A 2-ton box truck driving too fast around a bend in the road crashed into a school bus that was stopped with its red lights flashing. Fortunately for the student waiting to board, the bus driver saw the oncoming truck and did not open the doors, preventing the student from boarding. That student told police he saw the bus propelled forward 40 feet as he was nearing the bus to board.
Sixteen of the students onboard were rushed to Carolina East Medical Center.
Police have charged the truck driver, Sidney Roundtree, with No Operator’s License and Unsafe Movement.
All drivers have a duty to maintain an appropriate speed for the conditions, to look out, and to follow the rules of the road.
North Carolina State Senator Bob Rucho of Mecklenburg County recently introduced Senate Bill 33 which seeks to limit the amount of money that can be awarded for pain and suffering to victims of medical malpractice to a mere $250,000, and make emergency medical providers, such as the emergency department in a hospital, immune from liability unless found guilty of “gross negligence, wanton conduct, or intentional wrongdoing.” Under the present law, the medical malpractice victim must show that the medical provider did not meet the standard of care among medical providers with similar training and experience.
This bill comes on the heels of a recent study which found that a person has a 20% chance of being harmed by medical care in a North Carolina hospital. The study, which was conducted by Harvard Medical School and the Institute for Healthcare Improvement, was reported in the New England Journal of Medicine on November 25, 2010. In addition to reporting a significant risk of becoming injured as the result of medical care, it also found that almost 14% of the injuries resulted in life-threatening injury or death. Most significant, however, was the finding that over 63% of the injuries caused by medical care were preventable.
What does this mean to the North Carolina hospital patient? It means that if you or a family member becomes one of the more than 4,000 deaths are preventable each year, or suffers one of the 6,000 preventable permanent injuries, your North Carolina lawmakers want to prevent you from recovering anything, if the medical malpractice was committed by an emergency medical provider, or limit your recovery to $250,000 if malpractice was committed in a non-emergent situation.
What can you do about it? The injury attorneys at Auger & Auger, and urge you to contact your North Carolina State Senator as well as your Representative, and tell them to vote “NO” on Senate Bill 33.
Scroll to the bottom of the page and enter your zip+4 zipcode. This will bring up links to your North Carolina State Senator, Representative, and our Congresswoman. From there, you can email, call or write your elected officials and tell them to vote “NO” on Senate Bill 33.
It is hard enough dealing with the loss of a 12 year old child, but for the Sierra family of Asheboro, it came at the hands of a family friend. Reyna Patricia Valencia, a friend of the Sierra family that was visiting Asheboro from Phoenix, Arizona, was driving 12 year old Roland Sierra and his 14 year old brother, Jose Sierra, without their parents knowledge or permission. Valencia was driving at a high rate of speed and under the influence of alcohol when her car left the roadway, overturned, hit an embankment, and came to a final rest against a road sign. Roland, who police believe was not properly restrained, was killed in the accident.
Valencia is charged with 4 felonies, including Driving While Impaired, Death by Motorvehicle, and Involuntary Manslaughter. She is being held on $250,000 bond.
Greensboro Police Officer Randy Ector suffered serious injuries Sunday when he was involved in a motorcycle accident and was struck by Glenda Brown. Ector was off-duty when he was riding his motorcycle in the right-of-way when Ms. Brown, driving an older model Pontiac, pulled from a side street into an intersection, striking Ector. Brown caused $9,500 damage to Ector’s motorcycle, and $2,500 to her car. She was charged with Failure to Yield the Right Of Way.
According to the National Highway Traffic Safety Administration (NHTSA), 41% of the nearly 2,400 fatal accidents in 2008 involving a vehicle and a motorcycle occurred when the motorcycle was going straight in the right-of-way and the other vehicle was either turning left in front of the motorcycle, or passing the motorcycle.
All motorists have a duty to maintain a proper lookout and to yield the right of way. If you or a loved one has been seriously injured or killed in a motorcycle accident, call an experienced lawyer for a free consultation.
A motorcycle that police say was traveling at a high rate of speed crashed into an SUV Saturday, killing both the driver and passenger of the motorcycle, and seriously injuring the driver and passenger of the SUV.
