Winston-Salem Personal Injury Lawyer

What's your plan for 2012?

Michael Lewis — Mon, 02 Jan 2012 11:33:14 GMT

One of the most important things I've learned is this:

Yesterday cannot be changed: Tomorrow can be whatever you want it to be.

No matter what hardships you faced in 2011, your future is in your own hands. You cannot change the mistakes you made or the the misfortunes you encountered, but you can change what happens next.

2012 can be the best year you've ever had. But only if you make plans and only if you follow through. Learn from the missteps you made last year, but don't let them drag you down.

Make a plan. Persevere. Make Tomorrow what you want it to be.

Originally posted at The Legal Examiner by Michael Lewis

2011: Giving Thanks

Michael Lewis — Fri, 30 Dec 2011 01:39:56 GMT

With the close of 2011 at hand, I find myself looking back on the events of the past twelve months and giving thanks to all the hundreds of people who have entrusted my firm to help them.
I am thankful for the tremendous team of dedicated professionals that I have had the opportunity to work with at Mike Lewis Attorneys. They have done a remarkable job of providing quality and caring service.
It is incredibly gratifying to see the positive impact our efforts have had on families who didn't know where to turn to be treated fairly and get justice.
I have been representing "the little guy" for more than 41 years now. I worry about the relentless attacks on our system of justice from powerful interest groups who would deny access to the courts by those who need it most.
Thus, I give thanks that most Americans still believe in and understand the importance of following the Rule of Law, and holding the careless and negligent accountable for the harm they cause to others.
I especially give thanks to the men and women of our Armed Forces who stand in harms way---every day and every night---to protect us all and preserve the many freedoms we are so blessed to have.
And most of all, I give thanks to my wife, Kathy, for her belief in me and her commitment to "us". We celebrate our 43rd wedding Anniversary on New Year's Eve, and I have never loved her more.
What will you give thanks for tonight?

Originally posted at The Legal Examiner by Michael Lewis

Is Bankruptcy the right thing for you?

Michael Lewis — Thu, 15 Dec 2011 11:28:51 GMT

In these tough economic times, lots of individuals and families are struggling to make ends meet. When the bills become overwhelming and family income simply isn’t providing enough to cover everything, many people start sacrificing some of the comforts they have grown accustomed to: maybe getting rid of the extra car or downsizing into a smaller house. Unfortunately, sometimes it simply isn’t possible to “downsize” enough and if that is the case, there may be legal options available.

I’m talking, of course, about filing for bankruptcy. While that may be an ugly word to some, the truth is, that bankruptcy may be the most responsible financial decision you can make when you are in over your head. It is a legal path to getting you back on the right track financially, while at the same time ensuring that all your creditors are dealt with fairly.

Bankruptcy is anything but a free-ride. Instead, it is a very complicated legal process that requires the filer to really get their finances in order. Depending on the type of bankruptcy used (yes, there are multiple types) this might involve eliminating some of their debt, while still holding them responsible for many other types of debt. Alternatively, it could just mean getting legal help to come-up with a full payment plan that your creditors have to respect. Even when the bankruptcy involves some debt relief, that comes with a cost in the form of losing certain types of personal property. In addition, filing for bankruptcy can carry with it some serious long-term consequences.

An understanding of the bankruptcy process and how it works to give an individual a fresh financial start reveals that it is a system designed to ensure individual responsibility. As a result, it is an extremely powerful legal tool. So while it’s not necessarily “ugly” or “wrong” to file for bankruptcy, it does deserve serious thought before moving forward with a bankruptcy filing. The courts and the law do some of this work by establishing specific criteria before someone is allowed to use bankruptcy.

But beyond meeting the minimum legal requirements for filing, it is a good idea to do a complete assessment of what your particular bankruptcy might look like and what non-bankruptcy alternatives might be available to you. In many cases, bankruptcy might be the option of last-resort when all other attempts have failed you. But that doesn’t mean it isn’t a worthwhile and financially responsible option.

