On September 30, 2011, a 41-year-old woman was attempting to rescue her neighbor's dog, which had been struck by a car. But the woman was herself hit by a car driven by a 24-year-old who was allegedly driving under the influence. She was charged with DUI, and those criminal charges are still pending.
]]> Separately, the family of the accident victim has sued for $5 million in damages. The lawsuit names not only the driver but also her parents, with whom she was living with at the time of the accident and who posted $10,000 bail after her arrest. The vehicle involved was registered to the driver's mother, according to a news report providing information about the wrongful death lawsuit.Not everyone decides to pursue legal action on behalf of a loved one following a fatal car accident in South Carolina. Such a determination typically comes after a review of all of the facts and circumstances surrounding the incident. In this instance, with criminal charges still pending, the family apparently made the decision that sufficient facts exist to pursue a wrongful death claim against the driver, who is accused of being under the influence of pills and liquor, as well as the parents. The lawsuit claims the parents "knew or should have known" their daughter was in no position to drive the automobile that subsequently took the life of the victim.
Source: Anderson Independent-Mail, "Family of pedestrian seeks $5 million in wrongful death lawsuit," Nikie Mayo, May 9, 2012.
]]>A 24-year-old man has been charged with felony DUI by Columbia Police as a result of a car accident in Five Points on May 5. Sadly, the charge came after a car accident that claimed the life of a Chapin man.
]]> Early on the morning of May 5, around 4 a.m., the accused man was traveling south on Harden Street when he allegedly struck and killed a pedestrian who was crossing the street. In addition to felony DUI, the driver has been charged with failure to surrender a suspended driver's license and driving under suspension. Police say the investigation into the fatal accident is ongoing.Unfortunately, one person's poor decisions can change the lives of many others in an instant. This is never truer than in fatal drunk driving accidents. In this particular tragedy, a 24-year-old man was taken from his family far too early.
While it is understandably difficult to think beyond the devastation of a fatal accident, family members of someone killed by a drunk driver should know that they have legal rights. A personal injury claim or wrongful death suit may not speed up recovery or bring a loved one back to life, but it can help pay medical expenses and other damages incurred as a result of the car accident while also acting as a small measure of justice for a seemingly senseless act.
Source: WISTV, "Name of pedestrian killed in Five Points released," May 5, 2012
]]>Police have now publically released the name of the 16-year-old boy who was killed in a fatal accident near Greenville earlier this month. The Daniel High School student was a passenger in a pickup truck and was ejected during a rollover crash.
]]> According to members of the South Carolina Highway Patrol, the driver of the truck was a 15-year-old boy. An additional passenger, a 17-year-old boy, was riding in the bed of the truck and was also ejected during the crash. Both were transported to nearby hospitals for treatment. The medical conditions of the driver and second passenger were not readily available.According to Pickens County Coroner, the young man's cause of death was blunt force trauma. There was no information released as to whether or not the 15-year-old driver will face charges in connection with the fatal accident.
Students and faculty at Daniel High School observed a moment of silence on the Monday morning following the accident, and counselors have been made available to students who need emotional assistance in the wake of the fatal accident. Local police and youth pastors have also come to the aid of students struggling with the loss. The principal of Daniel High School issued a heartfelt statement of sympathy to the young man's family and friends. Hopefully the family and those students who knew him will find solace in the solidarity of their community.
Source: Easley Patch, "UPDATE: Coroner Identifies Daniel Student Killed in Crash, School Observes Moment of Silence," Carolyn Farr Smith, April 24, 2012
]]>Both of the injured wore seat belts, a fact that was credited with preventing fatal injuries. Authorities say that, in addition to speeding, the operator of the second vehicle lost control of his car in the accident and veered off the road. All four occupants of that car were restrained and apparently did not suffer any injuries. They were said to be returning home from an overnight work shift, and the driver reportedly told police that he fell asleep while operating his car. He was cited for driving too fast for conditions.
