North Carolina Personal Injury Lawyer Blog

BLINKERS! Not using them is causing more than 2 million accidents every year, according to researchers with the Society of Automotive Engineers. Their studies show that drivers who aren't using blinkers cause more than double the number of distracted driving accidents every year.

According to MSNBC, a recent survey revealed that drivers fail to use their turn signal approximately 50 percent of the time when switching lanes and about 25 percent when making turns. Drivers are neglecting to use these devices about 2 billion times every day and are contributing to millions of car accidents in Gaffney and elsewhere every year.

In fact, drivers fail to use their blinker more than 700 million times every year. Why? Some believe it's because of a lack of courtesy. Some say that it's just sheer laziness. And others even say that it's just bad driver training. Whatever the reason may be, it's a serious problem on our roadways, says the Secretary of the U.S. Department of Transportation (USDOT), Ray LaHood.

Our Gaffney car accident lawyers understand that the use of turn signals is a roadway law, just like stopping at a stop sign or stopping at a red light. Still, far too many drivers neglect to use them. Predictive driving is one of the keys to helping to prevent car accidents. Now, researchers are looking into the problem, looking at how it affects our roadway safety and looking at ways to fix it.

"This is a first of its kind report on a subject that amazingly, has never been studied," said Richard Ponziani, P.E., President of RLP Engineering.

Turns signals have been found to be the some of the most effective, ubiquitous and simple ways to prevent multi-vehicle accidents. But, drivers across the nation are making unannounced movements in traffic, many times directly into other moving traffic. Failing to use a turn signal is just as bad as running a red light or speeding through a stop sign, according to federal law.

So why aren't drivers using these devices? Many say it's because there's a lack of enforcement from police officers nationwide. Many would say that officers are more focused on drivers' disobedience toward other laws, like running red lights, speeding and other aggressive driving habits. That's okay though, because researchers have come forward with an easy and inexpensive fix. It's the "Smart Turn Signal." This device would work much like the seat belt warning system. A bell would ding if a driver left their blinker on long after a turn or if the system senses that the driver isn't using the vehicle's blinker as it should. This "Smart Turn Signal" system was designed to be less expensive than the currently blinker alert system and it's also been proven to be more effective.

It's just a friendly reminder that could help to prevent car accidents on roadways across the nation.

It's National Distracted Driving Awareness Month 2012. Every April, safe driving advocates across the county, our Asheville injury lawyers and the National Safety Council (NSC) work toward a common goal of trying to reducing the number of distraction-related car accidents in North Carolina and elsewhere. The time has come again, to raise the awareness and to help make our roadways safer for everyone!

A recent article applauded Chapel Hill, North Carolina for being the very first town council to enact a complete ban on all cell phone use for all motorists. Hands-free devices are even covered in this ban. That's not all. Motorists are also banned from using on-board wireless systems, which is also a first-of-its-kind measure. There are many areas throughout the country that ban on certain distractions for only a group of drivers. The town council of Chapel Hill has gone forth with banning all electronic devices from all drivers in an attempt to help to cut down the risks of distraction-related car accidents.

Our North Carolina injury lawyers understand that a number of studies have concluded that hands-free devices are no safer than hand-held devices. Many safe driving advocates believe that the only way to make our roadways safe and distraction free is to enact laws banning all of these behaviors. That's exactly what the town council of Chapel Hill had in mind. Drivers need to keep their eyes and their mind on the road, with minimal distractions.

"In passing a total ban, Chapel Hill has taken a significant step toward making their roads safer," said Janet Froetscher, president and CEO at NSC. "We praise Chapel Hill for this action. It will save lives."

A number of studies have indicated that the human brain is actually incapable of processing two demanding tasks at once, like using a cell phone and driving. Many drivers, especially more experienced ones, think that they're able to complete both of these tasks, without compromising their safety behind the wheel.

In honor of the new Chapel Hill law and in honor of National Distracted Driving Awareness Month 2012, we are asking all motorists to take the pledge and to vow to drive distraction free. We're not just asking for a month of it, we're asking for a lifetime of safe driving habits.

The National Safety Council urges the following pledge:

-Vow to stop using electronic devices while driving, including cell phones, text messaging devices and other electronics.

-If you call someone who is driving and they answer, let them know you'll be happy to continue the conversation once they're stopped and safe.

-Talk with friends and family about the risks associated with distracted driving. Get the word out there!

"We owe to those whose lives have been lost to take a stand. Speak up when someone calls you while driving or uses a phone while driving with you in the car," says Jacy Good of FocusDriven.

