Greenville Personal Injury Attorneys Blog

Crossing guard struck by pickup truck in South Carolina

2012-05-17T17:53:42Z

For some people, being hit by a motor vehicle is an occupational hazard. For school crossing guards, this danger is faced in the name of protecting children. This hazard became a reality for one South Carolina woman who was hit while serving as a school crossing guard in Sangaree, South Carolina.

According to witnesses and local police, the woman was struck in the early morning by a 16-year-old female driver in a pickup truck. The driver apparently accelerated through an intersection where the woman was helping children cross the street. According to those who live in the area, this turn of events was awful, but not entirely unexpected. They say that the intersection is often packed with cars and many drivers appear to ignore the posted traffic laws and fail to be aware of their surroundings. To them, a pedestrian accident was almost inevitable.

]]> As a result of this accident, a local school official issued a statement restating the desire for drivers in the area to take seriously their responsibilities for safe driving. They asked that drivers be cautious, take their time and avoid using their phones in any capacity. It has also been revealed that the South Carolina Department of Transportation did, at one point, study traffic on the road; the group may be asked to revisit the possibility of installing a light.

Yet this potential action is too late to stop the serious injury to the crossing guard, who is now hospitalized and in critical condition. She must come to terms with the pain and suffering, medical bills and lost time associated with this devastating accident. For her and many like her in this situation, legal action may be warranted.

Source: WCSC, "Community urges change after school crossing guard 'hit head on'" Mark Davenport, May 9, 2012

South Carolina police hoping program prevents pedestrian deaths

2012-05-11T20:57:05Z

South Carolina police have some reason to be optimistic: the amount of traffic-related fatalities has headed downward with nearly 200 fewer deaths last year compared to the year before. Yet there is also more work to be done because the incidents of pedestrian and bicyclist fatalities as a result of being hit by a car are now on the rise. To combat this growing trend, the police are introducing the SEE program, which stands for Stop, Educate and Enforce.

This program is aimed at ensuring pedestrians and cyclists are following proper rules of the road and to help promote overall better safe behaviors for everyone involved. If police officers come across pedestrians or cyclists who are engaging in less-than-safe behavior, the officers will stop and talk to them as well as give them places to go for more safety information. There is good reason to take this information seriously because serious injuries such as broken bones or spinal cord damage are a strong possibility when getting involved in a pedestrian accident or a bicycle accident with a motor vehicle.

]]> Among the lessons that the police are hoping to encourage are increasing nighttime visibility and cycling with traffic instead of against it. In addition to these lessons, it is also important to be mindful of your surroundings and for pedestrians to stick to the sidewalks or road shoulders.

For many pedestrians and bicyclists involved in an accident with a vehicle, they were being mindful of the rules and were simply involved in an accident not caused by any lack of attention or improper safety procedures on their part. While it is important for pedestrians to always be mindful and to refresh themselves on proper safety procedures, accidents will still unfortunately occur. Because of this, pedestrians should also be aware of their legal rights in the event that something unfortunate does take place.

Source: Heraldonline.com, "S.C. police launch program to help protect pedestrians, cyclists," Nicole E. Smith, April 25, 2012

Drunk driving victims, families support new DUI bills

2012-05-03T14:14:37Z

In South Carolina, the victims of drunk driving accidents and their families are pushing the state legislature to enact stronger laws against drunk drivers. In both the South Carolina House and Senate, bills are under consideration that would implement ignition interlock systems on the cars of any person convicted of a DUI. While some may think that the action sounds drastic, supporters say the action is justified to save lives and to prevent others from injuries caused by drunk drivers.

Currently, interlock ignition systems are installed on the cars of people with at least two DUI convictions. The supporters of the stricter law say that the likelihood of repeat offenders is good reason to implement the system of first time offenders as well. For those who were affected, it's a small step that could have prevented some of the deadly drunk driving crashes their families suffered through. Their hope is that the bills can prevent others from having to deal with the same tragedy.

]]> If South Carolina adopts the law, it would not be the first state in the nation to do so. In fact, 16 other states install ignition interlock systems on the cars of persons convicted of a DUI. Mothers Against Drunk Driving says that up to 44 percent of all driving fatalities in the state are caused by drunk drivers. The group says this statistic warrants a more bold approach, and several elected officials agree with MADD. However, the bills have currently stalled in the legislature and their passage is uncertain.

