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Visit this blog often to read the latest entries from our experienced Virginia and North Carolina injury lawyers. If you have been hurt due to someone else's carelessness, contact our office today.
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Car & Motorcycle Accidents

9/7/2009
James Lewis
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Are Uninsured Drivers Causing Higher Rates of Injuries and Deaths On Interstate Highways Than the Insured?

My colleague, Richard N. Shapiro, posted an analysis on Virginia Beach Injuryboard blog of how uninsured drivers/motorists, when in car accidents, are statistically the the at fault party in well more than 50% of the car crashes examined.  This was based on an analysis of car crashes reported in Ohio, but is not surprising as many of the uninsured drivers are drunk, distracted or unable to get insurance.   Although the poor may have more trouble getting insurance, its also the well off but drunk drivers, the suspended driver license flunky and the bad drivers that cannot get insurance-irrespective of economic position.  Who pays for the uninsured drivers causing injruies and deaths?  Read the article for the answers:

Uninsured Drivers On The Highways: Cause of Higher Rates of Injuries & Deaths?

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

7/30/2009
Richard N. Shapiro
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Car Accidents, Fatalities Down in Virginia (VA)

Virginia (VA) road fatalities hit a nearly 45-year low in 2008, according to statistics released Tuesday by the Department of Motor Vehicles.

In more good new, the DMV data showed that all types of car accidents decreased by almost 7 percent from 2007 to 2008.

The bad news, predictably, is that too many people were still driving drunk last year, and too many of the accidents that did occur resulted in injuries. Injuries to motorists increased 0.45 percent during 2008, and 25,758 people tested after getting into an accident had blood alcohol contents above the legal limit of 0.8. This was a 2 percent increase in DUI rates.

The decline in the number of accidents in Virginia (VA) reflects an encouraging nationwide trend. As much as I want to see that downward trend continue, my 20-plus years of practicing injury law makes me know that people will continue being hurt on the roads. That knowledge renews my commitment to defending victims of accidents.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers with Shapiro, Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They handle car, truck, railroad, medical negligence cases and more.

EJL

7/22/2009
James Lewis
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Drunk Driver Slams into Rocky Mount Police Cruiser Injuring 2 Officers

Rocky Mount police had one of their cruisers damaged as well as a couple officers injured as a drunk driver slammed into them. The driver crashed into the policemen late Wednesday after driving through a red light and crashing into a moving police cruiser.

The officers involved were, L. Shane Taylor and Jill Gilbert. They were traveling through the intersection of North Winstead and Hunter Hill roads when Mark Allen Pickering, 42, crashed into the driver side of the police unit with his truck, according to police reports.

All involved in the wreck were taken to
Nash General Hospital so they could be treated for multiple injuries sustained in the collision. Pickering was charged with driving while impaired and a red light violation. The N.C. Highway Patrol and Rocky Mount police both investigated the accident.

It should be noted that this was the very same intersection that Rocky Mount Police Officer Alan Silver was killed in April of 2007. Officer Silver was in the process of apprehending a bank robber in a high speed chase when he collided with another vehicle. He died a few days later in the hospital.

Although it appears that the police officers are clearly not at fault, sometimes the roles are reversed and our fine public servants can be the ones responsible for an injury at a crash or collision. For instance, many states restrict any liability for a police officer if they end up hurting or even killing someone involved in an accident that happened in the line of duty such as in a high speed chase.

By enacting these kinds of liability-limiting laws for police and other emergency vehicles, state law makers have decided that the interests of justice are served by granting the police “immunity” from prosecution for injuries that may occur during pursuing fleeing suspects, including innocent bystanders that are in the wrong place at the wrong time.

BM


6/5/2009
Randy E. Appleton
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Man Pleads Not Guilty to DWI Change, and Now Faces Homicide Charge

My law partner Jim Lewis wrote an article on the Norfolk InjuryBoard blog about a New Kent, Virginia (VA) man who killed a Williamsburg teenager in April as a result of a head-on collision in connection with a DWI.  To read the full article about the accident and the resulting death and charges, please click here.