Nowadays, teenagers are attached to their phones. With the technology these days, it's like a hand-held computer. You can do virtually anything with the touch of a button. Phones can not only make phone calls and text message, but they can access the internet, communicate through social networks, play games and much more. Not one of those things is beneficial when your teenage driver is behind the wheel of a motor vehicle. According to the AAA Foundation for Traffic Safety, a recent study into teen drivers discovered this technology is the number one distraction, significantly increasing their risks for an accident in North Carolina.

The AAA study looked at the driving habits of 50 North Carolina families. After searching through six months and 8,000 clips of video from in-car cameras, researchers concluded that nearly 10 percent of the time teen drivers were using electronic devices at the wheel. They were using their phones and taking their eyes off of the wheel more than any other kind of distraction. There were a lot of other distracting activities recorded, too!

Our Waynesville injury lawyers understand that teen drivers already face some of the highest risks for accidents simply because of their inexperience behind the wheel. This study illustrated that female teens were the worst of the bunch, engaging in activities with electronics nearly 10 percent of the time they were behind the wheel. Male teenagers logged less than 5 percent of their time behind the wheel engaging in these distractions, according to Market Watch.

Carol Ronis, AAA's senior communications manager, said that this study was so important because car accidents continue to be the number one cause of death for this young age group. As a matter of fact, teens are four times more likely to get into an accident than adult drivers.

"Continue the conversation with your child. Set a good example. They are always watching and modeling our behaviors," said Ronis.

She's right! Parents need to stay involved in their teen's driving career long after they've received their unrestricted driver's license. Teens still need to be reminded of the proper, and safe, driving behaviors. Consider enacting your own household driving rules. Create a parent-teen driving contract to lay out the rules and consequences for breaking these rules.

According to the Governors Highway Safety Administration (GHSA), drivers in North Carolina who are under the age of 18 are prohibited from using a hand-held cell phone while driving. All drivers in the state are prohibited from text messaging behind the wheel. Just because these laws are on the books, doesn't mean that teens will listen or even that law enforcement will enforce the rules. Make sure there's a clear understanding and expectation of safe driving habits within your household. Set rules, enforce them and help to keep your teen safe.

When you are involved in a car accident in the Carolinas , you often question what you are entitled to. You need a knowledgeable and experienced South Carolina and North Carolina injury attorney to get the right information about your rights.

Wakole v. Barber is a case that arose because of a car accident in Virgina. Barber was the passenger in a vehicle that was hit by Wakole. The case was originally brought in a lower court; however, Wakole appealed to the higher court in Virginia. This court discusses what the injured victim is entitled to in damages where she was involved in an accident where the other party was at fault.

Barber's husband was going straight on a street where he had the right of way. Wakole made a left turn without looking and hit the Barber vehicle with the front of his car on the passenger side of their car. Narmina Barber ("Barber") indicated that she felt pain at the accident scene but she did not go to the hospital. After some time, Barber began to get bad headaches and neck pain causing her to seek treatment. Additionally, Barber's energy significantly decreases causing her relationship with family and friends to suffer. Barber even had to hire someone to assist her in cleaning her home. These are typical injuries in North Carolina car accidents. It's worth noting that her symptoms presented after some time; another common occurrence and why it's critical to get help in the immediate aftermath of a serious accident -- even if you think no claim is necessary.

Wakole admitted liability for the car accident and acknowledged his wrongdoing; however he did not accept the severity of the injuries that Barber was alleging. He also disagreed with the style in which Barber's attorney conducted his closing arguments at the original trial.

The question was whether Barber's attorney was allowed to use a poster board to exhibit an itemized chart to describe Board's damages. This chart had intangible damages measured in an itemized manner to calculate the total award requested. Upon appeal, the court contends that this is in compliance with all of the laws controlling closing arguments, and that Barber's attorney acted in compliance with all of his obligations.

The court in Wakole explains damages by first establishing that there is no question as to whether a plaintiff is allowed to ask for a total fixed amount where there are non-economic damages that are provable. The court defines these non-economic damages as "bodily injury, physical pain, mental anguish (past and future), and inconvenience (past and future)." Furthermore it is recognized by this court that lump sums requested for non-economic damages cannot be proved with records giving exact monetary value because they are based in intangible elements. In determining the amount that will be awarded to the injured, the amount should fully and fairly compensate the injured for damages they suffered due to the at-fault party.