]]> Both drivers in this case would be well served by acquiring copies of the accident and police reports in order to assess and understand their rights and responsibilities under South Carolina law. Those individuals seriously injured in a car accident may be able to take civil recourse against parties deemed negligent in causing the damage.The occupants of the car that was rear-ended will likely face a long recovery process and may miss time from work, in addition to incurring medical bills and other expenses. A successful personal injury claim could provide for financial reimbursement for expenses related to the car accident as well as for any consequent pain and suffering related to the injuries sustained.
Source: Aiken Standard, "Car wreck sends 2 to hospital; no fatalities," Karen Daily, April 10, 2012
]]>The accident happened on the night of April 7. The 24-year-old man was assisting a disabled vehicle that was on the side of an interstate when he was tragically struck and killed. Currently, the South Carolina Highway Patrol is investigating the accident. At the time of a local news report, it was unclear whether charges would be filed.
]]> As the tragedy happened while the man was on the job, he may have been covered by workers' compensation insurance. When an employee is injured during the course of employment, they are often entitled to receive worker's compensation benefits. In this case, as the man was struck and killed, his surviving family members may still be able to collect the benefits.The death of a loved one is always a shock, and we can only hope that the family finds the strength to carry on through their tragedy. By applying for workers' compensation or survivor benefits, though, they may be able to recover compensation for lost wages. These benefits can then go toward covering the cost of the young man's funeral expenses, as well as for providing for any family that he may have left behind.
Source: WMBF News, "Man helping disabled car killed on I-95," Meghan Miller, April 8, 2012
]]>BREAKING NEWS SPARTANBURG, SC
Nearly one year ago Stuart Raynor was hit by a car while riding his bike and died two weeks later as a result of injuries sustained in the wreck. The suspected driver of the vehicle that caused the crash, fled the scene and until yesterday no arrests had ever been made in this wrongful death case.
On Wednesday, the Highway Patrol arrested 37-year old Barry Tye Colquitt of Inman and charged him with hit-and-run resulting in a death.
The original accident happened on April 27, 2011, on Sugar Ridge Road near Inman. Colquitt is currently being held at the Spartanburg County Detention Center without bond.
In addition to the criminal charges facing the at fault driver for his alleged failure to stay at the scene of an accident, the family of the victim will also likely have a wrongful death claim against the driver and his insurance company for the negligence involved in the accident that resulted in the injuries and ultimate death. The family that likely incurred signifcant medical bills may now be able to get those bills and damages paid.
While no amont of money can ever replace a human life, a wrongful death lawsuit and financial compensation can at least alleviate some of the financial issues families incur after the unexpected loss of a loved one or an unexpected serious or catastrophic injury.
If you find yourself in the very horrible and unfortnate situation of having lost a loved one in a car accident or as a result of someone else's negligence, then contact an injury attorney today at (800) 681-1931.
]]>The accident reportedly happened at about 4:30 p.m. on April 7 as the woman was traveling with her two kids in the backseat. It is not clear how the accident occurred, but authorities know that her vehicle and a van collided head-on. The children, who were strapped in, escaped without serious injury. The van driver was also not seriously injured and was back home the following day after being taken to the hospital.
]]> Unfortunately, the accident pinned the mother inside her car. Rescue workers had to extricate her, cutting away sections of the vehicle to do so. She was taken to Greenville Memorial Hospital, but a liver laceration caused a hemorrhagic shock that eventually resulted in her death. The two children are now staying with their grandparents.The loss of a loved one is always a shock, and this South Carolina accident may be especially tragic as the woman now leaves two young children and a husband who is fighting cancer behind. When an accident results in a fatality, a wrongful death lawsuit may be an option for the family of the deceased. If another driver was determined to have caused an accident due to negligence, he or she can be held accountable through the civil claim. A successful wrongful death claim can help with ensuring the children are taken care of financially, and it may also help the woman's family with funeral expenses and other expenses related to the fatal wreck.
Source: Anderson Independent Mail, "Mother of two dies after Saturday collision," Jennifer Crossley Howard, April 8, 2012
]]>The accident happened on the afternoon of March 30, presumably as the students were leaving to go home. Nine students were on the bus as it was leaving the middle school. However, when the 66-year-old driver pulled out onto a road, she collided with the Dodge van driven by one of the teachers at the school.