Source: The State, "Victims urge legislators to pass tougher DUI legislation," Noelle Phillips, April 25, 2012

South Carolina pedestrian killed in tragic accident

2012-04-28T11:24:34Z

An accident in York County, South Carolina, has resulted in the death of a 75-year-old pedestrian. According to initial reports, the man parked his pickup truck on S.C. 5 near the intersection of Reservation Road and Bowater and got out of the vehicle. Officials did not make statements regarding why the man exited the pickup. Tragically, a Mack truck then struck the smaller vehicle from behind, which caused it to collide with the pedestrian.

As is often the case in pedestrian accidents, the individual unfortunately died from his injuries.

]]> In cases when the person involved survives, they often suffer serious injuries such as brain or spinal cord damage. The physical and financial consequences of these accidents are often far reaching both for those involved and their loved ones.

While the most obvious and debilitating injuries are often physical, resulting in life-long disabilities, the financial consequences can be just as damaging. The costs associated with both short and long-term medical treatment are often high.

To assuage the burden of these costs, those involved in pedestrian accidents often seek legal assistance. Financial compensation can result from legal action and these funds can lead to a significant reduction in the monetary burden a victim must pay to regain their physical wellbeing.

For example, the costs of physical therapy or long-term prescription medicines could be covered as a result of legal action. In some cases of severe injury, an individual may also need to be retrained in another line of work so they can support themselves. In this case, monies obtained can also be used for educational and training purposes.

In the event that an individual dies in an accident, the family can also receive compensation for wrongful death. These costs can ease the financial burden of expenses and even help the family replace the income that the deceased contributed to the household finances.

Source: Heraldonline.com, "Pedestrian, 75, dies in York Co. crash with logging truck," Nicole Smith, April 17, 2012

Drunk driving accident in South Carolina results in death

2012-04-18T13:01:21Z

A drunk driving crash in Laurens County, South Carolina, has left one person dead and two others injured. The accident occurred late in the afternoon on U.S. 66. According to the South Carolina Highway Patrol, a pickup truck driven by a drunk driver crashed into another vehicle.

The 36-year-old female passenger of the vehicle struck by the pickup truck was killed in the accident, while the driver of the vehicle was taken by helicopter to a local hospital. The driver of the pickup truck was also transported to a hospital to receive treatment. Information on the condition of either of the drivers involved was not immediately known. The driver of the pickup truck has been charged with a felony DUI.

]]> As this case makes clear, car accidents caused by drunk drivers often result in serious injuries and sometimes even death. Beyond that, everyone should take precautions to keep themselves safe such as wearing a seat belt whenever they are in a vehicle.

Sadly, drunk driving accidents -- and their destructive aftermath -- will likely continue to occur as long as people are negligent enough to get behind the wheel of an automobile while intoxicated.

For those in South Carolina involved in an accident with someone under the influence of alcohol, legal compensation can help recoup the costs of any medical bills that result from injuries sustained. Furthermore, victims can receive compensation for any pain or suffering. In addition, injured parties can seek punitive damages to discourage other drivers from participating in the same behavior.

Source: WYFF, "Troopers: Man charged with felony DUI after deadly crash," April 8, 2012

Greenville car-pedestrian accident under investigation

2012-04-09T17:58:51Z

A pedestrian hit by a car on Laurens Road in Greenville, South Carolina, earlier this month at the Interstate 85 interchange suffered serious injuries. He was transported to a local hospital and is listed in critical condition. According to the Greenville Police Department, the 26-year-old man was walking in the eastbound traffic late at around 3:30 a.m. when an eastbound vehicle hit him. An accident reconstruction team was dispatched to the site to investigate.

Authorities arrested the driver in connection with assault charges from a case unrelated to the car crash. It is also a possibility that the injured pedestrian could take legal action against the driver to receive financial compensation for medical costs and for pain and suffering.

]]> Considering that accidents involving a motor vehicle striking a pedestrian can often result in serious injuries to the head or spine, it is likely that the hospitalized man will require extensive medical attention. The cost of this type of medical assistance can be extraordinary, especially with the cost of possibly lengthy hospital stays, surgeries and rehabilitation taken into account.

Accidents such as these should remind drivers and pedestrians alike that the time and effort that go into acting safely and taking precautions could prevent serious consequences. For pedestrians, taking extra precautions to make themselves visible and avoid any potentially dangerous situations can mean the difference between remaining safe and becoming seriously injured. For drivers, acting cautiously and obeying the laws of the road can prevent causing accidents that could seriously harm their fellow citizens.

