The Dangers Of Driving Under The Influence Of Any Drug, Including Pot

Guy W. Crabtree

In North Carolina, a person is guilty of driving while impaired if they operate a motor vehicle while under the influence of alcohol or an impairing substance. The THC in marijuana would be considered an impairing substance. One would be impaired within the meaning of the law if one had taken a sufficient amount of THC to cause him to lose the normal control of his bodily or mental faculties, or both, to such an extent that there is an appreciable impairment of either or both of these faculties.  

While we too often encounter wrecks caused by drivers impaired by alcohol, a case involving impairment solely by THC is rare. One reason, of course, is that there is no roadside or magistrate’s office testing apparatus that can easily measure the amount of THC in a driver’s blood. There is no breathalyzer test to detect THC. A blood draw and testing of that blood is necessary.  

When investigating a case where impairment is suspected and the at-fault driver was taken for medical treatment as a result of the wreck, we always attempt to get the medical records, including the lab reports, from that treatment. The blood test will usually include testing for TCH and other drugs. If drugs are present we can and will use that information in our client’s favor as we prosecute our client’s case. 

Causing injury and damage while driving while impaired will subject the impaired driver to punitive damages and we will often include such a claim in the overall damages claim.

Guy W. Crabtree is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC. The firm helps injured parties from all over the nation recover from injuries caused by the negligence of others.

You Should Know: Forced Arbitration Is Forced Injustice

Tia’s employment case against Circuit City was thrown out of court even though her boss sexually harassed her for months, once even exposing his genitals. Javier lost his job when he was deployed overseas despite federal laws protecting employment for members of the armed services. Alan and other small business owners were told they couldn’t take American Express to court for charging exorbitant exchange rates. Marjorie, Roberta, Richard, Dean, Frances, Beulah, Horace and Mary all suffered terribly and died from nursing home neglect, yet their families were not able to sue the nursing home companies.

How could injustices like these be allowed to exist in America where everyone has the right to take wrongdoers to court? It’s called forced arbitration, and you or a loved one may be next to lose your rights.

Harassed, Assaulted and Then Dismissed

Tia was sexually harassed by her boss at Circuit City for months. Her story here.

Tia thought she was taking a step forward when she became a manager-in-training at electronics giant Circuit City. Instead she endured months of sexual harassment by her boss, who at one point exposed his genitals to her. He was also captured on video grabbing Tia’s hand and parading her around the store as she tried to escape.

But the worst was yet to come. When Tia filed a sexual harassment claim against the chain, her lawsuit was thrown out of court because of a legal time bomb in her employment contract called a forced arbitration clause. Circuit City went out of business while Tia was in arbitration and her case was dropped.

A “Get Out of Jail Free” Card for Corporations

Dean Cole’s family tried holding a Minnesota nursing home accountable in court after he died of neglect, but they were forced into arbitration where the truth was hidden from the public. His story here.

Tia is among a growing number of Americans learning about forced arbitration clauses the hard way. Thousands of businesses, from credit card companies, banks and investment firms to cell phone providers, schools and nursing homes, are inserting legalese into employment contracts and service agreements called “forced,” “binding” or “mandatory arbitration.” When something goes wrong – and in some cases terribly wrong – the customer, renter, homeowner, resident, patient, employee, etc., is forced into arbitration. And that’s when the bomb goes off!

Individuals almost always lose to businesses in arbitration (97 percent of the time according to a 2007 Public Citizen report) because arbitrators are hired and hand picked by the offending businesses. Decisions from the arbitration proceedings are secret, and there is no appeal. Most forced arbitration clauses also include a ban on class-action lawsuits as well, preventing consumers from joining forces to fight wrongdoing. A recent investigative series by the New York Times called forced arbitration “a far-reaching power play orchestrated by American corporations,” and quoted state judges who called it a “get out of jail free” card.

A Short But Disturbing History

The use of forced arbitration clauses is a relatively new tactic developed by a Wall Street-led coalition of credit card companies and retailers. Their goal, according to interviews with coalition members and court records, was simple: find a way to legally insulate businesses from lawsuits. Consumers and advocacy groups eventually cried foul and challenged the use of forced arbitration clauses and the ban on class-action lawsuits. But in 2011 and again in 2013, the U.S. Supreme Court upheld forced arbitration. With the floodgates now open, the use of forced arbitration clauses exploded far beyond the financial services industry and is now found in everything from daycare and dog sitting services to cable television and funeral homes.

How Do You Fight Back?