Originally posted at The Legal Examiner by Michael Lewis

In Memory of Heather Lerch: Don’t Let an LOL Become an OMG

Michael Lewis — Mon, 21 Nov 2011 09:20:29 GMT

“Dan, honey, wake up. It’s after 1:00 a.m. and Heather isn’t home yet.”

Wendy knew something was wrong. It was a Tuesday night and her 19-year-old daughter, Heather, was due home over two hours ago. Heather was working until 10 p.m. at their local SUBWAY, and it wasn’t like her to make plans after work without a call or text home.

“Did you call her cell? Maybe she went out.” Dan Lerch was half asleep as his wife of 30 years was urgently nudging his arm. He knew his daughter well. Heather was very responsible, and he was very proud to be her father. Having just graduated with honors from Tumwater High School, Heather was an avid student who now studied forensics at Centralia College. She always loved to watch the television show “CSI:.”Heather was also an amazing athlete with her snow skiing and snowboarding abilities. Dan smiled to himself remembering how much Heather enjoyed their last family vacation in White Fish, Montana in December 2009, with her younger brother, Brandon.

“I have been calling, and it’s going right to her voice mail.” The worry in Wendy’s voice told Dan that sleep was no longer an option. “Why don’t we go out and look for her. Surely her phone is out of battery or maybe she had a flat tire.”

Dan loved raising their children in Rochester, Washington. With a population of 12,000, Rochester was quaint enough to know Heather’s common driving routes – whether to work, school or to a friend’s house. As Dan and Wendy drove around the curve, about 3 miles from home, they saw the reflection of emergency vehicle lights on a white fence. Wendy also noticed a white van with no lights on it. She would later realize this was the coroner’s van.

Dan grabbed Wendy’s hand. Several emergency vehicles were parked with emergency workers and police walking around. Wendy was more curious now than worried, since obviously this accident had not just happened. They parked their car and walked up to the scene. As they looked closer, Wendy said, “Oh my God, Dan – that’s Heather’s car.” They started running toward a state trooper shouting, ‘Hey, that’s our daughter’s car! That’s Heather’s car!” Wendy tried to push through him, and the state trooper stopped her and said, “You don’t want to go down there.” Wendy was very persistent. “Why? We have to help our daughter! That’s her car!” Then without warning, the trooper simply said, “Because she’s dead.”
On February 24, 2010, the coroner told Dan and Wendy that at 10:27 p.m. Heather received a text message on her cell phone. At 10:30 p.m., as Heather was driving along Littlerock Road, she hit the guard rail. They all firmly believe that Heather lost control of her car because she was text messaging while driving. Wendy realized this also meant their daughter had been dead for three hours, trapped in her car, and no one had notified them. As the mother of a teenage driver, I believe that thought alone would break any parent’s resolve.

The coroner said Heather was wearing her seat belt. However, the impact of the crash was so great that it pushed her two feet over into the passenger seat, and she died instantly. As he continued to explain the circumstances around Heather’s death, all Wendy could think about was how her daughter had been dead for three hours and she didn’t know. How can she be dead? Heather had just purchased her new car a month ago for her 19th birthday, and she loved it. She was such a beautiful girl, both inside and out, with so much more life to live. How could something as senseless as returning a text message kill her daughter?

Dan and Wendy did their best to raise Heather as a safe and aware driver. They even made her sign a contract outlining all her responsibilities as a teenage driver, including the promise to never drink and drive, and to always wear her seat belt. They weren’t aware that cell phone use while driving was so dangerous; they had never even heard the words “distracted driving.” Every teenager they knew had a cell phone, and it was definitely Heather’s favored form of communication with all of her friends.

At Heather’s funeral, they were approached by a lady who asked them if they would talk to the Washington State Department of Licensing, and help spread awareness that texting while driving is extremely dangerous, and too often, deadly. They agreed. They have also allowed state troopers to display Heather’s wrecked car at high schools with a clear message of, ‘THIS is what happens when you text and drive. Don’t let an LOL become an OMG.”

