South Carolina Injury Lawyer Blog

Your Charleston attorneys at Howell and Christmas, LLC were particularly upset to see a fairly large article in today's Post and Courier outlining a major auto accident in which four young people were killed near the University of South Carolina's famed Williams-Brice Stadium. According to the Richland County Coroner's Office, two of the victims were male (both 22 years of age) and two were female (ages 23 and 24). Also, three of the four victims were currently enrolled at the University of South Carolina; one male was a student last semester.

The fatal car crash occurred just before dawn last Wednesday morning when the car missed a sharp curve near the football stadium. The car proceeded to slam into the Farm Bureau Building on George Rodgers Blvd. Minutes later, the vehicle burst into flames. Returning to the scene Friday, investigators were combing through the wreckage to try and find answers as to the cause of this unfortunate car accident, more specifically, why the driver lost control of the vehicle and the speed at which the vehicle was travelling. Police do suspect that the male driver and front passenger were not wearing their seat belts when the crash occurred.

The Richland County Coroner also said that it was one of the young female's 23rd birthday and that the group had been seen together at several Columbia nightspots prior to the fatal car accident on George Rogers Blvd. From the autopsies it appeared that all four young people would have been killed by multiple trauma, not serious burn injuries, prior to the vehicle burst into flames, but it will take a couple of weeks to complete toxicology reports and determine if those results played a role in causing the accident.

As investigators from the Columbia Police Department, University of South Carolina Police, Richland County Coroner's Office, Columbia-Richland Fire Department, and the South Carolina Highway Patrol try to uncover unanswered questions surrounding the crash, University of South Carolina officials have offered their condolences to the victims' friends and family and have extended a helping hand in the form of counselors made available to grieving students and staff.

Continue reading "Tragedy Strikes University of South Carolina and Hit and Run Suspect in Police Custody in Lexington County" »

Your lawyers in Charleston at Howell and Christmas, LLC are experienced in representing individuals covered under the Federal Longshoremen and Harbor Workers' Compensation Act in South Carolina. But while the same Act is at discussed in this entry, it has an impact far removed from the Palmetto State. With that being said, the issue of law left to the discretion of the Supreme Court is nonetheless interesting and thought provoking to your Charleston attorneys. Hopefully our readers will agree.

Petitioner, Pacific Operations Offshore, LLP (Pacific), operates two drilling platforms on the Outer Continental Shelf (OCS) off the coast of California, as well as an onshore oil and gas processing facility. Juan Valladolid was employed as a general manual laborer in Pacific’s oil exploration and extraction business, performing such maintenance tasks as picking up litter, emptying trashcans, washing decks, painting, maintaining equipment, and helping load and unload the platform crane. Mr. Valladolid spent 98 percent of his time on Pacific’s drilling platforms, performing said tasks. The remainder of his time was spent at Pacific’s onshore processing facility, located in Ventura County, California. At Pacific’s onshore facility Mr. Valladolid was responsible for such maintenance duties such as painting, sandblasting, pulling weeds, cleaning drain culverts, and operating a forklift.

While operating a forklift at Pacific’s onshore facility, Mr. Valladolid was involved in a work related accident, which resulted in his death. Respondent, Mr. Valladolid’s widow filed a claim seeking benefits under the Longshoreman and Harbor Workers’ Compensation Act (LHWCA) pursuant to the extension of that contained within the Outer Continental Shelf Lands Act (OCSLA). Section 1333(b) of OSCLA, the provision involved in this case, makes LHWCA benefits available for the “disability or death of an employee resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf” for the purpose of extracting its natural resources.

The parties agree that §1333(b) covers employees such as oilrig and drilling platform workers working directly on the OCS to extract its natural resources. However, the parties disagree as to whether employees who are involved in extraction operations, but who are injured beyond the OCS (i.e. an onshore operating facility) are also covered under OSCLA.

This dispute focuses on the scope of §1333(b), particularly the meaning of the phrase “any injury occurring as the result of operations on the outer Continental Shelf.” Thus, the question arises, is Respondent entitled to benefits under the provisions of the LHWCA pursuant to the extension of that Act within OCSLA?

