco.

Brigham, a heavy-equipment operator, received the implants in 2007. He had one of the devices removed last month, but hasn’t been able to get a replacement, the suit said, which has left him unable to walk.

A huge surge of litigation over this recall is bound to ensue. If you are affected by this recall, contact the Egerton Law firm and get help.

Do you have a DePuy hip replacement? Sign nothing!

Thu, 23 Sep 2010 08:00:00 EST

Have you or someone you know had hip replacement surgery using a hip implant device made by the DePuy Orthopaedics company? You may be receiving a letter from your doctor asking you to come in for an evaluation of your hip, along with a Medical Release Form for you to fill out and sign.

This is the most important sentence you will read in this article:

Do not sign anything.

This is the second most important sentence:

You should contact a qualified hip-replacement attorney as soon as possible.

As you may have heard, on August 26, 2010, the DePuy Orthopaedics company, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems. The company stated that: “This recall means additional testing and treatment may be necessary to ensure the hip is functioning well. In some cases, patients may need additional surgery.” The additional surgery is also referred to as “revision surgery.”

The hip implants are known as the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. For more details about the devices, symptoms you may experience, and possible complications, view my previous article.

The letter you receive will suggest that you call DePuy if you have any questions about payment for treatment. You should not do that. It will also ask you to complete the Medical Release form and bring it to your evaluation in order to “share information regarding your hip with DePuy.” This is information you do not want to share. It can be used against you.

This information includes new patient intake form, progress record, telephone message slips, copies of lab work, consultation reports, physical therapy reports, and all records related to your surgery and follow-up.

At this juncture, ask yourself: Why does DePuy want telephone message slips?

More warning signs appear in an Information for Patients sheet included with the letter.

The information sheet says that DePuy needs your medical records for reasons that include:

“To evaluate whether costs related to the patient’s treatment are eligible for reimbursement”
“To confirm that the (additional surgery) is related to the ASR recall, and not some type of other cause, such as a traumatic fall”

The Information for Patients sheet also notes that although no patient is required to sign the Medical Release Form:

Here is another item to consider.

The doctor’s letter mentions that “A small number of patients with the hip implant you received have experienced problems that require additional care and potentially further treatment.” (For a copy of the letter click here.)

However, DePuy’s information sheet states:

“New data shows that five years after implantation, approximately 12% of patients (1 in 8) who had received the ASR resurfacing device and 13% of patients (1 in 8) who had received the ASR total hip replacement needed to have a revision surgery.”

That is an astonishingly high rate of failure in these joint replacements. By DePuy's own admission, one out of eight patients had to undergo “revision surgery.”

As quoted in this news article, one lawsuit states: “Officials of J&J’s DePuy Orthopaedics unit knew for years many of the 93,000 patients with ASR hip implants required corrective surgeries due to the mechanisms’ defects.”

For information on this lawsuit, filed August 30, view my previous article.

Finding out that a device that has been implanted in your body is now being recalled is a scary thing. And along with the mental anxiety, you may have suffered pain, diminished well-being, lost wages and other injuries.

Motorcyclist Killed on I-40 in Greensboro; Driver Charged with Texting

Wed, 22 Sep 2010 08:00:00 EST

Tyrone Diggs, 41, was pronounced dead at the scene after a 1993 Toyota Corolla collided with his Suzuki motorcycle on Interstate 40 near Elm Street in Greensboro, North Carolina at around 3:00 a.m. on September 19, 2010. Jamarr Kentrell Calhoun, 22, was charged with texting while operating a motor vehicle, operating a vehicle with no insurance, failure to reduce speed, involuntary manslaughter and misdemeanor death by motor vehicle.

UPDATE: Authorities Attempt to Locate Driver in Hit-and-Run Incident

Wed, 22 Sep 2010 08:00:00 EST

Tyron S. Oluremi, 28, a student at Winston-Salem State University, was treated at Wake Forest Baptist Medical Center on September 15, 2010 after being struck by a white pickup truck while he was walking down Martin Luther King, Jr. Drive in Winston-Salem. Police are now trying to find Rayshaun Lamont Staley, 30, the alleged driver in the incident. He’s wanted on charges of felony hit-and-run. Oluremi has since been released from hospital care.

Guil-Rand Firefighters Construct Wheelchair Ramp Injured Volunteer

Wed, 22 Sep 2010 08:00:00 EST

Darren Weatherman, a Guil-Rand volunteer firefighter, and his wife, Heather, were seriously injured after a motorist struck their motorcycle outside of Laurinburg, North Carolina on September 14, 2010. Mr. Weatherman underwent surgery on his pelvis and hip, and has a 5-6 month rehabilitation program ahead of him. Other Guil-Rand firefighters built a wheelchair ramp and plan on helping the Weathermans around the house with yard work and maintenance projects during the months of Mr. Weatherman’s recovery. The couple was participating in the Peak Heals Tour—which includes firefighters on motorcycles and several pink fire trucks in order to raise cancer awareness throughout the U.S.—when the accident occurred.

Friendly Avenue at Commerce Place|T-bone Collision

Wed, 22 Sep 2010 08:00:00 EST

On the afternoon of September 21, 2010, Bill Aycock was driving his Toyota 4Runner on Commerce Place in downtown Greensboro when another driver in a Geo ran a red light at Friendly Avenue. Mr. Aycock said he hit his brakes, but the two vehicles collided in the intersection nonetheless. The front airbags of the Geo were deployed. The driver was transported to an area hospital via EMS. Mr. Aycock said his neck was beginning to get stiff, but appeared to be otherwise unharmed.

Driver Crashes Car into House on S. Elm-Eugene in Greensboro, NC

Mon, 20 Sep 2010 08:00:00 EST

The name of the driver who drove a car into a home on S. Elm-Eugene Street in Greensboro has not yet been released. Thankfully, no one was injured as a result of the accident.

Vehicle Falls, Kills Young Man Making Repairs in Greensboro, NC

Mon, 20 Sep 2010 08:00:00 EST

The North Carolina Department of Labor is investigating an accidental death that occurred on September 18, 2010 at Whip Appeal Auto LLC on Bessemer Avenue in Greensboro. Talon James Brandon Gravely, 19, was underneath a vehicle making repairs when it collapsed and killed him. Although other employees were at the shop at the time, no one was with Gravely when the incident happened.

UPDATE: Driver Arrested in Bicycle Hit-and-Run

Mon, 20 Sep 2010 08:00:00 EST

The suspect alleged to have hit bicyclist Toorialey Fazly and fled the scene in Elon, NC has a record that includes four counts of misdemeanor death by motor vehicle. Robin Stanfield Ragsdale struck five, killing four in 2007 on University Drive in Elon. She claims that it is because of this prior experience that she “panicked and just took off” after striking Fazly on September 15, 2010, according to Lt. James Perry. Ragsadale states that the accident occurred because the sun was in her eyes when she hit Fazly. He remains at Duke Medical Center in stable condition.

