The problem of impaired-driving is a serious one.  While America witnessed a decline in the number of impaired-driving fatalities from 2007-2008, the numbers are still too high.  That’s why law enforcement agencies throughout the country are participating in an intensive crackdown on impaired driving.

This national impaired driving crackdown—known by its tagline, Drunk Driving. Over the Limit. Under Arrest—-runs from Friday, August 20 through September 6 (Labor Day).

In 2008 alone, nearly 12,000 people died in crashes in which a driver or motorcycle rider was at or above the legal limit, according to the latest statistics from the National Highway Traffic Safety Administration (NHTSA). More than 400 of those fatalities were in North Carolina.

According to the latest data, 32 percent of fatalities in motor vehicle traffic crashes involved a driver or motorcycle rider with a blood alcohol concentration of .08 g/dL or above — an average of one fatality every 45 minutes.

According to representatives of the NHTSA:

“Our message is simple and unwavering. If we find you driving impaired, we will arrest you. No exceptions. Even if you beat the odds and walk away from an impaired-driving crash alive, the consequences of driving while impaired can still virtually destroy your life.”

Violators often face jail time, lose their driver license, or are sentenced to using ignition interlocks. Their insurance rates go up. Other financial hits include attorney fees, court costs, lost time at work, and the potential loss of job or job prospects. And even if you aren’t injured, you may injure someone else, and have to live with that guilt for the rest of your life.

Driving impaired is simply not worth the consequences. Don’t take the chance. This crackdown will last through Labor Day, but it is a message that everyone should bear in mind everyday:  If you’re over the limit, you’ll be under arrest.

Stay safe… drive sober.

Resources:

Click here for more information about what you can do to join the fight against impaired driving: Stop Impaired Driving.

HensonFuerst auto wreck webpage

According to an article in today’s News & Observer, we’re not the only ones confused by this decision:

That decision has puzzled and frustrated some officials, who ask whether opposition to the technology was sparked in part by turf battles and personality conflicts. David Wallace, director of the National Center for DWI Courts, said he’s not aware of any other state that has imposed such restrictions.

“I’m very surprised,” said Wallace, whose organization helps train officials in setting up DWI courts. “…It takes away one more tool that could be used to monitor people … so they’re not out there risking the community’s safety.”  [italics added by blogger]

Drunk driving is a pervasive and continuing problem. It may not be in the newspaper everyday, but the automobile wreck attorneys of HensonFuerst deal with the painful aftermath of drunk-driving crashes every day. Every…single…day.

As far as we’re concerned, anything that has the potential to help keep people from driving drunk should be celebrated, not prohibited. Foes say that the technology of bracelets is not foolproof, to which we say: So what? Bicycle locks aren’t foolproof, either, but does that mean that we give up on locking our bikes when we stop in a public place? Of course not. Any little thing we can do to make it more difficult for a thief to ride away on our property is good.

Personally, I don’t care if the alcohol-detecting ankle bracelets aren’t perfect. If they stop one person from driving drunk and hurting one innocent person, then the technology is fantastic. Every other state has figured this out…why not North Carolina? Coming on the heels of the story of Johnston County illegally dismissing 33 DWI cases (N&O story), it’s beginning to seem as though drunk drivers get better protections than the rest of the residents.

(Want to take this one step further? A conspiracy theory I heard posited one additional link: the state-run ABC alcohol stores.)

What exactly is going on? At HensonFuerst, we will continue our efforts to educate young drivers about safety and responsibility… and we fight for compensation for those innocent drivers injured–sometimes fatally–in wrecks caused by people who drive drunk. We urge North Carolina to allow DWI courts to use alcohol-detection ankle bracelets as another tool to help curb dangerous drivers.

Read the full N&O article here:  http://www.newsobserver.com/2010/08/13/626823/dwi-tool-is-curbed-in-nc.html#ixzz0wV3KpXpr

Read our auto wreck information page here: http://www.lawmed.com/north-carolina-auto-accident-lawyer.php

According to a story on WRAL.com, the red-light camera along route 64 capture speeders, red-light runners, and even some horrific traffic accidents, including one where a tractor-trailer slammed into a car, spun it around, and then hit it again.

Drivers who run a red light get a $50 ticket in the mail. What seems particularly disturbing is that the amount of fines Knightdale has collected in the past year from these red-light incidents has tripled. Yes, TRIPLED…from $9,000 to $27,000. That’s more than 10 dangerous intersection episodes each week–in little Knightdale!

