North Carolina Personal Injury Law Advocate

Lawsuits and Auto Safety Innovations

michele@deutermanlaw.com (Michele Cybulski) — Thu, 02 Sep 2010 08:11:30 -0500

Many of the safety features now standard in cars are there because of the work of attorneys who advocate for consumer safety.

The American Association for Justice has an eye-opening report about how lawsuits filed on behalf of injured people and their families have resulted in such auto safety innovations as air bags, side impact protection and electronic stability control, to name just a few.

The graphic below shows how lawsuits against automakers have made our vehicles safer. An interactive version of the graphic is available on AAJ's web site. There, when you roll over the numbers, you'll see pop-up explanations of safety improvements with information on the lawsuits that led to them.

Check Out Your Doctor's Discipline and Malpractice Record

dan@deutermanlaw.com (Dan Deuterman) — Tue, 31 Aug 2010 12:12:33 -0500

Ever wondered if your doctor has been disciplined by the state medical board or been sued for malpractice?

The Chicago Tribune has a great article on how to check out your doctor. Some of the Web links in that article won't apply, as they're specifically for physicians practicing in Illinois, but the tips are useful nonetheless.

Unfortunately, there's no single clearinghouse for information about physicians and their competency, as this article notes. But with a little online research, you can find out a lot about the person who is overseeing your medical care.

It's a good idea to run a quick background check on your physician through the state medical board's Web site. It pays to be an informed consumer, in all instances. Before buying a car, most of do a little research to make sure we're getting the best deal and a safe vehicle. We certainly take a test drive and kick the tires before committing to buy.

When you're buying health care, you ought to take the same precautions. This is your health, after all.

Here are a few easy ways to check out your physician:

Verify that your doctor is board certified with the American Board of Medical Specialties at abms.org. The online service is free but requires registration.

For a fee, search the Federation of State Medical Boards, at www.docinfo.org, to learn if a doctor has been sanctioned by any medical board in the U.S.

Google your doctor's name. Advocacy groups and individuals sometimes post their medical experiences, good or bad, on Web sites and blogs. This information should be taken with a grain of salt because it is based on personal experiences and typically has not been investigated.

In North Carolina, you can search the N.C. Medical Board database to see if your physician or nurse practiioner is licensed to practice medicine in the state. This database will also tell you if your health care professional has ever been disciplined by the board, if he or she has any malpractice settlements over $75,000 and if the doctor has ever been convicted of any crime.

If you doctor practiced in other states before moving to North Carolina, it's a good idea to check the medical boards in those states for any disciplinary actions. You can pay to search the Federation of State Medical Boards or access each state's medical board directly through this online directory.

Sharing the Road - Safety Tips for Cyclists and Drivers

dan@deutermanlaw.com (Dan Deuterman) — Mon, 23 Aug 2010 11:29:38 -0500

Tomorrow, Grayson Dawson of Eden is set to plead guilty in the hit-and-run death of cyclist David Sherman.

Sherman's death and the circumstances surrounding it have brought a lot of attention locally to cyclists rights and the dangers facing cyclists on our roadways. That's one positive that has come from this horrible tragedy.

According to the League of American Bicyclists, close to 800 cyclists are killed every year and another 43,000 are injured every year in crashes with motorists. These types of bike deaths and injuries are far too common -- and most are preventable.

Just last week, 27-year-old Ronald Wayne Branch Jr., died after his bike was hit by a car. The car's driver, James Jerome Bridges of Eden, has been charged with felony hit and run and misdemeanor death by motor vehicle.

According to news reports in the News & Record:

According to witnesses, Ronald Wayne Branch Jr., 27, of Lee Street, was riding his bicycle south on Bird Street [in Ruffin] and was struck by a 1992 Nissan at Maryland Avenue.

The motorist failed to stop and continued driving east, fleeing the scene. Branch was taken to Morehead Memorial Hospital where he was pronounced dead on arrival.

Officers said alcohol did not appear to be a factor in the incident. Branch was wearing dark clothes and no helmet, and witnesses said he neglected to stop at a stop sign,

It's time that we all get serious about cyclist safety and sharing the road. This applies whether you're pedaling or behind the wheel.

Here are some tips from Greensboro Department of Transportation on sharing the road:

For cyclists:

All traffic laws apply to bicyclists:
- Stop at red lights
- Yield right-of-way
- Signal when turning
- Ride on the road in the same direction as traffic
Wear a helmet.
At night, wear reflective clothing and use bicycle lights.
Ride on the right side of the road, but stay away from the edge of the pavement.
Avoid riding on sidewalks. At driveways and street crossings, motorists may not see you on the sidewalk until it's too late.
Pass on the left.
Watch for cars turning into bike lanes.
Obey signs that prohibit riding (such as on interstate highways).