Continue reading "Overview of Recent U.S. Supreme Court Decision Concerning Federal Longshore and Harbor Workers' Compensation Act" »

Your lawyers in Charleston at Howell and Christmas, LLC have previously posted entries concerning school bus accidents, car accidents, and tractor-trailer accidents. However, none the past entries have involved all three of the said vehicles in a single incident, until today.

Last month in St. Stephan, South Carolina (a community in northern Berkeley County) the driver of a Nissan Maxima found herself wedged between a school bus and a tractor-trailer. The driver came to this precarious position after attempting to pass the school bus carrying students from Timberland High School students. According to the South Carolina Highway Patrol, this attempted pass was made illegally as the roadway was marked with a double-yellow line, which earned the driver a citation for improper passing.

In the attempted pass the 43-year-old St. Stephan woman driving the Maxima struck the back of the bus, was forced to veer left, and was then hit by the tractor-trailer heading in the opposite direction. The driver of the Nissan and one Timberland High student were taken to a local hospital after the tractor-trailer accident, but the Post and Courier article covering the incident failed to report any specific injuries for these particular persons. Thankfully, it was reported that the driver of the tractor-trailer and the other 18 students aboard the bus escaped the auto accident without injury.

It is a recurring theme of the South Carolina Injury Lawyer Blog to advocate safe driving practices along the Palmetto State's roadways, but it is of especial importance to be mindful of tractor-trailers (a.k.a 18-wheeler or semis) as these behemoths of the road pose a significant danger to everyday drivers. Because of the large weight contrast between semis and everyday passenger vehicles (minivans, sedans, compacts, etc.), the damage and danger of serious injury or death is heightened in accidents involving tractor-trailers.

Continue reading "Driver Finds Herself Between School Bus and 18-Wheeler, Palmetto State Works to Curb Rising Pedestrian Fatalities" »

During the summer months your Charleston accident lawyers at Howell and Christmas, LLC came across a number of train-related accidents occurring at railroad crossings. Links to the entries covering these incidents can be found directly below this post. But, over the last month there have been two fatal accidents involving trains. The happened in mid-November when a 27-year-old woman from Alabama either jumped off or fell from a CSX transportation train. According to a Post and Courier report, the train was about two miles south of U.S. Highway 17 and S.C. Highway 162 in Charleston County when the serious accident occurred. According to the Charleston County Coroner's Office, the woman died of blunt force trauma and it is thought that the fatal injury was not caused by direct impact with the train, but rather from the fall or jump from the moving locomotive.

After the accident, it was discovered that the woman was not riding alone on the train, she had illegally hopped on the train with a 29-year-old man from Connecticut. The man has since been charged with breaking and entering onto a train. According to an affidavit signed by the man, he continued on the train until it stopped in Georgia, where he told railroad officials about the incident.

More recently, a man was killed in Hanahan when his car was hit by an Amtrak passenger train. Witnesses on scene told authorities and investigators that a 1997 Pontiac Sunfire sedan was sitting on the railroad tracks when the crossing arms came down at Mabeline Road. Furthermore, witnesses said that the man in the vehicle appeared to be intoxicated at the time a southbound Amtrak train collided with the car, ripping the vehicle in half and killing the driver.

Continue reading "Vagabonds Hop Charleston Train Leading to Fatal Incident" »

Over on the Howell and Christmas, LLC Child Injury Lawyer Blog your attorneys in Charleston posted an entry that gave some quick tips for parents to help prevent child injuries while there out Trick-or-Treating this Halloween. However, this past week in Charleston there has already been a serious accident surrounding the spooky holiday involving two adult men.

Early this past Sunday morning, around 3:00 a.m., at the elaborate extravaganza known as Skinful Halloween a 25-year-old James Island father suffered several broken bones and a serious brain injury that has left him in a coma after being hit by an alleged drunk driver, a 31-year-old man from Summerville, South Carolina. The suspected drunk driving accident happened as many of the partygoers were leaving the event on Folly Road. According to one witness, the 25-year-old man flew 12 feet into the air after being hit as he walked along Folly Road.

