Charlotte Injury Lawyer Blog

Earlier in the week, a North Carolina jury delivered a $10 million wrongful death verdict against Taser International for an incident that occurred in March 2008 where the victim was tasered after allegedly committing a variety of crimes. The jury determined that the manufacturer of the Taser device failed to warn that discharging the device into the chest and near the heart posed a substantial risk of death. During an unrelated incident on July 20, 2011, a Charlotte man died after being shot with a Taser during an arrest attempt. The arrest and cause of death are currently under investigation. The recent verdict and death has reignited the discussion regarding the use of the Taser device including the reexamination by the Charlotte Mecklenburg Police Department. The department has suspended the use of the device for 45 days to test the weapons to determine whether they are operating properly.

I discussed some of the issues that surface when injury or death arises out of the use of a product with FOX News reporter, Israel Balderas: $10 Million Verdict Against Taser Int'l Impacts Police Use.

Every day, we as consumers use products without incident. Unfortunately, sometimes even when a product is used as directed, injuries occur. As in the case of the 2008 Taser victim, the family is left to ask "why?" The answer is not an easy one and is often times left unanswered in large part because the consumer is uneducated on the steps necessary to preserve the evidence to find the answer. In any case involving wrongful death and serious injuries, including those arising out of the use of a consumer product, early involvement by counsel is important to preserve necessary information to help obtain the answers. This often times includes use of experts to collect data, photograph the scene, and preserve the product and any documentation investigating the injury or death.

Claims arising out of the use of a product may be based upon an improper design, manufacturing defect, a failure to warn or breach of warranty. A careful and early examination of all the facts and circumstances is important to determine what type of claim a consumer or injured person may have and what steps need to be taken to preserve evidence. If you have any questions and would like to know more, please feel free to contact me at Hull & Chandler, P.A.

As technology improves, motorcycles like other motor vehicles are becoming safer to operate. One of the most dramatic improvements in motorcycle safety concern upgrades in the braking systems. The changes started with BMW and other European manufactures who started implementing anti-lock braking systems (ABS) in 1989. By 2000, most if not all Japanese manufacturers began offering ABS. In 2008 Harley-Davidson started offering ABS.

A study by the Insurance Institute of Highway Safety (IIHS) was released in 2008 which supported the effectiveness of ABS in preventing motorcycle crashes and preventing fatalities as a result of motorcycle crashes.

The study by the IIHS begs the question, if motorcycles are safer, why are more injuries being reported? There are several factors which have resulted in more injuries. First, there are more motorcycles on the road than ever before. Motorcycle use is no longer limited to men under the age of 40. More than ever, women are taking to the road and many baby boomers have taken up riding as a hobby in retirement. The result is far more riders on the road today than even a decade ago. Second many of the new riders are inexperienced. David Parsons, president and CEO of AAA Carolinas, is quoted in a Charlotte Observer article "inexperienced drivers and a lack of safety training is behind the growing problem in the state". The article goes on to state that North Carolina motorcycle fatalities have increased 20% in 2010 compared to the same time frame last year. Third, North Carolina does little to regulate or motorcycle riders. As Parson states, "Mandatory safety education and road tests should be required for anyone operating a motorized vehicle, especially a two-wheeler, on public streets".

According to the Centers for Disease Control & Prevention, every day 32 people in the United States die in car accidents that involve impaired drivers. This is staggering when you consider every 45 minutes someone in this country is killed as a result of the careless and reckless actions of a drunk driver.

Although every driver is at risk, young drivers (between the ages of 21 and 24) as well as motorcyclists are more likely to be killed or injured as a result of a drunk driver. To understand the magnitude of the problem, you should consider the following statistics published by the CDC:

• In 2008, 11,773 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States.

• Of the 1,347 traffic fatalities among children ages 0 to 14 years in 2008, about one out of every six (16%) involved an alcohol-impaired driver.

• Of the 216 child passengers ages 14 and younger who died in alcohol-impaired driving crashes in 2008, about half (99) were riding in the vehicle with the alcohol-impaired driver.

• In 2008, over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. That is less than one percent of the 159 million self-reported episodes of alcohol-impaired driving among U.S. adults each year.

• Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are often used in combination with alcohol.

The effects of senseless acts can be devastating on the victims and their families. Fortunately in North Carolina, driving while impaired (DWI) is considered an act of willful and wanton conduct which allows victims and their families to pursue not only compensatory damages but also punitive damages through a civil lawsuit. The purpose of punitive damages is to send a message to the drunk driver and others in the community that in addition to criminal punishment the offender also faces civil punishment in the form of a monetary compensation to the victim.

