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parent-taking-children-trick-or-treating-at-halloweenWhen parents begin to worry about Halloween, their minds typically turn to tainted candy. Stories of pins, needles and even razor blades stuck inside the candy of unsuspecting trick-or-treaters have made the rounds for decades. These stories are rarely based in fact, and they cause parents to focus on a danger that may not be there. Unfortunately, these stories take attention away from the real danger: Cars.

There are more than 40 million trick-or-treaters that hit the pavement each year. Of course, with this number of children out and about, accidents will happen. Slips and falls will result in skinned knees. Plastic props will cause injury. Of all the dangers that children face on Halloween, cars are the most common, yet least thought about.

According to Safe Kids USA, children are twice as likely to be hit and killed by a car when they are out trick-or-treating than at any other time of year. Most of the accidents involving costumed little ones and vehicles occur between the hours of 4 p.m. and 10 p.m. There seems to be a peak at dusk, when the sun is setting and drivers are dealing with glare, depending on their direction of travel.

Children do not tend to watch where they are going. The excitement of the evening makes them even less cautious. Children that are unsupervised are in even more danger. Parents are urged to make sure that an adult, or at least an older teenager, accompanies any tiny trick-or-treater. Having supervision makes a child less apt to wander into the street and directly into the path of an oncoming vehicle.

Make sure that children are carrying flashlights or that they have reflective tape adhered to their costumes. Glow sticks and glow jewelry can make children in costume more visible, but there are dangers in these popular items. The liquid inside the sticks and jewelry can be toxic. It’s important that children understand not to break a glow stick and, if one does break, not to ingest the liquid.

If your child is injured on Halloween in a pedestrian versus car accident in Charlotte, call our team of attorneys. We will help you schedule an appointment for a free case evaluation at which time we will advise you of your options. You may also choose to browse our website for more information about the types of cases we handle.

downloadKnowing what your car can do and what it cannot do is important.  That is precisely what happened when a Volvo salesman in the Dominican Republic learned when he demonstrated a demo vehicle to a potential buyer recently.

The salesman was demonstrating a Volvo XC60 and apparently he was unaware that the vehicle had not been equipped with an optional feature known as the Pedestrian Safety System.

The $3,000 add-on option had not been installed in the dealership’s demo car and a YouTube video with the title “Self-stopping Car Accident” shows a pedestrian being struck and being knocked out of the way as if they were a bowling pin.

While Volvo acknowledges that the incident indeed happened at one of its dealerships, it says the video is inaccurate.   It stated that even with the added safety feature, it would have been overridden because of how the person demonstrating was driving the vehicle. According to Volvo, the pedestrian detection system would likely have been deactivated because the driver was accelerating the car.

“Hence, the auto braking function is overridden by the driver and deactivated,” said Volvo spokesman Johan Larsson.

An accident can happen when someone does something that is careless. In such an unfortunate case, there were many factors that contributed to the accident. If you or someone you love has been injured in any kind of accident or has suffered a personal injury, call the law offices of Auger & Auger today.

We have years of experience accident and personal injury law and when you call us will work to help you.

Contact us today and learn how we can help you receive the compensation you need in order to get your live back on track.  Contact us today.

download (45)No one can predict when an accident will happen. It doesn’t matter whether someone is behind the wheel or an innocent bystander, being involved in an accident is always a possibility.

One accident happened in New York on West 34th Street between Fifth and Sixth avenues in the Herald Square shopping district at approximately 10:00pm recently. A car jumped the curb and hit several people before crashing into the Forever 21 store in Mid-Town New York.

Authorities say that the vehicle involved in the Herald Square accident injured at least seven people, five of them pedestrians. The driver, a 34-year-old woman, and a male passenger were also among the injured. A spokesperson with the NYFD said that the injured were all taken to Bellevue Hospital and were treated for non-life threating injuries.

