If you have visited the Uptown district of Charlotte, then chances are you have seen people riding on electric scooters. Recently three companies (Spin, Bird and Lime) have rolled out their e-scooters for the people of Charlotte to enjoy. The scooter rentals are able to be transacted through apps for each of the companies. Users can search using the app to find and unlock an “e-scooter”. The scooters are rentals are quite affordable and pricing structures vary by each company. While cheap and available transportation options are always welcome, there could be cause for concern about additional concerns related to scooter accidents and the safe and responsible use of the vehicles.
When the scooters were first deployed, Lime, put the vehicles on the street without acquiring the necessary permissions from the city of Charlotte. Eventually the proper permits were acquired and Lime and Spin and Bird are all involved in the Shared Mobility Pilot Program. The program provides regulation and guidelines that will hopefully give oversight to these companies and to the riders that are utilizing them. A review of the city’s website shows that the companies have policies regarding where the vehicles can be driven, helmet use, speed limits, and age and licensing limits. Outside of safety there is also a concern of where the scooters should be left when a ride is finished. The policy says that the scooters should be parked in a location that does not impede pedestrian walkways or the city’s right-of-way. Obviously the city and these companies are all hoping that people will use these vehicles responsibly and hopefully there will be vary few, if any scooter accidents or incidents.
What About Possible Accidents and Injuries Related to E-Scooters?
Just as bicyclists, people riding the electronic scooters will have to operate them in accordance with local traffic laws. Assuming that the pilot program is a success and these devices are going to be here to stay, unfortunately there will be accidents and injuries to come. A car, bicycle or scooter accident can be caused by all kinds of contributing factors and no two accidents ever happen under the exact same circumstances. Just as you would do if you were involved in a bicycle or motor vehicle accident, a scooter injury should be dealt with in the same manner. Safety and medical attention should always take precedence when an accident happens. After the injuries and safety of those involved has been handled at the scene, an accident report should be made and completed by local law enforcement. Issues regarding fault and accountability for the scooter accident will be managed by insurance companies and Courts.
Scooter accidents will also involve issues such as damage to vehicles, bodily injury and compensation for both. After someone is involved in a scooter injury accident they should consider contacting an injury lawyer to discuss their potential options. An experienced injury firm will be able to assist with reviewing the accident report and speaking to the insurance company(s) that may be involved. Additionally a injury lawyer may be able to provide compensation for someone injured in an accident that involved an e-scooter. Again, before speaking to an insurance company, it may be a good idea to first speak to a lawyer.
Auger & Auger proudly serves the Carolinas and helps being that have been injured in accidents involving cars, trucks, motorcycles, bicycles, pedestrians and scooters. Anyone injured in a scooter accident or any other type of injury related accident can contact our law firm for a free case evaluation and an opportunity to find out if our law firm may be able to help. Our phones are answered 24 hours a day, seven days a week and 365 days a year. Call (855) 971-0800
Uber is a popular ride sharing service used by millions of people around the globe. People choose to utilize Uber for a variety of reasons, whether they are commuting to work or had a bit too much to drink during a night out.
Few people get into a car being driven by an Uber driver expecting to be involved in an accident. But unfortunately car accidents do occur. If you are a passenger in an Uber vehicle or struck by one, you have rights. Read on for more info about the steps you should take after an Uber accident in North Carolina or South Carolina.
Being involved in an accident with an Uber driver is similar to being the driver in your own accident. The first concern should always be on everyone’s safety. Dealing with emergency related injuries should be your primary concern if there are any. After calling 911, if possible move the vehicles to a safe location. If the situation is one where it is possible to do so, you will want to try to collect as much information as possible.
If you are a passenger, get the Uber driver’s name and contact information. Ask for the information of all other parties involved in the accident as well as their insurance information. Lastly, ask for contact information for any witnesses who stayed on scene to offer assistance.
Once you have collected information, take photos or video of the accident scene. You’ll want to record the damage to all vehicles involved, any injuries suffered by people involved, and the current weather and road conditions. Try to take images before vehicles move to the side of the road. This information can be very helpful later on if there are insurance claims or personal injury lawsuits filed.