“That is more or less a daily occurrence at the intersections,” said Shawn Brown, Knightdale’s public safety director and police chief. “People are using their cell phones, or they’re distracted in some way and don’t see the light.”  [from WRAL story]

Wow. Again we see the risks of distracted driving. No phone call is worth the risk to your life, or someone else’s life. If you must talk on the phone, we urge you to pull over…otherwise, put your phone in the back seat or the trunk, where you won’t be tempted to use it.

And for those of you who don’t practice DWD (Driving While Distracted), all we can say is this:  Keep your eyes open out there–don’t assume that everyone will stop at a red light. Sad (and dangerous) but true.

North Carolina has seen a 40% decrease in teenage driver fatalities this year, compared to a similar period in 2009. That demonstrates the amazing start of what everyone hopes will be a long-term trend. And with the continuing teen driver programs of the N.C. Highway Patrol, those hopes may very well be realized.

According to an article in the Rocky Mount Telegram, Operation Drive to Live and other programs are focusing on reinforcing safe driving practices. According to the article:

“No one can prevent all fatalities, but we can raise awareness. We can help people to realize the consequences of making bad decisions,” [1st Sgt. Martin] Jones said. “We will use a case from May where a 17-year-old ran a stop sign to educate others; because that is all it takes, one brief moment of unclear thought. As tragic as that death is, it will be used to save other lives.”

The state-wide Operation Drive to Live ended in June, but more efforts will be ramped up for the new school year. At the top of the Highway Patrol’s priority list is to reduce the incidence of speeding through vigilance and new technology. After all, speed is the leading cause of traffic fatalities.

“We are going to use the LIDAR more, which (is more accurate than traditional radar units, can reach thousands of feet to measure speed and distance and) is very undetectable,” [Highway Patrol Lt. Keith] Stone said. “We can use it without being seen.”   [Rocky Mount Telegram]

So teenagers aren’t the only ones who need to watch speed limits a little more closely.   FYI–if you want to report drunk drivers, speeders, crashes, or other highway situations, simply dial *HP (for Highway Patrol) on your cell phone!

All of us here at HensonFuerst are proud of the work of the North Carolina Highway Patrol, and we support all efforts to reduce the number of crashes, injuries, and deaths on our roads. We’ll keep you posted on new programs as they are announced.

The children are our future…but only if they stay alive past high school.

Check The Tread

The tire tread provides the gripping action and traction that prevent your vehicle from slipping or sliding, especially when roads are wet or icy. According to Savercar.gov, the nation’s premier source of vehicle safety information, tires are not safe and should be replaced when the tread is worn down to 1/16 of an inch.

Tires have built-in treadwear indicators that let you know when it is time to replace your tires. These indicators are raised sections spaced intermittently in the bottom of the tread grooves. When they appear “even” with the outside of the tread, it is time to replace your tires.

Another method for checking tread depth is to place a penny in the tread with Lincoln’s head upside down and facing you. If you can see the top of Lincoln’s head, you are ready for new tires. (In the photo, the tread on the tire covers the top of Lincoln’s head, so it’s not yet ready for replacement.)

Plan for Floods and Tornadoes

It’s not that we’re safety-obsessed (well, maybe a little…it’s our job), but we’re in the season when anything can happen, weatherwise. If you plan to be driving, pay attention to those “Flash Flood Warnings” that are broadcast when the danger is greatest. And then have a plan for dealing with whatever comes your way.

If you’re driving, don’t cross any roadway that is covered with water unless you know the depth of the water for certain. Some roadways dip and can leave a “puddle” deep enough to stall your car and leave you stranded. Even if it is your only route, don’t cross–turn around and wait the storm out if necessary.

If you do find yourself stuck with a stalled vehicle, abandon your car and walk to higher ground. In some cases, driving rains and floods have been strong enough to carry cars away–if you stay in your car, you’ll be carried away, too. People have drowned because of a decision to stay in a flooded car.

If you spot a tornado, don’t think you can out-run it. Your car may be fast, but tornadoes aren’t confined to roads. They can leap-frog over fields and suck your car up before you know what happened. Instead, get out of the car and seek some sort of substantial shelter–a large building or house with a foundation (sheds and trailer homes don’t count). Once inside, head for the lowest level and look for a room with the fewest windows. Cover yourself with a piece of furniture, cushions, blankets, pillows–anything that might protect you from flying glass and debris.

If there is no shelter, then lie down flat, stomach-side down, in a ditch, culvert, or other depression. Cover  your  head with your hands, and wait for the tornado to pass. (Common sense alert: If the ditch is too full of water to breathe if your head is down, find a different ditch.)