Police indicate that while no charges have been filed, the driver of the vehicle may have been intoxicated at the time of the crash. The accident is still currently under investigation.

Drinking and driving is against the law and the aftermath of a drunken driving accident can be devastating. If you or a loved one has been injured in an accident through no fault of your own, you need to have solid legal counsel on your side. The inevitable bills that come through medical expenses, time of the job, pain and suffering after an accident can put you in a bind.

Auger and Auger is there to help you in whatever way possible. We are knowledgeable about personal injury and accident and can help you fight to see that justice is served. Call us today for a free consultation.

crosswalkAccording to statistics provided by the U.S. National Highway Traffic Safety Administration (NHTSA), more than 4,000 pedestrians are killed by vehicles each year. Greater than 70,000 pedestrians are injured by motor vehicles. You may have been led to believe that the operator of the vehicle was always at fault in these incidents, but that is not always the case.

Pedestrians Have Rights

It is true that pedestrians have rights. But they also have duties. As a pedestrian, you have the right-of-way in a crosswalk, on a private sidewalk, on a public sidewalk, and on public roads.

You have a duty to obey traffic signals and signs, walk on the sidewalk where one is provided, walk along the shoulder facing traffic when a sidewalk is not available, and behave reasonably and carefully at all times.

Causes of Vehicle versus Pedestrian Accidents

There are many causes when it comes to vehicle versus pedestrian accidents, and not all of those causes rest on the shoulders of the driver.

Pedestrians cause accidents when they ignore traffic signals, jaywalk, walk outside of marked crosswalks, choose not to walk on the sidewalk, or walk while intoxicated. Drivers cause accidents when they fail to yield to pedestrians, do not obey speed limits, drive while distracted, drive while intoxicated, or experience vehicle failure.

The Most Common Injuries

It is not difficult to imagine the injuries that you might sustain if you were struck by a vehicle while walking down the road. Primary injuries are those that are caused by the impact with the vehicle; secondary injuries are caused by the force of the impact and the resultant landing, wherever it may be.

Some of the most common injuries seen by emergency medical personnel in pedestrian versus vehicle accidents include:

  • Lacerations to the scalp, bruises, cuts to the body, and scrapes
  • Concussions, hemorrhages, hematomas, and brain swelling
  • Scrapes, cuts and contusions on the face, hands and arms
  • Injuries to the spinal cord
  • Sprained or torn ligaments
  • Fractures

When You Are Injured By a Vehicle

If you, as a pedestrian, are injured by a vehicle, there are immediate steps to take. Seek medical attention as soon as possible and, if you are able, record details of the accident. At a minimum, you should get the driver’s name, contact information and insurance information. If you are injured in such a way that you are removed from the scene by ambulance, the police will gather this information for you.

If you have been the victim of an accident and were struck by a vehicle, the personal injury lawyers at Auger & Auger are here to help you build your case. We can help you determine if the vehicle driver was at fault, and we can help you fight for the compensation you are due. Contact our offices today for a free, no-obligation consultation. We are standing by to assist you during your time of need!

Early Saturday morning, an unnamed driver of a 2000 Ford Expedition SUV struck pedestrian Allison Carter, 42.  According to a witness, Carter was crossing Sunset Road in the dark while there was a light rain coming down.  The driver of the SUV that hit Carter called 911 and informed emergency services of the accident.  When Charlotte-Mecklenburg Police Officers arrived, Carter was unresponsive, and still in the road in front of the Ford Expedition.  According to reports, neither alcohol nor speed were factors in the accident, however the collision is still under investigation.

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 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 any fees until we successfully obtain a settlement on your behalf.

Police Car Lights via Wikimedia CommonsSometimes pedestrian accidents happen outside of a marked crossing.  You should never assume the pedestrian has responsibility in these cases because other circumstances may shift liability to the driver.

Recently, a pedestrian was hit by two vehicles while crossing Central Avenue outside of the crosswalk.  He suffered most of his injuries when hit by the first driver; however, the second driver fled the scene.  Police are still looking for the driver of that vehicle.