Insurance can be a confusing issue when it comes to Uber drivers. The ride sharing service is required to have its own liability policy that covers anyone injured in an accident, if the Uber driver was the cause of the accident. If your Uber driver wasn’t at fault, the other driver’s insurance coverage should be responsible for any claims that you may have or anyone else that was injured by their driver’s negligence.
You may also want to research your own personal auto policy. You may have medical payment benefits or other coverage that may be beneficial to you. Find out if you have medical payment benefits or “med pay”.
Determining liability when an Uber driver is involved in an accident is no different than if any other driver was involved. Police will look for evidence on scene and take your statement, statements of those involved and any statements from available witnesses.
Again, If your Uber driver caused the accident, you will want to seek compensation from the liability insurance policy that the Uber driver is insured under. If another driver is found to be at fault, you will look for compensation from that driver’s policy. Those insurance policies should be provided to you at the scene of the accident. In some cases a police officer may give you a driver’s exchange form that contains the info. If you do not get it from the officer or from the other drivers at the scene, you should be able to find the information on the final police report that will be released at a later time.
Things may become overwhelming after an Uber accident in the Carolinas. As the injured party, you can expect to be potentially contacted by one or more insurance companies. It’s important to remember that you do not have to speak to them.
You do not have to make a statement about the accident, and you do not have to tell the claims adjuster or claims agent your version of events. Try to keep in mind that no matter how nice the insurance representative seems, they have their company’s best interests in mind, not yours. Anything you say could be potentially used to limit or deny your claim.
Depending on the severity of the accident, Uber or their insurace company could also have a senior level adjuster or even an attorney try to contact you. If this happens, you are still under no obligation to speak to them. This happens in rare cases, but is a possibility. Just keep in mind that anything you say can have negative consequences on your potential bodily injury claim.
Your next steps will be determined on the extent of your injuries. If you are not injured and you do not need or receive any medical treatment, then you will be fortunate enough to not need to file a bodily injury claim against the proper insurance entity. If you are injured, a bodily injury claim will need to be filed with the insurance company. The value and timing of that claim will again be determined by your injuries and other factors such as your medical bills, recorded medical treatments that document your injuries and other things such as lost wages and pain and suffering. Be mindful that if you do not have an attorney and if you are in contact with the insurance company, the insurance company may try to encourage you to enter into settlement negotiations with them while you are still injured and receiving medical treatment.
The moment you accept a settlement from an insurance agency, you have effectively ended your case. If you have even the smallest doubt about accepting a settlement, don’t. Most attorneys offer a free case evaluation, meaning you have time to speak to a legal representative before you accept any offer from an insurance company. Most attorneys will say that even before you are in contact with an adverse insurance company it is a best practice to speak to an experienced lawyer that can prevent you from making the possible mistakes that can have a negative effect on your case. A legal professional can represent you and negotiate on your behalf. In some cases that cannot be resolved without the filing of a lawsuit, your attorney may even have to represent you in Court if necessary. These are just limited examples of what you can expect when you hire an experienced lawyer to represent you for your injury case.
If you have been involved in an Uber accident in North Carolina or elsewhere in North Carolina, or South Carolina, reach out to our experienced personal injury team. We are ready to speak with you regarding your case and we will help you discover your options.
We understand that you may be stressed and anxious right now, and we are prepared to do all that we can do to assist you. Call our office today to schedule an appointment for a free case evaluation that can take place in person or over the phone.
Richard Angelo was killed by an alleged drunk driver in Matthews, NC on May 30, 2018. The driver charged with DWI after she hit and killed a pedestrian, 22 year old Richard Angelo. The Charlotte Observer reports that Mr. Angelo was pushing his bike down a road when he was hit. The DWI charged driver was traveling in the same direction as Mr. Angelo and he was hit from behind. He was pronounced dead at the scene. The crash occurred at just before 1 a.m. on E. John Street at McKee Road in Matthews.
Besides DWI charges, the driver was also charged with possession of marijuana and driving with an open container of alcohol. The driver was traveling in a Ford Mustang and a local news channel at the accident scene observed an officer removing a bottle of wine from the driver’s vehicle. The charged driver in this case is innocent until proven guilty.