Source: Greenville Online, "Man critical after being hit by car on Laurens Road," Paul Alongi, April 4, 2012

Another driver charged with DUI in a Charleston bridge accident

2012-04-03T20:10:55Z

In what could be the continuation of an unfortunate trend, another alleged drunk driving crash has occurred on the Ravenel Bridge in Charleston, South Carolina. A vehicle driven by an intoxicated woman crashed into another car last week while attempting to change lanes. The woman's vehicle then hit a guard rail, which flipped the vehicle and trapped her inside. The driver was freed by officers who arrived on the scene.

While helping the woman out from the vehicle the officers made two observations: there were empty bottles of beer evident inside the vehicle and the driver had a distinct smell of alcohol on her breath. The driver admitted to having several drinks before driving, and submitted to a blood-alcohol test.

]]> The apparently intoxicated woman suffered some broken bones in her face and has been sent to a local hospital to receive medical treatment. Fortunately, this DUI accident on the bridge did not result in the death of a motorist, as was the case a mere three months ago. In that accident, a man died when an intoxicated driver struck his vehicle at a high rate of speed.

Unfortunately, many DUI accidents result in serious injuries of innocent people. For these folks, short- and long-term medical costs often arise, and in many cases the victims suffer physical and emotional pain.

When this is the situation, it is often the case that legal action is taken against the intoxicated person presumably responsible for the accident. The results of these legal actions vary, but often result in victims receiving compensation for medical costs and personal pain and suffering.

Source: ABC News 4, "Another DUI accident on the Ravenel Bridge," March 29, 2012

Four-car South Carolina accident leaves two dead, six injured

2012-03-28T18:40:55Z

A four-car accident near the South Carolina coast has left two men dead and six others injured. The accident, which occurred at the intersection of Folly Road and Bowens Island Road on the only road leading to and from Folly Beach, is currently under investigation by the Charleston County Sheriff's Office.

Little information was immediately available about those injured in the car crash, but it is known that children were among the injured and several people were sent to local hospitals to receive medical treatment.

]]> According to police reports, it appears that the driver of a 2007 Jeep crossed over the center line into oncoming traffic and struck the car of a local businessman, killing both drivers. Sadly, the cause for the Jeep driver's inattention at the wheel may be a result of his focus on the other passengers in his car.

Regrettably, inattention on the road is a leading cause of car accidents and includes behaviors such as eating, talking on a phone, and texting while driving. Refraining from these largely avoidable behaviors could lead to a reduction in auto accidents and cut down driving related injuries and fatalities.

It is an unfortunate reality, but often these types of accidents leave individuals with funeral costs or medical bills to grapple with. These costs can be extensive, especially if the injuries sustained lead to life-long medical costs. Frequently, legal action can accompany car accidents in order for victims to receive compensation for medical bills or the costs associated with a wrongful death. This compensation often covers expenses such as short and long term medical bills, funeral expenses, pain and suffering, and even future loss of wages.

Source: Rock Hill Herald, "2 dead, 6 hurt in crash at SC beach," Dave Munday, March 19, 2012

Piedmont pedestrian killed when he's hit by a car

2012-03-22T15:59:17Z

In what serves as a stark reminder of the inherent danger of the roadways, a pedestrian was fatally hit by a car earlier this month in Piedmont, South Carolina. According to local police officers investigating the incident, the pedestrian was crossing the road and stepped in front of a Toyota truck heading eastbound.

The pedestrian was transported to a nearby hospital with severe injuries that resulted in his death. The driver involved in the accident was reportedly unharmed, and the crash was under investigation by the South Carolina Highway Patrol.

]]> This incident illustrates an obvious fact: pedestrians are significantly more vulnerable to serious injury or death when involved in an accident with an automobile. The medical consequences of a pedestrian accident for those who survive are often incredibly serious, including fractures, brain injuries or spinal cord injuries.

The short- and long-term financial costs associated with recovering from the potentially crippling results of a car accident can be overwhelming. In incidents like this, victims are often eligible for legal compensation.

Typically, legal compensation for these types of incidents can include both economic and non-economic damages. Economic damages include the costs associated with medical procedures, physical therapy, or loss of future wages. Non-economic damages include things such as compensation for pain and suffering or loss of the quality of life.

The determination for the extent of compensation a victim is eligible for depends on a variety of issues such as the details of the accident, the extent of hardship suffered by the individual, and the predicted costs for future medical expenditures.