Motorcyclist Hit on Wendover Avenue in Greensboro, NC

Mon, 20 Sep 2010 08:00:00 EST

A man riding a motorcycle east on Wendover Avenue in Greensboro sustained a broken ankle and concussion when a white Pontiac Montana minivan struck his vehicle during the morning of September 17, 2010. The victim, whose name has not been released, was taken to Moses Cone Hospital. The driver of the minivan, also unidentified, was unharmed.

Has your hip replacement device been recalled? Are you in pain?

Sat, 18 Sep 2010 08:00:00 EST

Have you or someone you know had hip replacement surgery since June 2003 and are suffering pain? If so, you may need the advice of a hip replacement attorney.

Your hip implant may be a medical device that has been recalled. Yes, that sounds gruesome – recalling a joint that is now inside a person’s body.

The hip implants are known as the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. As quoted in this news article, one lawsuit states: “Officials of J&J’s DePuy Orthopaedics unit knew for years many of the 93,000 patients with ASR hip implants required corrective surgeries due to the mechanisms’ defects.”

Some patients are receiving documents that may affect liability in these cases. Do not sign these documents. If you have signed such documents, call us. We can tell you how to undo that.

Why do you need a lawyer? This excerpt from the DePuy website will tell you:

These are symptoms you might be experiencing:

Unexplained hip pain
Thigh pain or groin pain
Pain with walking
Pain rising from a seated position
Pain with weight bearing
Swelling

If you have these symptoms, it may indicate these severe problems:

Loosening, when the implant does not stay attached to the bone in the right position
Fracture, where the bone around the implant may have broken
Dislocation where the two parts of the implant that move against each other are no longer aligned.

The recall also states:

That is an astonishingly high rate of failure in these joint replacements. By their own admission, one out of eight patients had to undergo “revision surgery.”

In determining the amount of damages for a DePuy metal hip replacement lawsuit, the following are some of the common factors that a jury may consider:

The extent and duration of the injury suffered
The effect that the DePuy ASR hip injury had on the overall physical and mental health or well-being of the plaintiff
The pain and mental anguish suffered in the past and which will likely be suffered in the future
The extent of any disfigurement or scarring caused by defective DePuy ASR hip implants or their removal
The amount of any past or future medical expenses caused by DePuy metal-on-metal hip implants
Any lost wages or loss of earning capacity

To be sure that you receive justice in your case, call us at Egerton Law – 336-273-0508 1-800-800-4LAW (4529), or fill out this form and let us contact you. We will do what it takes to get you a fair and just settlement.

Driver Arrested in Bicycle Hit-and-Run in Elon, NC

Fri, 17 Sep 2010 08:00:00 EST

Robin Stanfield Ragsdale was arrested and charged with felony hit-and-run on Thursday, September 16, 2010 after having struck bicyclist Toorialey Fazly—an exchange student attending Elon University from Afghanistan—as he was biking east down West Lebanon Avenue near Lee Street in Elon, North Carolina on Wednesday. Ms. Ragsdale claims she panicked and fled the scene after realizing she’d hit Fazly. He is currently listed in stable condition at Duke Medical Center.

Pedestrian with History of Seizures Run Over, Killed

Fri, 17 Sep 2010 08:00:00 EST

Mark Thomas, Jr. had a history of seizures, according to a local state trooper in King, North Carolina. Mr. Thomas was killed while lying in the middle of Meadowbrook Drive in King, North Carolina. It’s unknown at this point why he was lying in the road, but it’s possible that the explanation relates to his medical condition.

Business I-40 Delays Expected as Bridges Inspected, Repaired

Fri, 17 Sep 2010 08:00:00 EST

A chunk of concrete fell from the Church Street Bridge over Business I-40 in Winston-Salem, North Carolina earlier this summer, prompting an investigation into the conditions of bridges along that stretch of the highway. The North Carolina Department of Transportation (NC DOT) warns that drivers should anticipate traffic delays on Business I-40 during the inspection process. Motorists should look out for workers and also keep in mind a safe following distance from other cars. Drivers should not under any conditions follow too close.

Teenage Pedestrian Hit on Lawndale Drive in Greensboro, NC

Fri, 17 Sep 2010 08:00:00 EST

Sean Sayers, 15, is in stable condition at Wake Forest University Baptist Medical Center in Winston-Salem, North Carolina after having been hit by a vehicle on Lawndale Drive in Greensboro on Wednesday. Sayers sustained non-life threatening injuries when driver Laura Lorenz struck him with her minivan. No charges are expected to be filed against Ms. Lorenz because she stopped and was compliant with the accident investigation.

Child, 5, Struck by School Bus Near Charlotte, NC

Fri, 17 Sep 2010 08:00:00 EST

Demarea Porter, 5, was running toward the school bus when he fell under the vehicle in Kannapolis, North Carolina on September 16, 2010. After the bus ran over the child, an ambulance crew transported him to a local hospital before he was airlifted to Carolinas Medical Center in Charlotte. He is now listed in critical but stable condition, and school bus driver Tomasina Colclough is on paid suspension awaiting the completion of the accident investigation.

WSSU Student, Pedestrian Survives Hit-and-Run Strike

Fri, 17 Sep 2010 08:00:00 EST

A white pickup truck jumped a curb and hit Tyron S. Oluremi as he walked down the sidewalk on Martin Luther King, Jr. Drive near the campus of Winston-Salem State University. The investigation is ongoing and authorities are still trying to find the driver in this hit-and-run. Oluremi sustained injuries to his head, back and knee for which he was treated at Wake Forest University Baptist Medical Center and released on Wednesday, September 15, 2010.

Three killed in accident in Brunswick County, N.C.

Thu, 16 Sep 2010 08:00:00 EST

A fatal wreck Saturday in Brunswick County, North Carolina, is another example of the serious consequences that can result from the combination of drinking, driving and high speed – a driver and two passengers dead and another passenger severely injured.

The single-car crash took place during the early morning hours of September 11, 2010 near the town of Northwest. Michael Eric Johnston, 28, of Leland, N.C. was driving his 2001 Chevrolet pickup truck east on Malmo Loop Road, according to news reports. At 2:29 a.m. his truck ran off the road, struck some posts in a churchyard and overturned. It flipped at least twice before coming to rest, according to Trooper J.H. Shaw.