 

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.



4/1/2009
James Lewis
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High Point, NC driving while intoxicated (DUI?DWI) car accident involving a minor sends three people to hospital with injuries

Virginia/Carolina Personal Injury Lawyers Blog:

My colleague, John Cooper, wrote an injuryboard article about an accident in the High Point,
North Carolina (NC) area
 that involved a minor who was drinking and driving.

Click here for the entire article on the High Point NC accident.




Wrongful Death

9/22/2009
James Lewis
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Surgeon Suspended after DWI Charge causing Ballerina’s Death


A plastic surgeon in Raleigh, NC was suspended from his job at WakeMed after driving while intoxicated.  The intoxicated surgeon caused a crash that killed a ballerina, hospital officials said Sunday. The plastic surgeon, Dr. Raymond Dwight Cook was driving a Mercedes 90 mph in a 45 mph zone. This is when he crashed into the back of a Hyundai driven by Elena Bright Shapiro, who was only 20. The wreck occurred around 8:30 Friday night at Lead Mine and Strickland roads.
Paramedics took Shapiro to WakeMed where she later died. Cook was also transported to the hospital for treatment of minor injuries. He was charged with death by motor vehicle, DWI, failure to reduce speed and careless and reckless driving, authorities said. He was released from jail after posting a $50,000 secured bond. Cook is employed by UNC and is contracted to practice with WakeMed, the hospital said.

“The entire WakeMed family would like to pass along their condolences to the family of Elena Shapiro. We are saddened that this tragic event has taken such a young and beautiful life. Dr. Cook has been suspended for the time being to allow for further investigation in the case," said WakeMed spokeswoman Heather Monackey.

Elena Shapiro, of Winston-Salem, was a trainee with the Carolina Ballet and had been dancing since she was 10, according to the group's Web site. "She was a very young dancer. She had her whole life ahead of her. She had all the equipment to be a great dancer," said Robert Weiss, Carolina Ballet's artistic director. "We don't know what she would have done. That's the tragedy that she never had a chance to find out what she could achieve." The dancers still plan to perform Swan Lake this Thursday to open the season.
"In her memory, we're going to give these performances that she was going to be a part of," Weiss said. "It's a true tragedy, and there's no way to make it better, but what we do in our profession is we bring joy to a lot of people ... and we're going to go ahead and try to still do that." Elena Bright Shapiro's funeral services will be held at noon Tuesday at Wake Forest University's Wait Chapel.


Dangerous Drugs/Product Recalls

7/15/2009
Richard N. Shapiro
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Drugged Driving Grows Even as Drunken Driving Decreases

During 2007, more than 16 percent of randomly tested U.S. drivers had detectable levels of stimulants, sedatives, antidepressants, marijuana or narcotic painkillers in their systems, according to a report just released by the National Highway Transportation Safety Administration.

This shocking statistic overwhelms the little bit of good news from
Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers: The percentage of drunk drivers on America's roads has fallen steadily for the past 35 years. When data was first compiled in 1973, 7.5 percent of drivers were legally drunk. In 2007, that percent was 2.2 percent--still too high, but a definite sign of progress in keeping some dangerous divers out from behind the wheel. The fact that fewer than 1 percent of drivers under the age of 21 had blood alcohol concentrations of 0.8 or higher is especially encouraging.

Data on drugged driving had not been previously collected, but clicking on any of the drug type links above will show that illegal drug use and irresponsible use of prescriptions medications by drivers is as dangerous as getting drunk.
More than 20 years of
experience representing the victims of drunk and drugged drivers has shown me that the only acceptable percentage of impaired drivers on the roads is zero.



EJL


All Serious Injuries

7/15/2009
Richard N. Shapiro
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Drugged Driving Grows Even as Drunken Driving Decreases

During 2007, more than 16 percent of randomly tested U.S. drivers had detectable levels of stimulants, sedatives, antidepressants, marijuana or narcotic painkillers in their systems, according to a report just released by the National Highway Transportation Safety Administration.