Accidents and injuries related to drunk driving are preventable. With public transportation and ride sharing options, there is no excuse for drinking and driving. Additionally, the simple act of not driving after having consumed alcohol prevents alcohol related car accidents. Alcohol related accidents in the United States are a very serious matter and are also a threat to public safety. Just in 2016, 10,497 people died in alcohol-impaired driving crashes, accounting for 28% of all traffic-related deaths in the United States.1
Our law firm assists victims of alcohol related accidents. We are consistently involved in such cases and we work hard to protect the rights of our clients. Our firm is dedicated to helping people that have been injured because of someone else’s negligence. It never costs a thing to speak to one of our team members and our case evaluations can be done in person or on the phone. If you or anyone you know has been injured in a car accident or a wreck involving a drunk driver please call our office at 855-971-0559.
DON’T DRINK AND DRIVE!
James Hampton, a North Carolina AAU youth basketball player collapsed during play and passed away as a result of a sudden medical emergency on May 26, 2018. The 17 year old young man played for Team United, which is based out of Charlotte, North Carolina. The team was playing in Hampton, Virginia at a Nike Elite Youth Basketball League event in VA.
The Charlotte Observer reports that the team’s director, Mr. Jacoby Davis as saying that James Hampton was running and turned to say something to a referee Saturday night when he collapsed. Mr. Davis added that emergency paramedics did chest compressions on the young man on the court before he was taken to the hospital where he was pronounced dead. The James Hampton was a student at Liberty Heights school in Charlotte and was scheduled to graduate after one more year at the school.
Based on reports it is not known whether an Automated External Defibrillator “AED” was available at the facility where the game was taking place. These devices are able to save lives in certain situations and they can counter-act sudden cardiac arrest by delivering a shock to the heart that can normalize heart rhythms.
Is there a potential liability case?
In some jurisdictions there are requirements that AED machines must be on site at various types of businesses and facilities that are open to the general public. Under certain circumstances a private business owner or other group or individual can be liable for injuries and or deaths that could have been treated or prevented by the correct use of a properly functioning and available AED machine. These laws vary by state and before any conclusion of liability against such a business or individual can be made, a thorough investigation of the incident along with a thorough evaluation of the law (by a licensed attorney of that jurisdiction) must take place.
If you or someone you know has been injured or passed away because of the lack of a properly functioning AED machine being made available during a medical emergency, there may be potential compensation available to the injured person and or the estate of a person that passed away. Our lawyers proudly serve the Carolinas and if you or a loved one was injured because of someone else’s negligence, we would like to speak to you. Consultations are always free and our phones are answered 24 hours a day, 7 days a week, 365 days a year. Call 1-855-969-5671 for your free case evaluation.
IVC filters are a medical device that have made the news in recent years. There have been warnings posted on the Internet and described in commercials. IVC filters, or inferior vena cava filters, are placed in the body as a way to prevent deep venous thrombosis. A clot caused by DVP can travel to the heart and lungs, causing serious complications or death. IVC filters are meant to stop this from happening.
There are approximately 50,000 people with IVC filters in America. The majority of these patients have already suffered a pulmonary embolism. Along with anticoagulation therapy, these filters have become the treatment of choice for some doctors. It wasn’t until they became widely used that their effectiveness was questioned.
IVC Filter Dangers
When an IVC filter is placed in the body and works as it was designed to, they are quite helpful. It’s when the filter migrates that the issues begin. A hook on the filter holds it in place within the vein. Some patients have experienced a migrating filter after the hook has failed. In some instances, the filter tips instead of migrating. The filter causes damage as it moves, puncturing organs and veins as it travels.
IVC filters have been known to fracture in some more serious cases. The small pieces of filter that break off travel through the body posing the same dangers as blood clots. The pieces can be so small that they can travel through the veins and into the brain, lungs or heart. They can then cause damage or conditions that can prove fatal.
Surgeons are aware that the IVC filters are potentially dangerous, prompting the creation of removable filters. The removable filters may be safer, but they can be difficult to remove. Some patients have been put under only to wake up and find out that their filters are still in place due to difficulty in their removal. To avoid complications during the removal process, some doctors choose to leave these removable filters right where they are. In fact, it has been reported that only about 1/3 of those filters that are implanted end up being removed. The longer the filter is left in the body, the harder it is to get it out.