The 31-year-old driver has been charged with second-degree felony driving under the influence, and in his bond hearing on Monday bail was set at $25,000, the maximum allowed for said charge. According to reports, the suspected drunk driver stopped at a nearby fire station as soon as he realized he had hit a pedestrian, a note the man's attorney mentioned at Monday's hearing.

Despite the alleged misconduct of the 31-year-old driver, the father of the victim placed the blame on the Skinful Halloween event organizers, claiming the party to be a "sanctioned rave" set in "the darkest corner of Folly Road." On staff at the event were 12 uniformed police officers and more than 20 undercover officers in addition to the security hired by Skinful and a restaurant where part of the event took place. Also, the event employed four free shuttles for the thousands of partygoers and posted an explicit warning on its website for attendees not to walk along Folly Road, noting nonexistent sidewalks. Thus, the question raised by organizers is, "When he [25-year-old victim] made the decision to walk alongside the path, who does the responsibility fall to?"

Continue reading "Halloween Extravaganza Ends in Drunk Driving Accident and Tree Lined Medians Claim Another Life" »

Early this week your Charleston lawyers at Howell and Christmas, LLC (located at 250 Mathis Ferry Rd. in Mt. Pleasant) heard of a story involving a dangerous pit bull on Daniel Island. According to the Post and Courier, a couple driving along River Landing Drive when a dog appeared out of nowhere, bolting in front of their car. The couple, with best intentions in mind, stopped their vehicle and tried to approach the dog, thinking the animal may be a beloved pet of a family on the island. But, apparently, the dog, which looked to be a pit bull, did not appreciate the gesture and proceeded to launch a "vicious attack" on a nearby woman's dog. The woman who had gotten out of the car, again with best intentions, tried to intervene in the melee, but was bitten by the animal she originally tried to help. Fortunately, the dog bite did not result in any serious injuries, due in part because the woman was wearing a sweater at the time of the attack, preventing the bite from penetrating the skin of her bicep. Needless to say, this well- intentioned citizen is hoping she doesn't run into the loose dog again after being seriously frightened by this encounter.

Responding Charleston police officers later determined that this same pit bull was involved in another incident in which another dog was bitten. Animal control officers are still trying to find the dangerous pit, and believe the dog belongs to someone on Daniel Island, as the animal was reported to have a collar.

In an unrelated incident, last Saturday Goose Creek police officers shot two pit bulls after the animals allegedly attacked other dogs and charged at the officers. One of the dogs was killed in the shooting and the owner of the animals is charged with the counts of lack of restraint and two counts of nuisance animal. A court date for the 28-year-old owner is scheduled for November 17 and the court will decide then if the owner is allowed to regain possession of the surviving pit bull.

Continue reading "Charleston Animal Control Officers Looking For Dangerous Dog" »

While redundant, the warnings of drinking and driving, no matter the source, don't seem to be taken as seriously as they should by Americans. Everyday your South Carolina injury lawyers at Howell and Christmas, LLC come across a seemingly endless stream of tragic articles outlining drunk driving accidents that kill, injure, and/or ruin lives. Yet, despite the dangers being well known, individuals from every background continue to make the poor choice to operate a motor vehicle after consuming alcohol.

According to a recent survey conducted by the Centers for Disease Control, 4 million Americans admitted to driving drunk in 2010, accounting for 112 million episodes of drunk driving in the same year. Although, these numbers are self reported, thus the true number is certainly higher. But, on the bright side, the statistics show that drunk driving is down 30% since 2006, which shows improvement in our attitude towards drinking and driving, but its still a problem.

To help limit the number of drunk drivers on the road the Centers for Disease Control offer a few suggestions, including more widespread and frequent use of sobriety checkpoints, stronger enforcement of the minimum legal drinking age (21) to help keep young inexperienced drivers from driving drunk, and using ignition interlock systems to prevent drivers convicted of drunk driving offenses from operating their vehicles if they have been drinking. Also, its important in social situations to be aware of friends or family members who may want to drive after having too much to drink, preventing someone from getting behind the wheel could save lives.

In general, as a driver or passenger in a car, the best defense against the threats posed by a drunk driver is to buckle your seat belt.

