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Kristopher Hyman Seriously Injured and Koshala Hyman Killed in Tarboro NC Trailer Accident

A very serious accident in Tarboro, North Carolina on Wednesday has resulted in the death of Koshala Hyman and serious injuries to her husband Kristopher Hyman.

The accident involved a Edgecombe County Sheriff’s truck that was apparently towing a car on a trailer.  The trailer apparently came loose and struck the Hyman’s car.  The North Carolina State Highway Patrol is investigating the accident.

This terrible accident is eerily familiar to another significant case we handled several years ago in Carteret County.  In that case, a young girl was seriously injured when a boat and trailer came unhitched and struck the side of the minivan in which she was riding.

Through that case, we have learned that these types of accidents are entirely preventable if very simple rules are followed regarding the hitching of trailers to vehicles.  For instance, North Carolina General Statute 20-123 requires that safety chains be utilized unless the trailer hitch has a locking pin or bolt sufficient to prevent disconnection.  Were safety chains in place here?  Was the locking pin on the hitch in place?  These are very important questions that must be answered.

Hopefully, the Hyman family will find answers to the questions.  We also hope that Mr. Hyman can recover form his injuries.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

Tractor Trailer Accident in Arkansas Claims Life of Trucker and Passenger Michael McPeters

Two North Carolina gentleman were tragically killed in a tractor-trailer accident on Interstate 40 in Arkansas last Thursday.

The accident happened in Franklin County around 3:00 a.m.  According to available information, the tractor-trailer left Interstate 40, hit a guardrail, and went down an embankment into a creek and collided with a tree. The driver of the truck, Larry Brooks, and the passenger, Michael McPeters, both suffered fatal injuries.  Mr. Brooks was 52 years old and Mr. McPeters was 54 years old.

Read more about this accident.

This is a very sad case of two men losing their life while just doing their jobs.  Based on the limited information available, it would seem possible that the driver may have fallen asleep and that this caused the accident.  However, it is likely that a more detailed investigation will reveal more information about the cause of the wreck.

This accident also presents some unique jurisdictional issues.  Since both men were residents of North Carolina, an estate for each man should be opened in North Carolina – in the county where they each resided.  However, the wreck occurred in Arkansas.  Therefore, any claims arising from the wreck could be brought in Arkansas or North Carolina. If claims are brought in North Carolina, Arkansas law would likely apply which should not pose any impediment to helping the families of the deceased gentlemen.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

State Trooper Exonerated in Crash That Killed Robert Nelson and Esther Nelson of Florida

An initial investigative report has been prepared that appears to exonerate a state trooper in an accident that resulted in the deaths of an elderly couple from Florida.

The accident happened in Haywood County on July 25, 2017.  According to available information, Robert Nelson was making a legal u-turn in an RV on U.S. Highway 23/74 when his car was hit by a state trooper traveling at 115 mph. Despite the very high speed of the trooper, the initial report places blame for the wreck on Mr. Nelson.

It is a remarkable conclusion to blame Mr. Nelson for this wreck based on the information available.  Moreover, there does not appear to be any stated indication as to why the trooper was proceeding at such a high rate of speed.  From our perspective, there are many unanswered questions regarding this accident and it seems highly speculative to blame Mr. Nelson for this accident.  Hopefully, there will be additional investigation results available that will provide more information about what happened in this accident.

Read more about this accident.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

Hatteras Island Ocracoke Island Evacuation Lawsuit

The situation on Hatteras Island and Ocracoke Island North Carolina is still bad for thousands of vacationers and local businesses following the power outage last week.

Last week, a construction company headquartered in Canada drove a steel casing into the main electric line that provides power to Hatteras Island and Ocracoke Island cutting off these two islands at a critical time of year. Thousands of vacationers have been evacuated and local businesses have also been affected.

As of today, there is no timeline on when power may be restored to both islands.  There are apparently some generators in use but the ability of these generators to supply power across both islands is unclear.

For many vacationers, travel insurance may provide some relief for the significant losses incurred by thousands of families.  However, it is not clear whether travel insurance will cover the losses from a man-made event such as the cutting of electrical power.  Even if travel insurance covers some of the losses, under North Carolina law we believe that the construction company responsible for this incident is still liable to the vacationers for their losses.  The company should not benefit because the vacationers spent their own money on premiums for travel insurance.

The North Carolina Vacation Rental Act provides some information about legal rights following a mandatory evacuation.  Unfortunately, the language of the Vacation Rental Act suggests that if a vacationer chose not to purchase travel insurance, the landlord or renter is not required to refund any money paid for the vacation rental when there is a mandatory evacuation.  Most renters probably declined travel insurance since this time of year is not known for significant hurricane activity. However, this statute would not affect the ability of a vacationer to seek compensation against the responsible construction company.

The lawyers at Hendren Redwine & Malone have now filed a class action lawsuit against the contractor responsible for the power outage on Hatteras and Ocracoke Island.  This lawsuit seeks recovery for vacationers and homeowners who were deprived of the use and enjoyment of their homes as a result of this incident.  For those of you who believe you may have been affected, we encourage you to keep any receipts that you believe may be related to losses from this incident as well as a copy of your rental agreement for your vacation property.  If the proposed class action lawsuit reaches a point of resolution, these items may be required in order for you to recover your damages.

Our firm is currently investigating additional claims arising from this incident.  If you have questions about your legal rights following this incident, contact us today.