Look for bicyclists before turning and before opening doors.
Do not overtake a bicyclist before making a right turn. Instead, slow down, merge, and then turn.
Do not assume that a bicyclist will ride as far to the right as possible. Good cyclists ride about three feet from the edge of the road, which makes them more visible to motorists and gives them space to maneuver around road hazards.
Allow bicyclists to enter your lane to make a left turn.
Remember that bicycles are vehicles and are allowed to ride on the roads.
Do not drive or park in bike lanes. You may, however, cross them when turning or exiting a legally assigned parking space.

Additional tips for cyclists are available here, here, here and here. SafeGuilford has links on how to choose and fit a bike helmet.

Drivers should check out these links: Yield To Life, the Bike League and the UNC Highway Safety Research Center.

Remember to Drive Safely When Part of a Caravan

michele@deutermanlaw.com (Michele Cybulski) — Tue, 17 Aug 2010 14:11:37 -0500

We were saddened this week to hear the news of two North Carolina students who were killed in a car accident this week on their way to a college orientation program. One of those who died was Arielle Parker, a promising, talented and much loved young woman from Greensboro.

The students were traveling in a caravan when the accident occurred, with one car following another to a ropes obstacle course near the Wingate University campus. Driver Mishawn Miller, who also died, ran a stop sign and the students' car was hit by an oncoming grain truck. Two other students in Miller's car were injured.

It's not clear from news reports what caused Miller to miss the stop sign, but residents who live near the scene of the accident say it's a dangerous intersection. They've called for better signage and other safety features to prevent future accidents.

One lesson from this tragic story is that we all need to be more attentive drivers. We're not going to speculate about what went on in Miller's car and what might have caused him to miss the stop sign at the intersection.

But we do know from personal experience that it's easy to make mistakes when you're driving as part of a caravan and when you have lots of passengers in the car with you.

Think about the last time you were following someone else to an unfamiliar location. Were you as focused on following safe driving rules and the traffic around you? Or were you more concerned with losing sight of the caravan leader and getting lost?

I'd bet that we've all taken some unnecessary risks -- speeding through a yellow light, perhaps? -- to keep up with another car. So dangerous.

I found an article on convoy safety that is aimed at members of car clubs, but some of the tips are useful to any of us who find ourselves following along behind someone.

Make sure every driver has directions to where you're going. These days, many drivers have GPS systems in their cars. Or you can print directions from Google Maps.
Treat stop signs and stop lights as you would if you weren't traveling in a caravan. Come to a complete stop at stop signs and check for oncoming traffic before proceeding through the intersection. Don't try to "make the light" just to keep up with the driver in front of you.
If you're leading a convoy or caravan, pay attention to the car behind you. Pace your speed to that car's speeding. If the person following you falls behind or off course, find a safe place to pull over so he can catch up.
Signal all turns early and relentlessly.
Favor the right (slow) lane when on a four-lane highway.
Use common sense. Drive as though you are an individual following a planned route and map, rather than a participant of a group.

Remember, while getting lost isn't fun, it's much better than losing your life or taking someone else's through unsafe and inattentive driving.

DLG withdraws support for HB 813; compromises could be harmful to injured people

dan@deutermanlaw.com (Dan Deuterman) — Mon, 14 Jun 2010 14:16:36 -0500

We recently asked you to write to your state senators in support of legislation that would change how automobile accident claims and other personal injury cases are handled in court.

While we still believe that North Carolina's use of contributory negligence in personal injury cases is antiquated, harsh and punishes injured people, we can no longer support the version of HB 813 now being debated by state lawmakers. Quite simply, some the the provisions that have been added to the bill as it has made its way through the N.C. General Assembly do not protect the interests of injured people.

So, we must join the N.C. Advocates for Justice in withdrawing our support for HB 813.

As a law firm that advocates for injured people, we still believe that North Carolina must move away from contributory negligence and toward comparative fault in these cases, the compromise bill currently proposed sacrifices too much

North Carolina is one of only four states that allow the doctrine of contributory negligence as a defense in auto accident and other personal injury cases. Contributory negligence is a harsh and outdated way of denying help to people hurt in accidents. Under current law, if you’re even 1 percent responsible for an accident, you CANNOT recover damages from the person who injured you, even if that person is 99 percent at fault.

