Charlotte Personal Injury Lawyer

Law Gone to the Dogs

Michael Chandler — Mon, 12 May 2008 14:14:12 GMT

Our firm fields calls everyday from injury victims as well as concerned citizens about "dangerous dogs". Most jurisdictions have laws which regulate dogs that have been classified as "dangerous". The problem is local officials often do nothing to enforce these laws.

The result is dogs that attack, bite and injure are often returned to the owner for the same nightmare to occur time after time to others. In recent years dog attacks have received increased media attention. Often public scrutiny can put pressure on localities to enforce laws designed to protect the public.

If you are concerned about your public safety you need to make sure any and all incidents involving aggressive dogs are reported to the local animal control authorities. This includes dog on dog attacks, dog attacks that do not produce injury and even loose or unattended dogs. In addition if an injury does occur from a dog attack, consult with an attorney to see if you have legal rights that need protecting.

Originally posted at InjuryBoard by Michael Chandler

Child Safety Seats Save Lives in Deadly North Carolina Car Accident

Chandler Chandler — Mon, 14 Apr 2008 15:55:20 GMT

The Charlotte Observer reported today that three women died in a horrific car accident on Interstate 85 in Greensboro, North Carolina on Saturday morning. The accident has devastated a family. The only thread of hope is the survival of a set of twins who will turn 3 in May. The children survived because they were properly strapped into child safety seats. "The fact that they survived is nothing short of a miracle, they are definitely testaments to child-safety seats" said N.C. Highway Patrol Sgt. C.A. Webb.

According to the Centers for Disease Control, traffic crashes are the number one killer of young children. Last year, 2,542 children ages 15 and younger died in car crashes; another 294,000 were injured. National Highway Traffic Safety Administration (NHTSA) statistics show nearly half of the deaths and injuries occurred because the children were not properly restrained.

Under North Carolina Law a properly used child restraint device (CRD) is required if the child is less than 8 years old AND weighs less than 80 pounds. Most parents and other care givers will be able to comply by using belt-positioning booster seats for children between 40 and 80 pounds. The child must be within the weight range for the child restraint/booster seat and it must meet Federal standards in effect at time of manufacture.

Originally posted at InjuryBoard by Chandler Chandler

North Carolina Car Accident Highlights need Seat Belt Usage

Michael Chandler — Wed, 26 Mar 2008 09:28:42 GMT

The North Carolina Highway Patrol is investigating an automobile accident this morning. The accident occurred on I-485 in Charlotte where 7 people were hospitalized with injuries including an infant. The Charlotte Observer reports all of the injured were ejected from the vehicle with the exception of the infant who was in a car seat.

This type of accident highlights the importance of wearing seatbelts to avoid the risk of death and serious personal injury. Published reports show people who are ejected form the vehicle are 25% more likely to be killed in an accident. In addition, according to the National Highway Transportation Safety Administration (NHTSA), lap-shoulder belt systems reduce the risk of fatality and serious injury by 50% for drivers and passengers. Despite efforts to publicize the need for seatbelt use millions of Americans take to the roads each day without wearing seat belts and the results can be catastrophic

Originally posted at InjuryBoard by Michael Chandler

High School Student Dies After Car Accident

Jenny Albano — Sun, 23 Mar 2008 19:17:05 GMT

A student from West Mecklenburg High School in Charlotte, North Carolina died in a car accident on Mount Holly Road on Friday, March 21.

Alicia Davis, 17, was in the backseat of a Nissan 300zx, when the accident occurred. The driver, 20-year-old Jack Smith Jr., was trying to pass another vehicle when he lost control of the car and crossed into oncoming traffic. Once this occurred the Nissan slammed into an oncoming truck.

Smith was listed in critical condition Saturday morning. The driver of the truck, 49-year-old David Sutton, is listed in fair condition.

Originally posted at InjuryBoard by Jenny Albano

'An Insurance Company's Dream'

Michael Chandler — Mon, 25 Feb 2008 14:48:02 GMT

The title of this article is how a Winston-Salem; North Carolina personal injury attorney describes the archaic law of contributory negligence. The comment arises in a Winston-Salem Journal article describing the injustice to 7-year-old Luly Beckles-Palomares who was riding her bike in a quiet residential neighborhood when she was struck and killed by a drunk driver who had already beaten 3 previous drunk driving charges.

The law of contributory negligence is alive and well in North Carolina as it is in 3 other states and the District of Columbia. In a nutshell the law precludes recovery for injuries and damages for the negligence of others provided the victim contributed in anyway to the injury. That means if a defendant in a civil case is determined to be 99% at fault and the victim is determined to be 1% at fault the victim is totally bared from recovery. There are some exceptions such as intentional negligence, willful and wanton conduct and last clear chance but for the most part the doctrine acts as a total bar to recovery.

Because the law is so harsh most states have come into the modern era and replaced contributory negligence with a form of comparative negligence where the amount the victim can recover is based on the percentage of the defendant's liability. In North Carolina both the Appellate Courts and the legislature have looked the other way while the insurance industry has employed armies of lobbyists and lawyers to insure the systems remain in place. When a change of the law is proposed, the insurance company lobby will not even discuss the issue without demanding a slew of concessions to slant another area of tort law in their favor.

In North Carolina and other states that hold on to this ancient and outdated law, it is time for a change and the change should not require the citizens to give up one right for another. If you live in a contributory negligence state (North Carolina, Alabama, Maryland, Virginia or the District of Columbia) write your elected officials and demand a change. If you do not do it for yourself, do it for the hundreds of victims like Luly who are victimized each year by this hard cold law.

