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profile_herbA North Carolina teen was killed when the pickup he was in crashed. Everything he was doing was legal—but that doesn’t make it safe.

SUPPLY, NC – JUST because something is legal doesn’t mean it’s safe, a lesson shown all too clearly in the recent death of a teen riding in the back of a pickup truck. The teen died in what could have been a minor accident if everyone was in the vehicle and buckled up.

“It’s a tragedy and it’s more common than people think,” said Herb Auger, a car accident lawyer with Auger & Auger law firm. “Even at low speeds, riding in the back of the truck is a lot more dangerous in an accident.”

Tyrus Johnston was only 17, a student at West Brunswick High according to TWC News (retrieved 10.30.2014). He and seven friends were riding in the back of the truck on Hidden Beach Road when the vehicle struck an embankment. The other teens survived with injuries.

“You have no kind of safety restraint back there,” said Auger. “When you hit something you’re thrown forward. You can hit your head on the cab, shatter through the rear window or even be thrown over the front. It’s the worst place to be in an accident.”

Auger pointed out that no alcohol or drug use is suspected in the accident and that all laws were being followed.

“In North Carolina it’s legal to ride in the back if you’re over 16 and all these kids were,” he said. “This is a situation where something extremely unsafe is allowed by law.”

There has been discussion of changing the law to forbid passengers in a pickup bed, but Auger says that wouldn’t necessarily solve the problem.

“It’s a part of the culture around here and it would be difficult to enforce. I think it’s more important to educate people so they can make the right choice to protect themselves.”

About Herb Auger:

Herbert W. Auger, Esquire is a Charlotte car accident lawyer with over 20 years of experience helping victims of auto accidents receive fair compensation. A founder of Auger & Auger law firm, Herb Auger believes in an aggressive results-oriented approach that maximizes the awards his clients receive. He can be contacted at:

Auger & Auger
717 S. Torrence Street
Suite 101
Charlotte, NC 28204
704-364-3361
www.augerlaw.com

ConstructionAccidents on construction sites are on the rise. Unfortunately, immigrants may be most in danger. But why?

In at least one area of the United States, the elevated death rate among construction workers is thought to be at least somewhat connected to the rise in immigration. This can be attributed to the fact that, in many sections of the country, the bulk of workers on any given product may be made up of immigrants.

Scaffolding collapses, falls, and other construction accidents are occurring at higher rates today than ever before. In New York City, 74% of the victims of these fatal accidents were either Latino citizens or immigrants of Latino origin. It should be common sense that people are not prone to accidents or death simply because of their ethnicity. Why, then, is the rate of fatalities so disproportionately skewed towards Latinos?

It is widely recognized that immigrant workers are more likely to work for contractors who fail to maintain adequate workplace conditions. This may be attributed to a lack of English language skills, a lack of knowledge with regards to safety standards, or simply desperation to make money legally in any way possible.

The number of immigrants who are construction workers will vary from state to state and job site to job site. No matter how these workers are dispersed, one thing cannot be denied: Latino citizens and immigrant workers are at a higher risk of injury and death in the construction industry.

Another contributor to these accidents may be reluctance on the part of immigrants to report safety violations that they are well aware of. Rather than lose their jobs, or even a day’s wages, these workers muddle through, hoping to not fall victim to greedy contractors who care nothing of worker safety.

Examples from New York City alone:

  • A worker pouring concrete was crushed when the building’s fourth floor collapsed.
  • A worker removing pipe from storage fell when the warehouse suddenly shifted.
  • A worker on a ladder touched a live electrical wire and fell 92 feet to the ground.

Each of these accidents could have been attributed to worker neglect but, upon researching the events, authorities located numerous workplace safety violations at each site. Had these violations been reported, the lives of these three men could have potentially been saved.

Regardless of your citizenship, if you or a loved one has been hurt or killed in a construction accident, we want to help. Contact the law office of Auger & Auger as soon as possible to begin discussing your case. Legal immigrants are entitled to protection under the law, as are those people traveling or working on a visa. Do not assume that you are not entitled to compensation for injury or loss. Contact our offices today to begin the process of getting what you are legally entitled to.