The original HB 813, which we supported, sought to correct that injustice by switching from contributory negligence to comparative fault. Under the comparative fault doctrine, juries determine how much fault lies with each party in the accident and then award damages based on those percentages. The injured party is allowed to recover only that percentage of damage caused by the other person. Under the much fairer comparative fault standard, an injured person would still be able to collect a percentage of an insurance settlement to cover medical bills and compensate for injuries. Now, these victims get nothing.

SUPPORT BILL HB 813 - for injured people

dan@deutermanlaw.com (Dan Deuterman) — Tue, 08 Jun 2010 09:29:49 -0500

State lawmakers are preparing to vote on legislation that will impact anyone who is hurt in a car accident or suffers a personal injury that is someone else’s fault.

North Carolina is one of only four states that allow the doctrine of contributory negligence as a defense in auto accident and other personal injury cases. Contributory negligence is a harsh and outdated way of denying help to people hurt in accidents. Under current law, if you’re even 1 percent responsible for an accident, you CANNOT recover damages from the person who injured you, even if that person is 99 percent at fault.

HB 813 seeks to correct that injustice by switching from contributory negligence to comparative fault. Under the comparative fault doctrine, juries determine how much fault lies with each party in the accident and then award damages based on those percentages. The injured party is allowed to recover only that percentage of damage caused by the other person. Under the much fairer comparative fault standard, an injured person would still be able to collect a percentage of an insurance settlement to cover medical bills and compensate for injuries. Now, these victims get nothing.

It could happen to you or someone you love.

Imagine that you’re driving home after picking up your child from school or coming home from a dinner date with your spouse. You have the green light, but just as you’re crossing through the intersection, another car runs the red light. You see their headlights and you know the other driver isn’t going to stop. But in the nanoseconds leading up to the crash, you don’t swerve and you don’t blow your horn. Because all you can think about is your loved one.

The other driver’s insurance company will argue that because you saw the car coming, and didn’t do anything to prevent the collision, you were partially at fault for the accident. Because of contributory negligence, that’s enough to kill your claim and leave you saddled with medical bills resulting from the crash. All while the other driver’s insurance company gets off scot-free.

How little can 1 percent be? In North Carolina, insurance companies have used contributory negligence to deny auto accident claims because the injured person:

Failed to honk when passing another vehicle that sideswiped them
Failed to look both ways when passing through an intersection with a green light and then was T-boned by another car whose driver ran a red light
Failed to slam on the brakes in the seconds before another car slammed into theirs

Though someone else was clearly at fault in each of these examples, the victims weren’t able to collect insurance payments for their injuries because they were slightly responsible for these accidents. Does that seem fair?

We don’t think so either. That’s why we’re asking you to call, email or write your elected officials in the N.C. Senate and tell them to SUPPORT HB 813! The bill has already been approved by the state House, and the state Senate is expected to vote on the measure during the current session of the North Carolina General Assembly.

It’s very important that you let your state senators know how you feel and how you want them to vote on this bill. The insurance industry is lobbying them aggressively to keep the current doctrine of contributory negligence. They’re twisting the facts, spreading misinformation and spending thousands every week on an advertising campaign aimed at killing HB 813.

You may have heard their radio commercials claiming that automobile insurance rates will go up if the proposed legislation becomes law. That’s simply not true. Insurance lobbyists are distorting the truth to protect their industry's profits at the expense of what's fair for everyone.

FACT:
Before neighboring states South Carolina and Tennessee switched from contributory negligence to comparative fault, auto insurance premiums were much higher there than in North Carolina. Since the change, premiums in those states have increased at a much slower rate than premiums in North Carolina.

The insurance companies also assert that more accident claims will be paid if this new law passes. We certainly hope that’s the case because accident victims in North Carolina have too long been denied fair compensation for their injuries. It’s important to remember that with comparative fault, victims won’t be getting money they don’t deserve. Insurance settlements will be determined by each person’s level of fault.

Victims finally will be getting the justice they deserve after more than a century of unfairness under contributory negligence, a standard designed to protect insurers at the expense of suffering people.

Finally, we have a chance to protect the victims of personal injuries.

Please, contact your elected officials today and ask them to support HB 813. Tell them that current law is too harsh and needs to be reformed. You’ll find contact information for North Carolina’s state senators at the end of this letter. You can learn more about the fight for fair justice in North Carolina by visiting www.fairjusticenc.com.

Thanks for your help in passing this much-needed reform that protects injured people. This is a law that could impact all of us

Tell Your State Senators to Vote for HB 813

dan@deutermanlaw.com (Dan Deuterman) — Mon, 24 May 2010 09:38:52 -0500

The N.C. General Assembly is considering important legislation that will impact anyone who is hurt in in an automobile accident or suffers from a personal injury.