This shocking statistic overwhelms the little bit of good news from Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers: The percentage of drunk drivers on America's roads has fallen steadily for the past 35 years. When data was first compiled in 1973, 7.5 percent of drivers were legally drunk. In 2007, that percent was 2.2 percent--still too high, but a definite sign of progress in keeping some dangerous divers out from behind the wheel. The fact that fewer than 1 percent of drivers under the age of 21 had blood alcohol concentrations of 0.8 or higher is especially encouraging.

Data on drugged driving had not been previously collected, but clicking on any of the drug type links above will show that illegal drug use and irresponsible use of prescriptions medications by drivers is as dangerous as getting drunk.
More than 20 years of experience representing the victims of drunk and drugged drivers has shown me that the only acceptable percentage of impaired drivers on the roads is zero.


5/12/2009
Emily Mapp Brannon
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Beach Man Dies in Motorcycle Crash

The Virginian Pilot reported that a 24 year old man was killed early Monday in a crash involving alcohol and excessive speed. According to the Virginia Beach Police the driver of the motorcycle, Joshua Schools, of Virginia Beach was pronounced dead at the site of the crash on Lynnhaven Parkway. Schools was wearing a helmet when he lost control of his Honda Motorcycle.  He struck the curb and was thrown from his bike.

5/8/2009
James Lewis
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One Survivor in the Chesapeake Bay Bridge Boat Accident

The Virginian Pilot reported on April 28, 2009 that one man died and one man was rescued after a boat capsized near the Chesapeake Bay Bridge Tunnel. Around 11:30pm on Sunday one of two men traveling in a fourteen foot aluminum boat stood up and lost his balance causing the stern to dip below the water's surface. Both men were thrown into the water. The survivor clung to the boat for many hours before grabbing a fishing line and being pulled to shore on the first island by a fisherman. Both men were wearing life jackets. The man who was rescued was taken to Sentara Virginia Beach General Hospital.  He was treated for Hypothermia. The water temperature on the night in question was estimated to be between 54 and 60 degrees. The body of the second man was spotted three miles off Cape Henry shortly before 7:00am on Monday. The Coast Guard took the body on board and the police identified the decedent as Antonio Cash. Prior to locating the survivor the Coast Guard had identified the capsized boat and used it as a center point for searching. According to preliminary investigations by the Virginia Beach Police Department  alcohol did appear to be a factor.



Norfolk-Portsmouth-Hampton VA Personal Injury Lawyer

    After the big H1N1 virus that caused the 2009 pandemic, the US Food and Drug Administration approved seven influenza vaccines for this next flu season, 2010-2011.

    What is the Flu?

    A flu is a respiratory illness which is caused by influenza viruses. It is contagious and the best way to prevent the flu is to receive the flu vaccine each year.

    These newly approved vaccines protect against three strains of influenza, including H1N1, according to Medical News Today. Last year, there were two vaccines needed in order to protect against the 2009 H1N1 flu. According to FDA, only one vaccine is required this year.

    Director of FDA's Center for Biologics Evaluation and Research, Karen Midthun, M.D., said, "The best way to protect yourself and your family against influenza is to get vaccinated every year. The availability of a new seasonal influenza vaccine each year is an important tool in the prevention of influenza relate illnesses and death."

    Here is a list of the new vaccines that have been approved (Brand Names & Manufacturers):

    1) Afluria (CSL Limited)

    2) Agriflu (Novartis Vaccines and Diagnostics)

    3) Fluzone and Fluzone High-Dose (Sanofi Pasteur Inc.)

    4) Fluvirin (Novartis Vaccines and Diagnostics Limited)

    5) Flarix (GlaxoSmithKline Biologicals)

    6) FluMist (Medlmmune Vaccines Inc.)

    7) FluLaval (GlaxoSmith Kline Biolgicals)

    How do they figure out these vaccines that FDA recommends?

    Experts from FDA, World Health Organization, CDC and possibly other institutions examine and study virus samples collected worldwide. They examine them to find strains likely to cause the most illness during the next season. Then with the strains and vaccines, the closer the match, the more protection against influenza disease.