Judging by the diagram in the accident report, this pickup actually rolled over three or four times. Why? Because the truck was going 70 miles an hour in a 55-zone when it ran off the road. It was going 65 mph at the impact, and went 187 feet before it stopped rolling. That’s 62 yards the truck rolled – over half the length of a football field.

To view the Highway Patrol report, click here.

Three people died at the scene: the driver, Johnston; passenger Aimee West Brown, 32 of Leland; passenger Jennifer Wood Sessoms, 27, of Winnabow. All three were thrown out of the vehicle.

The only person in the pickup who survived was wearing a seatbelt. Randall James Sessoms, 36, was transported to New Hanover Regional Medical Center in Wilmington. He sustained disabling injuries, but was in stable condition. He was Jennifer Sessoms’ husband.

The accident is still under investigation, but alcohol is believed to have played a role in the crash, Shaw said.

The details from this accident raise serious questions:

Was one person wearing a seatbelt because four people wear crammed into a truck cab meant to seat only three? With only three seat belts available?
Did the driver make a decision to take responsibility for the lives of three passengers when he was under the influence of alcohol at about 2:00 in the morning? Just after closing time?
Speaking of closing time –this crash happened about 30 minutes after bars have closed. Was this individual served too much alcohol before heading out on the road? Was the bar or bartender negligent?
Did the driver have any record of driving while impaired? If so, did the bartenders know about his driving history?

Rollovers happen more often with vehicles with higher centers of gravity – SUVs and trucks. That could have made a difference here. But most assuredly, alcohol, speed, and bad decisions made the crucial – and lethal – difference.

Passengers often the worst loss in DWI

Thu, 16 Sep 2010 08:00:00 EST

According to the report from the Fayetteville Observer newspaper, a recent fatal wreck near Pembroke, North Carolina, may prove to be an example of the tragedy that can strike when an impaired driver puts passengers at risk by getting behind the wheel.

The news report states that Todd Flanagan, 46, of Maxton, N.C., was riding with Corey Astor Locklear, 25, in a pickup truck at 6 a.m. Sept. 9, 2010.

Locklear was driving south on Jones Road and ran the stop sign at Maynor Road, according to a report filed by the N.C. State Trooper J.A. Jones. It’s unknown if speed or other factors were involved. These are answers that a good personal injury lawyer's investigation would show.

The 1993 Chevrolet pickup traveled through the intersection, for some reason left the roadway, then struck a ditch and crashed into trees, said. The truck then overturned, and Flanagan was thrown from the pickup truck.

The news report indicates that Locklear is charged with felony death by motor vehicle, driving while impaired and a stop-sign violation. He suffered injuries that were not life-threatening. Flanagan, who was not wearing a seat belt, died at the scene.

The first potential victims that people think of when someone is driving while impaired, are the other motorists or pedestrians. But many times there is no second vehicle or pedestrian. In this instance it didn’t take two cars to tango – a single-vehicle crash can take just as horrific a toll in human life when passengers are injured or killed.

Questions to be answered:

Did the passenger have on a seat belt?
Where did the driver drink?
How much did the driver drink?
Who drank with the driver?
Who are the witnesses to the drinking?
Who are the witnesses to the accident?
Were there other causes to the loss of control?
Did the driver have insurance?
Did the passenger have underinsured or uninsured motorist coverage?
Was an estate opened and why is that important?

If you don't know the answers to these questions, then you need good legal advice.

Elon student hit by car; driver flees

Wed, 15 Sep 2010 08:00:00 EST

Police are looking for a driver who rear-ended a bicyclist in Elon this morning. The driver fled the scene after hitting the bicyclist.

The 26-year-old exchange student at Elon was airlifted to Duke University Medical center.

Death of 11-year-old shows mailbox danger zone

Wed, 15 Sep 2010 08:00:00 EST

The recent tragic death of an 11-year-old girl who was struck in a hit-and-run accident near Lexington, North Carolina, is an example of a hazard that everyone should keep in mind. It’s a place where drivers and pedestrians regularly come in close proximity:

The roadside mailbox.

According to the Highway Patrol, Emily Nicole Locklear was crossing N.C. 150 to go check the mail just after 6 p.m. on Sept. 7, 2010 at the entrance to Whispering Pines Mobile Home Park. She was struck by a 2002 Acura being driven southbound by 19-year-old Chrystal Michelle Luck, news reports said.

The impact was so severe that the child was thrown over 100 feet, and her shoes were knocked off her feet.

The Highway Patrol said Luck failed to remain at the scene and charges are pending against her, news reports said. A spokeswoman for the Highway Patrol said a preliminary report indicated that hit-and-run driving was involved.

Mailbox-related crashes are common. Some facts about them from the Federal Highway Administration:

They are more likely to happen to children and the elderly.
They are likely to occur in rural areas.
They usually happen on higher-speed roads.
They are more likely to result in serious or fatal injury.

Everyone should be aware of the mailbox as a danger zone.
Motorists should remember as they drive that mailboxes are a likely place for a pedestrian to appear. Not only should drivers be on the lookout, but the presence of mailboxes should be a warning to slow down.
People walking to and from their mailbox should be aware that they in a dangerous place. Keep careful watch in both directions, and don’t linger in front of your mailbox. How many times have you seen people take a moment to flip through their mail while standing on or near the roadway (or even done it yourself)?

If you have kids or elderly relatives who walk to get the mail, make sure they know the rules of staying safe. Very young children and older people who have issues with memory and awareness should not be out there.

The news is full of stories of people being hurt or killed at their mailboxes. And these don’t necessarily have to be high-speed accidents. Slow-moving vehicles such as a car that has stopped and has started moving again, farm equipment, or a city truck backing up can be a deadly hazard as well, as these linked stories illustrate.

Hit and Run Ends in Death Near Reidsville, NC

Mon, 13 Sep 2010 08:00:00 EST

Regardless of the time of day or type of roadway, people driving cars should be on the lookout for pedestrians under any and all circumstances.

Juan Vega, 32, was walking along N.C. 150 near Reidsville, North Carolina on the evening of Saturday, September 11, 2010 when he was struck by an unknown motorist. The accident resulted in Mr. Vega’s death. The driver—who witnesses heard scream—fled the scene after observing the Mr. Vega’s body.

The driver in this tragic accident probably assumed she would face legal charges because of the accident. But until an automobile accident has been fully investigated, it cannot be said who was negligent.

At any rate, no driver should ever flee the scene of an accident involving a pedestrian (or any accident, for that matter!) Pedestrians who have been struck require immediate care, and any driver involved should be prepared and willing to provide whatever assistance is necessary to help an injured person.