We need you to call, write or email your state senators as soon as possible and tell them to support HB 813, which would change the standard in personal injury cases from contributory negligence to comparative fault.

We'll be writing more about this issue in the coming days, but here's a quick primer on what's at stake, courtesy of North Carolina Advocates for Justice.

All of us expect our civil justice system to be fair, but in North Carolina it's not. Unfortunately, insurance lobbyists want to keep it that way with empty scare tactics.

Our state is one of only four that clings to contributory negligence, a harsh and outdated way of denying help to people hurt in accidents. Under "contrib," even if you are only 1% percent responsible for an accident, you cannot recover damages from someone 99% responsible.

Comparative fault, used in 46 states, allows people to recover damages from those most responsible for causing an accident. It's a fair system that does not mean a rise in premiums.

The bipartisan House Bill 813 aims to introduce comparative fault as the new and improved law of the land. But insurance lobbyists are trying to stop this change by distorting the facts. Unlike what insurance lobbyists say, neighboring states with comparative fault have seen premium rates slow down.

Follow this link to find out who represents who in the state senate and how to get in touch with them.

Denied Social Security Disability Benefits, Cancer Patient Continues to Work

bsb@deutermanlaw.com (Benjamin Burnside) — Fri, 14 May 2010 10:07:23 -0500

Yet another sad story of how the Social Security disability backlog impacts lives.

47-year-old Heather Russell was diagnosed a year ago with Stage IV cancer and applied for Social Security disability benefits. She was initially denied benefits, and so kept working at her job at Home Depot despite the toll the end-stage cancer was taking on her.

Russell died before receiving Social Security Disability benefits. And it wasn't until a few weeks before her death that her family learned that her claim likely could have been expedited because of her terminal condition.

It wasn't until recently, with the help of staff from Congresswoman Carol Shea-Porter's Dover office, that the Russells learned Social Security provides "compassionate allowances," according to the agency, in order to "quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly."

But Heather Russell received no compassionate allowance. And she died while her Social Security Disability claim was mired in red tape.

Russell's family says that her final months could have been so much easier had her disability benefits been approved. She wouldn't have had to continue to work and to worry about how to pay her rent and other bills.

Heather Russell's story is a sad reminder of why the Social Security Disability system is sorely in need of reform.

Workplace Injuries Twice as Likely Among Younger Workers

dan@deutermanlaw.com (Dan Deuterman) — Wed, 12 May 2010 09:55:11 -0500

Going to work can be especially dangerous for younger workers.

Because of their inexperience, the types of jobs they're in and failures by employers to provide adequate safety measures and training, this group "face high risk of injury while on the job,” according to a new study by National Institute for Occupational Safety and Health (NIOSH) and published in the Morbidity and Mortality Weekly Report.

From 1998-2007, younger workers experienced approximately twice as many nonfatal occupational injuries as older workers, and employers must make changes in workplace environments and practices to protect this population, according to the April 23 Morbidity and Mortality Weekly Report.

The report also has some interesting findings about workplace fatality rates among older and younger workers and Hispanic workers.

Tips for Preventing Workplace Injuries for Workers and Their Employers

dan@deutermanlaw.com (Dan Deuterman) — Mon, 10 May 2010 09:42:16 -0500

The N.Y. Department of Health has some good tips for preventing workplace injuries for employees and their employers:

Employers should

* Review laws that apply to your worksites to ensure you are in compliance
* Work with workforce representatives to develop health & safety programming as needed
* Invite a site visit from an occupational health expert to make health & safety recommendations
* Offer medical screenings
* Host in-house workshops/training sessions for workers, focused on preventing work-related illness and injury
* Form/Join/Support health & safety committees
* Host a workplace health & safety fair with demonstrations, displays and more
* Distribute health & safety information regularly, along with appropriate protective equipment to employees

Employees should

* Work in a safe manner wearing your appropriate protective equipment
* Know your rights under state worker compensation laws
* Form/Join a health and safety committee and communicate with its representatives about workplace concerns and issues
* Bring to the attention of health & safety committees/employers/coworkers potential worksite hazards needing elimination
* Participate in medical screenings, trainings, workshops and other activities offered by employers or labor unions
* Exercise your right to appropriate protective equipment, procedures and training and follow the policies and procedures necessary to prevent injury or illness from these hazards
* Distribute health and safety information to co-workers
* Write a letter to a local newspaper/area legislator/policy maker describing in your own words why workplace health and safety is important

To that list, we'd also add that employers should ensure that they have proper workers' compensation coverage for all employees, as required by law. And workers should report all work-related injuries and illnesses immediately so that they can be fairly compensated and so that safety problems can be resolved immediately.