The couple filed suit over a child who was born in 2004 with both male and female genitalia and placed in state custody after the termination of parental rights. Doctors removed the child's male genitalia when the child was 16 months of age, leaving the child with female parts, according to the suit.
]]> The couple also sued the hospital where the child was born and the hospital where the operation was performed. According to this lawsuit, the defendants engaged in negligent medical malpractice for not obtaining the patient's informed consent before surgery and for failing to warn of potential problems resulting from the surgery. According to the suit, this medical procedure should have occurred years later when the child was competent to make an informed decision and had identified as a male or female.Plaintiffs also sued South Carolina Social Services officials for failing to protect the toddler from the surgery's consequences. In another lawsuit filed in federal court, plaintiffs alleged that doctors and state officials violated the child's civil rights by performing the surgery without consent.
The plaintiffs have raised the child as a girl since 2006 and knew that the toddler had ambiguous genitalia at the time of the adoption. The child is now a healthy 8-year-old and wants to be raised as a boy. Plaintiffs claim that the surgery could lead to sterilization, loss of sexual function or other medical issues. The suit was filed to prevent other families from going through similar struggles.
Settling or litigating malpractice cases involving a surgical error or other malpractice is complex and often requires medical expertise. Plaintiffs in these cases must show that the doctor's or other health care practitioner's deviation from the standard of care led to harm. Defendants may have different degrees and types of liability. Time periods also may limit when a legal malpractice action may commence.
Source: The Miami Herald, "Parents sue SC, hospital over child's sex surgery," Meg Kinnard, May 14, 2013
]]>The amended "pint bill," currently in the state Senate, would allow breweries to serve 48 ounces or three pints of beer daily to a customer. The limit would have been 64 ounces or four pints per day under the bill passed by the House of Representatives. Parties are attempting to negotiate a compromise to address fears by Mothers Against Drunk Driving that the measure could increase the likelihood of a drunk driving accident. Current law limits breweries to offering four-ounce samples per person daily in conjunction with a brewery tour.
]]> MADD stated that breweries crafted their business models under current law. MADD argued for a lower serving limit and consideration that craft beers often contain higher alcohol-by-volume content. Pints of beer with high-alcohol content could exacerbate drunk driving in South Carolina which is among the states with the highest drinking-and-driving fatalities, according to this group.Breweries argue that South Carolina has DUI laws and that craft beer drinkers are usually responsible consumers of alcohol. Breweries support proposed requirements for training that would instruct servers to recognize when a patron is being over-served. This bill is consistent with requirements in other states and would boost the state's economy, according to bill proponents.
Senate amendments requiring insurance coverage are also raising objections that the breweries would be placed at a competitive disadvantage. Breweries claim that no other business selling alcohol in the state must have insurance coverage of $1 million per occurrence and $10 million in the aggregate, as proposed in the amendment.
As this debate indicates, over-consumption of alcohol and drunk driving still threaten South Carolina motorists. A driver or pedestrian injured in a drunk driving accident should seek advice on dram shop liability by the establishment serving the alcohol and the impaired driver. Victims should obtain guidance on their right to compensation for medical treatment, lost wages, wrongful death and other losses.
Source: Greenville News, "'Pint bill' held up in S.C. legislature by Greenville senator," Eric Connor, May 6, 2013
]]>South Carolina law requires that drivers take an eye examination every five years or face license suspension. However, drivers are usually unaware of this requirement because the law mandates license renewal only every 10 years. Because of budget constraints, the state Department of Motor Vehicles has not periodically informed drivers of this five-year examination requirement. According to the executive director of the DMV, the state will not take action against drivers failing to take these tests every five years because of an expected public outcry.
]]> Drivers who do not submit an eye-examination certificate from a private doctor to the DMV or appear at the DMV for a vision test at the fifth year of a 10-year license face suspension and a $50.00 fine. The fine may be waived if the driver is tested within 90 days of the five-year deadline. Vision screenings are also required for license renewal at the 10-year period. Drivers who are at least 65-years-old must renew licenses every five years.Many drivers do not address their vision until the 10-year renewal period expires. Optometrists argue that this period is too long and object to extending eye testing from five to 10 years. In the past, South Carolina required vision testing every two years.