According to Matthews Police, Gloria Escobar was making a left turn from Independence Boulevard into a parking lot when motorcyclist Craig Anderson, with passenger Tiffany Johnson, was traveling westbound on Independence Boulevard at a high rate of speed, and crashed into Escobar’s vehicle. The force of the impact caused Escobar’s SUV to overturn, trapping Escobar and her husband, Alfredo Morales, inside.
Police say that Anderson and Johnson were killed on impact, and that Escobar has been hospitalized and is in serious condition. Morales has also been hospitalized.
According to the National Highway Traffic Safety Administration (NHTSA), 35% of fatal motorcycle wrecks in 2008 involved speeding, compared to only 23% for passenger vehicles. NHTSA has also found that for every mile traveled in 2007, a motorcyclists was 37 times more likely to die in a crash than an occupant of a passenger vehicle, and 9 times more likely to be injured.
A seriously injured motorcycle accident victim in Charlotte, North Carolina succumbed to his injured and died a day following this tragic accident. Retired USCG Master Chief Petty Officer Lyle Atwood died a day after being hit while riding his motorcycle on East Independence Boulevard. According to police, traffic on East Independence was slowing due to a disabled vehicle. A sheriff’s car was behind the disabled vehicle with its blue lights activated so as to alert drivers to slow down. As Amanda Augello tried to slow her vehicle, she swerved to the right, sideswiped Davenport on his motorcycle, and then overcorrect to the left, causing her SUV to flip.
The posted speed limit in that area is 55mph. Augello left 114 feet of skid marks in the roadway before striking Davenport, and then she traveled another 105 feet before coming to a final rest, upside down in her flipped SUV, indicating that speed may have been a factor. The accident remains under investigation by Charlotte Mecklenburg Police Major Crash Investigation Unit.
Augello has subsequently been charged with Misdemeanor Death by Vehicle.
A drunk driver was killed and 6 other people were injured in a Charlotte, North Carolina car accident on Saturday. According to witnesses, David Cleary was seen weaving and speeding before he crossed the center line into oncoming traffic, striking another vehicle. Cleary’s passengers, his girlfriend and her young children, were seriously injured in the crash. The driver of the car that Cleary hit, Richard McDonald, also had children in his car and he was also charged with Driving While Impaired, though police have not released his breath alcohol content.
It is a terrible thing, when a person decides to drive after drinking alcohol, but even worse when child passengers become innocent victims.
The North Carolina State Transportation Secretary recently announced that for the calendar year 2010, over 600,000 traffic and criminal citations were issued, including over 16,000 citations for driving while impaired.
Ji Sheng Lu and his daughter, Jing Lu, were killed Wednesday morning in a Charlotte, North Carolina car accident involving a distracted driver. Ms. Lu’s one-year old son, who was in a stroller, suffered serious injuries. The family was walking in their Charlotte neighborhood when Sharai Marie Bauer, driving on Corsica Forest Drive, took her eyes off the road to reach to the floorboard to recover something that had fallen. Witnesses told Charlotte Mecklenburg Police that the car swerved towards the Lu family, who was walking with traffic and close to the curb, and hit them from behind. According to local residents, drivers often speed on this road, which has a posted speed limit of 25mph.
Bauer has been charged with two counts of misdemeanor death by vehicle.
All drivers have a duty to maintain a proper lookout and maintain a safe distance. According to The University of North Carolina Highway Safety Research Center (HSRC), as many as 30% of all reported car accidents are due to driver distraction.
NASCAR driver Michael Annett rear-ended another car in a Mooresville, North Carolina car accident. Annett admitted to police that he was distracted, and that he was texting on his cell phone while driving. Further investigation found that Annett had also been drinking and a breath alcohol test found him to have an alcohol level of 0.32% which is four times the legal limit.
This is not the first time Annett has caused a car accident while texting. According to NC State DMV records, Annett was involved in a similar accident several months ago with similar circumstances.
Annett, who has been charged with driving while impaired, texting while driving, and resisting an officer, has also been put on probation by NASCAR. NASCAR is requiring Annett to undergo evaluation by a certified substance abuse professional, as well as to undergo random drug and alcohol testing.
Texting while driving may be even more dangerous than drunk driving. According to the National Safety Council (NSC), over 1 million car crashes are the result of cell phone use while driving. The NSC estimates that 1.4 million car accidents annually are the result of drivers who were distracted by cell phone use, and another 200,000 wrecks caused by drivers who were actually texting while driving.