Police are not releasing details of an accident that involved one of their officers. The name of the officer, the driver of the other vehicle involved in the accident or any information on how the accident occurred have not been released by the department in regards to the incident Sunday. Police are still investigating the incident and according to local news sources the officer sustained injuries to his elbow and knee. No information on the other driver’s condition was available. The second driver was charged with unsafe movement.

When these accidents happen that is when the services of professionals, like the Personal Injury specialists of Auger & Auger, Attorneys at Law, are needed. With a policy of aggressive representation for victims of personal injury, a focus on high quality, state wide service and excellence, the attorneys of Auger & Auger are here for you. We understand that each person is different and we will personalize their services for you as we listen to your situation. So if you have been injured, contact the attorneys of Auger & Auger today for your free consultation. There are no any fees until we successfully obtain a settlement on your behalf.

 

Night FerryWhen driving a car at night, lanes are marked and you know that you and every car around you is limited by the road they’re driving on. You can see headlights from oncoming and following cars, the taillights of cars in front of you, and everyone is required to wear a seatbelt and drive the speed limit.

While boating at night, you lose every one of the aforementioned advantages: it is very difficult, if not impossible to see where you are going, you will likely not see objects on or just below the surface, lights from other boats may or may not be visible, you don’t know where other boats may be travelling and in what direction, you may not know where to look for head/taillights, and you aren’t required to wear a seatbelt or drive at any particular speed. The only thing protection you have is the vastness of the waters you’re on and laws preventing boating under the influence of alcohol or drugs (BUI).

This past 4th of July, the dangers may have been overlooked, and a boat collision affected 22 passengers, killing 4 and injuring others.  Following a fireworks display off Dinner Key Marina in Florida, a boat traveling at a high rate of speed collided with 2 other boats.

“This is probably the worst accident I’ve seen in my 11 years,” said Wildlife Conservation Commission official Jorge Pino.  Investigators speculate that the boat was racing back to shore to beat the heavy traffic of boats that would be returning to the marina following the fireworks display.

When officers arrived on scene, they witnessed 1 boat travelling at high speeds continuing to go in circles without a driver. Captain Burt Korpela of Atlantis Marine Towing and Salvage pulled up beside the boat and hopped on the driverless boat to bring it to a stop.

Pino said that there although there is no speed limit, there are statutes that define “too fast for conditions,“ but it is unclear whether or not speed played a part in the accident.

Also, toxicity reports have not been released for the accident yet, so it is still unclear whether or not any of the drivers was under the influence of drugs or alcohol, but alcohol was found on the boat responsible for the crash.

Compared to driving down the road, boating is an extremely safe activity, and very few people are harmed in boating accidents when they occur, but driving at night creates a plethora of problems, from propeller related injuries to boat collisions. Take care and pay extra attention when driving at night, for the sake of you and your passengers.

If you or a loved one has been injured in a boating accident, call Auger & Auger for a free consultation.

Joan Rivers by David Shankbone NYC 2010Risky procedure. It’s a phrase that we see all too often in the cases of poor medical outcomes. We have seen the phrase more in recent news in the wake of Joan Rivers’ death. Yes, any time a person is placed under anesthesia, there is a risk. But isn’t medical technology advanced enough to minimize that risk in today’s day and age?

There is always a chance of having an allergic reaction to the drugs used to induce a state of deep unconsciousness. If we are to believe rumors, however, Ms. Rivers underwent surgical procedures a number of times, making an acute allergic reaction questionable.

You can find numbers that are on the side of risk or on the side of safety. In fact, a medical website called HCP Live reports that 10.8% of the time, anesthetics cause perioperative (or after an operation) cardiac arrest. When you look at the information from Mayo Clinic, you discover that it’s actually this: 10.8% of all cardiac arrests that occurred preoperatively were determined to be caused by anesthesia. This translates to 0.5 heart events per 10,000 patients.