The driver in this case may or may not be civilly liable for Mr. Vega’s death, but when she’s caught, she will be charged with Hit and Run—a felony.

Lexington girl, 11, dies after being hit by car

Wed, 08 Sep 2010 08:00:00 EST

An 11-year-old Lexington, North Carolina, girl who was struck by a car on Highway 150 on Sept. 7, 2010, has died.

According to the Highway Patrol, Emily Nicole Locklear was crossing N.C. 150 just after 6 p.m. Tuesday at the entrance to Whispering Pines Mobile Home Park where she lived. Witnesses said she was apparently going to check the mailbox.

Emily was struck by a 2002 Acura being driven southbound by 19-year-old Chrystal Michelle Luck, news reports said. She was taken to Brenner Children’s Hospital and was placed on life support.

The mobile home park is 5.6 miles northwest of Lexington. Emily was a student at Northwest Elementary School.

The Highway Patrol said Luck failed to remain at the scene and charges are pending against her, news reports said. Trooper Brad Suddeth is investigating the accident.

Bicyclist Angalo struck by hit-and-run driver in Cary, NC

Mon, 06 Sep 2010 08:00:00 EST

Gustavo Antonio Angalo was struck by a hit-and-run driver on Saturday, Sept. 4, 2010, while riding his bicycle on Chapel Hill Road in Cary, North Carolina.

A Morrisville, N.C., woman, Kristen Marie Snipes, 26, was arrested Sunday by police in Lancaster, S.C., where she has family, according to Susan Moran, a spokesperson for the Town of Cary. Snipes was charged with felony hit and run, news reports said.

Police said that at about 9:45 p.m. Snipes was driving west on Chapel Hill Road between North Academy Street and North Harrison Avenue when she struck Angalo on his bike from behind. Angalo, 26, of Cary was in fair condition Sunday, according to officials at WakeMed hospital in Raleigh.

Angalo was wearing a helmet, but it came off during the accident, Moran said. She did not know whether Angalo's bike had lights, which are required by law.

Passengers in a car witnessed what happened, stopped to help the victim, and reported the license plate of the car involved, according to Moran.

We commend the witnesses of this incident for quickly rendering assistance to Angalo, possibly saving him from being hit by other vehicles, and for doing their civic duty in reporting what they saw to the police.

This accident is a reminder of how important it is for bicyclists to remember safety rules such as always wearing a helmet and maximizing their visibility.

We wish the victim a speedy and full recovery.

Robert Griffin Previtte Jr. killed in collision in Greensboro, N.C.

Sun, 05 Sep 2010 08:00:00 EST

Robert Griffin Previtte Jr. was killed Saturday, Sept. 4, 2010 when his motorcycle collided with an SUV on Tower Road in Greensboro, North Carolina. The passenger on the motorcycle, Debra Voncannon Smith, suffered critical injuries and was hospitalized at Moses Cone Hospital.

Previtte was driving a 2007 Harley-Davidson east on Tower Road Saturday evening, according to a report in the News & Record. A 1998 Toyota 4-Runner driven by Alexander David Earle was traveling west. At about 6:05 p.m., according to police, Earle attempted to turn left into an apartment complex, when the motorcycle and the Toyota collided.

Previtte was taken to Moses Cone Hospital where he was pronounced dead. Police are continuing to investigate the wreck.

Our sympathy goes out to everyone involved in this terrible and unexpected tragedy on a holiday weekend.

Two seriously injured in crash near Candor, N.C.

Sat, 04 Sep 2010 08:00:00 EST

Two people suffered severe injuries in a collision near Candor, North Carolina, at 9:20 a.m. Wednesday Sept. 1, 2010. A young mother, Amber Phillips, 19, of Star, N.C., was air-lifted to UNC Hospital in Chapel Hill following the crash.

The wreck occurred when a 2000 Ford minivan being driven north on Cole Road by Randall Lamonds, 48, of Biscoe, crossed the center line. According to the Highway Patrol, the van struck the left front of Phillips’ 1979 Chevrolet pickup. Lamonds’ vehicle came to rest in the southbound lane. Phillips’ truck came to rest on the shoulder.

Her 3-month-old son was secure in his car seat and was not injured.

Lamonds was transported by ambulance to FirstHealth Moore Regional Hospital in Pinehurst, according to Trooper Dale Walter, who investigated the accident.

Walter said Phillips was stable at the scene. Lamonds, who was charged with traveling left of center, was in stable condition at FirstHealth, a spokesman said.

The child was taken home by his grandmother.

We can be thankful that this wreck did not result in even worse injuries. Both Phillips and Lamonds were wearing their seat belts, the investigating trooper said, and a secure car seat left the baby unscathed.

N.C. A&T student Jospin Milandu dies after collapsing at track tryout

Thu, 02 Sep 2010 08:00:00 EST

Jospin Milandu, a 20-year-old student at N.C. A&T in Greensboro, North Carolina died Monday, Aug. 16, 2010 after collapsing on the university track during a track team tryout. Milandu, a sophomore from Knightdale, N.C., was taken to Moses Cone Hospital, where doctors determined he died from complications of an elevated heart rate.

A&T said in a news release Tuesday that the tryout violated one NCAA policy and a number of university policies. That was the finding of a committee, which included the chancellor of the school, that was formed to investigate the incident.

Milandu was participating in a voluntary, unscheduled tryout, according to the news release. The university policies were violated “because this activity did not appear on the university’s schedule of athletic events.” The NCAA violation was reported to the NCAA by the school.

“As a result of these policy violations, the university’s ability to respond effectively was limited,” the news release said. It was not indicated what specific policies were violated.

After the death, athletics director Wheeler Brown said that university policy calls for all students trying out for a varsity sport to have a complete physical on file and sign a waiver to participate. No trainer was present during the tryouts, he said.

At this point we don’t know the real cause of this tragic loss of a young life. Even at the high school level and below, athletics demand extreme physical exertion, especially in the intense heat of summer. Competition on a college level requires close and expert supervision.

According to one report, the tryout was supervised. However, the athletics director noted that there was no trainer present. He also mentioned that policy calls for a students to have had a physical. Those comments may indicate a couple of the policies that were broken.

It causes one to wonder whether this young athlete had some kind of medical condition that should have been revealed by a physical, and whether observation or assistance by an athletic trainer could prevented this sad event.

The chancellor of the school, Dr. Harold L. Martin Sr., has instructed the A&T’s athletics director to assume direct responsibility for all compliance matters related to the track program until further notice.

We hope that in any case, further investigation can shed some light on this incident. If changes in the oversight of policy, or the addition of policies can protect students in the future, perhaps other such tragedies can be avoided.