When interviewed, other pedestrians in the area admitted they also cross where the injured pedestrian crossed because it is easier to cross there.  The unmarked crossing has one-way traffic in each direction.  Up the road at the pedestrian crossing, there is a turn lane which makes crossing more difficult.   At that crossing you must be aware of 3-way traffic.

Another contributor to driver liability is that this unmarked crossing is near a bus stop.  When the bus is stopped cars speed around the bus and don’t really think about pedestrians in that area.  This has caused several pedestrians to have collisions with cars at this often used crossing.

If you are involved in an accident as a pedestrian your injuries are usually covered under the policy of the driver that hit you.  In a case like this one, there are other circumstances that need to be taken into consideration.  The fact that the crosswalk is located in an inconvenient and more dangerous location, vehicles speeding around the parked bus, and laws set forth to protect pedestrians are just a few means of possible recovery  for a pedestrian crossing outside of the crosswalk.  However, North Carolina is a contributory negligence state.  That means that if you are found even one percent at fault, you are barred from collecting on your claim.

Since liability is not always a clear cut picture, do not talk to any insurance adjustor or admit any fault when involved in an accident.   Speak to an experienced attorney first.  They can give you advice on how to handle your specific situation so that you may avoid common pitfalls that may bar recovery in your case.

Auger & Auger are skilled attorneys that understand the laws pertaining to personal injury and they can help you avoid the pitfalls of a contributory negligence claim.  Don’t take the chance of making a mistake.  Call us today.

Mark HaynesRecord lows, snow, and ice gripped North Carolina over the past couple of days.  The lows dropped to the single digits, something unprecedented within recent years. Fayetteville and Raleigh came very close to breaking their own record lows.  The temps in Raleigh were the lowest since a snowstorm in 2000.

The roads were iced over, making it difficult for drivers in eastern and central North Carolina. The ice and snow didn’t just hit North Carolina.  It was widespread all over the South.  Most of the transportation out of Atlanta was snarled because of the inclement weather. Atlanta received three inches of snow on Tuesday, which shut down the city.

This has also impacted deliveries to North Carolina, including a special one for an aquarium. A delivery of sharks and stingrays that were scheduled to be at the aquarium in Concord Mills has had to be rescheduled. This has pushed back the opening of the aquarium to February 20th.

While they will thaw over the next couple of days, be careful while you’re on the road. When North Carolina receives this type of weather, it lays the foundation for plenty of car accidents and slip and fall injuries.  If you’ve been injured as a result of the winter snowstorm, please don’t hesitate to give Auger & Auger a call for a free consultation.

Credit: Chris YarzabFayetteville police are currently investigating an accident that left a motorcyclist dead and a pedestrian injured. The incident happened Monday evening on the All American Freeway between the Yadkin Road Bridge and Santa Fe Drive. According to authorities, 21-year-old Cody Soucier was riding on his motorcycle when, suddenly, he hit a pedestrian. He lost control of the motorcycle a short distance later and was then hit by a truck which was driven 77-year-old Bessie Blaylock. Soucier died at the scene. The unidentified pedestrian is now listed in critical condition at the Cape Fear Valley Medical Center.

Did karma strike back to Soucier instantly? Whatever the cause of this event, it is yet to be solved by the authorities. At present, there’s no word on if charges will be filed.

Accidents happen every day and everywhere. Many die as a result of inexperience, speeding, intoxication through drink or drugs or maybe just plain recklessness. If you are a victim of an accident, have been seriously injured, or have lost someone as a result of other people’s negligence, we urge you to fight for your rights and get the compensation you are worthy of. Let an expert attorney assist you with your case. Contact Auger & Auger for a free consultation.