Source: Anderson Independent Mail, "Pedestrian dies after being hit by car in Piedmont," March 12, 2012

Drunk driving accident may cause legal trouble for restaurant

2012-03-14T20:03:28Z

Late last year, a young man lost his life when his car was hit by an alleged drunk driver near Charleston, South Carolina. The man responsible for this accident was an employee of a local restaurant, and was suspected to have been allowed to drink alcohol at this location after the legal closing time. While driving home after his alleged late night of drinking, he hit another car from behind; the other vehicle quickly caught fire and its driver was killed. The police report from the accident indicated that the restaurant employee was driving while intoxicated well above the legal limit.

Now, the family of the victim is pressing charges against the restaurant, claiming that it is partially responsible for the death. The charges include a wrongful death claim and bring into play the issue of dram shop liability. Dram shop liability is the legal responsibility of any person or institution that serves alcoholic beverages to be accountable for any distribution of alcohol to a person who is clearly intoxicated.

]]> It also involves responsibility, such as in this case, for any alcohol sold outside of the legal hours for doing so. If an institution or individual is found to have acted irresponsibly or illegally in the distribution of alcohol, that person or institution could be held partially responsible for a drunk driving crash.

If the family's claim is upheld, the restaurant could be deemed partially responsible for the death. In this instance, that means it could be financially responsible for the costs associated with the wrongful death - funeral costs, loss of wages, the family's emotional suffering - as well as being forced to pay any potential punitive damages issued by the court.

Source: MSNBC, "Family sues South Carolina restaurant for wrongful death," Mar. 3, 2012

Driver sentenced for fatally striking Rock Hill bicyclist

2012-03-06T21:28:22Z

A judge has issued a sentence of 15 years in prison and a $10,000 fine to a man who pled guilty to a DUI hit-and-run that resulted in the death of a 49-year-old bicyclist from Rock Hill, South Carolina. The drunk driving accident occurred when the driver, who had consumed alcohol and three different medications, hit the bicyclist from behind. The victim was thrown from the bicycle. He was transported to a local hospital, where he later passed away from the injuries sustained in the accident.

The driver responsible for the accident, who was on probation for several previous drug-related incidents, told police that he thought he had struck an animal. Given the seriousness of the drunk driving crash, parole will not be an option.

]]> In a sorrowful moment during the sentencing, the man tearfully apologized to the family of the deceased, who were present for the sentencing. The brother of the victim said that he believed the driver was sorry for his actions.

Yet, as those involved are painfully aware, regret alone cannot resolve the emotional and practical implications of a drunk driving accident. Emotional suffering, funeral costs, and loss of wages are all practical consequences that can result from accidents. When an incident has resulted in death, a wrongful death suit could help alleviate these costs. If a drunk driving accident leaves a victim seriously injured, short- and long- term medical costs and pain and suffering can be heavy burdens. Proper legal action can obtain compensation to help victims and their families deal with these emotional and financial hardships.

Source: Charlotte Observer, "Clover man pleads guilty to DUI in fatal hit-and-run," Jamie Self, Feb. 28, 2012

South Carolina pedestrian killed after being struck by two cars

2012-03-01T16:02:26Z

In an accident last month, a pedestrian was hit by two cars and killed on Broad River Road in Columbia, South Carolina. While the matter is currently under investigation by the Highway Patrol, there are several ways a driver could be responsible for a pedestrian accident.

Ignoring road signs or weather conditions, driving while intoxicated, or being inattentive are all potential causes of pedestrian accidents. If any of these are found to be the cause of an accident, the driver may be held legally responsible for the accident.

]]> Since pedestrians are more vulnerable to injury as a result of an accident, the consequences of an accident are usually significantly worse for the pedestrian than for the driver of a vehicle. Some of the serious injuries that a pedestrian could sustain in a collision with a motor vehicle include brain damage, spinal cord damage or bone fractures. Unfortunately, as is the case in this accident, there may be no way to save a pedestrian struck by a motor vehicle.

When pedestrians are involved in accidents caused by a driver's behavior, they could be eligible for financial compensation through legal action. For a pedestrian involved in a car accident, or for the pedestrian's surviving family members, finding experienced legal assistance is advisable to help determine what compensation could be eligible. Usually, financial compensation can be received for a number of issues, such as covering the costs associated with medical procedures or long term health problems. Compensation is also generally available for pain and suffering or loss of wages if applicable.