Durham area teens killed in crash near Beaufort, N.C.

Wed, 01 Sep 2010 08:00:00 EST

A terrible, two-car collision between a Honda Accord and an SUV on Saturday, Aug. 28, 2010, on Harkers Island Road near Beaufort, North Carolina, caused the heart-breaking loss of the lives of two teenagers and injuries to six other people:

Miles Moorman, the driver of the 1999 Honda, and passenger Brantley Pearce, both 18 years old, were killed.

Two girls in the back seat – Kristen Michelle Terry, 18, and Kimberly Ann Frey, 17, both of Durham – were severely injured. They were airlifted to Pitt County Memorial Hospital in Greenville. Terry was listed in good condition on Monday; Frey was listed as fair.

The driver of the 1998 SUV, Christopher Yeomans, 45, of Beaufort, his wife Kathy, 49, daughter Caroline Yeomans, 14, and Jaden Fulcher, 14, were injured.

Yeomans, who is a principal at Smyrna Elementary School, and his daughter were treated and released from Carteret General Hospital. Jaden was admitted at Carteret. Kathy Yeomans, who suffered two broken legs, was taken to Pitt Memorial.

Failure to yield to oncoming traffic by Moorman was probably the cause of the crash, according to the Highway Patrol. They reported that Moorman, driving the Honda south on Harkers Island Road 10 miles east of Beaufort, tried to turn left at the “Y” intersection with Straits Road. The Honda was hit almost head-on by Yeomans’ 1998 Chevy SUV, which was towing a boat.

One thing that is so sad to hear is that the two girls in the Honda were not wearing their seat belts. It is likely that their injuries would have been less severe if they had been buckled up.

Something we can learn from this incident is to be extra cautious when driving on vacation. The teenagers were heading back to Durham from a beach trip, traveling unfamiliar roads. A trooper and a fire chief from the nearby community of Otway described the Y intersection where the crash occurred as “tricky,” even though another trooper said he has not seen a wreck there for the past 18 years. But one local resident interviewed on TV said, “That intersection is tricky for us that live around here; you know it’s even worse for somebody who doesn’t know these roads.”

More than 200 people attended a vigil for Pearce and Moorman on Sunday night at Ridgecrest Baptist Church in Durham, according to a report by the News & Observer.

A high school friend described the pair:

“Brantley was that guy who could light anybody up; he was the type of person who would give up the shirt on his back,” she said. “Miles wasn't as loud and crazy … He was very sweet and very loving and would do anything for anybody.”

Cell Control: A Device that Might Keep You from Texting While Driving

Wed, 01 Sep 2010 08:00:00 EST

The urge to text while driving resembles an addiction for some motorists—a scary, life-threatening addiction. Studies are beginning to show that texting while driving is as dangerous—if not more dangerous in some cases—as driving while intoxicated.

Sending and receiving calls while driving is hazardous as well. People of all ages have killed or been killed in automobile accidents that happened because a driver was looking at a cell phone instead of the road.

The safety organization, Crash Prevention Network, might have the answer for some concerned parents or individuals who consider themselves incapable of controlling the urge to text while driving. According to an article from myfox8.com, a device called Cell Control can be installed on a cell phone and will prevent incoming and outgoing calls while a car is in motion. It also alerts a parent if their teen removes the device. Two emergency numbers can be programmed to send and receive calls while the car is moving in addition to 911.

For young people who are still learning about how to operate a motor vehicle responsibly or for folks who know the limits of their self-control, this device might be like a guardian angel.

Go-Cart Ride Ends with 6-Year-Old Admitted to Moses Cone Hospital

Tue, 31 Aug 2010 08:00:00 EST

Young people love to entertain themselves on all kinds of wheels. But how young is too young to operate a motor vehicle? Should minors be legally restricted to pedaling on bicycles, tricycles and other wheels that have fewer speed, handling and safety concerns? Should they be required to take and pass an instructional class on how to handle go-carts, all-terrain vehicles (ATVs), jet skis and the like? Or should adults and parents be permitted to make those judgment calls?

A six-year-old boy was taken to Moses Cone Hospital in Greensboro, North Carolina following a go-cart accident on August 28, 2010. He sustained “a serious gash along his torso,” reports digtriad.com, but luckily, his injuries are not considered life-threatening.

It’s possible that the child would not have been involved in a go-cart wreck if the motor vehicle had not been driven by a ten-year-old boy. The young driver said he lost control of the vehicle as he approached the busy intersection of Yanceyville and Guess Streets. When he could not get the go-cart to stop, he bailed safely but left behind his passenger. We’re just glad the youngster’s injuries are not life-threatening and we hope he recovers soon!

Phillip Cagle of Carthage, N.C., dies from wreck injuries

Thu, 26 Aug 2010 08:00:00 EST

Phillip Cagle of Carthage has died from injuries sustained in a one-vehicle wreck on Monday, Aug. 16, 2010 on Joel Road in Moore County, North Carolina.

According to the N.C. Highway Patrol, Cagle, age 41, was a passenger in a 1988 Ford Bronco driven by Thomas Speer, 23, of Cameron. Trooper J.T. Gaddy reported that Speer was driving north at 5 p.m. when he drove the vehicle off the side of the right side of the road, pulled back onto the road, swerved across the center line and drove off the left side of the road. The vehicle flipped and landed on its roof.

To view the accident report with a diagram of the event, click here.

Both men were taken to FirstHealth Moore Regional Hospital. Speer was treated and released. Cagle was pronounced dead on Thursday, Aug. 19, 2010.

The accident is still under investigation and charges are pending. Our heart goes out to the family of the victim in their time of grief.

West Virginia man fatally injured in wreck in Star, N.C.

Thu, 26 Aug 2010 08:00:00 EST

A West Virginia man, Andrew Justin Zickasoose, was fatally injured Friday, Aug. 20, 2010, after a one-vehicle wreck on U.S. 220 north of Star, in Montgomery County, North Carolina.

Zickasoose, age 22, of Oak Hill, W.Va., was a passenger in a 1999 Ford driven by Joshua Stover, 22, N. Myrtle Beach, South Carolina.

Although we can’t tell for certain, this accident has some of the earmarks of being a sleep-related crash, particularly because of the time at which it occurred.

According to the N.C. Highway Patrol, Stover was driving north around 4:30 a.m. on U.S. 220 when he began to run off the road to the right. Stover lost control of the vehicle, which collided with the guardrail and flipped several times, Trooper H.W. Hicks III reported.

Zickasoose was ejected from the vehicle. He was later taken to Baptist Hospital in Winston-Salem, North Carolina where he was pronounced dead.

