South Carolina Injury Lawyer Blog

Charleston accident lawyers at Howell and Christmas, LLC want you to know that in South Carolina a South Carolinian, who was driving under the influence, caused a fatal car accident the left one man dead and four others seriously injured as a result of the fatal crash. The drunk driver who caused the wreck was identified as Brian Stephens. Police took him into custody on a Sunday. He was charged with multiple criminal violations including, but not limited to, DUI (Driving Under the Influence), DUS (Driving Under Suspension). He also apparently tried to flee the accident scene and was also charged with this as a third offense. Given that there was serious bodily injury and death he was charged with felony counts for his DUI. The crash happened on I-26 in the upstate of South Carolina.

Reportedly, and according to police, the defendant's vehicle was seen swerving while driving West on Interstate 26 late that Saturday night. His vehicle then struck a sports utility vehicle at a high rate of speed. The car crash only involved the two vehicles but the SUV had 5 people inside it including the driver. The driver and all 4 passengers were taken by ambulance to an area hospital. The driver was later pronounced dead the next day. He and his family were apparently returning from a summer vacation when the deadly car crash occurred.

Howell and Christmas, LLC Commentary: No matter how many laws are passed and no matter how harsh the penalties are for driving under the influence, some people continue to drink too much and get behind the wheel and drive. Unfortunately, this selfish behavior affects the lives of thousands each year who are or now someone who is seriously injured in South Carolina by these reckless actions. When someone drinks and drives and hurts or kills another they must of course be prosecuted by the state to the fullest extent of the law. Victims and their families must also bring civil law suits to protect themselves and be reimbursed for medical bills, lost wages, injuries and other damages they incur as a result of these accidents.

Source: Associated Press - August 3, 2009

South Carolina workers seriously injured on the job that sustain injuries that result in brain damage, paraplegia and/or quadriplegia are entitled to receive lifetime disability benefits under the South Carolina Workers' Compensation Act. S.C. Code Ann. §42-9-10 spells out exactly what what medical and other money damages claimant's are entitled to when they are injured at work. Paragraph (c) specifically states that those determined to be totally and permanently disabled from their work accident and that suffer one of the three serious injuries noted above, are not subject ot the usually 500 week limitation on benefits. Rather, these workers are entitled to lifetime weekly disability checks.

While the South Carolina legislature has spoken clearly on this issue, it is still up to the hearing Commissioner to decide whether or not the injured worker has met his burden of proving his case. This includes proving that he or she is totally disabled and also that as a component of said disability that they either sustained brain injury, paraplegia or quadriplegia. It is important to note that these serious injuries only have to be a component of the total disability and do not have to be the sole cause of same.

South Carolina brain injuries caused by work accidents are not always easy to prove. Only a small percentage of these injuries show up on a traditional MRI or CT scan. Many times those suffering from brain injury appear normal to the casual observer but family members and friends notice a difference in their memory, ability to multitask and especially their mood just to name a few symptoms. Often times the only way to document these subtle changes to the worker from their injury is for them to undergo neuropsychological testing with a neuropsychologist. This is non-invasive testing that requires the participant to take a series of written and verbal tests that often time reveal the extent of their brain injuries.

Car accident lawyers in South Carolina and around the country look at many issues and information before agreeing to accept a car wreck case. First, many attorneys first look to see that their are serious injuries caused by the crash. Every case is different but if no one is hurt or dies in the accident, there is little other than property damage to the vehicles to be determined. Assuming their are personal injuries or death from the accident then there are a host of damages that the plaintiff can recover. The list includes, but is not limited to, past and future medical bills, lost wages, pain and suffering, loss of enjoyment of life, loss of consortium, wrongful death, survival damages and punitive damages. We will be doing an entire future blog post on each of the definitions of the above referenced damages and how they may apply to a South Carolina auto accident case. Again, if no one is injured, disabled or dead as a result of the accident then a lawyer may decide that there are not enough damages to pursue the case.