As this issue reveals, distracted or visually impaired drivers are likely to be a hazard on South Carolina roads. A car accident victim may be able to seek compensation from an incapacitated or distracted driver who causes a crash. An accident investigation should commence promptly to obtain evidence or to determine whether there is liability or the factors that may have caused the car crash. An accident victim may have the right to file a lawsuit seeking payment of medical treatment, lost income and other losses suffered in an accident.
Source: The Greenville News, "You could be driving illegally and not know it," Tim Smith, May 3, 2013
]]>Before 2006, South Carolina had the unique requirement that alcoholic beverages had to be served in mini-bottles similar to the type used by airlines. The prohibition against free-pouring made it difficult, if not impossible, to serve drinks containing several liquors such as a Long Island Iced Tea.
]]> More significantly, mini-bottle drinks in this state contained 1.7 ounces of liquor compared to 1.25 ounces or less in other states. Out-of-state tourists were not accustomed to receiving these more potent drinks, which put them at risk for being involved in a drunk-driving crash.South Carolina had the highest ranking in the nation for alcohol-related driving accident deaths before the free-pouring ban was lifted. Therefore, the Mothers Against Drunk Driving and the South Carolina Council of Alcohol and Drug Abuse Authorities joined the hospitality industry to support a 2004 referendum ending the 30-year prohibition on free-pouring liquor. Voters approved the referendum amending the constitution. The ban was lifted on New Year's Day 2006. Mini-bottles are still allowed but not required.
Like the rest of the country, overall auto fatalities declined in South Carolina since 2006. However, over 50 percent of these fatal crashes in South Carolina are alcohol-related, which is among the highest in the United States. The average number of drunk drivers involved in fatal accidents also has increased slightly.
Regardless of enforcement and educational efforts concerning drunk driving, it is likely that this problem will still impact drivers in South Carolina. A driver or pedestrian injured by a drunk driver should seek advice concerning the driver's responsibility, dram shop liability by the establishment serving the alcohol. Victims may have a right to compensation for medical treatment, lost wages and other losses.
Source: The Post and Courier, "Scrapping minibottles in S.C. was supposed to reduce drunk driving and raise money-it hasn't," David Slade, April 21, 2013
]]>The accident occurred on the 400 block of Clemson Road in Columbia at about 5 p.m. According to police, a Chrysler Sebring heading north on Clemson Road was passed by a BMW where the two northbound lanes merge into one road. The 40-year-old Chrysler driver sped up and drew even with the BMW in the face of oncoming traffic. He then started pointing and yelling at the BMW driver and made two attempts to run the BMW off of the road.
]]> On the second attempt, the Chrysler crashed into the BMW's front driver side. The Chrysler driver then ran his car off of the road's right shoulder, over-corrected the steering and drove straight into oncoming traffic, where he struck an oncoming Chevy Equinox head-on. The Chrysler and Chevy then hit an embankment. The Chevy's driver was ejected from his car seat upon impact.The Chevy driver suffered serious head and neck injuries. The Chrysler's driver sustained a fractured back. Both drivers are hospitalized. The BMW driver is uninjured. Police charged the Chrysler driver with first degree assault and battery and reckless driving.
Victims of aggressive driving, road rage and other reckless or negligent driving are entitled to compensation for medical treatment, lost wages and other losses from a car accident. Family members may file a wrongful death action if a family member dies in an auto accident. An accident investigation should commence promptly to obtain evidence and because time periods restrict the time a civil action may be filed.
Source: The State, "Columbia man charged in three-car road rage crash," John Monk, April 14, 2013
]]>Recently, a driver of an SUV ran a red light and crashed into a bus carrying 12 students on College Park Road on Interstate 26 in Berkeley County, according to the South Carolina High Patrol. The bus then crashed into two other cars on the overpass. The accident closed traffic in the area for approximately 2 hours. Police cited the SUV driver for disregarding a traffic light.
]]> None of the students were injured. The Highway Patrol, however, said that some students were to be taken to a hospital for examination. A truck driver involved in the car crash was also to be examined for injuries at a hospital.The bus passengers were special needs students from Pinehurst Elementary and Midland Park Primary schools. According to a media reporter, some of the students looked as young as three and four years old. The students were either transferred to another bus or picked up by parents.