Continue reading "Despite Yearly Numbers on the Decline, Drunk Driving Accidents Still Rampant" »

Last week your Charleston accident lawyer posted an article concerning the South Carolina Department of Transportation's efforts to make a portion of Interstate-95 in Colleton County safer by trimming the trees in the interstate's median. Unfortunately, as your Charleston negligence attorney found out this morning while reading today's Post and Courier, these safety measures couldn't prevent a fatal tractor trailer accident from occurring along I-95. According to reports, an 18-wheeler traveling south on the interstate went off the road into the median strip around 9:00 a.m. yesterday morning. After running into the median the truck overturned, pinning the 51-year-old driver underneath the massive vehicle. According to the Colleton Country Coroner's office, the truck driver was pronounced dead at the scene, and the Coroner's Office and the South Carolina Highway Patrol are continuing their investigations into the single-vehicle accident.

Also according to today's Post and Courier, several agencies in the Charleston area have received moneys from the South Carolina Department of Public Safety by way of a Highway Safety Grant. In turn, agencies like the Dorchester County Sheriff's Office will be stepping up traffic enforcement to keep car accidents and traffic fatalities low. It comes as no surprise to the lawyers at Howell and Christmas, LLC that the Palmetto State is giving these grants out after numerous studies have pointed to South Carolina roadways as some of the nation's most deadly, and it is great to see the State taking a proactive approach to tackling a serious problem. But, with that being said, throwing money at a problem is never a definitive solution, and it will take a mindful effort by all South Carolinians to reduce the number of auto related accidents, injuries, and deaths in the Palmetto State.

The grant moneys in Dorchester County will not be used to hire traffic personnel to go out and work wrecks after they've happened, but rather to hire two new full-time deputies whose job will be strictly devoted to preventative traffic enforcement. Ultimately, the goal for the County is reduce the number of car accidents, serious injuries, and wrongful deaths by putting the focus on preventing traffic violations, which will include the newly hired deputies speaking to groups on safe driving practices and collision prevention. Additionally, the Dorchester County Sheriff's Office said that there will be a noticeable increase in driving under the influence (DUI) enforcement in hopes of reducing the number of drunk driving accidents.

Continue reading "State Agency Gives Grants to Tri-County Agencies in Hopes of Preventing Traffic Violations and Accidents" »

Huge news in the Charleston area, and more specifically across the Harbor in Mt. Pleasant, where one of the Howell and Christmas, LLC offices is located, surrounding the wrongful death of a former Wando High School football star who died in his first voluntary workout at Western Carolina University. Your attorneys in Charleston learned of this tragic event back in the summer of 2009, but this week the family of the 20-year-old defensive back filed a wrongful death suit against members of the Western Carolina coaching staff. Named defendants in the lawsuit include the University's athletic director, head coach, defensive coordinator, head athletic trainer, and former strength coach.

According to the lawsuit, said defendants breached their duty to the young player in failing to "develop policies and procedures to safely train and condition athletes with the sickle cell trait." According to the Post and Courier, the suit seeks a sum in excess of $10,000 and further alleges ""information about sickle cell trait and exertional sickling was available to all ... defendants, who chose to ignore it." The wrongful death suit was filed back in January in Jackson County, North Carolina.

In defendant's response to the claim, they acknowledge that the player's mother disclosed that he had the sickle cell trait in questionnaire filled out in 2008, but the response denies all other allegations.

The young player was a recent transfer from Georgia Military College, and while at Wando High School here in Mt. Pleasant, he was a North-South All-Star and an All-Lowcountry Player.

Continue reading "Family of Former Wando Football Star Files Wrongful Death Suit After Accident at Preseason Workout" »

Earlier this week your attorneys in Charleston read that, in New York, the last of the wrongful death lawsuits arising from the September 11, 2001, attacks on the World Trade Center was settled. The final plaintiff to settle their suit, a 31-year-old hockey scout, was aboard United Flight 175, which was the second plane to hit the World Trade Center. Named defendants in the suit were United Airlines and Huntleigh USA, the security company that operated the security checkpoint at Logan International Airport in Boston. The lawsuit alleged gross negligence on the part of said defendants for allowing five terrorists to board United Flight 175.