This leads many people to believe that, in this case, Ms. Rivers’ death may not have been due to risk of procedure but, in fact, due to medical negligence. Let us explain.

When medical malpractice is being considered, there are two omissions on the part of medical staff that are looked for:

  • An omission or departure from usual and customary medical practice
  • That omission or departure as a substantial cause of injury or death

Just as you would not excuse an inattentive driver who caused an accident in which you sustained injury, we should be very careful in excusing the doctors and medical staff involved in Ms. Rivers’ final procedure. Where was the failure? In properly ventilating or medicating their patient.

What was to be a perhaps simple outpatient procedure resulted in the attempt at a biopsy and, ultimately, in Ms. Rivers’ death. Unfortunately, due to contradicting reports, we may never know if her death could have been avoided, but we assume, with the information at hand, that it could have been.

Any medical procedure is not without risk. This fact is the reason that patients undergo preoperative testing and evaluation. It is also why, in some cases, the results of this testing leads to the cancellation of procedures.

If you believe that you are or have been the victim of medical malpractice or believe you have a case for wrongful death, please contact Auger & Auger. Our wrongful death attorneys have the knowledge and experience necessary to make sure that you get the compensation you deserve. Do not believe everything that you are told by medical staff. Let our trained investigators look into your case and discover the facts. We are here to assist you in any way that we can – call today!

m01229A year after the tragedy at the North Carolina State Fair, safety is a word on everyone’s tongue. Especially it would seem for Steve Troxler, Agriculture Commissioner for North Carolina, who used it numerous times in his speech on Monday.

“We’re catchin’ hell left and right – they’re double- and triple-checking everything,” said Omar Knight.

After last year’s accident that left several people injured, some severely; this year’s safety inspectors are paying even closer attention than usual. One of the victims of last year’s incident is Anthony Gorham who is still unable to work. Cases are still pending, both civil and criminal, against the owners of the ride that injured Gorham.

When these accidents happen that is when the services of professionals, like the Personal Injury specialists of Auger & Auger, Attorneys at Law, are needed. With a policy of aggressive representation for victims of personal injury, a focus on high quality, state wide service and excellence in the advice we provide for our clients.

The attorneys of Auger & Auger are here for you. We understand that each person is different and will have unique needs, so we will personalize our services for you as we listen to your situation. So if you have been injured, contact the attorneys of Auger & Auger today for your free consultation. There are no fees until we successfully obtain a settlement on your behalf.

 

Kelly Sue DeConnickTuesday morning commuters saw something somewhat unusual; a SUV buried in the side of a building. Thor Pugh fell asleep at the wheel according to what he told police and ran his SUV into the side of the Old Hickory Granary. When firefighters arrived on scene Pugh had already extracted himself from the wreckage, suffering cuts and lacerations to his head.

“I was just lucky I survived.  I’m happy I didn’t hit the tree. I was one foot away from the tree, if I had hit the tree I don’t know if I would have lived,” says Pugh.

 

He will be cited with improper lane change for the accident.

As is often the case with accidents, the damage caused goes far beyond the obvious injuries and fatalities. If you have been injured, be it in a car, motorcycle or truck accidents, or any other serious personal injury claim, you don’t have to go through such difficult situations alone.

With over 20 years of experience, the attorneys at Auger & Auger are here to listen to you and answer your questions. Call our offices today for a free consultation, where you will speak with an attorney, not an assistant, paralegal or sign up specialist. We’ll listen to your case and discuss your legal options, you don’t have to suffer alone. Call today

Thue via Wikimedia Creative Commons LicenseA 17-year-old girl is recovering from injuries she suffered in a single vehicle accident on Wednesday.

According to authorities, Kailey Miller was traveling at what investigators believe was excessive speed, on Parkwood School Road when she passed another vehicle in a non-passing zone. An oncoming vehicle forced her to swerve back into her lane where she lost control and struck a tree. Miller’s vehicle struck the tree with such force that the engine was expelled through the hood to land several feet from the point of impact.

