www.augerlaw.com

November 2011

About Our Firm

Auger & Auger handles all types of personal injury cases, including:

• Automobile Accidents
• Wrongful Death
• Workers' Compensation
• Motorcycle Accidents
• Truck Accidents
• Bicycle Accidents
• Personal Injury
• Pedestrian Accidents
• Dog Bites
• Day Care Injuries

 

Call For Free
Consultation
(800) 977-7396
(704) 364-3361


No Fee If
No Recovery

Midtown Office:
717 S. Torrence Street Suite 101
Charlotte, NC 28204

University Office:
10130 Mallard Creek Road Suite 300
Charlotte, NC

Ballantyne Office:
15720 John J. Delaney Dr. Suite 300
Charlotte, NC 28277

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www.augerlaw.com

 

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Thank You For
Your Referrals

We receive many new clients as a result of referrals from clients and other friends of our firm. We would like to thank everyone who refers friends and family to our firm. We appreciate the trust and confidence you show in us by making these referrals.

 

Please let us know when you are referring a client to our office so that we may show you our appreciation.

 

Dear Friends:

 

With the holiday season upon us, many people will be driving to visit with family and friends. We wish you safe travels, and ask that you please wear your seatbelt when traveling, and make sure all vehicle occupants, especially your precious children, are properly restrained.

 

We wish you a happy holiday, and peace and happiness in the new year.

 

Sincerely,


Over The River And Through The Woods . . . .

 

To grandmothers house we go. . . So goes the Thanksgiving song. With the holiday season approaching, many people will be driving to visit with family and friends. We at Auger & Auger remind you to please buckle up, and make sure all vehicle occupants, especially children, are properly restrained.

 

Car Accidents The Leading Cause Of Death For 3-14 year olds

 

According to the National Highway Traffic Safety Administration (NHTSA), car accidents are the leading cause of death in the 3 to 14 year old age group. A 2008 study found that of the 5,598 children under the age of 14 that were killed in car accidents in the year 2008, 46% were unrestrained. The study further revealed that proper use of child safety seats reduced fatalities in the under 1 year old age group by 71%, and by 54% in children between 1 and 4.

 

Statistics Do Not Lie

 

In June, a 10 month old girl from Raleigh died when the car she was in crashed. North Carolina Highway Patrol reported that the baby, Sophia Peetc, was not properly restrained when her mother, Heather Lucas, lost control of her vehicle and overcorrected, causing the SUV to flip twice and strike a tree. Baby Sophia was ejected from the vehicle, which landed on top of her.

 

Similarly, in October, a 4 month old girl was killed in Spartanburg, SC, when she was ejected from a vehicle following a single car collision. In that crash, Terrance Murphy lost control of his car, causing it to overturn. South Carolina Highway Patrol reported that four out of the vehicles five occupants were unrestrained, and that in addition to 4 month old Teliya Zanae Murphy, the driver and another passenger were also ejected from the vehicles.

 

Seatbelt Use Is Lowest Among 16-24 Year Olds

 

The group with the lowest seatbelt use are the 16-24 year olds. This is particularly troubling, because unlike small children who rely on their parent or caregiver to ensure that they are properly restrained, this group is certainly capable of the simple act of buckling up. Even more troubling is the fact that this age group also has the highest number of reported crashes as well as the highest number of fatalities.

 

In August, 16 year old Khadijiah Chesney was killed when the car she was a passenger in hit a tree and she was ejected from the vehicle.

 

In October, two teens from Stanly County were killed when they were ejected from the vehicle they were riding in. According to police, Jordan Carpenter, age 16, swerved his Jeep to avoid hitting a deer. When he tried to correct the vehicle, it rolled. Carpenter's passengers, 15 year old Austin Burleson, and 16 year old Hunter Mauldin, were ejected and killed.

 

And just two weeks ago, 17 year old Jaela Kelley died at Greenville Memorial Hospital (SC) after being ejected from a vehicle that was t-boned by a tractor trailer truck.

 

These Fatalities Could Have Easily Been Prevented

 

All it takes is the simple act of buckling the seatbelt, and it is almost inexcusable not to buckle up. A drivers education course is required before obtaining a drivers license. It is drilled over and over again, that drivers and occupants must wear seatbelts. Yet the evidence shows that many teens still do not buckle up. And with regard to child restraint systems, many parents and caregivers install them improperly. Police Departments and Fire Departments around the state are always available for free child restraint checks.

 

And Besides, It's The Law

 

North Carolina law requires that all occupants, regardless of where they are seated in a vehicle, to wear a seatbelt when the car is in motion. The law also requires that children under 8 years of age, and under 80 pounds, be properly seated in a weight-appropriate child restraint system. Children under the age of 5 and below 40 pounds are required to be properly seated in a weight-appropriate child restraint system in the rear seat of the vehicle, unless the car seat is specifically designed to be used in the front seat (with airbags).

 

Air Bags Are Designed To Work With Seatbelts

 

Not instead of seatbelts. Air bags are not designed to deploy in all types of accidents. They are equipped with sensors that measure the location of the crash and the rate at which the vehicle is slowing down. Accordingly, the speed and amount of physical damage present is NOT an appropriate measure of whether an airbag should deploy. There is no guarantee that the accident you may be involved in will meet the criteria that would cause your airbag to deploy. Further, airbags can only be deployed once, and they rapidly deflate. So if there are multiple impacts, they will be useless in a subsequent impact. The seatbelt, however, ensures the vehicle occupant is in the best position to maximize the benefit of the airbag.

 

In the event of a crash, the car is quickly decelerating and the frame is absorbing most of the force. An unrestrained occupant, however, will continue to be propelled forward at the same speed the vehicle was originally traveling at until their movement is stopped, such as by impact with the steering wheel, gauge panel, windshield, or, worst case scenario, ejection from the vehicle. The proper use of a seatbelt will more evenly distribute the force of the impact through the body, helping prevent the upper body or head from striking the interior of the vehicle.

 

Air Bag Injury?

 

Will typically be in the form of a minor abrasion or burn. Serious injury, or death, is extremely rare, but can occur in a particular circumstance, specifically, sitting too close to an airbag, or a child in the front seat. The force of an airbag explosion is around 100mph. If an occupant is sitting too close too, or in contact with, the airbag module when it opens, serious injury can occur. The National Highway Traffic Safety Administration recommends that drivers keep at least 10 inches between their chest and the middle of the steering wheel. Children under 12 should always be in the back seat, and NEVER use a rear-facing child restraint in the front seat of a vehicle equipped with front airbags UNLESS it is specifically designed to be used as such.

 

Have A Safe Holiday

 

We wish you a safe and healthy holiday season, and ask that you keep yourself and all occupants of your vehicle appropriately restrained. If you have any questions regarding the proper use of a child restraint system, please stop in at the nearest police or fire department for a free check.

 

The information contained in this newsletter is of a general nature. Due to constant changes in the law, exceptions to general rules of law, and variations of state laws, seek professional legal assistance before acting on any matter. © 2011 ANSI