The attorneys of Hull & Chandler, P.A. are committed to aggressively prosecuting civil claims against drunk drivers with a dual goal of compensating our clients and more importantly sending a message to offenders that drunk driving will not be tolerated by the drivers, motorists and citizens of North Carolina. If your life or the life of a loved one has been impacted by a drunk driver's careless actions in North Carolina, you need to contact an attorney who is experienced in handling civil cases against drunk drivers.

Tragically last Friday September 11, 2009 a young woman's life was cut short. Elena Bright Shapiro was driving her Hyundai when at approximately 8:30pm Dr. Raymond Dwight Cook driving his Mercedes hit her vehicle from behind. Cook was driving approximately 85 miles per hour in a 45 mile per hour zone and was driving while impaired at the time of the accident. Cook was transported to a hospital for treatment of minor injuries, but unfortunately Ms. Shapiro died shortly later at the hospital due to her injuries. Our condolences goes out to Ms. Shapiro's family and friends.

Although there can never be any amount of reparations that will even being to help compensate the family of Ms. Shapiro for the loss that they have suffered, North Carolina attempts to do so under their Wrongful Death Statute, presently codified at G.S. § 28A-18-2. This statute states in part, "(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefore, the person or corporation that would have been so liable, and his or their personal representatives or collectors, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony..."

This means that under the statute the legal representative of the estate may bring suit against any person who is responsible in causing the decedents death. Looking to the case at hand, it means that the legal representative of Ms. Shapiro's estate may bring a wrongful death claim against Dr. Cook or anyone else who contributed to Ms. Shapiro's death. However, unfortunately many people do not realize that they still have the ability to make such a claim on the decedent's behalf. In order to bring a wrongful death claim, an estate must be opened and a legal representative for the estate must be named by the Clerk of Court. It is important to note that simply being named as Executor in a person's will is not sufficient, and there must be a formal appointment by the Clerk. The statute of limitation to file a wrongful death claim in North Carolina is 2 years.

It is therefore important that you have a North Carolina personal injury attorney who is not only well versed in personal injury law, but also estate administration to assist you in any case that results in death.

The explosion that rocked a Garner, North Carolina ConAgra plant is being blamed on a gas leak. Now the victims devastated by the disaster are asking questions and want to know who or what caused this tragic disaster. Early indications form the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives traced the blast to a pump room where the gas leak occurred. It is being reported that contractors with Southern Industrial Constructors had been installing water heaters. The first lawsuit has been filed alleging negligence against the contractor.

It is important for employees and their families who were affected by the explosion to consult with a qualified attorney. Many employees might believe the only avenue of recovery to be a worker's compensation claim. However, if a third party is found to be negligent, such as the contractor alleged in the lawsuits, the victims can recover not only worker's compensation but other damages not generally available through the worker's compensation system.

Handling lawsuits and estates involving wrongful death proceeds can be somewhat more complex than a standard estate administration. Instead of relying on the law of the State of domicile for all matters it is important to look at the law of the State where the accident or injury occurred. Even where the accident or injury occurred in the same State as the Decedent's domicile, Statutes may trump the Decedent's Last Will and Testament.

In the case of a wrongful death, the laws of the State where the accident occurred may trump the State of domicile. For example, if a South Carolina resident were to die in a car accident in North Carolina, the laws of North Carolina would control the distribution of wrongful death proceeds.

In most estate administration matters the laws of the State where the decedent was domiciled control. For those that don't know, domicile is a person's legal home. Generally physical presence in the State and the intent to have that location be the person's home is all that is required to establish domicile.

Also, in almost all estate administration matters a Decedent may circumvent the intestate laws of the State by having a Last Will and Testament. The Will can establish the executor, guardian and beneficiaries of the estate but does not control who may receive wrongful death proceeds. In North Carolina the wrongful death proceeds are distributed based upon intestate succession and never become a part of the estate. This is useful in that the proceeds may not be subject to creditors but may distribute funds to individuals that had been otherwise disinherited by the Decedent's Last Will and Testament.

Different States have different intestate succession laws so an out of State wrongful death may result in considerably different distribution than if the same accident occurred within the Decedent's home State. For example, in North Carolina, where there are no children the surviving spouse of a Decedent would have to share the proceeds with the parents of the Decedent but, if the incident occurred in South Carolina, the surviving spouse would receive all of the proceeds.

These rules apply regardless of whether a settlement is reached with the insurance company or a lawsuit is filed. While the establishment of an estate may be required to bring a lawsuit on a wrongful death, the distribution Statutes will still control.

It is important that you have an North Carolina personal injury attorney competent in both personal injury and estate administration assist in any accident that results in a death.

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