Stover was taken to Randolph Hospital in Asheboro where he was treated and released. He was charged with reckless driving and failure to wear a seat belt.

As we said, drowsy driving suggests itself as a possible cause of this crash. Such crashes occur more often between the hours of midnight and 6 a.m. Other common factors include:

a single vehicle running off the roadway
occurring on higher-speed roadways
to resulting in serious injuries
to involve a young, male driver
driving a long distance

No matter what the cause of this tragic event, we can take a moment to remind ourselves of one hazard of driving in the early morning hours. Our thoughts and prayers are with the family of the victim in their time of mourning.

Nine Cars Wreck on I-85 Over Yadkin River Bridge

Fri, 20 Aug 2010 08:00:00 EST

This morning, August 19, 2010, central North Carolina experienced widespread, often heavy rainfall. Everyone knows that slick, wet roads are more hazardous than they are when dry—especially when there’s flash flooding involved—but not everyone realizes that they can avoid getting in nasty rear-end collisions and multiple car pile ups even when driving in heavy downpours if they practice this simple rule: Don’t Follow Too Close!

Clearly there was a case of following too close on Interstate 85 in Davidson County, NC during this morning’s commute. As traffic in the southbound lane slowed due to the hazardous driving conditions, a tour bus failed to stop in time to avoid hitting the car ahead. If the tour bus had been following far enough away so that he could’ve stopped for a brick wall, the accident would have been avoided—rain or no rain! Motorists should adjust their driving based on the road conditions and always keep in mind that if they could not stop for a brick wall, they could not stop for the cars in front of them.

Nine vehicles including the tour bus were in the collision on I-85 South this morning. One came to a stop balanced on a guard rail, and could have fallen off the bridge if it had been hit at a higher speed. Six people were injured but—miraculously—none of the injuries are considered life-threatening! Traffic was backed up and re-routed for hours.

Can you believe this entire ordeal could have been avoided? Believe it, and DON’T FOLLOW TOO CLOSE!

Car Crash Kills Wingate University Freshman at Monroe, NC Intersection

Wed, 18 Aug 2010 08:00:00 EST

Is it possible that North Carolina’s public highways aren’t being made safe enough for the taxpayers who use them? What qualifies an intersection for more safety features than another? Does it take a fatal accident to prove the dangers of an intersection?

Legislators and officials at the NC Department of Transportation should ask themselves these questions as they consider the case of four incoming freshmen at Wingate University in North Carolina.

On the morning of Saturday, August 14, 2010, Arielle Parker, 18 of Greensboro, North Carolina, was in an automobile accident at an intersection that has been considered unsafe by local residents for many years. Tragically, both she and driver Mishawn Miller, 18, of Fayetteville, were killed instantly when Miller failed to stop his Saturn sedan at the intersection of Old Pageland Monroe and White Store roads and was struck by a grain truck.

No charges have been filed against the driver of the grain truck. According to the official accident report, he was travelling at the posted speed limit of 45 mph and simply did not see Miller’s Saturn until it was too late. If this is true, perhaps the state of North Carolina is liable for the injuries and deaths associated with this accident.

It’s possible that the fatal collision could have been avoided if the NC D.O.T. had made sure that the intersection was clearly marked. Local residents say that more warning signs are needed to alert motorists to the presence of the intersection and suggest rumble strips, additional stop signs or a stoplight would make the intersection safer.

Our sincere concern goes out to the survivors and their families, as well as the loved ones and many friends that Arielle Parker and Mishawn Miller have left behind. I hope that the NC Department of Transportation will consider the potential hazards of this particular intersection in order to insure motorists’ safety in the future.

Accident Neck Injury Greene and Bellemeade 8/16/10 1:00PM

Mon, 16 Aug 2010 08:00:00 EST

We don't yet know who was involved, but an individual was seen being removed from a vehicle and placed into spine stabilization with a neck collar on at the intersection of Greene St. and Bellemeade St. in Greensboro NC on 8/16/10 around 1:00 PM.

Here are some photos of the scene. We will update as more information becomes available.

Motorcycle rider Michael Lewis killed in collision near Sophia, N.C.

Thu, 12 Aug 2010 08:00:00 EST

Michael Carroll Lewis of Sophia was riding his motorcycle west on Mount Gilead Church Road near the Hillsville Community in Randolph County, North Carolina, when he was struck by a Ford Explorer. The fatal accident occurred near Lewis’s home on Wednesday, August 4, 2010, around 5 p.m. at the intersection of Level Plains Road.

The Ford SUV was driven by Kasie Baker, 17, of Trinity. According to the report by the Highway Patrol, the Explorer pulled into the intersection and struck the motorcycle in the front wheel. The Ford was traveling 15 mph at the time of impact; the motorcycle, which had the right of way, was going 45. The speed limit on both roads is 55 mph. Lewis was wearing a DOT-approved helmet.

Click here to view the Highway Patrol report.

Baker and her passenger were not seriously injured. She was charged with failure to yield and misdemeanor death by motor vehicle.

Lewis, age 57, leaves behind a wife, three children, and seven grandchildren. Our heart goes out to the family in their time of mourning.

Jeffrey Beck Dies After Ford Explorer Overturns in Trinity, NC

Tue, 10 Aug 2010 08:00:00 EST

Jeffrey Wayne Beck of Thomasville, North Carolina was the unlucky passenger in an automobile accident near Trinity that resulted in his death on August 7, 2010.

Teresa Lynn Lequire, also of Thomasville, was negligent while driving Mr. Beckís Ford Explorer SUV. According the accident report, Ms. Lequire ran off the road to the right and struck a street sign after going through a ditch. The Ford Explorer overturnedóas they are notorious for doingóand hit a fire hydrant before finally coming to a stop. Sadly, Mr. Beck was ejected from the Ford Explorer during the rollover.

Ford Explorers frequently overturn due to top-heaviness and their alleged poor design. In fact, numerous lawsuits have been brought against Ford Motor Company because of the dangers of these SUVs. One woman brought a lawsuit against Ford and was awarded $82.6 million in damages after an accident in a Ford Explorer that left her paralyzed. Perhaps if Ms. Lequire had not been driving a Ford Explorer, the tragic outcome of this accident would have been different.

Seasoned Road Biker, Albert Arnott, Killed in Crash in Mocksville, NC

Mon, 09 Aug 2010 08:00:00 EST

Albert Arnott, 60, of Arizona had just completed a tour from Los Angeles to New York on his recumbent bicycle. He was travelling through North Carolina on his way back home to Pheonix, Arizona when he was struck by a pickup truck outside of Mocksville on U.S 601.