A car accident victim, including any bus drivers and truckers who are injured while on the job, may be entitled to compensation for injuries and lost wages caused by a driver who has violated traffic laws, a reckless or negligent driver, or by defective vehicles or equipment. Workplace accidents also can lead to worker's compensation claims, in some cases, depending on the cause of the accident. Investigations should begin promptly to obtain evidence, police reports and eyewitness statements. Time periods often restrict the period in which a legal action may be filed.
Source: Live 5 News, "SUV driver cited after special needs bus wreck," Cameron Easley, April 10, 2013
]]>The suit seeks compensatory damages for the cars' lost value and demands that the manufacturer fix the alleged defect. The models were not equipped with brake override technology that stops the car and prevents a car crash if the brake and gas pedal are both activated. The plaintiffs are also asking for class-action lawsuit status.
]]> The plaintiffs cite a 2011 report issued by the Transportation Department's Office of Inspector General showing that 374 car accident fatalities resulted from these electrical throttle controls from 2003 through 2009. Complaints against the manufacturer on this issue exceeded those against other car manufacturers and comprised 22 percent of all complaints during that time period.Following another car maker's recall of 8 million vehicles for sudden acceleration in 2009 and 2010, the NHTSA proposed rules requiring brake override systems on all vehicles. The manufacturer joined several other auto makers and began installing brake override systems in 2010. The manufacturer, however, argues that the National Highway Transportation Safety Administration attributed the acceleration incidents to driver error in the agency's numerous investigations of this issue. In addition, the NHTSA and NASA issued a report in 2011 that found no evidence of electronic malfunctions in another manufacturer's models that were recalled. Investigators blamed the problems on gas pedals that could stick and floor mats that could interfere with gas pedals.
As this lawsuit demonstrates, there may be several explanations and disputes over whether driver error or product defects cause car accidents. Crash victims should promptly seek advice and commence an accident investigation to determine which party is liable, obtain evidence concerning the accident and meet time periods governing the filing of a lawsuit.
Source: USA Today, "Lawsuit: Older Fords can suddenly speed up," Jayne O'Donnell, March 28, 2013
]]>A deputy sheriff from Onslow County, North Carolina resigned after a recent aggressive driving incident in North Charleston that caused a car accident with another driver. According to the driver's video of the incident, which has since gone viral on the internet, the driver was following an Onslow County Sheriff's cruiser on I-526 that was travelling about 50 mph in the left lane of a 60 mph zone. Where I-526 widens into three lanes, the driver uses the right lane to pass the deputy driving in the left lane, passes another vehicle in the center lane and then pulls into the left lane ahead of the deputy. The deputy's cruiser then passes the driver on the right, pulls in front of him on the left lane and immediately hits the cruiser's brakes. The driver then crashed into the rear of the deputy's cruiser.
]]> The North Charleston Police issued the deputy a citation for aggressive operation of a vehicle contributing to this crash. The Onslow County Sheriff's Office reported that the deputy sheriff resigned following a discussion with his superiors. The deputy was in South Carolina for K-9 training.Aggressive driving may lead to road rage. This reckless behavior may also cause severe consequences entitling car crash victims and other victims to compensation for medical treatment, lost wages and other losses through a civil lawsuit. Family victims may be entitled to compensation for the death of a relative. An accident investigation should begin promptly to obtain evidence such as police reports and eyewitness statements. Time periods often restrict the period in which an individual must file an action.
Source: North Charleston Patch, "N.C. sheriff's deputy causing a collision on I-526 caught on tape," Jonathan Allen, March 20, 2013
]]>As South Carolina residents may be aware, truckers also confront health issues such as fatigue, sleep deprivation, stress and chemical exposure according to NIOSH. A truck accident is especially dangerous when the average fully-loaded commercial truck weighs 80,000 pounds compared to 3,000 pounds for a passenger vehicle.
]]> Two semi-trucks collided on Highway 51 in Marion County on March 15. A log truck traveling northbound ran a red light and struck an 18-wheeler that was attempting to cross the highway. The South Carolina State Police reported that there were injuries from this tractor-trailer accident.The Marion Fire Department and Marion County Sheriff's Office responded. After the tractor-trailer crash, the semi-truck was overturned and the log truck stood upright. The accident was cleared by the afternoon. Unfortunately, traffic flow was hindered until that time.