Wendy is often asked to speak at high school assemblies and in classes. Although it is very painful for her to speak publicly about her daughter’s death, she wants to help other parents and teenage drivers understand how deadly cell phone use is while driving. Wendy sees people using their cell phones while driving, and she wants to yell at them to put their phones down.

“It’s almost an epidemic,” Wendy said.

According to the U.S. Department of Transportation, distracted driving is defined as any non-driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing. Any distraction can endanger a driver’s safety; however, texting is the most alarming because it involves all three types of distraction – visual, manual and cognitive.

The statistics of teenage drivers using the cell phone while driving are stunning. Lawmakers are working tirelessly to pass legislation that prohibits cell phone use while driving, especially for teen drivers. Thirty states, Washington, D.C., and Guam currently ban text messaging for all drivers. Eleven of these laws were enacted in 2010.

“Parent involvement is a critical element in teen driver safety,” said Janet Froetscher, president and CEO of the National Safety Council. “We ask parents to set rules and enforce consequences. Three rules all parents should enforce include no passengers, no nighttime driving – especially after 10 p.m. but sooner is better – and no cell phone use. This is especially important for novice drivers. These are components of strong GDL laws, and they are rules parents can implement and enforce.”

“Please don’t text and drive. Come home alive.”

-Dan and Wendy Lerch,
Heather’s Parents

For more on Heather’s story, you can visit heathersstory.org, a great source of information for parents and teenagers on the dangers of texting while driving.

[Originally published on www.thesafetyreport.com]

Originally posted at The Legal Examiner by Michael Lewis

9 Safety Tips for Bus and Truck Drivers

Michael Lewis — Fri, 18 Nov 2011 12:03:16 GMT

Although commercial vehicle drivers are trained professionally, they too can make mistakes or get in the habit of driving carelessly.

Just as passengers need to practice appropriate safety measures, the drivers of these automobiles are ultimately responsible for the safety while on the road. Brushing up on “good habits” such as getting enough rest, keeping your distance behind another vehicle, and properly maintaining your truck or bus can save your life and the lives of others. Review these very important safety tips to ensure a safe ride:

Take care of yourself! The most important part of a moving truck or bus is the driver! Get plenty of rest before getting behind the wheel. Eat well and stay fit. Remember, hours of service violations are serious and can threaten your livelihood or even your life. Stay healthy and well rested, or don’t drive!
Always maintain your vehicle. Inspect your vehicle before each trip and check your brakes regularly. Learn how to inspect your brakes, identify safety defects, and get them repaired before risking your life and others on the highway.
Be aware of your “NO-ZONE”. Other drivers may not be aware of the size of your truck’s blind spots. Be vigilant in watching out for vehicles in the No-Zone. The No-Zone represents the danger areas, or blind spots, around trucks and buses where crashes are more likely to occur. One-third of all crashes between large trucks and cars take place in the No-Zone.
Slow down in work zones. Watch out for highway construction. Stay alert. Work zone crashes are more likely to happen during the day. Almost one-third of fatal crashes in work zones involved large trucks. Take your time going through work zones and give yourself plenty of room. Expect the unexpected!
Always keep your distance. Always leave enough space between you and the vehicle in front of you. If you hit someone from behind, you are typically considered “at fault,” regardless of the situation. Large trucks require more stopping distances than other vehicles. Take advantage of your driving height, and anticipate braking situations.
Fasten your seat belt. Buckle up for safety and control. If you are in a crash, a seat belt can save your life and those around you. It will keep you in your seat and allow you to maintain control of your truck or bus. A major cause of truck and bus driver fatalities involves being ejected from the vehicle. Wearing seat belts is still the single most effective thing all drivers can do to save lives and reduce injures on our roadways.
Always drive defensively. Avoid aggressive drivers! It’s estimated that each year two-thirds of all traffic fatalities are caused by aggressive driving behaviors. Keep your distance and maintain a safe speed. The only thing speed will increase is your chance for a crash.
Work to help yourselves. Be the professional on the highway and at safety events! Help stranded motorists; notify traffic safety agencies of crashes, unsafe drivers, unsafe roadway conditions, and other situations that can lead to crashes. Join a “Highway Watch” program, if available in your state. Your participation in public safety events and your performance on the highway can change public perception!
Tell your local Department of Transportation what is wrong. If you know of unsafe situations, inform the U.S. Department of Transportation. This includes unsafe companies, unsafe drivers, unsafe roadways, and unsafe vehicles. The following “hotlines” are maintained for your protection. Please call them to help make the roads safer and your job easier.

