Charlotte Personal Injury Lawyer Blog

On December 13, 2010, Judge Henry Hudson of Virginia ruled a major provision of the Federal Government's recent healthcare reform law (commonly referred to as Obomacare) is unconstitutional. You can read Judge Hudson's entire Opinion.

Under the new plan, all citizens must purchase health insurance by 2014 or face a federal fine. Judge Hudson specifically noted this requirement is the problem, stating "it is not the effect on individuals that is presently at issue - it is the authority of Congress to compel anyone to purchase health insurance".

Judge Hudson clearly noted in his opinion the major political implications of this ruling. He also noted that the parties will likely immediately appeal the case, ultimately to the U.S. Supreme Court. It is important to note that the ruling struck down section 1501 of the legislation, but did not grant an injunction against the implementation of the rest of the plan. Therefore, the healthcare reform (Obamacare) will proceed amidst several other challenges. On the other hand, many analysts note that section 1501 provides much of the revenue needed to fund the reformed healthcare format.

President Obama has defended his plan, arguing the requirement for all citizens to purchase health insurance is analogous to the requirement that all motorists purchase automobile insurance. One question I would have in response to that analogy would be: not every citizen drives a car, thus requiring auto insurance; however, every citizen requires medical attention at some point which must be financed via some method. Therefore, I'm not so sure this simplistic analogy really makes sense.

>FoxNews.com, Federal Judge Rules in Favor of Virginia's Central Challenge to Health Care Law, 12/13/10

Regardless of your political views or opinion regarding the Court's ruling on this matter, it's a fact that the impact of health insurance is quite important on individuals who sustain injuries in personal injury or workers' compensation claims. Despite our aggressive representation of clients, it often takes significant period to obtain compensation for these injuries. Access to medical care through health insurance is a huge benefit to anyone suffering in pain and facing a difficult legal battle. I would suggest that you always try to protect your access to health insurance, and immediately seek the counsel of a caring, skilled attorney anytime you are pursuing a case.

The Ridgeland, South Carolina Police Department has undertaken a new approach to traffic enforcement along I-95. Under a supposed effort to improve highway safety and lower the number of fatalities on I-95, the Ridgeland initiated the I-95 Public Safety Program. The Program has since come under quite a bit of public scrutiny. Basically, iTraffic (an independent contractor) utilizes an automobile on I-95 equipped with a radar and video camera to document a driver's speed, the identity of the operator, and the tag of the vehicle. The company targets vehicles traveling 11 mph over the posted 70 mph speed limit. Subsequently, the Chief of Police sends a letter to the driver with a ticket if the Police can match the driver's picture with the license and tag information. The citation results in a fine ranging from $100 to $300, which can be paid without affecting the driver's record. It appears that most of the ticketed motorists simply pay the fine, rather than appearing in court to dispute the charge. As noted on our website, there are a variety of reasons this approach is the wrong approach.
WISTV.COM, SC Mayor Defends Controversial I-95 Speed Trap, 12/04/10

The Program was initiated under S.C. Code §56-5-70(E), which states:
Citations for violating traffic laws relating to speeding or disregarding traffic control devices based solely on photographic evidence may only be issued for violations that occur while relief from regulations pursuant to 49 CFR 390.23 has been granted due to an emergency. A person who receives a citation for violating traffic laws relating to speeding or disregarding traffic control devices based solely on photographic evidence must be served in person with notice of the violation within one hour of the occurrence of the violation. The provisions of this subsection do not apply to toll collection enforcement.

Continue reading "South Carolina Police Illegally Ticketing Drivers Under Guise Of Highway Safety" »

On December 5, 2010, five adults were tragically killed on Interstate 95 in Florida when their 1999 Ford Expedition rolled over after a tire blew out and the driver subsequently lost control of the vehicle. Four minors were injured in the crash as well.

According to the Police report, only two of the individuals in the accident were wearing a seatbelt. Florida Highway Patrol Lieutenant Bill Leeper noted that seatbelts do increase passenger safety in some accidents, stating "Seatbelts are very important to keep you secure in the vehicle in the event of a rollover crash or a violent collision; It will keep you stabilized," Leeper said. "However, there are some crashes that occur that a seatbelt will not save you. A lot depends on the speed of the crash and the angle of collision."
StAugustine.com, Tire Blamed In Fatal I-95 Crash, 12/07/10

AAA provides multiple safety tips regarding your automobile tires:
• Check your tires regularly.
• Use a tire gauge.
• Inflate your tires to the correct pressure.
• Know when your tires need to be replaced.
• Rotate your tires regularly.

AAA notes that indicators that your tires require maintenance include: side-to-side "waddling" at slow speeds; an increased shimmy / vibration at increased speeds; a sharp pull to the side (misalignment); and weaving / fishtailing.
8newsnow.com, AAA's Tire Safety Tips, 12/08/10

You may want to review this brief, instructional video of how to handle a tire blowout as well.

We hope that you will keep this unfortunate family in your thoughts. We also hope you will consider the above-noted tips for the safety of you and your loved ones. In the unfortunate event that you or a family member sustain a serious injury or death, please remember that it is crucial that you immediately seek the consultation of a lawyer who will walk you through the legal process one step at a time. Under no circumstance should you speak with the insurance company - those whose sole aim is to deny your claim / pay you as little compensation as possible.

Eric Shelton is twenty-seven years old, and lives in Charlotte, North Carolina. He played one season in the NFL during 2006 with the Carolina Panthers. Mr. Shelton later sustained a neck injury during a helmet to helmet collision in the Washington Redskins training camp in 2008. He subsequently filed a claim under the NFL's disability plan for a permanent neck injury. He was awarded benefits for "degenerative" impairments that appear more than six or twelve months after an original injury, rather than the maximum benefit for injuries that cause immediate, permanent harm.

Mr. Shelton has now filed a lawsuit in U.S. District Court alleging the NFL's disability plan improperly withheld benefits for his injury. This case is interesting given the recent publicity regarding helmet-to-helmet impacts in the NFL, and the efforts among both the league and the players' union to reduce the effects of such collisions. Workers' compensation cases filed by former NFL athletes, Mr. Shelton's case, and the recent acknowledgment of the neurological risks of helmet to helmet impacts, could result in increased compensation of NFL players who worked in the era when the league disputed those risks. Cy Smith, who represents Mr. Shelton remarked "Talk is cheap -- it's easy to put out posters and public-service announcements and levy fines for hits that occur on Sundays, but when a player is seriously injured on those hits, the league says something completely different." "The plan's position that this must be degenerative is in sharp contrast to how dangerous these hits are. The mechanism of injury here is what they've said 1,000 times is the most dangerous."

Continue reading "Former Charlotte, North Carolina Football Player Sues For Work-Related Injuries" »