You can learn how to identify arbitration clauses before you sign a contract or click the little box next to “I agree to these terms and conditions.” You can then take your business elsewhere. However, this option isn’t always practical if you want cell phone service, for example, or need a new job. Your other option is to support efforts by some lawmakers, government agencies and consumer advocacy groups to stem the tide of forced arbitration. Here’s a few:

• The Consumer Financial Protection Bureau (CFPB) is a government agency that protects consumer rights in the financial services industry. The CFPB recently announced a proposed rule that would ban class-action waivers in service contracts for credit cards, checking accounts and other financial services. Right now the CFPB wants to hear from the public on this proposal. Go here to add your comments and support the ban on these restrictive waivers.
   
• The Centers for Medicare and Medicaid Services (CMS) is also working on a similar provision, which would forbid mandatory arbitration clauses in nursing home contracts.
   
• The Department of Education has recently announced it’s considering a proposal that would prohibit colleges from including mandatory arbitration clauses in their enrollment contracts with students.
   
• U.S. Sen. Al Franken (D-Minn.) and U.S. Rep. Hank Johnson (D-Ga.) have introduced the Arbitration Fairness Act, which would do away with forced arbitration clauses in contracts that ban class-action in employment, consumer, antitrust or civil rights disputes. To voice your support of this legislation, sign our petition at Take Justice Back.

 This article appeared in our May 2016 "You Should Know" e-newsletter. 

You Should Know: Cell Phones Not the Only Cause of Distracted Driving

Teens Most at Risk but Often Learn Dangerous Behavior from Parents    

Americans hate to waste time, even while driving. Whether via smartphones or the new hands-free systems standard in many vehicles today, we can talk with friends, family or business associates, search for the nearest gas station, or pull up a review of that new restaurant. Most people also think they can do all this while driving and not cause a crash. But that’s where they’re wrong: An estimated 431,000 people were injured in distracted driving-related motor vehicle accidents in 2014, up from 424,000 in 2013. The death toll was 3,179.

What exactly is distracted driving? Cell phones factor into many kinds of distractions, but there are plenty of other ways to lose focus while driving. The three types of distracted driving as identified by the Centers for Disease Control (CDC) are:

• Visual: taking your eyes off the road
• Manual: taking your hands off the wheel
• Cognitive: taking your mind off of driving

This can include texting, talking on a phone, eating, grooming, reading, using a navigation system, adjusting music or reacting to the behavior of a passenger.

Texting while driving tops the list of dangerous distractions and has already been banned in 46 states. Research has shown that texting and driving is as dangerous as driving while intoxicated. Texting is also the communication method of choice for most young people. Therefore, it is not surprising, say many safety advocates, that drivers under 20 have the highest proportion of distraction-related fatal crashes.

Parents can play an important role in teaching their teens about the dangers of distracted driving by setting a good example themselves, yet 48 percent of teens have seen their parents use a cell phone while driving. Fifteen percent have seen their parents texting while driving [download report].

Watch for Other Distracted Drivers and Pedestrians

Even if you’re a good driver and try to stay focused on the road at all times, you have to be aware of others who might be distracted. Ninety percent of adults consider distracted driving unacceptable in other drivers, yet 35 percent of those same drivers admit to driving distracted. Defensive, focused and cautious driving is your best bet to prevent an accident with a careless driver.

Another dangerous behavior on the rise is distracted walking. Even if a person is not behind a wheel, they can be at risk if walking while talking on a cell phone or listening to music through headphones. Among those 19 and under, teens account for 50 percent of all pedestrian deaths. Older teens have accounted for a staggering 25 percent increase in pedestrian injuries in the past five years. Over half of all adults have been involved in a distracted walking encounter.

Stop Distracted Driving Before It Stops You

Distracted driving accidents may be on the rise, but these incidents are 100 percent preventable. Here are some commonsense tips on how you can protect yourself and others:

• Visual distractions: Keep your eyes on the road, pull over to read directions, and put your phone away.
• Manual distractions: Keep your phone out of reach, make all adjustments before driving, and don’t reach for items while driving.
• Cognitive distractions: Avoid phone calls (even hands-free), stay focused on the road, and keep your emotions in check.

Also consider visiting EndDD.org for a safe driving agreement that you can print and share with your family. Together, we can keep our streets safe for pedestrians and drivers alike.

 This article appeared in our April 2016 "You Should Know" e-newsletter. 

Lessons I Learned When a Friend Died

Angie Elliott

There is no good time to bring up the subject of death and dying. There is no happy way to discuss such a sad topic.

And yet we have to talk about it – and plan for it – because doing so may spare our loved ones unnecessary time, money and grief.