Subscribe to Weather Alerts

You’ll have a jump on the weather if you get weather alerts sent to your email address or cell phone. Some places will even have a recorded message called into your phone! To subscribe to local alerts for your favorite information sources, click here:

WRAL WeatherCall

WRAL Email Alerts

WTVD ABC11 Mobile and Email Alerts

WNCN NBC17 Mobile Text Alerts

Check back later this week for information about how to avoid hydroplaning and other rain/road hazards.

Don’t get us wrong—we love this program. The “Booze It & Lose It: Operation Firecracker” campaign set up sobriety checkpoints throughout North Carolina for the week leading up to the Fourth of July holiday. Officers look for drunk drivers (hence the “booze it” part of the title), but also any other vehicle or criminal infractions.

From June 28, 2010 to July 4, 2010, the state conducted more than 4,600 sobriety checkpoints and dedicated patrols. More than 49,000 criminal citations were issued, including 1,291 impaired drivers were taken off the road, 835 drug charges were issued, and 738 drivers were cited for child passenger safety violations. That’s a bittersweet success. The good news is that the streets were made that much safer…the bad news is that there were so many impaired and unsafe drivers to be caught.

“We received an outpouring of support from law enforcement from across the state during this effort,” said David Weinstein, director of the Governor’s Highway Safety Program. “Their dedication in removing impaired drivers from our roads is greatly appreciated.”

HensonFuerst would like to echo that sentiment, for ourselves, and on behalf of all our clients who have been injured or killed by impaired drivers. Thank you to all the diligent North Carolina law enforcement officers. They help clean up the streets every day, not only on holiday weekends.

To see how your county fared in specific citation categories, click here: Firecracker Totals.

If you are younger than age 65, you could receive your settlement check within weeks. That sounds right, right? Here’s the problem: If you are age 65 or older, your settlement check could be delayed by years. Yes…years. The difference is due to the red-tape run-around involving something called the Medicare Secondary Payer System (MSP).

The MSP was the product of good intentions. It was designed to help keep Medicare solvent by reimbursing the Medicare Trust Fund if another insurance or compensation source is available to pay for health care costs. The timeline (ideally) would go like this:

1. An injury occurs.
2. The medical bills are paid by Medicare.
3. A lawsuit is filed.
4. A lawsuit is won.
5. Medicare is contacted.
6. Medicare bills are tallied.
7. Medicare is reimbursed from the settlement money.
8. The remainder of the settlement goes to the injured person.
9. Other bills get paid and justice is done.

Again, that’s the ideal. In reality, this is what happens (differences are highlighted):

1. An injury occurs.
2. The medical bills are paid by Medicare.
3. A lawsuit is filed.
4. A lawsuit is won
5. Medicare is contacted. (So far, so good.)
6. Medicare sits on the request to tally the bill.
7. Medicare sits on the request to tally the bill.
8. Medicare sits on the request to tally the bill.
9. Medicare sits on the request to tally the bill.
10. Medicare sits on the request to tally the bill. (ad infinitum)
11. Other bills don’t get paid; justice is not done.

The funds that have been won in a lawsuit can be tied up for years due to the red-tape and inefficiencies of the MSP system. And remember, we’re talking about senior citizens–many of them die before they see a dime of the money that could improve their lives.

What Is Being Done?

There is currently a Bill before Congress that would streamline the process of Medicare reimbursement. The Bill (HR 4796: The Medicare Secondary Payer Enhancement Act) will do several things. Most importantly, it will require that Medicare respond to requests for recovery information within 60 days… that Medicare develop an appeals process for repayment determinations…and that there be a 3-year statute of limitations, so that Medicare can’t ignore injured seniors forever.

One has to wonder why the system would allow this kind of bureaucracy or incompetence to continue. Don’t they want funds repaid in a timely manner? Who benefits from keeping the law in place as it is? It seems like no one: The bill was introduced in March 2010 by Reps. Patrick Murphy (D-Pa.) and Tim Murphy (R-Pa.). It is co-sponsored by 26 other Representatives–Democrats and Republicans–and is backed by a varied group of organizations and businesses, including Walmart, the Defense Research Institute, the American Insurance Association, and Safeway.

HensonFuerst also supports the bill. We have seen many of our clients suffer needlessly–additional suffering on top of their injuries–because of the current difficulties with Medicare reimbursement. If you want to read the full bill and see its status, click here: http://www.govtrack.us/congress/bill.xpd?bill=h111-4796

And if you want to send a message of support to your Representative in Congress, go to the website for People Over Profits (http://www.peopleoverprofits.org), or click here to be taken to their dedicated web page: Support HR 4796.

We know that heat can affect the way our bodies run, but it also poses a danger for your car.  High heat is “a real car killer,” said AAA Mid-Atlantic spokeswoman Martha Mitchell Meade in an Associate Press article published Thursday.

