Wilmington, North Carolina Personal Injury Blog

Back-over deaths occur when a driver hits and injures another person while backing up. Tragically, the victims in these types of accidents are most often children under the age of 5 and adults over the age of 70. Many of these accidents occur in the driveways of residential neighborhoods and most often involve a family member of the victim. Eleven children nationwide have already lost their lives as a result of back-over pedestrian accidents this year - the danger is ever-present in each state, including North Carolina.

Possible Reasons for Back-Over Death Increase

The rise in deaths related to back-over injuries may stem from a change in the types of vehicles that are traveling on our roads. Today many families own SUV's, trucks and mini-vans. These types of vehicles are likely to have large blind spots in which drivers cannot see what is behind them, especially when small children are playing behind a vehicle. In a recent example of these large blind spots, a safety advocate placed 62 children behind an SUV. The driver of the SUV could not see the 62 children while seated in the driver seat of the vehicle.

Recently the U.S. Senate approved a highway transportation bill, which among other things, mandates the use of electronic onboard recorders (EOBR) on commercial trucks. An EOBR is a device that records information about the operation of commercial trucks on roads across the country, including those here in North Carolina. The hope is that the device will help enforce restrictions on hours of service for drivers and employers, and in doing so, prevent trucking accidents and save lives.

In accordance with the bill, commercial truck companies will have to install, use, and maintain EOBRs if they are not already doing so. In order to be in compliance with this new rule, the creation of a federal standard will take place for truck manufacturers, shipping companies and the drivers themselves.

The intent of the directive for the use of these devices is ultimately to increase driver safety and the safety of all those who share the roads with commercial trucks. Frequently, drivers exceed the maximum amount time allowed to drive in a single day or drive without taking the mandatory rest breaks. This disregard of the rules can have disastrous results, especially when it results in driver fatigue.

The Federal Motor Carrier Safety Administration recently announced that it has decided not to change its 11-hour shift limit for truck drivers. The agency was under pressure from other government transportation agencies and some members of the public to lower the cap to 10-hour shifts, in the interest of protecting other drivers on the road from fatigued truck driver accidents.

After all, truck driving is among the most dangerous jobs in the country, with over three thousand people dying at the hands of a truck. But how many did driver fatigue cause? Well, that's just another debate. Some claim almost forty percent, and others say only five.

Yet, the agency did make some changes that would lower some of the risk associated with truck driver fatigue. For example, truck drivers are now required to take 30-minute breaks and cannot work more than 60 hours in a seven day period and 70 hours in an eight day period. The agency's rule also requires that truck drivers have two consecutive nights off per week. In addition, the agency also requires that on the day the truck driver wishes to restart his or her work, the driver must wait until 6 a.m. to start driving again.

For the first time in eight years, there was an increase in teenage deaths due to car accidents during the first half of 2011. Deaths for 16- and 17-year-old drivers increased 11 percent during the first half of last year rising from 190 to 211 deaths. North Carolina was also among the states that saw a significant jump in teen car accident deaths.

Reasons for the Increase

Investigators blame several factors for the increase but believe distracted drivers and lack of sufficient education and training are the key issues. Patrols in North Carolina believe speed, passengers and cellphones are the culprits for the majority of the local teen accidents. And although many consider federal regulations to be key in making the roads safer for teens, there is also a strong conviction that rules and consequences need to come from within the home to really make an impact. Studies show that when parents are involved in a teenage driver's education, teens develop safe and respectful driving habits.

First it was drunk driving, then it was distracted driving and now it is drugged driving. It seems people don't just get in their car and drive anymore. Contrary to popular belief, marijuana does affect your coordination, concentration and reaction time. All of these impairments combine to make a car accident much more likely.

Studies have shown that drivers who have smoked marijuana within three hours of driving a vehicle are twice as likely to cause a car crash. The type of the vehicle did not noticeably impact the results of the study. The marijuana users were identified either by a blood test or admission at the time of the accident.

Marijuana limits your brain's effectiveness, impairs your coordination and slows your thinking. Studies have also shown a link between marijuana use and an increased rate of depression or anxiety. If drivers' reflexes are slowed to a point where they cannot react as quickly as needed, the result could be a severe or deadly car accident.

According to Tom Weir reporting for USA Today, Erin Andrews is the ESPN sports network's "most famous sideline reporter." Well, the most famous sideline reporter for ESPN is now suing the Marriott Hotel and her stalker, Michael Barrett, who filmed Andrews in the nude through a peephole in her hotel room.

Her lawsuit seeks millions for emotional distress, a species of tort law that falls under the personal injury umbrella of claims.

According to a new study by the Automobile Association of America, the likelihood of a teen driver being involved in a car crash during the first month of driving without supervision is 50 percent greater than after a year of driving independently.

After analyzing the data, researchers concluded that 57 percent of automobile accidents involving a teen driving during the first month of unsupervised driving were caused by three factors: failure to decrease speed, neglecting to yield and carelessness. Furthermore, the study found that new drivers' accident rates significantly decrease as their experience increases.

As Laura Miller writes for Becker's Orthopedic, Spine & Pain Management Review, "off-label" use of the Infuse bone graft medical device has caused serious complications in patients who underwent certain types of back surgery - leading some in the industry to make charges that Medtronic has a defective product on its hands, at least when it comes to off-label use.