According to Highway Patrolman Sergeant Rich Allred said that investigators learned that the accident killed Arnott instantly. A witness claimed that the bike was “just mangled,” in an article on myfox8.com.

The recumbent bike is situated low to the ground. Apparently, the driver who struck Arnott did not see him until he hit him. Both vehicles were travelling around a curve in the highway going the same direction. It’s not suspected that the driver was speeding, but the accident report claims that he “failed to reduce speed” in order to avoid the collision. Arnott’s bicycle overturned several times and rolled down an embankment before coming to rest in a field across the road. Investigations are continuing - view the accident report here.

Arnott, a seasoned cyclist, is still an inspiration after his tragic death. He was injured two decades ago while doing landscaping and did not have full use of his legs. He was in a full-body cast and moved around confined to a wheelchair for two years. His recovery was a true demonstration of physical and mental determination. I am saddened to hear of his untimely death but I know that he had a accomplished a great feat with his final ride.

Man killed while riding moped

Fri, 06 Aug 2010 08:00:00 EST

Victor Cruz-Orozco, 35, was riding a moped early Sunday, August 1, 2010, when he was struck by an SUV at the intersection of West Florida and Hardie streets in Greensboro, North Carolina.

Cruz-Orozco died later at Moses Cone hospital from injuries sustained in the accident.

Laree Michelle Johnson was arrested Tuesday and charged with felony death by motor vehicle and driving while impaired.

Cruz-Orozco was riding the moped west on West Florida Street when he was struck shortly after 2 a.m. Johnson, age 34, had been traveling east in her 1999 Honda Passport, and was trying to turn left from West Florida onto Hardie Street. According to the police report she allegedly failed to yield to the moped. The police diagram suggests that the victim was thrown across the SUV and landed on the other side.

Johnson, who was not injured, is also charged with failing to yield the right-of-way causing serious injury, and driving without a license.

Fatal accidents are always heartbreaking, and alleged alcohol use makes this one even more tragic and senseless. Our heart goes out to the family of the victim in their time of grief.

Driver Falls Asleep, Causes Automobile Accident, Injures 2 on Greensboro's Urban Loop

Thu, 05 Aug 2010 08:00:00 EST

Myles Turner, 26, was driving with passenger Lauren Fannin, 22, both from Stokesdale, North Carolina when he fell asleep at the wheel of his Chevy truck on Greensboro’s Urban Loop near Hilltop Road on August 1, 2010. The young people are lucky to be alive.

Turner dozed off and crossed the median. His truck flipped several times. Both Turner and his passenger were transported to Moses Cone Hospital with serious injuries.

I’m sure the families and friends of the victims are relieved that the accident did not end in death. The type of injuries the young people received has not been disclosed, but we hope that they will be treatable and that the recovery process will be swift for them both.

One Death, One Serious Injury When Motorist Strikes Two Bicyclists in Stokes County, North Carolina

Wed, 04 Aug 2010 08:00:00 EST

Two cyclists were struck by a motor vehicle in an accident on Trinity Church Road in Stokes County, North Carolina during the morning of Friday, July 27, 2010. The collision resulted in the death of one—Donald Sunday, 62,—and serious injury of another—Barry Leonard, 49.

Sgt. H.K. Feinberg said the cyclists were on the right side of the road and riding single file. The woman who hit them, Linda Sink, claims that they were riding side by side on a shaded portion of the road. Whatever the case, according to the NC Department of Transportation, “there is no law requiring bicyclists to ride single file, nor is there a law that gives cyclists the right to ride two or more abreast.”

So it’s important that motorists remember to share the road with folks riding bicycles. Regardless of the law—or lack thereof—motorists should remain ever vigilant for the unexpected that might be around the corner.

Michael Jackson, Painkillers, and Injury Victims: A Cautionary Tale

Thu, 29 Jul 2010 08:00:00 EST

Reports are emerging that Michael Jackson’s death may have involved overuse of prescription painkillers such as Demerol. It was widely reported that Michael first became addicted to prescription drugs in the 1990s while recovering from a painful burn he experienced during the filming of a Pepsi ad.

TMZ.com is reporting that Jackson family members and others have been worried for quite some time that Michael was unable to perform as a result of drug use. TMZ also reports that police are trying to locate the physician who administered an injection containing Demerol to Jackson shortly before his death.

Sadly, I’m not surprised. Our firm has represented accident victims for many years. Often people who have suffered painful injuries are prescribed highly addictive medications. Most of the time physicians and medical staff carefully monitor their patients’ use of painkillers.

Sometimes, however, highly addictive drugs are prescribed and not closely monitored. When this happens injury victims with no history of illicit drug use can find themselves powerfully hooked on prescription drugs.

The National Institute on Drug Abuse (NIDA) recently released a survey showing a 23% decline in illicit drug use over the last five years. However, the report shows that abuse of prescription drugs is on the increase.

We encourage our seriously injured clients and their families to stay informed about medications they receive. We also recommend that they closely question their doctors and pharmacists about the potential side effects -- including risk of addiction -- of any medication they are prescribed.

Recalled DeWalt Nailers Could Cause Serious Injury

Thu, 29 Jul 2010 08:00:00 EST

The U.S. Consumer Product Safety Commission (CPSC), is recalling DeWALT FRAMING NAILERS because the bump action trigger might be improperly assembled. An affected tool could eject a fastener unexpectedly or cause the trigger lock-off to fail causing serious injury.

The recall involves the Clipped Head Framing Nailer (model D51825) and the Full Round Head Framing Nailer (model D51850). The affected products were sold by distributors and retailers from January 2008 through September 2008.

Consumers are asked to stop using the recalled nailers immediately to avoid risk of injury.

Consumer Contact: Contact DeWalt at (877) 437-7181 between 8 a.m. and 5 p.m. ET Monday through Friday, for instructions on obtaining a replacement bump action trigger.

Nationwide Crackdown on Drunken Boating

Thu, 29 Jul 2010 08:00:00 EST

Coast Guard, Wildlife officials, ABC officers and others are out this weekend cracking down on drunken boaters throughout North Carolina and the rest of the nation. Operation Dry Water is “a coordinated, national weekend of Boating Under the Influence detection and enforcement to reduce the number of alcohol-related accidents and fatalities.”

According to the Coast Guard the percentage of boating fatalities resulting from alcohol use is on the rise. Coast Guard statistics show that in 1987, 21% of all boating fatalities were alcohol-related.

It is illegal to operate a boat with a blood alcohol level of .08 % or more. Penalties could include a fine and/or jail time. Consequences of an accident could be death or catastrophic injury.