I learned this over the past year, as I’ve served as Administrator of the estate of an old friend who passed away unexpectedly this summer.

He was 53 years old.  We were not especially close any more, but he had been an important part of our lives for many years. His will was old, and my name was still listed. After much thought and prayer, I accepted the role of Administrator.

I suppose this is lesson number one – expect the unexpected. After all, serving as estate Administrator is really not something you expect to do for a peer or friend, especially at our age. 

Lesson two – just because I work at a law firm and am familiar with estate planning and administration didn’t mean I didn't still have much to learn. There was lots of on-the-job training.

Here are some practical pointers worth sharing.

• Make sure you communicate with your family if you want to be buried or cremated (or an organ donor, etc). That is a hard decision for a family to make in the heat of the moment if you have no idea what your loved one’s wishes are. Cost should be a factor in this decision. Are you leaving your family enough money to have a funeral?
• Create a “when I die” memo and make sure your spouse/significant other/child/parent/somebody knows where it is located. In this memo you should mention (again) your wishes regarding your physical body and a service (I personally want it to be a par-tay!). You should list where your will is located, and other important documents. (One dear friend, who shall remain nameless, has a will but did not know where it was located when I asked her.) If the will is in a safe, share the combination! Also list all bank accounts, stocks/bonds, insurance policies and other financial info. Don’t make your family have to guess about this stuff. Or potentially miss something important.
• Generally speaking, have your bills and personal paperwork filed and in order. Everything dumped in a box is not in order.
• Make sure your estate planning documents are up to date!  I cannot stress this enough.  People die, friendships fade, laws change, children/grandchildren are born. If you don’t have a will, get one. Don’t assume anything.  People WILL fight about money.
• Lastly, get rid of all your crap. Keeping a bunch of stuff in your attic or garage or shed for your family to have to sort through is really not a nice legacy to leave behind. It is heart wrenching to have to throw away someone else’s stuff. And time-consuming and costly and exhausting. We estimated that it took us about 200 hours to clean out the house, garage and shed. 

Writing this was sort of therapeutic for me. I hope it makes you think. And then don’t just think, take action. 

You Should Know: Will Your Auto Insurance Be There When It Matters Most?

Serious Accidents Can Quickly Exceed Your Policy Limits

Greg is married and the father of three small children. He is driving home from work when a distracted driver blows through a stop sign and slams into his car. After a long hospitalization, two surgeries, extensive physical therapy and two months away from work, Greg contacts a lawyer to help him and his wife sort through a mountain of bills and insurance red tape.

“Greg,” says his lawyer a week later after a short investigation. “I have bad news: The distracted driver was uninsured and has no appreciable assets. Here’s worse news: We can only recover part of the damages for the injuries you suffered because you purchased the minimum amount of uninsured/underinsured coverage available in your auto insurance policy. I’m afraid you and your wife will have to cover the difference.”

This scenario is all too familiar to those of us who help good people hurt in bad car accidents. They often think they have “full coverage” if they have met the insurance requirements to drive a car in their state. If you already have auto insurance or are thinking about buying coverage, consider these tips:

Tips for Analyzing Your Policy or Buying New Insurance

1. Check your liability limits

If you are at fault in an accident and the other driver’s damages exceed available benefits, you can be held personally liable. In other words, you could lose your savings or your house. And while the minimums in your policy might seem like a lot of money, it can quickly vanish. Many insurance experts suggest beefing up liability limits to at least $100,000 for injuries caused to one person, $300,000 to two or more and $50,000 for damage to the other car. Even more might be required if you own a home or have appreciable assets. Also consider adding relatively inexpensive “umbrella” coverage to your existing liability and uninsured/underinsured benefits for more protection.

2. Review Personal Injury Protection (PIP)

If you live in a “no-fault” state, you will turn first to your Personal Injury Protection (PIP) for payment of wage loss, medical bills and other expenses from an injury crash for yourself or others in your car. If these benefits run out, you can make a claim on the negligent driver’s liability coverage. PIP benefits can be increased, or you can “stack” them if you have more than one car on your policy. PIP benefits or something similar might also be available in states without no-fault insurance requirements, but you should discuss this coverage with your insurance agent.

3. Look Hard at Uninsured/ Underinsured Benefits

One in eight drivers across America is driving uninsured, according to the Insurance Research Council. Many more drivers carry minimum liability protection. If you are in an accident with a uninsured/underinsured driver, you may need much more coverage than the minimums available in your insurance policy.