    With all this research, the FDA did approve of seven new vaccines for this season.

    The Flu spreads. It can spread very easily by people coughing, sneezing or simply talking.

    So who is actually at risk of getting the flu?

    According to CDC, there are certain people who are at greater risk for complications if they get the flu. In this group are older people, young children, pregnant woman and people with certain health conditions.

    A study completed in 1990 found that flu-related deaths estimated 17,000 during the mildest season to 52,000 during the severe season. According to the CDC, 90 percent of deaths during a regular flu season occur in people who are 65 years old or older.

    The 2009 H1N1 virus caused the first flu pandemic in over 40 years. There were around 12,000 or more flu-related deaths.

    The important thing here is to be preventative, especially with parents and their children. CDC says, "the single best way to prevent the flue is to get a flu vaccine each season." Now, FDA has approved several new vaccines. They should become available in September and continue throughout flue season, which in some cases can last as late as May.

    Originally posted at InjuryBoard by Emily Mapp Brannon

Virginia Beach-Chesapeake-Suffolk VA Personal Injury Lawyer

    Most of us are aware of seat belt laws and the importance of buckling up when you get into the car. However, you may not know that numerous states have a loophole which allows adult back seat occupants to ride without their seat belt on. Virginia (VA) is one of those states.

    Laws are on the books in VA requiring minors to wear their seat belts while riding in the back, but not for adults. This is extremely dangerous since an unbuckled adult in the back seat can become a “back seat bullet” in a car accident, according to USA Today.

    There seems to be this false belief that if you are in the back seat, you are somehow safer than the people in the front. This is not the case. In a car crash, a back seat passenger not wearing a seat belt will continue to move at the same rate of speed as your car until they hit something like the dashboard, back of your sea, or windshield.

    Six states took the step of expanding their seat belt laws in 2007 but Virginia (VA) remains one of the over 20 states across the country that still allows adult back seat passengers to ride without a seat belt. This needs to be corrected as soon as possible.

    Seat belts reportedly save 11,000 lives every year, according to the National Highway Traffic Safety Administration. Car accidents are the leading cause of death for people under the age of 35. It makes no sense to keep the current laws on the books enabling adults to ride in the back unbuckled. Let us hope our legislators take action and correct there glaring loophole in our seat belt laws.

    About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

    PA

    Originally posted at InjuryBoard by Emily Mapp Brannon

Greenville-Outer Banks-Rocky Mount NC Personal Injury Lawyer

    When the skies open up a dump a ton of rain on our roadways, caution is the name of the game. Unfortunately, not all drivers adhere to this principle which leads to some bad car wrecks. A major rainstorm in North Carolina (NC) led to two car wrecks that resulted in serious injuries and loss of life.

    A car was driving down N.C. 43 when it hydroplaned, crossed the center line, and wound up getting hit by a dump truck. As a result, two people were killed and a young child was injured, according to enctoday.com.

    On the same day, another car hydroplaned at the intersection of U.S. 17 and Weyerhaeuser Road leading to eight injuries including injuries to three toddlers and two teenagers.

    Hydroplaning is a common cause of car wrecks and can cause serious damage to your vehicle and the people inside. It occurs when a layer of water builds up between the tires of your car, truck, SUV, or motorcycle and the road surface. This leads to the loss of traction and puts the vehicle into a virtually uncontrollable slide.

    In order to reduce the risk of hydroplaning, go below the speed limit when it has just rained heavily or if you are on the road when it is raining. Also, be extremely cognizant of the other vehicles on the road since not everyone obeys the speed limit, even in bad weather.

    Both of the car accidents that occurred in N.C. were awful and they serve as an example of just how dangerous the roads can be after a bad storm.

    About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (NC-VA law offices ) edits the injury law blogs Northeast North Carolina Injuryboard, Virginia Beach Injuryboard, and Norfolk Injuryboard as a pro bono service to consumers.

    PA

    Originally posted at InjuryBoard by Emily Mapp Brannon
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