Therefore, this court held that because asking for a fixed amount to compensate Barber for her injuries was acceptable and customary, it would also be acceptable to break up the fixed amount into categories for each element of damages. Moreover, the court in this case found that the jury was allowed to be told of the amount being sought in the lawsuit.

Wakole shows us that it is not likely for a court to read meaning into an unambiguous statute. Subsequently, Barber was awarded economic damages to compensate for medical expenses and lost wages as well as non-economic damages to compensate for pain and suffering.

Having an attorney to explain what you are entitled to and how it must be presented is a crucial element in all North and South Carolina personal injury cases.

Powerful winter storms this past President's Day weekend spurred a flurry of car accidents in North Carolina and surrounding states, traditionally known for milder weather.

Our Asheville car accident attorneys know that unless you're a northern transplant, you likely don't have much experience driving in the snow and ice. That's because North Carolina and most surrounding states are known for sunshine. Cooler nights from November through March might cause us to break out a sweater or two, but rarely do salt trucks patrol neighborhoods here the way they do up north during the winter months.

That's what took so many people off guard in the recent spate of storms that sprawled from Kentucky and Tennessee to Virginia, West Virginia and throughout North Carolina, dumping more than 9 inches of snow across the region.

Specifically in North Carolina, the Associated Press reported that cars were slip-sliding off the roadways in Raleigh and the surrounding areas on Monday morning. In Wake County alone, the North Carolina State Highway Patrol reported more than 24 accidents. In one crash, a car slid on the ice and hit a police cruiser. At the time, the officer had been on scene investigating another accident. In many instances, it was reported that sleet, snow and rain were a contributing factor in a number of crashes.

Elsewhere in the region:

--In Virginia, although salt trucks covered most of the major interstates, there were more than a few dozen accidents, including a tractor-trailer crash on I-64. Ice remained a hazard on overpasses, ramps and bridges throughout the state.

--In Virginia and West Virginia, more than 66,000 customers lost power. In Kentucky, there were more than another 33,000 without power. These outages affected a number of traffic signals as well, which likely was a contributing factor in several crashes.

--In Tennessee, there were 20 vehicles that crashed on I-75, bordering Kentucky. Troopers attributed the pile-up to a "white-out" caused by dense fog and heavy snow.

--In Virginia, I-95 North was closed after a crash that sent one man to the hospital with life-threatening injuries. Another was seriously injured.

If you are not used to navigating icy or snow roads, read through the following tips from The Weather Channel on how to do so safely.

--Slow down and give yourself enough room to stop. A general rule is to leave about three times more space than what you would normally give yourself and the car in front of you.

--Keep your lights on so that you'll be easily visible to other drivers.

--Use lower gears so that you have more traction, particularly on hills.

--When you brake, do so gently so you don't skid. If you notice your wheels start to lock, ease off the brake.

--On overpasses and bridges, use extra caution. These are going to be the first to freeze. Even if it's not quite freezing, water on these roadways can quickly turn to ice, especially in the shade.

--Don't go around snow or sand trucks. Drivers of these vehicles have limited visibility, and the road in front of those vehicles isn't going to be very drivable anyway.

A new law is geared toward reducing the risk of teen car accidents in Winston-Salem and elsewhere in North Carolina, according to the Winston-Salem Journal. These laws were used to shore up the current graduated driver's licensing (GDL) program in the state. Parents will now be required to be even more involved in their teen's driving education.

Teenage drivers will also be required to complete supervised driving requirements with a licensed driver over the age of 21. According to the Insurance Institute for Highway Safety (IIHS), teenage drivers with a learner's permit need to complete 60 hours of supervising driving. Within these 60 hours, 10 of the hours need to be at night. This law was passed by the North Carolina General Assembly back in June.

Our Winston-Salem teen car accident attorneys understand the risk that teenagers face on our roadways. Their inexperience at the wheel significantly increases their risk for accidents. However, with parental involvement and strict graduated driver's licensing (GDL) programs, the community can work together to reduce these risks.

The initial law passed by the North Carolina General Assembly was approved in June. The new law that took effect Jan. 1 allows teens to get their learner's permit once they turn 15. Still, teens have some of the highest risks for car accidents, which is why it's important to teach them well and early.

Under the new law, teenagers have to log at least 10 hours a week toward their driving time. When he or she is ready to apply for a limited provisional driver's license, teen is required to submit the signed driver's log to the N.C. Division of Motor Vehicles.

After that's done, a teen driver will have to complete 12 more hours of driving with six of those hours being completed at night.

"As a parent, I'd rather be with him than (have him with) a friend who is 18," said a North Carolina father about his teen driver.