The lawsuit was initially filed in 2002, but the surviving family members of the 31-year-old man were reluctant to settle the suit because they wanted to hold United and Huntleigh publicly accountable at trial for their negligent inaction that allowed the terrorists aboard Flight 175. Although the case was settled, plaintiffs were still able to achieve their want of holding defendants publicly accountable through plaintiff's counsel filing a detailed collection of their evidence in response to defendant's motion to dismiss. Plaintiff's filing their 127 exhibits into Federal District Court record allowed plaintiffs to reveal a cache of information not previously made public.

In August, defendant's counsel filed a motion to dismiss claiming that "[n]either United nor Huntleigh can be held liable under either federal or state law for not stopping an attack that the entire federal government was unable to predict, plan against, or prevent." Defendants' motion to dismiss also contended that the security system in place was done under the direction of the federal government, and "neither intended to stop, nor capable of stopping, what happened that day." However, the filing of evidence, which included excerpts of confidential depositions of checkpoint screeners, by plaintiffs tells a story of inexperienced personnel who lacked the necessary training to properly carry out their job.

Continue reading "Last Wrongful Death Lawsuit Stemming from 9/11 Attacks Settled" »

Last week, your Charleston lawyers at Howell and Christmas, LLC came across a report of a young man from Moncks Corner who pleaded guilty to charges stemming from a fatal drunk driving accident that happened in rural Berkeley County three years ago. The young man, now 21-years-old, was charged with felony driving under the influence (DUI) after an October 2008 car accident killed a 17-year-old Berkeley High School football player. But, the now 21-year-old pleaded guilty to reckless homicide, a lesser charge, and sentenced to 10 years in prison. However the sentence is suspended to three years in prison followed by five years of probation, which means if the young Moncks Corner man keeps on the straight and narrow for three years, he will be released. But, if any behavioral issues arise, he could spend a larger part of his 10 year sentence in prison.

It was noted above that reckless homicide was a lesser charge than what the young man was initially charged, felony DUI. The reason reckless homicide considered lesser is because the penalties are less severe. Had the young man and his lawyer, if he was represented, decided to have the felony DUI taken to trial and lost, he could have been sentenced to a maximum of 25 years in prison, as opposed to the maximum of 10 for the charge of reckless homicide. Without knowing the facts and evidence surrounding this case, and only taking into account the age of the Moncks Corner man, it is a safer bet to accept the three years of prison time and probation than risk having to serve a sentence that exceeds the time you have been alive.

If you look back to a couple past entries posted by your lawyers in Charleston, there a couple posts that discuss some unfortunate statistics concerning the safety of South Carolina roadways. While the Palmetto State may be home the nation's deadliest roads and highways, it appears that the State Department of Transportation has taken notice and are making strides to improve the safety of our State's thoroughfares.

Continue reading "Young Man Pleads to Lesser Charge in Drunk Driving Accident and DOT Takes Strides to Make South Carolina Interstate Safer" »

Last month your Charleston accident lawyers at Howell and Christmas, LLC posted an entry covering the highly publicized stage collapse at the Indiana State Fair. In that post it was presupposed that claims might be filed on behalf of those killed and seriously injured in the accident. As it turns out, two weeks after the stage collapse a number of personal injury and wrongful death lawsuits have been filed against concert organizers, claiming gross negligence for failing to warn patrons of an oncoming storm.

Their claim, citing the law negligence, is based on the forseeability aspect of proximate cause and is established by proof that the actor, or in this case fair organizers, should have reasonably foreseen that their negligent act would imperil others. Plaintiffs allege that fair organizers had the opportunity to warn concert patrons of a dangerous, oncoming storm and that this catastrophe could have been avoided.

To reiterate a point of interest noted by your Charleston attorneys in the last entry, at the time of the State Fair accident there was another large music event in close proximity that successfully evacuated 6,700 people before the storm reached the site. Thus, it could be said that promoters and organizers of the State Fair breached the general standard of care by not exercising due care and caution for the safety of the concertgoers by not evacuating the fairgrounds.

Continue reading "Storm and Stage Collapse at State Fair Result in Negligence Suits" »