October 2009
Schools are back in session,temperatures are finally beginning to fall, and the Panthers are once again breaking my heart. It can only mean one thing -- time for an autumn issue of the"Legal Trends" newsletter.
In this "edition" we take a quick look ata new hazard posed by the increased use of hybrid cars because they are "too quiet" (seriously), and another look at "Distracted Drivers"and some of the many articles and videos that have come out since our last newsletter. There'ssome "new news"on increased court feesin North Carolina, and I make a few comments about whether "tort reform" is the key to solving all that's wrong with the American health care system.
As always, I look forward to getting your feedback on any of these issues, good or bad. And of course, anytime you have specificquestions aboutany legal concerns, please don't hesitate to let us know. (Even if my office can't help you directly, we'll always try to point you in the right direction!)
All the best,
Mike Daisley
WELLS DAISLEY RABON, PA
1616 Cleveland Avenue
Charlotte, North Carolina 28203
mdaisley@wdrlawfirm.com
Phone: (704) 375-1800
How quiet is "too quiet"?
Hybrid and battery-powered cars pose a danger to pedestrians, especially the vision-impaired.
As a proud owner of a FordEscape Hybrid (that I purchased when gas was $4.10 a gallon...where's the justice?), I was surprised toread in a recent Washington Postanalysis that my quiet and smooth riding gas-savermay pose a real danger that concerns both industry and government analysts. The chart to the right gives some indication of how much more difficult it is to heara Prius or Volt (oran Escape like mine) approaching at low speeds. This can be hazardous for any pedestrian, butit is especially true for anyone who has to use hearing to judgetheir surroundings. The National Federation of the Blind has tried to raiseawareness of thisspecial risk.
If you drive one of these "glorified golf carts" (asmy teenagerdescribes my car), please remember that shoppers, kidsand seniors crossing streets andparking lots may not hear you coming...so BE CAREFUL OUT THERE!
(Question: If it's a good idea for battery-powered cars to make some sound at "parking lot" speed, what kind of sound should it be? I'm thinking a Star Wars light saber.)
Update on Distracted Driving
A new nasty video drives home the point that EVERY teenager needs to see...Buta real story should hit home even more.
In the last edition of LEGAL TRENDS, we notedsometheincreasing research into the epidemic ofdeath and damage being caused by "distracted driving."
Since then,aYouTube video made in Europehas gone "super-viral" and shows -- in very explicit (a teenager mightsay "gross" )detail --what it's like to be inside the car of a driver texting but failing to see that she's crossed the center line. As scary as thatvideo is, it is a simulation. An all-too-real tragedy occurred last month on alocal level, when a15-year girl Stanly County girl was killed by losing control of her car while trying to text her mother.
Because ofa law passed in June, North Carolina will ban texting by alldrivers,effective December 1 of this year. Meanwhile, if you have a "teenage texter," show him or her these videos and articles and research, and tell them about the new law. It can't come soon enough.
Business Lawsuits Become Even More Costly:
Non-refundable Filing Fee to North Carolina's "Business Court" is now up to a cool ONE THOUSAND DOLLARS!
It's no secret that North Carolina legislators were doing all sorts of "imaginative" things to balance the state's budget over the summer. One little-noticed"revenue enhancement" (sounds so much better than"tax increase" doesn't it?) will cost small businesses dearly, at least those that they have been wronged by another business in a complex commerical transaction.
Effective this month,Civil Court filing fees increasedfor almost all types of cases (although Small Claims fees actually went down slightly). Butthe "keys to the Courtroom" for North Carolina's Business Court increased FIVE-FOLD -- from an already-hefty $200 to a mind-numbing $1000!
Old Arguments Gain New Steam:
Discussions on Health Insurance Reform
Now Include Calls -- Again! -- for"Tort Reform"
Once again, political debates are heating up over whetherthe solution to skyrocketing health care costs is to LIMIT your legal rights.Supposea child has to go to the ER, anddespite the ER docbeing a very nice person and competent professional, a bad and costly mistake is made. (Studies show medical mistakes cause tens of thousands of deaths a year.) If a child ishurt moderately, then"tort reform" efforts to limit non-economic damages to $250,000may have no effect.It's whena child is hurt really, really badly that the tort reformers want Federal rules toveto the best judgment oflocal jurors.
Here's the deal...If (and that's a big IF) health carecosts are significantly increased by "defensive medicine" (although many analysts say that financial incentives and patient demands play a much bigger role in the "overuse" of tests), then there are other ways to ensureagainst "frivolous" lawsuits. For instance a recent article in the Charlotte Observer noted that North Carolina requires EVERY case against a doctor or hospitalto havethe backing of a qualified expert BEFORE a lawsuit can be filed.
Imagine -- a local solution withOUT the "help" of Congress!
Don't forget -Our Website's Available 24/7
Lots of Handy Resources, Especially On
Preventing Drunk Driving, and Links to Legal Info
Earlier this year, our law firm launched a new and improved website (www.wdrlawfirm.com) that provides a lot of information on different areas of the law, and more fully describes our attorneys and the legal services they provide.
Not only is there a section on general negligence and injury litigation(my particular area of emphasis), but I am particularly proud of the extensive information and resources linked through our webpages on Drunk Driving Accidents.Of course, it is not necessary to go through our website if there are any particular questions on special situations. A quick email to mdaisley@wdrlawfirm.com or a phone call to (704)375-1800 is all that's needed.
Contact Us:
Wells Daisley Rabon, PA
1616 Cleveland Avenue
Charlotte, North Carolina 28203
(704) 375-1800
Fax: (704) 347-0680