A driver's education teacher, Charlie Jarman, says that he thinks the law is a good idea. He acknowledges it will be tough on parents, but it's a necessary step to making our teens better drivers.

According to North Carolina accident statistics, there were nearly 700 drivers under the age of 16 who were involved in car accidents in the state. Of these, more than 265 died. This illustrates a roughly 4 percent decrease as teen driving laws strengthen.

According to State Senator Peter Brunstetter, R-Forsyth, officials with the DMV recommended that officials approve this law last year. Luckily, that recommendation has been successfully received and parents are now required to be more involved in their teen's driving education and ultimately on the road to safer driving habits.

A recent bicycle accident in Mooresboro left a teenager in critical condition at the Carolinas Medical Center. According to the Shelby Star, the teenage bicyclist was thrown from his bike after he was struck by a passing vehicle. The North Carolina Highway Patrol reports the bicyclist was hit by a 76-year-old who was driving a passenger car in a 45 mile per hour zone on South Post Road just after 4 p.m.

Local officers found the teen's bicycle in a lawn nearby and the teen lying on the road. Reportedly, the teen was riding his bicycle back from a nearby store when the accident happened. The teenager is in a coma with a broken bone in his neck. He is still on life support, and has sporadic brain swelling.

Our North Carolina bicycle accident attorneys understand that teens and young children may not always be aware of the dangers that lurk on our roadways. For this reason, we encourage parents to stay involved in their child's traveling, whether it's on a bicycle, a scooter or on foot. Parents should discuss some cycling safety tips with their children to help teach them about the risks associated with riding and walking near traffic. Your intervention can help to significantly reduce their risk of a serious accident.

The North Carolina Department of Transportation (NCDOT) offers parents, teens and young children safe cycling tips to help to keep them safe. Parents please review these tips and share them with the young ones in your life.

Bicycling Tips from NCDOT:

-Always ride on the right side of the roadways. Travel with the flow of traffic.

-Be sure to obey the traffic signals. This includes stop signs, traffic lights and one-way signs. You're required to follow the same rules of the road as vehicular traffic.

-Whenever you're going to merge, turn or stop, be sure to signal these maneuvers with hand and arm signals to alert surrounding travelers.

-Always yield to the right-of-way whenever you enter the road or when you're changing lanes.

-Avoid riding your bicycle on sidewalks.

-Just as you expect to be treated with respect, treat pedestrians with respect.

-Be ready for motorists to overlook you. Ride your bike defensively.

-Be on the lookout for reversing cars, whether out of parking spots of driveways. Oftentimes motorists who are backing up overlook bicyclists and pedestrians.

-Be ready for other people's move or mistakes.

-Keep an eye on your surroundings. Turn your head to look behind you often. Learn to do this without swerving or losing your balance on your bicycle.

-Get low on your bike when braking hard. Staying upright will increase your risks of tumbling forward.

-Considering wearing a helmet. A helmet provides you with protection and can cost as little as $15.

The North Carolina Highway Patrol reports that it investigated more alcohol-related car accidents in Asheville and elsewhere in Buncombe County over the last year. The number of these accidents has shown a significant increase from 2010 to 2011, in spite of the statewide reduction, according to the Citizen-Times. Alcohol-related accidents in Buncombe saw an 18 percent increase. Records also show that troopers made 4 percent more arrests of impaired drivers than in 2010.

Sgt. Pat Staggs of the state highway patrol called the uptick "bad news."

Our Asheville drunk driving accident lawyers understand that, on average, someone drives at least 80 times while drunk before they are caught by law enforcement officers. Staggs says sometimes North Carolina drivers don't think of the consequences, such as an arrest or serious accident, that can result from drunk driving.

One case that stands out in the mind of Assistant District Attorney Chris Hess is that of Jennifer Kessler. In that instance, an innocent motorist was killed when Kessler was reportedly drunk and driving the wrong direction on I-240. Kessler pleaded guilty to reckless driving to endanger, driving while impaired and felony death by vehicle. She was sentenced to 20 to 24 months in prison.

Hess says that even with this tragic story making local headlines, drivers across the state will continue to drink and drive.

Across the state, alcohol-related accidents dropped by nearly 5 percent 2011, which caused the number of fatalities to decrease by more than 10 percent. Unfortunately, that wasn't the case in Buncombe County.

Last year, the number of people who died in car accidents in the County increased from 11 in 2010 to nearly 15 in 2011. Staggs reports that a majority of these fatalities were motorists who were not wearing a seat belt at the time of an accident.