Three Categories of Complications
There are procedural, retrieval and delayed complications associated with the use of IVC filters.
Warnings from the FDA
An official communication was released by the FDA in 2016 to medical professionals who utilize IVC filters. There was also a communication given to patients who had the filters implanted. The governmental body had determined that the filter should be considered for removal once a patient was not considered at risk for pulmonary embolism. The agency stated that removal should be considered between days 29 and 54 after implantation.
The FDA decided that removal of the filter during this time frame would help to eliminate complications such as difficulty in removal, filter fracture and filter migration. Manufacturers of the devices were ordered to research the use of the filters and to collect data regarding their efficacy and complications.
IVC Filter Recalls
IVC filters have been recalled in 2005, 2013 and 2018. The recalls have been issued for different reasons. The latest was considered to be urgent in nature, advising Boston Scientific to cease use of their Greenfield Vena Cava Filter immediately. The recalls listed possible adverse health conditions as its reason.
A woman in Georgia was recently awarded more than $3 million in a lawsuit stating she suffered complications after having an IVC filter manufactured by C.R. Bard, Inc. implanted. It was the first of over 3,500 lawsuits filed in Arizona to be heard in court. It is expected that other lawsuits will follow this path and compensate patients who have been injured by the filters, their implantation or their removal.
Alternatives to IVC Filters
Like many medical procedures, there are alternatives to having an IVC filter implanted. Any patient who is told they need one of these filters should explore all their options before consenting to the procedure. Some patients have been able to avoid implantation by making lifestyle changes and taking certain prescription medications.
If an IVC filter is the only viable option, a patient should know the complications to watch for and when to contact their doctor. There should be a plan in place for the removal of the filter. Patients are urged to remember that they are their own advocate and need to speak up if they have questions about IVC filters and alternatives.
Call Our Office Today
If you have had an IVC filter implanted and sustained injury or suffered with complications , please reach out to our office. Our experienced team of attorneys will review the details of your case and advise you of your legal options. Your first consultation will be held at no cost to you and we will help you make decisions appropriate to your situation.
If you live in the beautiful states of North Carolina or South Carolina, there is a high probability that you have a car and use it to get around. Whether it’s to work or taking your kids to school or soccer practice, getting around most of the cities and towns across the Carolinas is done by licensed drivers that have their own vehicle. Sure there are options for people that don’t have their own transportation. Car pooling, taxis and ride sharing applications make it possible for people to get around and if you are lucky enough to live in a city that has public transportation, that option may also work. However, most of us drive and driving is a privilege, not a right and that is why it is so important to be a good driver and to always know the ramifications of poor driving decisions may result in the loss of your license.
Most states including the Carolinas use a point system to determine when someone’s license should be suspended or revoked. Typically there is a threshold for how many points a driver can have before being penalized with the loss of their license. Depending on your driving history and what you do behind the wheel of your car, losing your license can be for a short amount of time and in some serious cases some people can lost their license forever. Besides impacting your actual legal ability to have a license to drive, points against your license can affect your car insurance rates and even your ability to get a job. Most people have the obvious desires to avoid accidents, and tickets but accidents and tickets aren’t just problems for your wallet or safety. So many points on your license in a certain amount of time will very likely result in changes to your legal ability to have a license.
If you are fortunate enough to not have a driving record that has resulted in points on your license, you should be proud of that and you should try to keep up the good work. Unfortunately many people can’t say that they have do not have any points are on their license. Many of those people do not even know the amount of points that they have accumulated. That can be very problematic if you are on the edge of having so many points that another incident or ticket will result in a suspension. If you are one of the many people that don’t know how many points are on your license, finding an up to date record is very easy, quick and it is free. All you need to know if your license number and other personal info such as your date of birth or social security number.