**FMCSA Driver Hotline: 1-888-DOT-SAFT (368-7238)
**NHTSA Vehicle Hotline: 1-888-327-4236

Increase the confidence in your driving skills by abiding by traffic laws and staying well versed in safety measures. When you gain knowledge, you must utilize it in a beneficial way. In this case, use your safety knowledge to drive better and safer!

Originally posted at The Legal Examiner by Michael Lewis

Operation: Get My Car Ready for the Winter Weather

Michael Lewis — Fri, 18 Nov 2011 10:52:01 GMT

Most of us may feel that preparing for winter is an overwhelming task. We prepare our homes with extra insulation, seal up drafty spots, and wear warmer winter clothes to protect us from the elements. If you do all of this for your humble abode, why wouldn’t you do the same for your car?

Make sure your vehicle is as protected as you and your home are this winter. Spending the extra time and effort to get your vehicle properly prepared for winter conditions will save you money – and could prevent you from injuries in an accident.

Before cold, wet, and winter-driving conditions are upon us, take precautions:

Take your car to a certified mechanic and check out the following: battery, radiator fluid levels, and protection temperature of your anti-freeze in your system, brakes, hoses, and belts.
Make a visual inspection of your vehicle lights. Make sure the front and rear lights are operational, paying particular attention to the car’s flashing hazard lights.
Change your wiper fluid so it doesn’t freeze. Instead of waiting until spring, exchange the fluid with one made especially for protection during freezing conditions.
Purchase winter wiper blades to cut through snow and ice instead of using summer blades throughout the year.
Make sure your heater, defroster, and rear-window defroster are working properly.
Check the spray nozzles of your windshield-washer system. They can get blocked by wax or debris, which can be cleared with a needle or pin.
Carry emergency equipment in your vehicle, including jumper cables, a snow/ice scraper, a flashlight, a fresh supply of extra batteries, flares, a shovel, first-aid kit, basic hand tools, blankets and, if at all possible, a cell phone, and car charger in case of a breakdown or other emergency. Matches, extra clothes, bottled water, and non-perishable snacks in your truck/storage area will complete your emergency kit.
Don’t forget to keep plenty of gas and windshield washer fluid in your vehicle. Keep your gas tank at least half full in the cold season. This will reduce condensation in your tank and fuel system and make your vehicle easier to start when cold.
Clean the snow and ice off of your entire vehicle each time you drive for maximum visibility and safety. This includes not just the windows, but also the mirrors, head/tail lights and your hood and roof. The extra time spent is far better than dealing with an accident or damage to a vehicle due to poor visibility. If you take good care of your vehicle before the winter season arrives, your vehicle will take great care of you all winter long and help keep you safe.

Once last piece of advice: always check the road conditions before driving away so you are prepared for what lies ahead.

Check out this interesting post! >>North Carolina Department of Transportation Expands Accident Assistance Program

Originally posted at The Legal Examiner by Michael Lewis

Do You Know Your School Bus Safety?

Michael Lewis — Tue, 15 Nov 2011 11:23:48 GMT

On Monday, a Davidson County school bus was involved in an accident with another vehicle. Over a dozen students were involved in the crash that happened on Boone Cave Road near Highway 150 in North Carolina. The bus serves Churchland Elementary School and thankfully, no one was hurt.

It is always frightening to hear of school bus accidents because we don’t want to hear of bus drivers or students getting killed or badly injured. Yes, accidents do happen but they are also preventable Reviewing these passenger safety tips is an excellent way to stay safe on the bus while traveling to and from each and every day!