He adds that seat belts may be your best defense against injury or death in the event of an accident and urged all motorists to buckle up every time they get into a motor vehicle.

2011 report for Buncombe County accidents showed:

-The number of traffic accidents decreased by less than 14 percent.

-Accidents involving speeding drivers decreased by nearly 25 percent.

-The number of motorcycle deaths dropped by more than 65 percent.

-The number of motorcycle accidents dropped by nearly 10 percent.

-The number of alcohol-related accidents increased by 4 deaths.

Staggs says that law enforcement officials have previously tried to focus on areas of the county where drivers often speed. These efforts have seemed to pay off. He says troopers will be using this same strategy to bust drunk drivers.

As we recently reported on our North Carolina Personal Injury Lawyer Blog, the federal government is looking for ways to reduce the risks of distraction-related car accidents nationwide.

In our previous post we discussed a recent anti-distraction campaign that targeted teenage drivers around the country. In this campaign, videos were displayed at movie theaters, online and at gas stations to help educate these young drivers about the dangers of distracted drivers. Teenager drivers aren't the only drivers that we need to worry about on our roadways. Car accidents are the number one cause of death for residents aged 4- to 24-years-old.

Our Asheville and Greenville, SC car accident attorneys understand that our state has pretty relaxed distraction-related laws for drivers. According to the Governors Highway Safety Association, all drivers can talk on a cell phone behind the wheel except those who are under the age of 18 and those who are driving a school bus. Everyone in the state is prohibited from sending and receiving text messages behind the wheel. The combination of these laws is tough for law enforcement to enforce however. It's extremely difficult for a law enforcement officer to determine if a driver was composing/reading a text or if they were dialing a phone. Texting is illegal, but talking on a phone isn't for everyone. How do officers tell the difference? This is one reason why a nationwide ban on all portable electronic devices may be a good move.

For these reasons, the National Transportation Safety Board (NTSB) recently made a proposal for all 50 states to make it illegal for all drivers to use a portable electronic device behind the wheel, according to the National Safety Council (NSC). This ban includes cell phones and text messaging devices. These devices would still be allowed to be used by drivers in the event of an emergency though.

"According to NHTSA, more than 3,000 people lost their lives last year in distraction-related accidents", said Chairman Deborah A.P. Hersman. "It is time for all of us to stand up for safety by turning off electronic devices when driving."

Just in the last 20 years, there has been an overwhelming growth in the use of personal electronic devices, including cell phones. Around the world there are more than 5 billion cell phone subscribers, which accounts for more than 75 percent of the world's population. That statistic is even higher in the U.S., according to WECT6, exceeding 100 percent.

This potential ban would affect everyone; moms, teens, road workers, employees, etc. According to CNN, a nationwide ban might not be all that easy to pass in all 50 states. Just look around our roadways. No matter which road you travel down, you're sure to see drivers sending text messages, young drivers making phone calls and all drivers interacting with radios and GPS devices. Even with laws in effect, drivers still engage in dangerous distractions behind the wheel.

The National Transportation Safety Board (NTSB) has suggested that local, state and federal officials make it illegal for all drivers to use a cell phone or any other type electronic devices behind the wheel, according to the Citizen-Times. The recommendation comes after a federal meeting to discuss the fatal Gray Summit, Missouri, traffic accident in 2010 where a distracted driver allegedly killed two people and injured about 40 more. The driver's phone records concluded that the driver made more than 10 phone calls and text messages just minutes before the accident. This is just one of the millions of accidents that are caused by distraction drivers every year.

Roughly 3,100 people were killed in distraction-related car accidents in places like Gaffney, South Carolina and Asheville, North Carolina and elsewhere in 2010, according to the National Highway Traffic Safety Administration (NHTSA).

Our Asheville, Gaffney and Spruce Pine car accident lawyers understand that at the time of the Missouri accident, the state had a law in effect that prohibited drivers under the age of 21 from text messaging at the wheel. Still, every single driver in the state is allowed to talk on a cell phone while driving. States with scattered laws like Missouri's make it difficult for officers to enforce these types of laws. There is virtually no way to tell if a driver was speaking with someone on the phone (which is oftentimes legal) or typing a text message (which is oftentimes illegal).

"Needless lives are lost on our highways, and for what? Convenience? Death isn't convenient," said Deborah Hersman, NTSB chair member. "So we can stay more connected? A fatal accident severs that connection."

