South Carolina Injury Lawyer Blog

The last entry posted by your Charleston accident lawyers discussed the outcome of a three month long investigation into a fatal motorcycle accident in which a young woman fell off the back of the bike. It was determined by authorities that the male operator of the vehicle was at fault in the accident and now faces serious criminal charges. Sadly, today's post also concerns a fatal motorcycle accident on Interstate-26. The collision occurred at the beginning of this week in the Columbia area in the eastbound lanes between Interstate-126 and U.S. 378, according to the South Carolina Highway Patrol.

The South's oldest daily newspaper, the Post and Courier, reports that a 28-year-old man from Cayce (near West Columbia) struck a horse trailer being hauled by a Chevy sport utility vehicle (SUV). Fortunately, the 67-year-old driver of the SUV was wearing his seat belt at the time of the accident and was uninjured in the collision. The crash caused both the motorcycle and the trailer to catch fire. Reports note that the motorcyclist was killed in the accident, but does not mention whether the cause of death was due to burn injuries suffered in the blaze, nor does the Post and Courier's report disclose if the 28-year-old was wearing a helmet at the time of the crash.

While your experienced personal injury lawyers at Howell and Christmas, LLC have posted blog posts in the past involving dog bite injuries, it is a first for the South Carolina Injury Lawyer Blog to note an accident involving horses. Although the driver of the SUV hauling the horse trailer was able to escape the serious accident unscathed, the horses in the trailer were lost in the fire.

Continue reading " Motorcyclist Killed Near Columbia After Collision with Trailer " »

Back in May your Charleston spinal cord injury lawyers made mention of a fatal accident in which a young woman fell off the back of 2008 Honda motorcycle. When commenting on the accident it was noted that the attorneys at Howell and Christmas, LLC presumed the wrongful death was ruled an accident because State Troopers did not file any charges against the 34-year-old man operating the motorcycle. However, it was reported yesterday that after a three month investigation into the fatal motorcycle accident by the South Carolina Highway Patrol has charged the 34-year-old man from Hollywood, South Carolina who was driving the motorcycle at the time of the accident with reckless homicide and operating an uninsured vehicle.

As a refresher, the accident occurred on the evening of Sunday, May 15, 2011 in the westbound lanes of Interstate-26, about a mile before the Jedburg Exit. After falling off the back of the bike the 33-year-old female rider was airlifted by helicopter to Medical University Hospital. She died the next day. Initial reports noted that the woman was not wearing a helmet at the time of the fatal fall. The initial, as well as yesterday's, report fails to mention the specific injury that killed the young woman, and it is impossible to say for certain whether or not a helmet would have saved her life. But, it can always be said that wearing a helmet while riding, or operating, a motorcycle is a good idea and a means to prevent serious head injuries in the event of a fall or accident.

According to the Post and Courier, the three month investigation conducted by the South Carolina Highway Patrol revealed that the motorcycle's operator was handling the bike in a reckless manner right before the woman fell off the back and onto the interstate. However, both the Post and Courier's initial and most recent report does not mention the specifics concerning the motorcyclist's reckless behavior. It could have been excessive speed and/or unlawful and unsafe lane changes. But considering the woman fell off the back of the motorcycle it is not too unreasonable to think the bike's operator was attempting to perform some sort of stunt. An unannounced wheelie would certainly make it difficult for a passenger to stay aboard, but that is just a theory.

Continue reading " Three Month Investigation Returns Charges Against Operator Involved in a Fatal Motorcycle Accident " »

Near the end of last month your Charleston brain injury lawyers at Howell and Christmas, LLC posted a blog entry concerning a truly tragic event in which a young lady from Mt. Pleasant was killed at a music festival after a truck ran into her, and her friends', tent. To view this past entry, scroll down to the bottom of this post and click the first link following the "More Blog Posts" section. In that post it was noted that while festival and concert promoters cannot control the weather conditions on the date of their event, they do owe a duty of care to their event's patrons, and if an attendee suffers an injury because of the negligence of the event organizers, a personal injury lawsuit can be filed against those responsible.