Originally posted at InjuryBoard by Michael Chandler

As Workplace Inspections Decrease, Workplace Danger Increases

Michael Chandler — Fri, 15 Feb 2008 15:28:20 GMT

"Poultry processors face few consequences when they ignore hazards that can kill and injure workers" begins a Charlotte Observer article in a series dealing with the dangers faced by poultry workers in North Carolina. The series of in-depth articles reveals the high price that is frequently paid by North Carolina poultry workers while the very people that are suppose to protect those worker's seemingly turn a blind eye to their plight.

The Occupational Safety and Health Administration (OSHA) reports safety in poultry plants is at a all time high despite the fact safety inspections are at an all time low, fines for serious violations have been decreased and OSHA has not fined a poultry processor for hazards likely to cause carpal tunnel syndrome, tendinitis and other musculoskeletal disorders (MSDs) in over a decade. OSHA says the plants are safer and points to a decade of declining injury rates.

In reality, the injury statistics are not accurate because OSHA has made easier for companies to hide injuries. Many employers strongly discourage their employees from reporting injuries and OSHA's lack of oversight makes it easier for this practice to continue. Many of the workers are Hispanic and are often intimidated into not bringing claims.

Originally posted at InjuryBoard by Michael Chandler

North Carolina Child Seriously Injured in Dog Attack

Michael Chandler — Thu, 07 Feb 2008 13:03:08 GMT

The Charlotte Observer is reporting a 6-year-old North Carolina boy was seriously injured on Wednesday after a Rottweiler bit him while his family visited a neighbor's house. The boy is recovering after hours of surgery at Northeast Medical Center in Concord, North Carolina.

Under North Carolina law the owner of a dog and possibly the owner of the property, where a dog is being boarded, can be liable for injuries caused by the animal. A common misconception is a dog gets "one free bite" before the owner can be held liable. Under North Carolina law the owner or boarder of a dangerous dog can be liable is the dog is of a breed that the owner should know exhibits dangerous or aggressive behavior. The Rottweiler breed would fall under this category. According to data issued from the American Veterinary Medical Association (AVMA), during the 1990s, Rottweilers replaced pit bulls as the deadliest dog in the United States, killing more than 33 persons between 1991 and 1998.

Originally posted at InjuryBoard by Michael Chandler

Speed Causes Cornelius North Carolina Car Accident

Michael Chandler — Thu, 31 Jan 2008 10:38:43 GMT

According to a police report released on Wednesday, speed was the primary contributing factor in a two vehicle car accident that killed two motorists and injured two others. The accident has received a lot of media attention because two sons of well known drag racer Doug Herbert were killed in the collision. The accident took place on Jetton Road in Cornelius just north of Charlotte, North Carolina. According to Cornelius Police, of 294 speeding citations issued 128 were given on Jetton Road.

According to the report Herbert's son, who was driving one of the vehicles, was traveling 80 mph in a 45 mph zone when he lost control of his Mazda and started spinning counterclockwise across four lanes of traffic. After traveling over 220 feet the Mazda slammed into a Hummer going the opposite direction on Jetton Road. The impact killed both occupants of the Mazda and sent the two occupants of the Hummer to the hospital with injuries.

The accident just highlights what many in law enforcement encounter everyday: Speed kills. According to the U.S. Department of Transportation, over 41,000 individuals are killed in car crashes each year.

Originally posted at InjuryBoard by Michael Chandler

North Carolina High Court Issues Ruling to Protect Consumers

Michael Chandler — Fri, 25 Jan 2008 15:29:13 GMT

The North Carolina Supreme Court decided an important case in favor of North Carolina consumers earlier today. In the case of Tillman v. Commercial Credit Loans, et. al., the Court determined an arbitration clause in a consumer loan agreement was unconscionable; paving the way for the plaintiff and others like her to bring their claims in court.

In reaching its decision, the Court determined the CitiFinancial arbitration clause exposed consumers to unreasonably high costs making it financially unfeasible to even bring the claim. This was especially true for the plaintiff in this case and many like her who have limited means and find they are taken advantage of by these types of loan agreements. The Court also found the arbitration clause was one sided, it prohibited the joinder of claims and excluded class actions.

Now hundreds if not thousands of North Carolina residents who are victimized by oppressive loan agreements will now have access to justice. Without having to incur excessively high arbitration costs and with the ability to join claims and gain class action status, consumers will more easily be able to find North Carolina consumer attorneys who are able to bring claims on smaller cases which before were economically unfeasible. Today was truly a good day for consumers across the state of North Carolina.

Originally posted at InjuryBoard by Michael Chandler

One Killed and Others Injured in North Carolina Car Accident

Michael Chandler — Mon, 21 Jan 2008 09:08:40 GMT

According to the North Carolina Highway Patrol, one passenger was killed and two others were seriously injured when a car lost control and veered off a North Carolina Interstate Sunday afternoon.

The car accident occurred on Interstate 77 North of Charlotte. One of the injured victims, Emily Peralta, 61, who was in intensive care at Carolinas Medical Center late Sunday while another injury victim, Gloria Bristol, 59, was in critical condition at Wake Forest University Medical Center in Winston-Salem, North Carolina. The driver of the vehicle Francisco Peralta, 70, is recovering with non-life threatening injuries.

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

Originally posted at InjuryBoard by Michael Chandler