A truck accident victim may be entitled to compensation for injuries and lost wages caused by a reckless or negligent driver or for injuries caused by defective vehicles or equipment. A truck driver exposed to occupational hazards may also seek compensation. Family members may file a wrongful death accident if a family member dies in an accident. Investigations should begin promptly to obtain evidence, police reports and eyewitness statements. Time periods often restrict the period in which an individual must file an action.
Source: WMBF News, "Crews clear Hwy. 501 after semi crash," March 15, 2013
]]>Where liability coverage pays for coverage that is the covered driver's fault, an uninsured policy pays for auto accident damage caused by another driver, who does not have an insurance policy or flees the accident. Minimum liability insurance coverage was raised to $25,000 in 2006 in a law making general increases to all car insurance. However, the mandatory amount for uninsured motorists' policies was buried in a separate section of this law, and remained unchanged at $10,000.
]]> Most South Carolina drivers already have uninsured motorist policies meeting or exceeding $25,000, according to the chairman of a Senate and Banking subcommittee, Senator Ronnie Cromer. An attorney for the USAA Insurance Company also estimated that 60 to 65 percent of drivers in this state had more than the minimum coverage when the law changed in 2006, and that even more drivers now have uninsured motorist policies exceeding $25,000.The state Department of Insurance could not state the number of South Carolina drivers having at least $25,000 in uninsured motorists' coverage. The South Carolina Insurance News Service stated that each insurance company would have different rates for the increased coverage.
Insurance coverage is one of many issues facing accident victims requiring advice. A civil lawsuit may also seek compensation for medical treatment, lost wages and other losses for victims. Families may seek compensation for the loss of a relative in an auto crash. An accident investigation should begin promptly to obtain evidence, determine liability and because time periods limit the time for filing a lawsuit.
Source: The State, "S.C. Senate bill would increase mandatory minimum coverage for auto insurance policies," Lou Krasky, March 6, 2013.
]]>South Carolina is among the 39 states that outlawed texting while driving. However, Senator Shane Massey is supporting a measure, proposed bill 3121, which would strengthen this law. If enacted, the measure would classify driving while texting and other distracted driving as a misdemeanor with a $200 fine and two-point penalty on driving records. For fatal accidents caused by texting, punishment could be increased to 10 years imprisonment and a $10,000 fine.
]]> Bill passage is hampered by groups have argued that the bill is too restrictive and other parties who claim that the measure does not go far enough. Some groups also want to outlaw other distractions such as using the cell phone or putting on makeup while driving.Victims of an auto crash caused by a distracted driver or a driver who violated traffic laws may be entitled to compensation for their injuries or loss. A civil lawsuit may seek reimbursement for medical treatment, wages and other losses. Family members may seek payment through a wrongful death action where a relative is killed in a car crash. An accident investigation should begin promptly to obtain evidence and because time periods limit the filing of a lawsuit.
Source: WJBF, "South Carolina texting while driving law hits a red light," Courtney Elledge, March 2, 2013
]]>Drunk driving is suspected in a two-car wreck in Ladson that injured three people. The Charleston County Sheriff's Office is investigating the accident that occurred at 8:12 p.m. earlier this month in the area of Lincolnville and Ladson roads. According to the Sheriff's Department, a Chevrolet Suburban crossed the centerline and struck a Toyota sedan traveling in the opposite direction.
]]> The Toyota driver suffered serious injuries and was airlifted for treatment. Her passengers had non-life threatening injuries and were transported by EMS. The SUV driver was transported to the hospital for treatment of possible injuries.The Sheriff's Department stated that the 49-year-old SUV driver was unsteady on her feet, and that they detected the smell of alcohol on her breath. Authorities charged the SUV driver with felony DUI.
A person injured by a drunk driver may seek compensation in a lawsuit for medical and financial expenses caused by these accidents. Family members of those who perish in a drunk-driving accident may also file a wrongful death action. An establishment that served a visibly-intoxicated person, who causes these accidents, may also be held liable through dram shop liability. Investigations generally should occur promptly in these types of cases so that evidence, such as blood alcohol content and police reports, may be obtained in order for the case to proceed. Time periods restrict the time a lawsuit may commence.