After considering damages, many attorneys next look to the issue of liability. In other words, we not only want to know if the potential client want was injured in a car accident, we also want to know who is at fault for the injuries and other damages. For example, if the potential client was a driver of one of the cars in the collision and was found to be at fault for the accident, their chance of recovery would be diminished substantially, However, it is important to note that just because a policeman or highway patrol officer issues a ticket to someone at the accident scene that this does not, I repeat does not dis positively decide who is at fault. In fact, the ticket will not likely even be admissible in civil court. What matters are the facts and circumstances surrounding the wreck and what the witnesses and other evidence in the case point to as likely being the cause. Most drivers not found to have contributed to the accident or that can prove, by the evidence noted above, that they are not at fault can bring a case against the at fault driver to be reimbursed for their injuries and other losses from the wreck.

This likely seems obvious but you next want to make sure that their a causal link between the auto accident and the injuries and/or damages caused by it. This is known as causation. In order to prove ones case, they must prove that the car collision was not only the actual or but for cause of their injuries but also was the "proximate cause" as well. Proximate cause is determined by whether the damages caused by the car wreck were "foreseeable."

Continue reading " A Brief Look At Some Of What Car Accident Attorneys Look At When Evaluating A Potential Case " »

One of the greatest benefits provided under South Carolina Workers' Compensation law is medical treatment for the injured worker. The law that addresses medical benefits related to work accidents is S.C. Code Ann. §42-15-60 (Time period medical treatment and supplies furnished; refusal to accept treatment; settled claims; total and permanent disability). This statute tells injury lawyers, claimants and the public at large what the rules are regarding medical benefits after someone is hurt in an accident at work.

The statute reads in part that an employer is to provide hospital, surgical, medical and other treatment as may reasonably be required. Unlike private health insurance, where the employee is responsible for co-payments and the like, workers' compensation medical is paid at 100 percent of the medical provider's bill but said bill is subject to the fee schedules as set by the South Carolina Workers' Compensation Commission. Importantly, future medical benefits are addressed two ways in this law. The first is for workers who are not totally and permanently disabled from work. In order for them to continue receiving medical care for their work injuries, they must have an opinion from their doctor that continuing treatment will "tend to lessen the period of disability." Translated to English that roughly means that the care will help the employee with their activities of daily living. Workers that are deemed to be total and permanent in their disability are entitled to lifetime medical care.

Importantly, the workers' compensation insurance company can stop medical benefits and weekly disability benefits if the worker refuses treatment and it is determined that he or she is not justified in doing so. This bar to further compensation and money benefits only lasts as long as the injured employee continues in his refusal of treatment. If the worker stops his refusal and/or the Commission finds that their is "good cause" for his actions then the medical and other disability payments will be restarted.

Continue reading " When Injured On The Job In South Carolina Medical Treatment Is Provided Pursuant To §42-15-60 " »

South Carolina tractor trailer accident lawyers know that it is very important to gather all available evidence as soon as possible after a tractor trailer accident has occurred. Those seriously injured by the negligence of a truck driver are at an extreme disadvantage if they do not hire experts to preserve this evidence early on. Every case is different but it is very likely that the trucking company will have representatives on the scene of the accident in short order, sometimes even the day of same. That means that the soon to be defendant in the case has the opportunity to interview all witnesses to the crash, photograph the accident location and obtain, and in some cases even alter, evidence of the wreck.

Understanding the above, there are a few basic pointers that anyone hurt by a tractor trailer crash should know. This list is only the tip of the iceberg and should serve as a reminder of basic steps that should likely be used to preserve evidence in a tractor trailer accident case. First, they will want to interview everyone at the accident scene. This includes lay witnesses (i.e. other drivers and bystanders), the police, fire and other emergency services personnel that are called to assist with the crash site. Second, be sure to take video or photographs of the vehicles in the wreck and the scene itself. Given that almost every cellular phone now has a camera there is no excuse for not taking pictures unless someone is incapacitated by their injuries caused in the accident. Third, have a mechanic and/or engineer perform a full inspection of all vehicles involved in the accident and especially the 18 wheeler to access damages to each and to determine if any vehicle had problems with it that may have contributed to causing the crash. Fourth, consider bringing on an accident reconstructionist to help decipher and recreate what happened to cause the collision.