Source: WIS News 10, "Coroner identifies victim in fatal pedestrian crash," Jeremy Turnage, Feb. 22, 2012

Doctors at South Carolina hospital could be liable for child's death

2012-02-23T19:15:18Z

The family of a South Carolina child who died in the care of medical professionals has filed a medical malpractice complaint with state investigators. They suspect that those tasked with treating their child may not have made proper decisions regarding his care, and that doctor error may be partially responsible for his death.

On August 19th, the child suffered from a cough and was brought to a doctor for treatment. The doctor prescribed medication and released the boy. Three days later, the child was rushed to the Conway Medical Center after the family noticed the child's condition had deteriorated and saw his lips turn blue. Upon his arrival, an X-ray revealed an obstruction blocking his airway. In spite of the dire situation, doctors at the hospital requested the child be transferred to a medical facility in Charleston.

]]> After a wait of an hour and a half, the child's heart stopped beating. Medical personnel attempted resuscitation, but to no avail. Shortly thereafter, a doctor performed a procedure to locate and remove the obstruction: a kernel of popcorn. Now, as the family copes with the loss of their child, they wonder if doctors could have done more to save him.

An investigation into the doctors involved is currently underway. If investigators determine that the doctors' choices did not reach a sufficient standard of care, the doctors could be found guilty of medical malpractice. The requirements for meeting this standard include thoroughly attempting to diagnose medical conditions and properly treating them upon diagnosis. If this standard is not met, the doctors involved can be found financially liable for the consequences.

Source: wistv.com, "SC family seeks answers in toddler's popcorn kernel death," Feb. 7, 2012

Deadly Spartanburg County accident caused by alleged drunk driver

2012-02-17T14:29:11Z

In a tragic turn of events, an alleged drunk driving accident in Spartanburg County resulted in a catastrophe. The accident happened when two vehicles heading west on Drayton Road collided with each other, sending one vehicle into the eastbound lane where it was struck by another car in a head-on collision. One driver was pronounced dead at the scene, and two others were hospitalized at Spartanburg Regional with serious injuries.

When people are killed or seriously injured in a drunk driving accident, the personal suffering and costs associated with the accident can be hard to bear. However, compensation may be obtainable for such things as pain and suffering, loss of wages, medical costs, wrongful death and more.

]]> In addition to these forms of compensation, which a lawyer could help you determine in full detail, punitive damages are an option in drunk driving cases. Punitive damages are a form of compensation that serves as a punishment to the offender as a consequence of the negligent behavior.

Dram shop liability may also come into legal consideration in your case if it can be shown that the drunk driver responsible for your accident was served alcohol while clearly intoxicated. This means that an institution that sells alcohol could be deemed partially liable in your case.

It is an unfortunate reality that drunk drivers can do irreversible damage to the lives of others on the road. But victims of drunk drivers have rights under the law and should know what forms of compensation may be available to help ease the burdens associated with such a traumatic event.

Source: WSPA, "Bond Denied For Woman Charged In Deadly Spartanburg Co. Wreck," Feb. 8, 2012

Pedestrian-vehicle accidents are dangerous, but often avoidable

2012-02-10T18:36:09Z

Recently a South Carolina man was killed on I-85 in Greenville County. The victim was struck and killed by the driver of a Toyota SUV when the victim was walking with his back to traffic in the southbound lane of the interstate. The victim's vehicle was found in the center lane of traffic of I-385 near Roper Mountain Road, though it is unclear to authorities whether or not his car had broken down or why he was not with his vehicle at the time of the accident. The pedestrian accident and resulting cleanup slowed morning traffic significantly. The driver of the SUV was wearing a seat belt and was not significantly injured.

Car accidents do not always involve other vehicles. Many times auto crashes include pedestrians who are hit by a car. Pedestrians are particularly vulnerable to severe injuries when involved in an accident. If a vehicle strikes a person, the size and weight of a car can have a tremendous impact because a person is merely a fraction of the size of the car. Unfortunately, pedestrians do not come equipped with seat belts or airbags to protect them from injury like the passengers of a car.

]]> Both pedestrians and drivers alike need to take proper precautions to avoid accidents. The problem of pedestrian accidents is shared amongst both parties, but in most instances tragedy can be avoided by following safe driving practices and rules that govern pedestrians. That is the best way to avoid being a statistic or the focus of another sad story in the news.

Source: Independent Mail, "Fatal crash stops traffic on I-85 in Greenville County," Noelle Kachinsky, Feb. 1, 2012