As of now, there are 35 states that prohibit drivers from sending and receiving text messages while driving, according to the Governors Highway Safety Association. There are no states that ban all drivers from using cell phones. Nine states currently prohibit the use of cell phones while driving, though.

On November 23rd, the agency enacted a law to prohibit drivers of commercial vehicles from talking on hand-held phones while driving. If these drivers are busted, they can face a $2,750 fine.

"This recommendation by NTSB is a national call to action to end distracted driving due to cell phone use. This is a growing public safety threat that needs to be addressed by legislators, employers and every person who operates a motor vehicle on our nation's roadways," said Janet Froetscher, of the National Safety Council (NSC).

The NSC is backing the recent recommendation from the NTSB. While the NTSB doesn't have the authority to make laws, its recommendations weigh heavily on the decisions made by local, state and federal lawmakers.

Drivers are asked to voluntarily practice safe-driving habits and to curb distractions while operating a motor vehicle. Distraction-related accidents are completely preventable. Be responsible behind the wheel and help to make our roadways safer for everyone.

A North Carolina woman who was married back in August is trying to get her life back in order. This task may be more difficult for her than you and me because of an accident that left her paralyzed.

With the New Year she has a new attitude, and she's determined to regain movement and she plans on having a baby and starting a family one day with her new husband. Spinal cord injuries in North Carolina and South Carolina are some of the most devastating injuries and can cause a lifetime of pain, suffering and medical costs. But with the right attitude, like the one of this new bride, goals can be achieved.

"You see people standing up out of their wheelchair, people who are relearning how to walk," Rachelle Chapman, the new bride.

Our North Carolina and South Carolina spinal cord injury lawyers understand that these types of battles cannot be fought alone. Victims of spinal cord injuries should seek the assistance of an experienced law firm at the earliest stages of such cases. Do not speak to an insurance company, do not accept payment or admit fault. Contact an experienced law firm. The financial consequences can last a lifetime.

Right before the bride-to-be made her way down the aisle a bridesmaid of hers pushed her into the shallow end of a pool, according to New York Daily News. The future bride suffered from broken vertebrae that hindered her ability to walk, or even feel anything below her chest.

News of the accident and the tragic injury made headlines across the globe. But nothing could stop her husband from sealing the deal and making the courageous woman his wife.

The bride hasn't taken her first steps yet, but she's embarked on a three-week training program at Project Walk in Carlsbad in California. Since the program, she's strengthened her body, enhanced her balance and is now able to move on an elliptical-type machine for 30 minutes. Before the program, she was weak and could barely move. She can now stand upright in a special hydraulic frame. She plans to return to the California treatment center for more treatments. Until then, she continues to train at home with a gym that was built for her by her husband.

In addition to gaining back her strength, she is learning how to drive again, is getting ready to enroll in grad school once again and one day hopes to have a child.

According to the Centers for Disease Control and Prevention (CDC), there are roughly 200,000 people who are currently living with a spinal cord injury in the country. There are somewhere between 12,000 and 20,000 new cases of spinal cord injuries every year.

Top Causes of Spinal Cord Injuries:

-Motor Vehicle Accidents

-Falls

-Violence

-Sports

Spinal cord injuries are costly. The average yearly cost is between $15,000 and $30,000. This means that the estimated lifetime cost can be anywhere from $500,000 to $3 million, depending on the severity of the injury.

According to Senate Bill 96, drivers in the state of North Carolina are prohibited from using a cell phone for e-mailing or text messaging while behind the wheel of a motor vehicle, according to DrivingLaws.org. Fire department officials, ambulance drivers and law enforcement officers are excused from this law. Who's not excused from this law? Teenagers. Still, many teen drivers think it's okay to text while driving. Most of these young drivers fail to understand the risks associated with such behavior.

To help reduce the risks of distraction-related car accidents in North and South Carolina, the U.S. Department of Transportation (USDOT) recently launched the "OMG" public service announcement (PSA) campaign. This PSA aims to raise awareness in teenage driver about the risks, dangers and consequences of texting behind the wheel. The PSAs will be airing on approximately 12,000 gas station pump-top screens and on nearly 550 Regal Cinema movie screens nationwide through the month of December. Residents can also view the videos on Distraction.gov. Officials believe that these forms of communication are quick and easy ways to reach their targeted audience -- teenage drivers.

Our Greenville,South Carolina and Asheville, North Carolina teen car accident lawyers understand the risks that teenage drivers face on our roadways. They're the age group most likely to get into an auto accident. They're also the age group that is most likely to text behind the wheel. As we approach the holiday season, traffic on our roadways will increase significantly. More traffic equals increased risks for accidents. Parents are urged to sit down and talk with the young drivers about the dangers they'll inevitably face on our roadways and the dangers of texting while driving.