With that being said, there was recent, unfortunate incident at this summer's Indiana State Fair that has made major news headlines across the country. At the Fair on Saturday, a stage collapsed atop a crowd of concertgoers waiting for country duo Sugarland to perform, killing five people and as of Monday 25 were still hospitalized for their serious injuries. Early investigations and reports point to heavy winds with estimated gusts of 60 to 70 mph as the cause for the roofing, scaffolding, as well as lighting and sound equipment to topple onto the crowd.

However, since Saturday and as investigations by state officials continue, families of those killed and injured are looking for answers to questions such as: Was the structure safe? Why were the thousands of fans not evacuated? Could anything have been done to prevent the tragedy? As it is now, state officials have yet to respond to grieving family members and the curious public following the story, having not said whether or not the stage's rigging was inspected prior to Saturday. Furthermore, the spokesman for the fair has retracted an earlier statement in which he said it was the job of the state fire marshal's office to ensure the structure was safe. But now, the fair's spokesman saying he doesn't know whose job it was to inspect the stage's rigging. It seems there may have been a serious lack of communication between the State Fair's organizers and the state officials responsible for safety inspection, whatever agency that might have been.

Continue reading " Major Storm Moves Across Great Plains Collapsing a Stage Atop Concertgoers, Safety Measures Called into Question " »

Last week in North Charleston, an early morning crash created a backup that lasted nearly nine hours for Charleston area commuters trying to make their way to work. In an already highly congested area of Interstate-26 two 18-wheelers hauling large loads of wood chips collided and exploded into flames. Your South Carolina tractor trailer lawyers read in Thursday's Post and Courier that the collision between the two mega vehicles happened about 3:40 a.m., long before the rush hour traffic that usually clogs up the eastbound lanes of I-26 near Ashley Phosphate Road overpass. According to reports, one of the 18-wheelers was slowing down before entering a work zone on the interstate when it was struck from behind by the second truck, starting a fire that was fueled by the load of wood chips the tractor trailers were hauling to a paper mill.

After the major truck accident, both drivers were rushed to Medical University Hospital. The 40-year-old driver of the first was listed as in fair condition after receiving treatment, while the 48-year-old driver of the second truck from Summerville is reported to be in serious condition. There were no other reports as to the type or kind of serious injuries suffered by either driver. It can be presumed, although not known for sure, that the fire that erupted from the crash could have caused serious burn injuries to one, or both, of the drivers that were injured on the job.

It seems to be a rarity for the lawyers at Howell and Christmas, LLC when discussing serious motor vehicle accidents in Charleston and surrounding areas that the motorists involved were observing the mandatory South Carolina Law of wearing a seat belt. But, both of the truck drivers injured on the job were wearing their seat belts at the time of the accident.

Continue reading " Big Trucks Collide and Cause Big Delay for Charleston Area Commuters " »

It is not always the case that civil claims make it to the courthouse and are decided through trial there are alternatives. The most common of which is a legal settlement, or where a case is "settled out of court." This is a popular phrase that can be heard or read on an almost daily basis, but not everyone is a legal scholar and understands the process of settling a civil claim out of court. Thus, your Charleston medical malpractice lawyers have decided to dedicate this entry to giving a brief and basic lesson on settlements as they pertain to civil lawsuits. Hopefully a couple of recently decided cases will provide good examples to the settlement process, as well as show the pros and cons for both plaintiffs and defendants in the decision of whether or not to settle a case out of court.

Much like litigation, settlement is a process, and while the easiest time to settle a dispute if before litigation begins, attorneys from both parties are communicating with each other and the court as litigation moves forward, gauging the relative strength of their cases and determining if settling out of court is in the best interest of the claim.