Do you know your bus safety?

Leave plenty of time to get to the bus stop. When you rush, you may not follow traffic safety rules.
Walk on the sidewalks, where available.
Remain alert at all times; don’t listen to your MP3 players, text, talk on your cell phone or play handheld video games because you won’t be aware of what’s happening around you.
Also be careful when wearing your hood up; it makes it difficult for you to see.
When waiting for the bus, stay away from the street. And don’t play around—so you are aware of traffic and can follow safety rules.
Make sure the driver can see you at all times by staying ten giant steps away from the outside of the bus.
Wait for the bus to stop completely before you approach it to get on or before you stand up to get off.
Clothes or backpacks should not have drawstrings, toggles or key chains. They can get caught on bus handrails and doors.
Hold the handrail so you don’t trip on the stairs.
Find a seat and sit down immediately.
Know your driver’s name and bus number to be sure you are boarding the right bus.
Be courteous and respectful to your driver.
Talk and laugh quietly with friends, but do not scream, it distracts the driver.
Do not put your head, arms, papers or anything out the window.
If you drop something near the bus, don’t pick it up. The driver may not see you. Instead, ask the driver for help.
If you have to cross the street, wait until the driver lets you know it’s OK.
Stay away from the bus wheels at all times – especially the back wheels where it’s hard for the driver to see you.

Please read this recent news about the U.S. Department of Transportation Partnering with Creators of Chuggington™ on Nationwide Traffic Safety Campaign for Kids.

Originally posted at The Legal Examiner by Michael Lewis

AARP Offers Safety Courses for Senior Drivers

Michael Lewis — Tue, 08 Nov 2011 11:56:23 GMT

How often do you hear of seniors getting in car accidents? I hear of it too often and thanks to the latest efforts by the AARP, there’s help for them. The AARP has decided to offer safety courses to older motorists in an effort to build confidence and keep safe while driving. This initiative came from a 2008 study, showing the 11.1 percent of North Carolina drivers were involved in fatal car wrecks with senior citizens. The 2008 numbers also show that 208 of the 1,878 drivers in North Carolina involved in a fatal crash were 65 and older.

The AARP senior driving course is free for veterans and military dependents during the month of November. This class offers seniors defensive driving skills, including how to compensate for blind spots. Many elderly people who participate in the program feel that the classes are extremely helpful and may prevent them, and other senior drivers, from becoming a statistic. It is so important for elderly people to realize that accidents on the road do increase with age. The functions essential to safe driving also decline with age, such as visual acuity, hearing, and most importantly, reaction time.

The following strategies can help seniors not only cope with the aging challenges of driving but also can provide increased levels of confidence:

Be aware of your own physical limitations. Don’t be afraid to ask for help. Today, adjustments to vehicles often overcome age-related handicaps.
Get annual screenings for vision and hearing. Wearing corrective devices will increase individual safety and protect the safety of others on the roadways.
Pay attention to other risks, such as snow storms, fog, ice and threatening weather conditions, especially at night or for travel along unfamiliar roads. Other risks to concentration include eating, drinking and use of a cell phone. Seniors need to focus their full attention on the road.
Always drive the posted speed limit. Driving too fast or too slow is disruptive to traffic and dangerous.
Take a refresher driver safety class. Know the rules of the road, even if this means seemingly tedious review and memorization.

Follow these simple steps to make elderly driving much safer for everyone on the road. For more info on elderly driving, check out this interesting post! >>The Elderly: To Drive or Not to Drive, That is the Question

Originally posted at The Legal Examiner by Michael Lewis

Why Returning Vets are In Frequent Car Crashes

Michael Lewis — Tue, 08 Nov 2011 10:06:57 GMT

Did you know that traffic accidents are the leading cause of death for military personnel in their first year home from the war? More and more veterans are dying from car accidents than from suicide, which has caused much governmental concern. The ones that die tend to be young, unmarried males from infantry ranks, gun crews, or in seamanship roles.