4. Review the “Extras”: Comprehensive and Collision

Your first priority should be protecting yourself and your family with adequate levels of liability, PIP (where applicable) and underinsured/uninsured benefits. If you’ve achieved that goal, then decide if the annual cost of comprehensive or collision makes sense given the value of your car.

5. Research Your Insurance Company

If you get into an accident and have to file a claim, will your insurance company be prompt and helpful? What is their financial rating? Do some research on any insurance company you are considering. Check with your state department of insurance to access financial ratings, and use websites like Consumer Reports or the Better Business Bureau to investigate a company’s customer service record.

6. Get It in Writing

Before you sign any policy, read it through completely. Request a detailed breakdown of all charges and make sure you are paying exactly what the insurance company has quoted. This glossary of insurance terms can help make the lingo a bit less confusing.

7. Finance Your Premium

More often than not, financing your premium will be less expensive. Paying your entire coverage for six months or a year instead of paying monthly will most likely lower your rate.

8. Get Accident Forgiveness

Ask the insurance company if they offer accident forgiveness. Under a plan that includes this coverage, your rates won’t go up after your first accident.

9. Receive All Possible Discounts

There are many different discounts you may qualify for, including some that you may not even know exist. Ask the insurance company for a complete overview of every possible discount to see what you may qualify for. Some examples of discounts include:

• Multi-Vehicle: Insuring more than one vehicle at a time.
• Anti-Theft: This discount applies to those who own a car with a theft-deterrent device.
• Good Student: Full-time high school and college students who maintain good grades.
• Low Mileage: The average American driver travels 12,000 miles a year. You may be eligible for a discount if you travel below this average.
• Good Driver: Given to those who do not receive speeding tickets or other types of driving violations.
• Preferred Parking: Having covered or secured parking can keep your car from being hit in a general parking lot or on the street. 

10. Finally, Shop Often

The insurance company you purchased from 10 years ago may not still be your best bet. David Marlett, Chair of the Department of Finance, Banking and Insurance at Walker College of Business encourages policy holders to shop around every three years. He also suggests that shopping after a major life change – marriage, a child turning 16 or a move to a new city – is a good plan.

This is a simplified overview of auto insurance coverage. If you’ve been in an accident, call us as soon as possible to discuss the specifics of your particular situation.

 This article appeared in our March 2016 "You Should Know" e-newsletter. 

The Importance of Un- and Underinsured Motorist Coverage

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Ryan Connolly

So, what happens if you are in a serious wreck and the at-fault party has no or little insurance coverage? If you are smart you would have planned for that unfortunate occurrence when you renewed your automobile insurance.

For example, I try to spend as much time riding my bike as possible.  Unfortunately, more time on the road also means greater risks of an accident. In my line of work, I’ve seen enough incidents involving cyclists being hit by cars to make me more than a little nervous when I strap on my shoes for a ride. Sure, there are certain precautions you can take to prevent an accident from occurring (wear visible clothing, stay near the shoulder, don’t ride during high traffic), but there is not much you can do to prevent a careless or distracted motorist from hitting you. You can do everything right and still be the victim of a negligent driver. 

I have seen many individuals who have been seriously injured due to the negligence of others. This is especially true in bike-car collisions. Best-case scenario, you’d be out for the season; however, more likely than not, your life and that of your family may be forever changed. 

If you are hurt in a bike wreck and it is someone else’s fault, your expenses could be substantial. Many drivers only carry minimal liability coverage ($30,000.00 in North Carolina), meaning that if you were seriously hurt in a collision, you could be personally responsible for medical bills, lost earnings, rehabilitation expenses, and you’d receive no recovery for your pain and suffering or your long-term damages. Do not count on the average driver to have adequate insurance coverage to fully compensate you for the expenses you would incur in a serious wreck. In North Carolina, about one in four drivers are either uninsured or underinsured. To protect yourself from their negligence, it is important to purchase something called uninsured and underinsured motorists’ coverage. You can easily add this coverage to your own automobile insurance policy. This insurance will kick in and pay your damages when the careless driver has no or inadequate insurance. The cost of this coverage is minimal. For instance, I pay about $15.00 a month extra to get $1,000,000.00 in uninsured and underinsured coverage. Uninsured and underinsured insurance will protect you from financially irresponsible drivers and provide you with peace of mind as you are pedaling down the road.  Call your insurance agent today.

For more information on uninsured and underinsured motorist coverage click on the video in the “Bookmarks/Favorite” section of this month’s newsletter. 

Ryan Connolly is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC. The firm helps injured parties from all over the nation recover from injuries caused by the negligence of others. Ryan is an avid runner, cyclist, and swimmer and competes in triathlons around the state each year.