The following links will lead you to official state provided resources that will help you find out how many points are on your license:
North Carolina – https://edmv.ncdot.gov/MyDMV/MyDMVAccount/Login
South Carolina – https://www.scdmvonline.com/Public/Authorization.aspx
Follow those links to the DMV for your state, follow the directions and log in to find out this very important information. It is a good idea to check this info out from time because errors can occur and making sure that the information tied to your license is accurate is very important and can save you trouble in the long run. Also knowing this information may motivate you to become a safer driver and there is nothing wrong with that.
Auger & Auger is an established law firm that limits its practice to serious motor vehicle accidents and personal injury matters. If you or someone you know has been injured in North Carolina or South Carolina, please call toll free 1-800-559-5741. A case evaluation will be provided to you at no cost.
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One of the most common questions we hear relates to civil liability and the question of whether or not there is a valid case against another driver that may have caused the accident but was not ticketed at the accident scene. A lot of people think that the driver that caused their accident should always receive a ticket. They wonder if that person does not get a ticket, does that mean that they do not have a valid case against them. The answer is no. There does not have to be a citation against the other driver that caused the accident for you to be able to have a successful personal injury claim against the driver and their insurance company. Many times we see Charlotte, NC car accidents where an at-fault driver clearly causes an accident but does not receive a citation. There are multiple reasons for this kind of situation. Typically it is the fact that the officer may not have enough evidence or there is no witness to verify the necessary facts that would warrant a ticket. Additionally the officer that responds to a motor vehicle accident scene generally does not witness the accident and they may have limited information to be able to make the determination on whether or not a driver receives a citation.
It is generally up to the discretion of the police officer to make the decision on whether or not someone is cited for contributing to a motor vehicle accident. Speaking of North Carolina car accidents and citations, we see that some jurisdictions or branches of law enforcement cite drivers more often than others. For instance when we evaluate car accidents reported by the NC State Highway Patrol, more often than not we see the person that is considered to be the cause of the accident receive a citation. Every accident case is different so there is no exact formula that suggests the criteria required for the writing of a ticket against the driver you consider to be at fault. If you are involved in a car accident and the other driver did not receive a citation you may very well have a valid case against that driver.
Please feel free to contact our office for a free evaluation of your motor vehicle accident. We can help you get your accident report and we will help you understand it as well. Drive safely North Carolina.
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A runaway bull recently caused a serious pileup in California. It’s fair to say that you don’t expect to see a bull on the road in Charlotte, but stranger things have happened, right? Even if you hit something a bit smaller, say a deer, you still need to know how to react. For most people, hitting an animal is a shock. There is an immediate rush of adrenaline and a bit of momentary panic. Many people wonder how to react when they strike an animal in the road. If it happens to you, here’s what to do.
The first thing you want to do is to stop your vehicle. If it is safe to do so, get out and check for any damage. Take pictures of the scene, the damage you’ve incurred and the animal if it is still on the road.
Unless someone is injured or you don’t know your exact location, it is not necessary to call 911. Instead, call the non-emergency number for the local police department and report the accident. Ask the police dispatcher if you are required to stay on scene and follow the instructions you are given. In some areas and depending on the type of animal you hit, the police may want to respond to the scene to complete a report.
If you have hit a wild animal, keep your distance. Your approach may be enough to frighten an animal that has only sustained minor injuries back off of the road. Keep in mind that an injured animal is likely to bite or scratch to defend itself. Do not touch a wild animal.
If you believe that you have hit someone’s pet and it is safe to do so, look for a collar and identification tag. Contact the owners if you can. If there is no tag and the animal is injured, contact the police if you haven’t already. They may be able to respond and transport the animal to a local veterinarian. Alternatively, if you believe that you can do so safely, you can transport the animal.
If you’ve got damage to your car, get a couple of estimates to see how much it will cost to fix. It may be affordable and fixing it out-of-pocket may make more sense than filing a claim. If the damage is extensive, filing a claim can help ensure that the necessary repairs are made.
Hitting an animal in the road can be a frightening experience. Sometimes hitting an animal is unavoidable and swerving is almost never a good idea. Know that it was an accident and take the proper next steps.
If you are involved in an accident with another vehicle in Charlotte, you may have the right to compensation for injuries and property damage. Reach out to our team of experienced auto accident attorneys for assistance in recovering the damages you are entitled to. Your first consultation is free.
