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Raleigh Personal Injury Law Blog

Video: Employee rights after accidents | The Law Offices of John M. McCabe

The guiding principle behind workers' compensation law is no fault. Accidents sometimes happen, and an injured worker may receive benefits regardless of who may have been at fault.

Unfortunately, not all employers respect the principle of no fault. Although North Carolina law requires nearly all employers with three or more employees to purchase workers' compensation insurance, employers may not want their premiums to go up after a workplace accident. For that reason, employees who were injured on the job may be afraid to seek workers' compensation benefits.

Helping victims of motorcycles accidents find their way

Many people in Cary, North Carolina, who have heard the sometimes repeated warnings about watching out for motorcyclists on the road. Nevertheless, there are always going to be some drivers on the North Carolina highways and other roads who, for whatever reason, simply are not paying enough attention to notice and be mindful of the motorcyclists on the road.

This situation is unfortunate because, given the relative size of a motorcycle to a full-sized vehicle and the fact motorcyclists do not have a lot of protection from their vehicles, motorcycle accidents are much more likely to end in serious and debilitating injuries to a motorcyclist who could well have been simply out and about enjoying a ride.

Who is liable in a trucking accident?

A crash yesterday in nearby Johnston County, North Carolina, raises an important point about extra precautions that trucking and cargo companies must take with hazardous materials and who is liable when a crash occurs.

The crash on Interstate 95 occurred when an RV apparently rear-ended a tractor-trailer. The truck then burst into flames, prompting a shut-down of the road. Because the truck was hauling hazardous chemicals, law enforcement evacuated several nearby businesses, schools and homes until it could be determined what the chemicals were. 

Recent statistics on accidents involving large trucks

According to the most recent statistics available from the Federal Motor Carrier Safety Administration, of the 411,000 or so truck accidents reported in 2014, about 1 percent resulted in a fatality. Additionally, about 20 percent resulted in an injury significant enough to be reported.

Interestingly, not many of the most serious large vehicle accidents were single vehicle incidents. A sizeable majority of fatal accidents that involved a truck also involved two vehicles, only reinforcing the notion that commercial drivers must be on the lookout for the safety of other motorists. Moreover, a sizeable majority of these accidents happened on a country road off of the interstate.

Injured pedestrians may be able to get compensation

Several posts here have discussed car accidents in which a driver strikes a pedestrian either walking across a street or standing or walking alongside a road. In one of these cases, a child pedestrian thankfully escaped with broken bones. However, the people of the Raleigh, North Carolina, metro area know that pedestrian accidents can lead to severe injuries. In many accidents the person walking or riding a bicycle dies from the injuries.

It is important for pedestrians who are injured in an accident to remember that in North Carolina, pedestrians enjoy the right of way in almost all cases. A pedestrian stands a lot higher chance than a motorist of being injured following a collision with a car or truck, so motorists in North Carolina have an ongoing obligation to be mindful of pedestrians and, when necessary, to yield to them. This is true even if the pedestrian has broken a traffic law or custom by walking outside the boundaries of a crosswalk or walking on the wrong side of the road.

Teen driver strikes Raleigh-area child waiting for bus

An 11-year-old boy from the Raleigh metro area suffered a broken knee and lost a tooth after being struck by a teen driver who was also from Raleigh. The car accident victim was standing by the road waiting on his school bus when the accident occurred. The boy's mother was present and witnessed the incident.

According to reports, the teen driver was speeding and also used an unsafe passing technique immediately prior to the accident. The driver attempted to go around traffic on the right side of the road, using a turn only lane to do so. When the turn lane ended, the driver turned too sharply, hitting the student and eventually coming to a stop in a nearby ravine.

Hoofing it? Look both ways!

Some of the pleasures of living in the south are four seasons, good food and southern hospitality. We naturally run at a different speed compared to the rest of the country: laid back and welcoming. We're courteous and polite to one another. Or are we?

A new study cited in, shows that North Carolinians are not so kind to each other when it comes to people who get around on foot. Pedestrians in our state would be wise to note that nationally, we rank number 14 in pedestrian deaths, with a whopping 1.73 killed out of every 100,000 people.

Helping victims of drunk driving truck accidents

A previous post here discussed a serious accident that potentially involved a combination of drunk and drugged driving, a scenario that is, sadly, all too common in the Cary, North Carolina, area, even among truck drivers and drivers of other commercial vehicles.

Cases in which authorities suspect that a combination of drugs and alcohol contributed to a serious or even deadly accident can be tricky from the perspective of an accident victim. For one, police may not have obtained a breath or blood test showing that another driver was legally drunk; that is, over .08 BAC. Moreover, drivers may be able to argue that they were simply taking medicine and honestly did not think a drink or two would affect the ability to drive.

Video: Repetitive Stress Injuries | The Law Offices of John M. McCabe, P.A.

An office space might not seem as dangerous as a construction site. Yet even employees who work at a desk may be at risk of physical injury.

Specifically, the cumulative effect of repetitive motions with the hand can take a toll, whether that work involves typing on a keyboard and using a mouse, working on an assembly line, or using construction tools. Carpal tunnel syndrome is a common example.

Fatal accidents are on the rise across the country

The residents of Cary, North Carolina, should take note that in 2015, for the first time since 1965, the number of fatalities on the roadways across the country rose over the number of fatalities in the previous year. Specifically, the 35,092 deaths in 2015 marked a 7.2 percent increase over the number of deaths in 2014.

According to the National Highway Traffic Safety Administration, a government agency which among other things monitors and regulates the commercial trucking business, the predominant trend has been for fatalities on the roads to decrease. Law enforcement and safety awareness campaigns targeting risky behavior like drunk driving have helped, as have improvements in technology.