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young girl with flowers, outsideIt is an absolute nightmare for parents to even think about their child being hit by a car, much less being involved in the situation. It’s a sad fact that children of all ages are hit by cars on a far-too-regular basis. Young ones, aged five to nine, are particularly susceptible to the danger.

Children are at a higher risk of being injured in a pedestrian versus car accident than in an automobile accident. Being hit by a vehicle is the leading cause of death for five to nine year old children when it comes to preventable accidents.

Federal statistics say that nearly 5,400 pedestrians were killed in traffic-related incidents in 2015. More than 100,000 people were seen in emergency rooms in that same year due to injuries caused by these kinds of accidents. In 2015, one in every five children who were under the age of 15 at the time of death related to a traffic accident were pedestrians.

Protecting Your Child from Accidents

There are steps you can take to help prevent your child from being struck by a car.

  • Fences: If your child is allowed to play outside on their own, they should be playing within an enclosed area that has a locked gate. If you don’t have a fence surrounding an area of your yard, your child should not be permitted to play outside without adult supervision.
  • Education: Make sure that your children know the dangers of playing near the road or driveways. Always make it a rule that they stay away from these areas.
  • You are a hazard, no matter how much you would like to believe you are not. If you are backing out of your driveway, always walk around your car before you put the keys in the ignition. You can miss a small child behind your car even with a rearview camera.

You Rights If Your Child is Struck

If your child is hit by a car, you have legal rights if the driver was negligent. Drivers are required to show a high duty of care if they are operating in an area where children are likely to be present.

It’s important to know that your child will not be held to the same standard as an adult pedestrian. For example, your child will not automatically be told that they should have been more careful or paid closer attention. Your child’s actions will be held to a standard that is typical of their age, experience and intelligence. A moment of distraction does not make your child responsible for the accident.

If your little one has been struck by a vehicle in Charlotte, reach out to our office. We understand the pain your family is feeling and we want to help you achieve justice. Call our team today to arrange you free case evaluation and discover more about your legal rights. We are here to help you.

man walking on icy road with boots onAs winter firmly settles into the region, walking will become more difficult. Sidewalks and driveways will be slippery, and parking lots will be the same. The dangers of walking across snow and ice are real, but with the proper precautions you can reduce your risk of slipping and injuring yourself on the hard ground.

1. Stay Off Your Phone

If you are walking, keep your phone in your pocket. Distracted walking can be just as dangerous, at least personally, as distracted driving. Some cities across the country are even considering legislation to make it illegal to use a cell phone while walking across the road. Keep your eyes on the path ahead.

2. Stay Visible

You should be visible, no matter the time of day or night. Wear bright clothing that is easily noticed. If your clothing doesn’t have reflective strips, put a piece of reflective tape on your jacket or across your backpack if you are wearing one. You can also consider attaching a glow stick to your bag at night.

3. Wear the Right Footwear

Ballet flats and smooth-soled shoes may be right for the office, but they aren’t appropriate for walking in the snow and over the ice. Make sure you are wearing tennis shoes with good traction or boots that are made for walking in the snow. The right footwear can help you stay on your feet no matter the conditions you are walking in.

4. Schedule Your Outings

If you have things that need to be done and are planning on walking, schedule your outings appropriately. Give yourself extra time as well so you don’t make poor decisions when you are in a hurry.

5. Stay Light

Don’t weigh yourself down when you are walking over snow and ice. The extra weight could throw off your balance. If you need to carry things, wear a bag that distributes weight evenly, such as a backpack.

6. Don’t Jaywalk

It’s never a good idea to jaywalk, but it can be especially dangerous in the winter. Make sure you cross at intersections and through marked crosswalks. Don’t be in such a hurry that you are tempted to dart into the street and in front of cars that may not be able to stop in time.

7. Make Eye Contact

Make eye contact with drivers before you step into the street, even if you are at a marked crosswalk. When you make eye contact with someone behind the wheel, you can be assured that they see you and, hopefully, understand your intention to cross the street.

If you are injured in a pedestrian versus vehicle accident in Charlotte this winter, you may have rights to compensation for medical bills, lost wages and more. Reach out to our team of experienced personal injury attorneys for assistance. We will review the details of your case during a no-cost, no-obligation case evaluation and advise you of your legal options.

Being a pedestrian can be dangerous. That is especially true if the person walking is a child. Children do not have the same decision-making capabilities as adults and are not able to make quick, potentially life-saving decisions. If you have a young person in your home, teaching them how to be a safe pedestrian involves more than teaching them to look both ways before crossing the street. Here are some things you can teach your child to help keep them safer.

1. Keep Looking

Most parents teach their children to look left, right and then left again before crossing a street. What many do not teach is that a pedestrian should keep looking around them as they walk across a street. Remind your child to keep their head up as they cross and to continuously look to their left and right.

2. Eye Contact

Street signals tell people when it should be safe to cross, but a signal doesn’t know if someone is going to run a red light. Teach your child to make eye contact with drivers before they step into the road. This ensures that the driver has seen your child and understands that they are going to proceed into the crosswalk.

3. No Darting

Teach your child not to dart out between parked cars or other obstacles in the street. If a car is parked too close to a crosswalk, teach your child to walk to the next one that is clear. It may take your child a bit out of their way, but it’s much safer to cross a road where there is nothing blocking the vision of drivers.

4. Put It Down and Keep It Up

Children are connected to cell phones and tablets. Teach your child to keep their phones down and their eyes up when walking.  When your child is distracted, they are less likely to see minor issues like potholes and major issues like cars barreling toward them.

5. Stop and Talk

If your child is walking and absolutely needs to use their phone, teach them to wait until they can stop safely. Your child should find a safe area where they can talk on their phone and only continue walking when they have ended their conversation.

Pedestrians are involved in accidents with vehicles every day. Children of any age are at risk. By taking the time to teach your child how to be a safe and responsible pedestrian, you are reducing their risk of being seriously injured while navigating the streets on foot.

If your child was injured in a pedestrian versus vehicle accident in Charlotte, you have rights. Reach out to our team of experienced car accident attorneys to schedule a free case evaluation and learn more about your legal options. Call our office today to schedule an appointment for a consultation.

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.

DISCLAIMER: The listed settlements and client reviews/testimonials do not constitute a promise or guarantee of any particular result in any particular case, as every case is unique. Each case was handled on its own merit, and the outcome of any particular case cannot be predicted by a lawyers or law firms past results. If a recovery by settlement or trial is made, the client will be responsible for cost advanced in addition to attorney fees. Client remains responsible for costs, expenses and disbursements, including medical bills, within the scope of representation. The attorney’s contingency fee percentage will be computed prior to the deduction of expenses from the total recovery.