Credit: Pascal MaramisPedestrian accidents are all too common on our nation’s roads. Studies from the NTSB put about an equal amount of blame on vehicles and pedestrians. Both groups need to obey the rules of the road. A story out of Charlotte put this into perspective.

In one case, a 50-year-old man was charged with felony hit-and-run when a pedestrian was struck crossing Eastway Drive on Thursday. The driver of the truck later called police to report the crime and was charged. The truck is now being processed for evidence.

Police haven’t yet said whether or not the victim was crossing the street at a crosswalk or not, but reporters interviewed people at the bus stops on Eastway Drive. The bus stop on that road is about 50 yards from the nearest crosswalk, and people at the stops told reporters that people regularly cross directly from the stop to a retail center across the street.

Recorded comments from the bus passengers are telling. Their opinion is that if they are aware of the cars and their judgment is good, then there’s no problem. However, this is an extremely dangerous attitude to have. Cars are expected to watch for pedestrians at cross walks, and not at any time. If the victim of this crash was found to have crossed illegally, it would be more difficult for the victim’s family to pursue a civil case. However, the man also ran from the crash before turning himself in. These and other factors will have to be weighed.

If you have been involved in a pedestrian injury accident, you deserve to have your case heard in court. The lawyers at Auger & Auger have been representing personal clients for years in North Carolina. Take a look at some of our testimonials, then give us a call for a free consultation.

Two pedestrian car accidents marked the end of March in North Carolina. One gentleman was killed by a van and another man was hit by a car while walking to work. The North Carolina Highway Patrol has investigated 497 pedestrian accidents over the last five years, 88 of which involved fatalities. Inattentiveness has been a common factor for both the pedestrian and the driver.

Look Both WaysPedestrians hit by a vehicle can sustain a variety of injuries that can leave the injured party merely scratched and bruised or dealing with a complex set of ailments requiring intensive medical care. Serious injuries come at great cost to the injured – lost wages, medical bills, and property damage expenses on top of increased stress. An injured pedestrian has several avenues of recourse to be made whole and hold the negligent driver accountable. Depending on the circumstances, the state of North Carolina may elect to press charges against the driver. Even if it does not, the injured party may file a claim with the driver’s insurance company or seek to sue the negligent driver in a personal injury action. When a pedestrian is injured in a hit-and-run car accident or the driver does not have car insurance or inadequate policy coverage, the injured pedestrian may be able to file a claim with their own auto insurance company with their Uninsured or Underinsured Motorist Coverage.

Pedestrian inattentiveness may negate the ability to collect damages from the party at fault. In North Carolina, if the injured party is also negligent, their ability to seek recovery from the party at fault is barred unless they fall into an exception established by case law. If the pedestrian placed him or herself in a perilous situation but the driver had a “last clear chance” to avoid hitting the pedestrian, then the injured pedestrian may be able to recover even though their actions contributed to the accident. Gross negligence or wanton conduct is also an exception to North Carolina’s strict contributory negligence. That exception is typically seen when a driver was driving while intoxicated, speeding, or racing. A bar from recovery may also be lifted if the pedestrian was a young child or cognitively disabled, thus unable to avoid placing themselves outside of a dangerous situation as an “ordinary person” would do.

The experienced North Carolina pedestrian accident attorneys at Auger and Auger have aggressively pursued compensation for injured clients for several years. Herbert and Arlene Auger understand that your case is unique and that compensation is greatly needed to return to normalcy. They will tirelessly pursue all avenues of redress so that you and your family can be placed on financially stable ground. If you have been injured anywhere in North Carolina as a pedestrian in a car accident, call one of our personal injury lawyers for a free, confidential consultation today.

Impaired Driver Hits North Carolina Couple in Head-on Collision in Raleigh, North Carolina Car Accident Attorney Blog, March 19, 2013

Freedom, Safety, and Liability: Legislator Joins the Cause to Repeal North Carolina’s Motorcycle Helmet Requirement, North Carolina Car Accident Attorney Blog, March 13, 2013

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