Source: Live 5 WCSC, "Summerville woman charged with felony DUI in two car wreck," Feb. 26, 2013
]]>There were 121 victims killed in a pedestrian accident in South Carolina in 2012, according to the Highway Patrol. This rose from 114 victims in 2011, 90 fatalities in 2010 and 88 pedestrians killed in 2009. These pedestrians were hit by a car or a truck while they walked down a road or sidewalk.
]]> The Highway Patrol recommends that pedestrians should wear something reflective, remove headphones so that they can hear approaching cars, walk on the left side of the road to see approaching vehicles and wear no dark clothing. Even with these precautions, however, pedestrians are at risk if a driver is distracted, impaired or does not comply with traffic laws. Defects with property and traffic safety devices also imperil pedestrians.Although car accidents are unfortunately common, when pedestrians are involved they often suffer greater injuries or harm due to their vulnerability and the lack of protection. Victims of pedestrian accidents may be entitled to compensation if a driver or property owner is at fault. Compensation resulting from a personal injury lawsuit may pay for medical expenses, lost wages and pain and suffering, among other losses. In the case of a fatality, the victim's family may seek damages for the loss of a relative in a wrongful death action. Investigations should occur promptly because time periods govern the filing of a legal action, and evidence such as police reports and witness statements should be obtained.
Source: MidlandsConnect.com, "Pedestrian death toll steadily rising in SC," Ivory Hecker, Feb. 18, 2013
]]>The U.S. National Institute for Occupational Safety and Health has reported that truck drivers face an increased risk of on-the-job mortality and illness. For 2004, U.S. truck drivers were seven times more likely to die on the job and 25 times more likely to suffer an occupational injury or illness than the average worker. Truckers confront health issues, such as fatigue, sleep deprivation, stress and chemical exposure according to NIOSH.
]]> A 48-year-old log truck driver died from a heart attack after a tractor-trailer crash on McCords Ferry Road in Richland County earlier this month. The accident occurred when the truck struck the rear of a Honda Fit around 11:00 a.m. near the Highway 601 Bridge across the Congaree River. Both drivers safely got out of their vehicles before fires started in the car and the truck. The truck driver then suffered a fatal heart attack and died at the accident scene. Stress from the tractor-trailer accident caused the heart attack, according to the county coroner.The other driver was uninjured. The road was closed for 8 hours so that emergency crews could clean up the debris where the vehicle was hit by an 18-wheeler in this accident.
A truck accident victim may be entitled to compensation for injuries and loss wages caused by a driver who did not exercise due care, a driver who drove while impaired or for injuries caused by defective vehicles or equipment. A truck driver exposed to occupational hazards may also seek compensation. Investigations should begin promptly to obtain evidence, police report and eyewitness statements. Time periods often restrict the time for filing a civil action.
Source: WOSTV 10, "Coroner: Heart attack killed log truck driver after wreck," Jason Old, Feb. 7, 2013.
]]>An 89-year-old Kingstree driver was killed earlier this month in an auto crash when another car crossed the center line of U.S. Highway 76 east of Timmonsville. The other vehicle, operated by a 71-year-old-driver, struck the side of the victim's car and ran it into a ditch. The 71-year-old driver allegedly suffered a medical problem that made him drive the car across the center line, according to the Florence County Coroner.
]]> The crash victim was pronounced dead at the scene. The other driver was injured and taken to a Florence hospital for treatment. The South Carolina Highway Patrol said that charges are pending in this car crash.A car accident victim may be able to seek compensation for his or her injuries if a motorist drives while impaired or incapacitated, disregards traffic devices or signs, speeds, fails to yield, disregards road or weather conditions, or who does not exercise due care while driving. In this case, liability is unclear, as it appears that the responsible driver may have suffered an unexpected medical event while driving. In any case, compensation may include payment of medical treatment and wages, among other things. Family members may be able to file a wrongful death action if a relative is killed in an accident. Investigation for the purposes of a civil lawsuit should occur promptly so that eyewitness statements, police reports and other evidence may be obtained. There is a certain time period during which such claims must be filed, so it is essential to obtain information as quickly as possible.
Source: SCNow.Com, "Kingstree man dies in Saturday Timmonsville wreck," Feb. 2, 2013
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