In addition to the above, everyone with access to a computer can get a lot of good information from several web sites that are important to the tractor trailer industry. While the National Highway Traffic Safety Administration (NHTSA) applies to all motor vehicles that travel in the United States, it is a great place to start and can provide information from the recalls and defective conditions to child safety seats. Another great source of information is the Federal Motor Carrier Safety Administration. This site provides lots of learning opportunities and addresses rules and regulations, safety and security as well as registration and licensing requirements for tractor trailers. The possibilities of places to look on the Internet are endless and only limited by the imagination of the user looking for information accidents involving 18 wheelers and buses.

Continue reading " South Carolina Tractor Trailer Accidents - Preserve The Evidence Immediately Or It Will Die On The Vine " »

Sometime those hurt at work in
South Carolina are not able to return to work at all for a period of time or in some cases not at all. Those workers compensation injuries result in total wage loss. But what happens when an injured worker can return to work but can only perform his job for a limited number of hours and/or for less wages than he was working for prior to his accident at work? These workers are protected by S.C. Code Annotated §42-9-20 (Amount of compensation for partial disability).

42-9-20 states that when the incapacity for the worker to work results from his accident and injury at work and is partial, the employer will pay him two-thirds of the difference between his average weekly wage that he was earning prior to the accident and the weekly wages that he earns each week after he is disabled. These workers compensation benefits are to be paid to the worker for as long as his partial wage loss continues up to 340 weeks. There are no provisions for payment of additional weekly checks for the injured beyond this maximum number of weeks. It is important to point out however that if the period of partial disability begins after the worker has been out of work based upon being totally disabled for a period of time that the number of weeks paid will not be deducted from the 340 weeks that can be paid for the injured employee's partial wage loss.

So how does the statute work in practice. A great example would be that of a heavy equipment operator that works 40 hours per week and that is hurt on the job and injures his right arm. His doctor tells puts him on light duty work restrictions and tells the worker he can only use the arm 4 hours per day or 20 hours per week. The construction company/employer realizes that the employee can no longer work a bulldozer so they find him a desk job filing paperwork while he recovers from his work accident. He was earning $25 dollars per hour driving equipment. Now the boss only wants to pay him $10 per hour to file. Accordingly, the worker was earning $1,000 per week ($25 x 40 hours per week). He is no only earning $200 per week ($10 x 20 hours per week). Therefore his is loosing $800 per week in wages. Pursuant to 42-9-20 he is entitled to two-thirds of his wage loss so the insurance company owes him an additional weekly check in the amount of $533.33 to supplement his new post accident weekly wage ($800 wage loss x 2/3).

Continue reading " Work Related Accidents That Lead To Partial Wage Loss Are Addressed in Section 42-9-20 In South Carolina " »

Hit and run accidents in Charleston and the rest of South Carolina can lead to serious civil and criminal liability for those offenders caught after the fact. According to a news story from WCSC there was just recently a deadly hit and run accident involving a car and a motorcycle near Summerville just outside of Charleston, South Carolina. The crash involved a car and a motorcycle. The man driving the motorcycle, Samuel Cox, Jr. who was 60 years of age, was killed in the South Carolina motorcycle accident.

According to officials at the highway patrol, the driver of the car is Collin Kentrus who is 19 years of age. He has been charged with leaving the scene of an accident and made an appearance before a judge in Summerville where his bond was set for his alleged crime. He reportedly had made an attempt to hide the damage to his car that was caused by the accident by painting over same and further tried to report to the Dorchester County Sheriff that his vehicle was damaged after being struck by a deer. The accident occurred on Highway 165.

Unlike the reported case here, many times the person that causes the accident cannot be found. In those cases victims injured in Charleston South Carolina and the rest of the state by the hit and run accident must file an insurance claim against the driver of the car in which they were riding for an uninsured motorist claim. There are strict requirements when filing these claims that include having proof of property damage and having a witness or witnesses to the accident. Those who suffer injuries in these types of wrecks often have to pay for their own medical treatment or place same on their private health insurance and then seek reimbursement for same from the driver's uninsured motorist insurance coverage.

Source: WCSC Live5news.com, Hit and run suspect arrested after reporting he hit deer, July 21, 2009.