As people start planning for their summer vacations, many are considering a road trip. Maybe you have a fear of flying or perhaps you think that a few days in the car will be a great family-bonding experience. No matter the reason, mapping out your road trip is one of the most important things to consider when you are making your plans.
There is always a bit of risk to driving, but some locations may be more dangerous than others. If you will be driving through a single state or across several, plan your route with safety in mind. Here are five of the most dangerous states for driving.
Most people wouldn’t think of Montana when they think of dangerous drivers. After all, the state is fairly wide open. However, the state sees just more than 2 fatalities for every 100 million miles driven. It is thought that the high fatality rate is due to the fact that residents of the state drive for longer stretches than people in other states. Studies have shown, interestingly, that the state was safer to drive in before the 1990s when set speed limits were put in place.
For every 100 miles driven, there are approximately 2 fatalities. It is estimated that at least half of the roads in the state are in ill repair. Bad roads and drunk driving are the leading causes of car accidents. Unlike Montana, Louisiana is a fairly small state with a large population, putting more people on the road at any given moment.
There are 1.86 road fatalities for every 100 million miles driven. A GMAC survey showed that the state is in the bottom ten when it comes to knowledge of traffic laws. This may be contributing to accidents throughout the state.
Following closely behind South Carolina is West Virginia with 1.82 fatalities for every 100 miles driven. The state is full of mountains, making driving a problem for people, especially those not familiar with the twisty terrain. Because the state is also coal country, drivers can expect to see heavy equipment and big trucks dotting the roadways at any time of the day or night.
There are 1.81 fatalities on the roads for every 100 million miles driven. This state comes very close to tying West Virginia, making them nearly equal in risk. No studies have shown just why Arkansas is so dangerous, but anyone on a road trip through the state should keep a lookout for unsafe drivers.
It’s fair to say that an accident can occur in any state, not only those that have made the list. If you are taking a road trip, be sure to make frequent stops to stretch your legs and regain your focus, and always make sure that you stop for the night to keep your body’s natural sleep rhythms intact.
We are proud to say North Carolina is not in the top 5, but our roads can still be dangerous. If you are in an accident in Charlotte, reach out to our experienced auto accident attorneys. We will review the details of your accident and advise you of the options available to you.
If the competition for worst drivers is between teenagers and seniors, teens lose. Drivers who are between the ages of 16 and 19 are three times more likely to cause a car crash than drivers 20 and over.
Seniors get a bad rap when it comes to driving. Teens do as well, but it is more deserved. According to the United States Census Bureau, teenagers are responsible for just over 12 percent of all car accidents in the country. Seniors are responsible for just over 7 percent.
Sorry guys, but women come out as better drivers statistically. Men are more likely to be charged with driving under the influence, be cited for a traffic violation and cause an accident than women. That said, it’s important to know that men also clock more miles on the road than women.
Men are surpassed by women when it comes to which gender holds the most licenses, but men drive up to 40 percent more each year. Some people surmise that men get into more accidents because they drive more aggressively than females. This, of course, is only based on conjecture.
Bicycle versus vehicle accidents are particularly dangerous for cyclists. The power of being struck by a vehicle can send a cyclist through the air, causing a serious impact when they land. Statistics show that while cyclists are more likely to get into an accident than a vehicle driver, both are equally responsible for causing the accidents.
Only a third of reported bicycle accident involve cars. A cyclist is more likely to fall, be attacked by a dog or crash due to poor road conditions than be struck by a car. Most bike accidents, in fact, have to do with road conditions, poor signage and a lack of bike lanes.
While there may be drivers who are more statistically likely to cause a crash, anyone can be a danger behind the wheel. It is in the interest of everyone on the road for those operating vehicles to do so with safety in mind. Staying focused, obeying the rules of the road and driving for road conditions can go a long way in keeping you out of harm’s way.
If you do happen to be involved in a vehicle accident in North Carolina, you may be entitled to damages and compensation from the at-fault driver’s insurance company. Reach out to our experienced team of auto accident attorneys to schedule an appointment for a free case evaluation. We will review the details of your accident and advise you of your legal options.