Here are some tips for how to prepare your car for the stress of summertime heat:

Maintenance and Performance

• Cooling system. Most summer breakdowns are caused by overheating. Make sure your cooling system is checked out at the beginning of the season, and recheck coolant levels regularly, especially if you drive a lot of miles. (FYI: Wait until the car is cool before removing the radiator cap–too many people have been burned by hot water and steam.)
• Tires. Keep tires inflated to proper pressure, and replace bald tires. Roadways are 15 to 20 degrees hotter than air temperature. A bald or underinflated tire heats up more quickly , breaks down more quickly, and is more likely to blow out. Rotate your tires every time you have your oil changed (and change your oil every 3,000 to 5,000 miles, as recommended by the vehicle’s manual). FYI: Summer is also the time when trucks are more likely to lose their retreads, so watch for flying bits of tire, too.
• Check the battery. Car batteries last, on average, 3 to 5 years… and it can fail without warning.  Hot weather can cause corrosion, and corrosion is the biggest cause of car battery failure. According to the Associated Press, AAA Mid-Atlantic reported that service calls for dead batteries in this week’s heat wave jumped  by about 124 percent.

Avoiding Accidents

• Watch for heat hazards. Just as you need to watch for black ice in winter, summer brings its own set of road issues. In Delaware yesterday, one stretch of highway was backed up for miles when heat buckled a patch of asphalt. Potholes, sinkholes, and heaving can happen out of the clear blue–literally–so keep a watchful eye on the road.
• Watch for stalled or disabled cars. You have prepared your car for summer, but not everyone is as conscientious. It’s a fact of life: there will be cars abandoned on the shoulder…there will be blown-out tires. Worse, there will be drivers who slow down just to take a good long look at an over-heated engine. Keep a safe distance between you and the car in front of you, just in case.
• Be kind–the car you save may be your own. As temperatures rise, so do tempers…and hot tempers means a greater potential for road rage. Try to be a courteous driver, and give others the benefit of the doubt. Our best advice (pun alert) is to simply chill out.

And one final tip: Keep your car stocked with a summer survival kit, just in case you end up stuck on the side of the road. Items that may come in handy are a charged cell phone, dried fruit or other snacks, bottles of water, a hat (in case you need to walk for help), and an instant cold pack that you can use to help decrease your body temperature in the event of an emergency.

Happy travels!

Research shows that talking on a cell phone–even a hands-free phone–increases your risk of being in a car wreck. In fact, driving while distracted is just as dangerous as driving while intoxicated. (Is it time for a new acronym? If we already have DWI, is it time for DWD?)

North Carolina already bans cell phone use while driving for school bus drivers and people under age 18. Texting is banned for all drivers. But as noted by the Road Worrier:

Our partial bans are steps in the right direction, but their limitations make them hard to enforce. Even if a cop sees that driver gripping her new Samsung Galaxy S Pro Android phone, it might be hard to guess how she’s using it or how old she is.

The bill has already been endorsed by the National Safety Council.

HensonFuerst also supports the bill. Cell phones are great–we don’t know how any of us would get through a day without them–but most of us underestimate the effect they have on our ability to pay attention when attention is critical, like when driving. Just yesterday we posted an entry on our Traumatic Brain Injury blog (Head Injury from Summer Fun) that reported that cell phone use is to blame for some of the increase in head injuries for cyclists.

There has to be a way to integrate beneficial technology into our lives, without putting ourselves at risk of injury, trauma, or death. Everyday, the injury attorneys of HensonFuerst represent people who have been seriously hurt in wrecks caused by distracted drivers. Power down the cell phones…save a life.

More Information

To sign a “No Phone Zone” pledge (Oprah’s website!), click here: No Phone Zone Pledge.

If you have been involved in a cell phone-related motor vehicle wreck and you want to learn about your legal rights, see the HensonFuerst auto wreck page: http://www.lawmed.com/north-carolina-auto-accident-lawyer.php.

To read more about the effects of distracted driving, and to watch Public Service Announcement, go here: www.Distraction.gov.

Read the full Road Worrier article:  http://www.newsobserver.com/2010/06/22/545192/senate-pushes-for-phone-free-driving.html#ixzz0rbIVBMPi

WRAL reported that a Raleigh truck accident left the highway covered with hardwood flooring.

The driver of a tractor-trailer collided with a box truck, causing it to tip over and spill its contents onto the road.

One person suffered some injuries during the North Carolina truck accident, but the injuries were not considered life-threatening. He was taken to the hospital to be treated.

Crews worked for several hours to clear the scene of the Raleigh truck accident.

Read more

The Raleigh truck accident lawyers at HensonFuerst can help if you were injured in an accident.