Based on the statistics, Iraq and Afghanistan veterans are 75% more likely to die in car accidents than the general population. Historically, veterans have had increased fatalities following their service. Vietnam vets were twice more likely to die in crashes than non-veterans, and Gulf War veterans had a 30% to 50% greater risk of dying in crashes.

Why They are Risky Drivers

The National Highway Traffic Safety Administration and the Department of Veterans Affairs were troubled to discover that a significant amount of deaths were due to risky behavior by the driver such as speeding, not wearing seat belts, or not wearing motorcycle helmets. Government officials believe this is because men and women are taught to drive recklessly while in Iraq because they are so used to avoiding bombs on the side or the road or cars filled with bombs ready to blow up a tank.

A 2009 Army study showed that while deployed, 50% of soldiers said they were anxious when other cars approached quickly, 23% had driven through stop signs, and 20% were anxious during normal driving. A huge factor is because when they come back, driving normal and safely is hard. They think because they’ve gone through combat that they can live through anything, so why should driving be a major concern.

Aggressive driving in young soldiers is just one cause of dangerous driving among veterans. Post-traumatic stress disorder and traumatic brain injuries could also result in erratic driving, as can medication and self-medicating (using alcohol and illegal drugs) to cope with symptoms. And there is no check to see if the vets should be driving their own car when they get back. Their license is, of course, still valid.

The Veterans Administration paired up with the Department of Transportation and the Department of Defense to start the Safe Driving Initiative, to increase awareness of car crashes among veterans and to encourage them to continue wearing seat belts and to slow down. And they have been using simulators to re-train drivers on how to drive when they return home. The simulators are particularly helpful with brain injury patients, to identify where help is needed. The administration is also working to make mental health providers more aware of driving issues with veterans.

It is good to hear that initiatives are being put into place to help our veterans stay safe, mentally and physically. Veterans need to be aware that life back at home is much different and safety tips and precautions need to be revisited upon their return.

What to Keep in Your Car’s Emergency Preparedness Kit

Michael Lewis — Tue, 08 Nov 2011 10:05:45 GMT

Do you plan on doing some traveling this fall and winter season? If so, you need an emergency preparedness kit. This kit is sort of like having good insurance, but hopefully you’ll never need to use it. If you do, you’ll be glad to have it if a car accident occurs or you need to stop on the side of the road to help someone else.

If you have ever been stranded on the side of the road, I bet you thought about all of the things you WISH you had handy. According to driver-safety experts, the right supplied help speed up being rescued. This is especially vital during the winter months, when having the right supplies could help you get out of that winter weather situation and off to survival.

The good thing about emergency kits is that they are easy to assemble. Of course it costs depending on what and where you buy the supplies, but being ready for any roadside emergency is the most important factor when purchasing.

Here is what you should include: In the Trunk

Make good use of a sturdy canvas bag with handles or even a plastic bin to store your kit. Be sure to secure it so it doesn’t roll around all over your car while it is in motion. Include the following:

Flashlight and extra batteries
Cloth or roll of paper towels
Jumper cables
Blankets
Flares or warning triangles
Drinking water
Nonperishable snacks, such as energy or granola bars
Extra clothes
First-aid kit
Basic tool kit that includes, at minimum, flat-head and Phillips screwdrivers, pliers, and adjustable wrench

Winter Add-ons

Complete an inventory check of your supplies in the winter and spring, and include these six items before the winter months:

Window washer solvent
Ice scraper
Bag of sand, salt, or cat litter, or traction mats
Snow shovel
Snow brush
Gloves, hats, and additional blanket

Glove Compartment

Not all emergency equipment should be behind the backseat or in the trunk. Here are three essential items to stow within the driver’s reach:

Cell phone
Phone charger
Auto-safety hammer (some have an emergency beacon and belt-cutting tool, too)

See how easy it is to put an emergency kit together? You can even get your kids involved, in the safest way possible, so that they are aware of what’s in the car and how they can help if an accident happens. Enjoy the roads and check out these rainy day driving tips.

Originally posted at The Legal Examiner by Michael Lewis