]]> The collision caused at least one 12-year-old student to suffer an injury. She had to be transported in a neck brace, and emergency responders took her to the local AnMed Health Medical Center. According to the South Carolina Highway Patrol, speed was not a factor in the accident, and the sole citation was against the bus driver for failure to yield.Since the car accident happened while the student was on the school bus, the school district may be liable for her injuries. Here, the extent of the girl's injuries were unavailable; however, because she was transported to the health center in a neck brace, there may have been concerns about possible damage to her head or spinal cord. Yet, regardless of the extent of the girl's injuries, her parents will inevitably be faced with medical expenses while she recovers from any harm. For this reason, the parents may potentially file a claim against the school district and any other party deemed negligent in order to recover damages occasioned by the dangerous incident.
Source: Anderson Independent Mail, "School bus accident sends Anderson middle-schooler to hospital as spring break begins," Mike Ellis, March 30, 2012
]]>South Carolina Workers' Compensation Lawyer
Under South Carolina Workers' Compensation Law, each body part is given a fixed number of weeks for a "value" of the work related injured body part. An arm, if that is the only thing injured, is work a maximum of 220 weeks of compensation. The old example is that if you arm was amputated then you would be entitled to 220 weeks is partially correct. Obviously, if your arm is gone, well then so is your hand and there are additional benefits available but you get the idea. On the job injuries to the arm are different than a work related shoulder injury or rotator cuff tear or workers compensation hand injuries. The arm is essentially the wrist, forearm, elbow and bicep to include all of the tendons, muscles and nerves. So you can have an injury to your hand, arm and shoulder all arising of the same work accident.
We see arm injuries that usually arise out of an on the job traumatic injury to the arm such as a broken bone or in the form a workers' compensation repetitive use injury to part of the arm such as the elbow (tennis elbow) or to the wrist (carpal tunnel syndrome). Regardless of how the arm was injured, an employee that sustains a workers' compensation injury to the arm is entitled to medical care and treatment until he or she has been released from the doctor and ultimately financial compensation to account for the disability the employee may experience and have to live with for the remainder of his or her life.
Whether you've been injured on the job, in a car accident or some other sort of an accident, an arm injury can be extremely serious and debilitting. I challenge you to think of something in your daily life where you don't use your arm. It is important to make sure you get the medical treatment and compensation to which you are entitled for your arm injury. To discuss your legal rights for your injury at no charge, please call the law firm of Black, Black & Montgomery, LLC for a free consultation. (800) 681-1931 or (864) 558-8297
]]>Sad to say that a workers in South Carolina have a better chance of being injured on the job or even dying on the job than winning the Mega Millions Lottery that continues to grow. The current chance of wining this lottery is 1 in 175 Million. Conversely, a worker has a 1 in 48,000 chance of dying due to a work related injury or occupational exposure. Even more staggering than that is a South Carolina worker has a 4.6 chance in 100 of being injured while at work. Although a fairly complex chart, the National Bureau of Labor and Statistics has posted a chart that shows the various industries and the number of workers' compensation injuries with each type of job.
While we all know that certain professions like construction workers, manufacturing and more of the hands on work are more likely to have workers' compensation injury, it is interesting to note that many other professions see a high rate of work related injuries as well.
Pet Store workers are 4 times more likely to have a workers' compensation injury than a construction worker.
Police Officers, Firefighters and Ambulance Services were not as unepected to me as these workers seem to always be placing themselves in harms way. In fact, our firm offers free Simple Wills to Police Officers, Firefighters, and first responders as a way to say thank you for their service.
Hazardous waste collection also sees a high rate of workers' compensation claims due to various chemical exposure, waste exposure and often times moving large drums of material or chemicals all of which can cause on the job injuries.
Nursing care facilities also see a high rate of workers' compensation injuries and while it is surprising to some, it is not to us. We currently represent several nurses, nurse facility employees and folks required to care for others. These injuries seem to be primarily back injuries, leg injuries and arm and shoulder injuries most often related to moving, lifting or caring for residents or patients.
Veterinary service professionals also see a reasonably high rate of work related injuries. Combined with the pet store, it seems that animals may be dangerous to work around!