"Teen drivers are particularly vulnerable to distracted driving, which is why we are making an extra effort to ensure they understand the dangers," said Transportation Secretary Ray LaHood.

The PSAs feature hip lingo, like "LOL" and "L8R," that is commonly using by these young texters to communicate with the young drivers. We understand that it's popular for teenagers to stay in touch with friends, but doing so behind the wheel is not only illegal, but it's dangerous. Teen drivers are four times more likely that drivers in any other age group to be involved in a car accident on our roadwys.

Greg Dunn, the President and the COO of Regal Entertainment Group, says that he is pleased to join forces with the USDOT. He adds that he feels that this partnership will help to make a difference in the safety on our roadways during the busy holiday traffic season.

There are already 35 states and the District of Columbia that have made texting behind the wheel illegal. It is illegal to use a cell phone while driving in nine states and the District of Columbia.

Teenagers are new behind the wheel and fail to possess the same type of driving experience as older drivers. For this reason, parents are encouraged to reiterate the importance of curbing the distractions behind the wheel. Your talk could help to save your child's life. Have a safe and Happy Holiday season and please be cautious on our roadways.

Twenty states experienced a decrease in the number of traffic-accident fatalities in 2010 compared to the 2009 stats. North Carolina was not one of them. In 2010, there were nearly 1,320 people who died in car accidents in Asheville and elsewhere throughout the state. This is an increase from the 2010 total fatality count. According to the recently released report from the National Highway Traffic Safety Administration (NHTSA).

The 2010 Motor Vehicle Crashes Overview reports the number of traffic fatalities across the U.S. decreased in 2010 from the previous year. The NHTSA also notes that 2010 marks the lowest number of fatalities since 1949.

Our North Carolina and South Carolina car accident lawyers would like to point out that the number of traffic fatalities crept up as 2010 progressed. Experts believe that this trend is going to continue. As the economy continues recover, motorists are expected to hit the roadway more often and for longer distances. The increase in travelers increases your risks for a fatal accident on our roadways.

We'd also like to point out that while the NHTSA is bragging about lower numbers, the stats of various types of accidents actually increased. Fatalities among motorcyclists, large truck occupants, van occupants, bicyclists and pedestrians were higher in 2010 than in 2009. In 2010, there were almost 33,000 people killed on U.S. roadways. In addition to these fatalities, another 2.24 million people were injured.

Many of these accidents were caused by drunk drivers and by distracted drivers. To help to better track these types of accidents, the NHTSA has created two new measures: the "distraction-affected crashes" and the "alcohol-related crashes" measure. In 2010, a third of all traffic fatalities involved an alcohol-impaired driver. Nearly 3,100 additional people were killed in accidents that involved a distracted driver.

While the number of traffic fatalities may have decreased, the number of injuries actually increased. So did the number of fatalities in urban areas and among vehicle passengers who were wearing a seat belt at the time of an accident.

Motorcyclists also experienced an increase in the number of traffic fatalities. The number of fatalities among motorcyclists who were under the age of 55 saw a decrease of about 80 deaths, while the number of fatalities among motorcyclists who were over the age of 55 increased by nearly 120 fatalities.

When talking about the time of day, evening saw a majority of the decease while the number of daytime fatalities remained about the same.

Drivers are asked to remain cautious behind the wheel and to take the news of the recent reduction in traffic fatalities with a grain of salt. Roadways fatalities are still alarmingly high, especially through specific categories. As the economy recovers, travel will be more common and risks for an accident will increase even more. Be safe, cautious and drive defensively to avoid serious accident.

With daylight savings we got an extra hour of sleep, but we also get more dangerous roadways. Car accidents in South Carolina and North Carolina are more common during the evening hours. According to Healthy Vision with Dr. Val Jones, one out of every three drivers say that they have a difficult time seeing all or most things at night.

Dr. Jones recently spoke with John Ulczycki of the National Safety Council and optometrist Dr. Cristina Schnider about driving in the dark.

Our Asheville and Greenville, SC car accident lawyers understand that even though only a quarter of travel takes place at night, about 50 percent of fatal car accidents occur during this time. According to Dr. Schnider, drivers have a difficult time identifying dangers on our roadways when it's dark out. Most drivers don't take the time out to adjust their driving skills to better accommodate the conditions. You're three times more likely to be in an accident during the night than during the day.