Miller, who was pinned, had to be removed from her vehicle with the jaws-of-life. She was then transported to Parkwood High School where a volleyball game was in progress.  The game was interrupted so that a medical helicopter could be landed there to transport Miller to Carolinas Medical Center.

If you or a loved one has been injured or killed, in a car, motorcycle or truck accidents, or any other serious personal injury claim, you don’t have to go through such difficult situations alone. With over 20 years of experience, the attorneys at Auger & Auger are here to listen to you and answer your questions. Call our offices today for a free consultation, where you will speak with an attorney, not an assistant, paralegal or sign up specialist. We’ll listen to your case and discuss your legal options, you don’t have to suffer alone. Call today

Six Weeks in a CastThe safety of yourself and your family is undoubtedly one of your priorities. When you or a family member is injured through no fault of our own, be it at work, at school or on someone’s property, you may be entitled to compensation for medical bills, lost wages, and even pain and suffering.

It is often in your best interest to consult with a personal injury lawyer before you speak with any individual party or insurance agent. An attorney with experience in personal injury law can give you much needed advice regarding your rights and eligibility to receive compensation.

If you have never experienced an issue that necessitated the contacting of an attorney, you may be overwhelmed by your choices. There are dozens of lawyers in the area that claim to be experts at this type of litigation. Unfortunately, not all of these attorneys have the experience that they claim.

Before you take any steps forward, it is important that you hire the right lawyer to handle your case. To assist you in that endeavor, here is a list of questions that you must ask before you hire any personal injury attorney.

1. What is your area of specialty? While an attorney may be licensed to practice law in your jurisdiction, they must have knowledge of personal injury law in order to assist you.

2. How many personal injury cases have you handled? Everyone needs to start somewhere, but you don’t want to be the first.

3. What were the results of your personal injury cases that went to trial? No lawyer wins every case, but their average should be in our favor.

4. How long will it take to resolve my personal injury case? Every case is different, but an experienced attorney should be able to give you a fairly accurate time line.

5. How often will you communicate with me? You want to be kept abreast of your case without finding it necessary to track your attorney down for an update.

6. Are you handling a great number of cases currently? It’s not unusual for lawyers to handle multiple cases, but you want to be sure that your attorney has time for your case.

7. Will you be the attorney that handles my case should it go to trial? Some lawyers will offer you a consultation and then hand your case off if it goes to trial.

8. Do you have references? Be sure to perform due diligence and speak to several past clients.

9. What is your license number? You can look up an attorney on the state’s State Bar website to be sure they are licensed in good standing.

10. Do you have a contingency fee? This is a fee that you will pay your attorney should your case go to trial and the judge rules in your favor.

If you have been injured, it is in your best interest to consult an attorney that can assist you. At Auger & Auger, we have successfully handled personal injury cases of all types. Please contact us today so that we can begin discussing your rights immediately.

According to reports from the South Carolina Highway Patrol, the Tuesday morning accident that closed down portions of the road was caused by a driver falling asleep at the wheel. The thirty-nine year old woman who fell asleep while driving veered left of center into an oncoming Dodge pickup truck. The pickup truck then lost control and struck a semi, knocking loose part of the vehicle which then struck yet another vehicle. The woman who initially wrecked as well as one other driver both suffered injuries in the incident and were transported to a local hospital for treatment of those injuries.

When these accidents happen that is when the services of professionals, like the Personal Injury specialists of Auger & Auger, Attorneys at Law, are needed. With a policy of aggressive representation for victims of personal injury, a focus on high quality, state wide service and excellence in the advice we provide for our clients, the attorneys of Auger & Auger are here for you. We understand that each person is different and will have unique needs, so we will personalize our services for you as we listen to your situation. So if you have been injured, contact the attorneys of Auger & Auger today for your free consultation. There are no fees until we successfully obtain a settlement on your behalf.

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