For additional hazardous jobs, please see the source article I used to write some of this blog.
Under South Carolina workers' compensation law, your job does not have to be hazardous in nature to have an injury and recover workers' compensation benefits. Your on the job injury need only arise out of the normal scope and duties of your job. If you have suffered a work related injury then contact the law firm of Black, Black & Montgomery, LLC to discuss your legal rights and meet with workers' compensation lawyer for a free consultation. (800) 681-1931 or (864) 558-8297
]]>As a former motorcycle rider, I hate to read that motorcyle accidents and deaths from motorcyle wrecks are on the rise in the Upstate of South Caroina. Last week, there were 4 deaths related to motorcyle crashes. There have been 5 in the upstate this year already. Experts attribute this to a mild Winter where riders didn't have to put the bike up for winter and an early Spring getting more riders out sooner than normal.
Some motorcycle accidents are caused by other drivers that fail to pay attention, don't give motorcycles enough space or look before pulling out but fail to look again. Often, motorcycles are obscured by landscape or another vehicle and in an instance that motorcycle can be revealed- sometimes too late. The probem with injuries related to motorcycle accidents is that they are often much more severe than a car accident because there is not the frame of a car to protect the rider. These injuries are often catastrophic in nature.
Some riders have bikes that are too big or too small for the rider. Proper sizing can allow a rider to have more control of the bike. I vividly remember my first bike when in I was in college. It was too big for me and as I pulled it into the garage it leaned too much and I was forced to drop it because I didn't have control. Riders can also protect themselves through training courses that not only teach how to properly operate a motorcycle, teach proper maintenance an inspection of the bike, but also how to plan defensively against cars that may or may not see riders.
When you have an injury on a motorcycle, it can be more severe since you are left unprotected. In one of our recent motorcycle accident cases the rider sustained a serious back and leg injury which led to him getting the most financial compensation he could get from the insurance company and then being approved for Social Secuirty Disability- the injuries were serious. We've seen brain injuries, arm injuries, head injuries, and wrongful death. While we don't wish these injuries on anyone, we are here to help in the event you or someone you know has sustained an injury while on a motorcycle. For a free consultation to discuss your legal rights, contact the law firm of Black, Black & Montgomery, LLC to schedule an appointment with a motorcycle accident lawyer. (800) 681-1931 or in Greenville at (864) 558-8297
]]>South Carolina residents are well-aware of the dangers that texting and driving carry, but the issue may be of particular concern to parents. Teenagers on the road may not necessarily keep their cell phone in their pocket. Moreover, typing out a quick message means taking one's eyes off the road for at least a few seconds. A vehicle can travel a significant distance in this amount of time.
]]> However, when one physicist heard of the Transportation Secretary's comments in 2009, he devised a scientific equation that can be used to determine if someone is texting and driving. The equation works by looking at patterns within the text to detect if the typing appears disturbed. Overall, it has a 99 percent accuracy rating, and the equation may eventually find its way into cellphone apps, which could lock the cellphone if the software determines that one is texting and driving.A cellphone app that prevents people from texting and driving, which in turn may help to prevent a car accident, would be a big relief to South Carolina motorists. It could save thousands of lives each year. For something that was developed using a grant of about $50,000 from the Department of Energy, the physicist's equation could end up paying for itself many times over.
Source: The Columbian, "Physicist finds way to detect texting behind the wheel," Sue Vorenberg, March 21, 2012
]]>Head and brain injuries can occur in various ways when speaking of an accident. Head injuries can be a result of a workers' compensation injury while on the job or could be caused by the negligence of another driver during a car wreck. Often, the signs of a brain injury may be masked at first and a brain injury may not be indentified immediately.
The workers' compensation law in South Carolina is specific in that if you are permanently and totally disabiled as a result of a traumatic brain injury / physical brain damage then you may be entitled to lifetime weekly payments of workers' compensation benefits and lifetime medical treatment as a result of the work related brain injury.