While all drivers are affected by this light change, teens are more drastically affected. These drivers possess much less experience behind the wheel than older drivers. While older drivers are still at risk, they're better able comprehend the dangers and risks on our roadways at night. They've dealt with the conditions much more.

Dr. Schnider says that drivers need to be aware of their peripheral vision when driving at night. Our peripheral vision only allows us to see motion instead of color while driving during the evening. For this reason it's important to continuously scan your surroundings.

John Ulczycki from the National Safety Council talks to Dr. Val about the importance of focusing on your vision while driving at night. Our eyes tend to pick up and focus in on things that we can see, which is usually the glare on our windshields. This isn't good. Drivers are urged to look above the headlights of oncoming vehicles.

John goes on to talk about our reaction time in the dark. He says that since we're less likely to see our surroundings, we'll have less time to react once we identify a hazard. Drivers are urged to slow down and to focus all of their attention on the roadways while driving at night.

According to the National Highway Traffic Safety Administration (NHTSA), pedestrians are at an increased risk for accidents at night, too. There were more than 4,000 pedestrians killed on U.S. roadways in 2009. About 25 percent of these accidents happened from 4:00 p.m. and 8:00 a.m. There were an additional 15 percent experienced between 4:00 a.m. and 8:00 a.m. The NHTSA says that adjusting to the new low-light environment can take some time.

Pedestrians are urged to carry a flashlight or to wear reflective tape on their clothing to make themselves more visible to motorists. Pedestrians should never rely on street lights or street signs. Motorists can miss these traffic devices and put you in danger. You should never jaywalk or cross the street between two parked cars. Always cross at a street corner or at a crosswalk. Lastly, pedestrians are urged to walk on a sidewalk when there's one available. If there's no sidewalk and you must walk on the street, do so facing oncoming traffic.

Everyone is urged to travel cautiously when the sun sets. These accidents can be avoided with a little more alertness and awareness on our roadways.

The National Safety Council (NSC) predicts that more than 430 people will die in car accidents in Greenville, South Carolina and Asheville and elsewhere over the Thanksgiving Day holiday weekend.

The holiday period starts on November 23rd at 6:00 p.m. and ends on November 27th at 11:59 p.m. The NSC also predicts that more than 43,000 people will be injured and will require medical assistance during this time. This holiday has a fatality rate more than 10 times deadlier than other similar non-holiday periods.

Thanksgiving Holiday weekend is a time when Americans head out on vacations, over to friends' houses, to see family or to just enjoy some time off of work. When more motorists hit our roadways, accidents are more likely to happen. Drivers are urged to be alert and drive cautiously and defensively on our roadways to avoid an unnecessary accident.

Our Asheville and Greenville, SC car accident attorneys understand that the number of travelers on the Thanksgiving Day holiday weekend is expected be nearly 5 percent higher than last year's holiday period. In 2010, there were about 40 million travelers over the weekend. This year, 43 million are expected. The increase in travelers will increase the roadway congestion and increase motorists' risks of a serious accident. That's why it's even more important to drive safely.

Last year, the average cost for a gallon of gas during the holiday weekend was $2.88. This year's average is $3.39, according to CNN. Despite the increase, travelers are getting out there and making the trips. The down economy won't stop travelers from making long trips.

During Memorial Day this year, the number of travelers remained the same as the previous year. Travel actually decreased during both Labor Day and the 4th of July this year. Experts believe that Americans stayed home to save some money, but Americans are expected to disregard their financial woes for Thanksgiving.

"As consumers weigh the fear of economic uncertainty and the desire to create lasting family memories this holiday, more Americans are expected to choose family and friends over frugality," says Bill Sutherland, vice president of AAA Travel Services.

Experts have varying perspectives on air travel. AAA believes that air travel will increase from last year's count by 2 percent, while the Air Transport Association of America is expecting a 2 percent decrease.

All travelers are urged to be cautious on our roadways and to wear a seat belt regardless of how far you're traveling. Studies indicate that seat belts are 45 percent effective in preventing death in an accident to a front-seat occupant. Based on those figures, the NSC estimates that more than 150 lives will be saved because an occupant was wearing a seat belt.

NSC's previous predictions/actual fatality statistics from previous Thanksgiving Day holiday periods:

-2004: 556/556

-2005: 610/605

-2006: 555/623

-2007: 564/542

-2008: 479/484

-2009: 447/401

We would like to wish everyone a safe and Happy Thanksgiving and ask motorists to be extremely cautious while traveling.