Following To0 Close - Part 1: Tractor-Trailer Rams into Standstill Traffic in Miami, Oklahoma - Nine People Killed

Thu, 29 Jul 2010 08:00:00 EST

Almost every day you will see a news account of an accident resulting in death or serious injury caused by one or more motorists following too close. In the years that I have been doing auto-injury cases since 1956, I would estimate that half of all the cases I have handled were caused by motorists following too close (FTC).

Other Plaintiff lawyers that I have talked with are in agreement that following too close (FTC) is the single leading cause of motor vehicle accidents, The problem seems to be getting worse with the new distraction of cell phones and now text messaging.

AND IT IS ALL SO PREVENTABLE, but also so PREDICTABLE. Drivers that routinely FTC will ultimately be the cause of a rear end collision. It is the aim of this entry and those that follow to encourage the reader to learn the RULES OF THE ROAD with regard to following vehicles and to strictly adhere to such RULES.

It should be the goal of the motoring public to shoot for ZERO TOLERANCE to the dangerous and deadly practice of following too close (FTC).

to be continued

NC State Linebacker Early Morning Car Accident a Reminder to Stay Well Rested When You Travel

Thu, 29 Jul 2010 08:00:00 EST

NC State junior linebacker Nate Irving suffered a broken leg and collapsed lung after a single car accident early Sunday morning. According to the Associated Press and ESPN his car ran off the road at after 4:00 a.m. because of fatigue.

State Highway Patrol spokesman Capt. Everett Clendenin said the one-vehicle wreck occurred about 4:40 a.m. Sunday on Interstate 40 in western Johnston County. He said Irving's vehicle ran off the road twice before striking two trees.

Clendenin said troopers believe Irving may have fallen asleep at the wheel.

This tragic, yet thankfully not fatal, accident is a strong reminder not to drive without getting enough sleep. Driving when drowsy is just as dangerous as driving drunk. According to Safety.com driving while tired causes over 100,000 car accidents each year.

So, next time you get in the car make sure you have had enough sleep. If you start to feel tired, you should find a place to stop and take a nap for at least 20 minutes. It may seem silly or inconvenient, but it could save your life.

Another DWS (Driving While Sleepy) Accident?

Thu, 29 Jul 2010 08:00:00 EST

Because of the confluence of many major interstates and highways in the Piedmont Triad area, our firm sees many cases where driver fatigue plays a part in an accident. Today's accident on U.S. 29 may be another instance of driving while sleepy.

The News & Record is reporting that the driver of the Toyota Landcruiser which crashed on U.S. 29 told troopers he fell asleep while driving. An eighteen year old young man who was a passenger in the vehicle sustained life-threatening injuries when the Landcruiser rolled over multiple times. The driver and another passenger are reported to have sustained minor injuries.

The three young people were traveling from Ohio to attend a soccer tournament in which the driver's brother was participating. According to the responding trooper, the driver said they had been on the road all night and he fell asleep.

Sadly the trio were less than one mile from their destination -- Greensboro's Bryan Park.

This report comes just a day after N.C. State linebacker Nate Irving was seriously injured in a one-car crash in which he may have fallen asleep while driving.

Company Expands Beef Recall - Withholds Key Information From Public

Thu, 29 Jul 2010 08:00:00 EST

The mixed-up priorities of so many corporate stuffed suits can be astounding!

CNN is reporting the expansion of a recall by JBS Swift Beef Company of Greeley Colorado. The initial recall last week involved about 41,000 lbs of beef possibly contaminated with E. coli. Yesterday the recall was extended to another 380,000 lbs of beef. The affected beef was distributed within the United States and internationally.

The original recall grew out of an "investigation into 24 illnesses in multiple states, of which at least 18 appear to be associated," according to a statement from the USDA.

The USDA statement identifies the establishment number and date stamp for the recalled products. However, as the statement makes clear, this information is of little value to consumers because "these products were sent to establishments and retail stores nationwide for further processing and will likely not bear the establishment number . . . on products available for direct consumer purchase."

What's outrageous is JBS' failure to publicly disclose the names of the companies that bought the recalled meat. Rather, JBS says it will notify these companies by phone.

That's simply not acceptable! When the public health is involved, we as consumers should be immediately informed about which companies purchased the recalled beef and what products may contain recalled beef.

In the absence of a clear statement about which products may contain recalled beef how can I know that any beef product I serve my family is safe?

Young Girl's Swimming Death Reminds Us to Maintain Vigilance at the Pool

Thu, 29 Jul 2010 08:00:00 EST

The girl pronounced dead after being found unconscious at a public pool Friday June 26^th in Winston Salem was just six years old. She was supposed to be under the watch of 2 adults and 8 lifeguards. How is it then that she died?

It used to be that when kids went swimming, they had a buddy. You always swam in pairs. If something happened, your buddy would find help. Did anyone instruct these kids on pool safety? Did anyone instruct these adults? How long was this poor girl in need of assistance before anyone noticed? Her mother told Fox 8 News:

"Some swimmer saw her on the bottom of the pool and went down to get help…(They) don't know how long she was down there."

Her father questioned this as well speaking to another local news station:

"There should have been more supervision," Britton said. "For her to be in 12 feet [end of the pool], something was wrong."

Kids need to be able to understand how to react to situations like these, and adults that are supposed to be monitoring their safety need to be trained and certified.

Many daily situations could be life threatening, but being aware of risk and having measures in place to reduce liability and promote safety should be the norm. It is a terrible tragedy that this child died, and it is our responsibility to find out what factors were responsible. Once armed with that knowledge, we will be better equipped to make sure that accidents like these don’t happen again.

What's Worse Than Drunk Driving? Driving While TEXTING

Thu, 29 Jul 2010 08:00:00 EST

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.

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

"Booze It & Lose It: Operation Firecracker" Turns Up Nearly 1,300 DWI Citations in North Carolina

Tue, 27 Jul 2010 08:00:00 EST

Officers cited a total of 1,291 people for driving while impaired, according to an article on digtriad.com. The campaign included at least 4,609 sobriety checkpoints. Taking the podium for the most citations handed out were Mecklenburg (87), Wake (77) and New Hanover (65) counties.

In addition to the DWI citations, cops issued a whopping 49,235 traffic and criminal citations. These included 4,305 safety belt and 738 child passenger safety violations. Another 14,641 speeding citations were issued.

These numbers add up to a lot of unnecessary risks taken and a lot of important lessons (hopefully) learned. Fines might be a financial burden, but consider the potential of more dire consequences from driving while impaired, failure to wear proper restrains and speeding! In fact, in North Carolina in 2005, 36 percent of traffic fatalities involved drivers under the influence of alcohol. Imagine if they’d simply made the responsible decision and designated a sober driver!