Car wrecks are different from workers' compensation in that there is not lifetime coverage for the effects of the head injury. Instead, the actual medical costs incurred and the predicted costs through the use of a brain injury expert can help articulate the actual damages and lifelong problems sustained as a result of the car accident brain injury. Those damages can include medical bills, loss of wages or earning capacity and a future deterioration in the overall health.
Brain injuries are sometimes thought to be sustained by those who are unconscious or in a coma. This is not always the case and symptoms of a head injury should be logged in order to report them to your doctor. Some of the symptoms we see associated with a head injury in South Carolina include:
Head injuries can be daunting and scary when predicting for the future. It is important to protect your legal rights, your future and your health through all legal avenues to include lawsuit, workers comp claim, and Social Security Disability (SSDI). For more information, please contact the Greenville, SC based law firm of Black, Black & Montgomery, LLC to discuss your head or brain injury whether it occured on the job or because of the negligence of another. We appear in Courts and in front of the South Carolina Workers' Compensation state-wide. The consultation is free to discuss your case. (800) 681-1931 or (864) 558-8297.
]]>If your on the job injury claim is denied, you have TWO YEARS to file your claim with the South Carolina Workers' Compensation Commission to seek medical benefits, weekly benefits from being out of work and so on. Failure to file a claim within the two year prescribed time can preclude you from any workers' compensation benefits. In addition, the longer you wait, the harder it may be to get benefits. It is important to watch the time.
Although it is not supposed to happen, some claims may be denied to simply see if the injured worker will pursue their claim- if 10 claims are denied and only 3 pursue those claims then that means 7 did not. It is a business and insurance companies exist because they can turn a profit. Once you have work related injury claim with your employer then the claim is transfered to the insurance company and from then on you are dealing with an insurance company and not your employer most of the time. Where your employer knows you, knows who you are, you may just be another file with the insurance company.
Under South Carolina Workers' Compensation law, any injuries that "flow from" the underyling injury may be covered as well for which you can receive medical treatment and ultimately financial compensation. It is important to tell your doctor everything that is hurt or injured as a result of the on the job injury. In addition, workers' comp provides 100% medical coverage for all of the work related injuries where as health insurance does not. That is why your doctor needs to know everything hurt on the job.
Most injured workers or employees come from professions unrelated to the field of law or workers' compensation. Sometimes the worker will have bits and pieces of the law and worry about how it all comes together. It is imporant to find out as much information as you can. At the law firm of Black, Black & Montgomery, the attorneys offer a FREE CONSULTATION to discuss your work injury claim, your health, and your legal rights. For more information, please contact via our contact form or call us at (800) 681-1931 or locally in the upstate of South Carolina at (864) 558-8297.
]]>This morning I drove to Columbia, South Carolina for depositions in a workers' compensation case. While on the way, I saw a State Trooper vehicle around Laurens, South Carolina in the emergency lane with extensive damage to the cruiser from an apparent car accident.
When I returned to the office later today, I looked up the accident to find out that a Highway Patrol Trooper was involved in a car wreck on I-26 around mile marker 58 in the area of Laurens, South Carolina. Trooper Lance Corporal Joseph Farmer, was parked in the emergency lane when a vehicle traveling at a reported 90 miles per hour hit his police vehicle from behind while he was on the job.
According to reports, the trooper, who was on duty, was not injured but he and the driver of the other vehicle were taken to the hospital for precautionary examination.
Although the early reports are that the Trooper, luckily, was not injured, it could be that problems and pain arise once the adrenaline and time passes. South Carolina State Troopers and other law enforcement offices are entitled to workers' compensation benefits if injured while in the normal scope and course of their employment. In addition to a workers' compensation claim, this Trooper may have a claim against the at-fault or negligent driver.
In this particular case, it is important to note that the Trooper has two potential claims. However, if he were to settle with the at-fault driver for her negligence before resolving his workers' compensation claim or without the permission of the workers' compensation insurance carrier, then his workers' comp benefits could stop immediately. It is important to know all of your legal rights arising out an on the job injury or a car accident so that you don't accidentally close out one of your claims. For a free consultation to discuss your rights, please contact the law firm of Black, Black & Montgomery, LLC at (800) 681-1931 or locally at (864) 558-8297
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