Typically, a settlement occurs when the defendant in a civil suit agrees to some, or all, of the plaintiffs claims and decides not to argue the matter in front of a judge and jury in court. An agreement by the plaintiff and the defendant to a settlement ends the litigation, and the defendant avoids the financial cost of litigating the case in court. And the cost of pursuing litigation through trial is often extremely expensive because of the amount of time required by attorneys. This week in Charleston, it was not only the cost of trial that burned a hole in the County's pocket, but also the verdict. Last month the Charleston County Sheriff's Office denied a $10,000 offer to settle a malicious prosecution claim, and after seeing the case through trial, the wrongfully arrested plaintiff was awarded $50,000. By declining the original offer, it seems the defense (Sheriff's Office) felt the plaintiff's had a weak claim, but an incorrect perception of the other side's case cost taxpayers $40,000.

Continue reading " Basic Lesson in Legal Settlements Supplemented by Recent Examples " »

At the end of last week your North Charleston auto accident lawyers discussed the some starling statistics showing South Carolina as some of the nation's most dangerous and deadliest. Now, according to recent analysis released by AAA Carolinas, a major contributor to the fatalities are the rural roads outside located throughout the Palmetto State, and the study indicates that they are not likely to get any safer. According to a spokesman for the motor club, urban migration is a large factor in our state's not so friendly forecast. As more and more people move to South Carolina's metropolitan areas, limited highway funding will be allocated to serve roadways around suburbs and cities, and not those located "out in the country."

Based on the study's findings on the total vehicle miles driven and traffic fatalities in 2009 (the latest year for which numbers are available), it was determined that motorists and motorcyclists had the high chance of being killed in Lee and Dillon County, respectively. Following Lee County for the most dangerous roads were the rural Marlboro, McCormick, Clarenon, and Williamsburg counties. Collectively, these 5 counties represented 7-percent of South Carolina's traffic deaths in 2009, while only accounting for 3-percent of the total vehicle miles driven, showing that even those roads less traveled can pose a serious danger to drivers.

The roads most travelled in the state, those in the most populated counties (Greenville, Charleston, and Richland), were shown to be the areas where motorists had the highest chance of being in an auto accident. Calhoun County, located just south of Columbia, revealed itself to be the county in which motorists had the least chance of being in a car accident in South Carolina.

Continue reading " South Carolina's Rural Roadways: A Major Contributor to the State's Sour Fatal Traffic Accident Statistics " »

While watching Sportscenter this morning before coming into the Mt. Pleasant office of Howell and Christmas, LLC, your Charleston car accident lawyers saw ESPN's College Football Analyst, Jesse Palmer, talk with the new head coach of the Florida Gators, Will Muschamp. One aspect of the conversation that caught our attention was that of the health and safety of the players during preseason training. It goes without saying that heat indexes over 100 degrees are not conducive to intense football practices. Furthermore, such extreme physical activity in the Southeast's extreme heat presents the risk of serious injury and death.

The Gators, and other teams in the nation's best college football conference, the Southeastern Conference, are taking serious measures to prevent heat-related injuries by holding practices in the early morning and evening to keep their players out of the hottest part of the day. Also, coaches and staff are posting notes around facilities to remind players to keep hydrated.

While the premier college football programs in the nation have nearly unlimited resources when it comes to medical staff, cooling fans, ice baths, Gatorade, etc., under funded high school and their programs have a much harder time when it comes to tackling the Summer's toughest player, the heat.

This isn't the first time the South Carolina Injury Lawyer Blog has contrasted the well-financed world of college and professional football to the often-undercapitalized programs found at the high school level. Back in October 2010, there were several entries that noted that many South Carolina high school programs lack the resources to maintain training and medical staff to deal with severe brain injuries and concussions, as well as heat-related injuries during preseason practices.

Continue reading " South Carolina High School Football Preview: The Hardest Hitting Player in the Preseason is the Heat " »

Yesterday, your South Carolina trucking accident lawyers at Charleston's Howell and Christmas, LLC, discussed some statistics concerning the number of deaths on South Carolina roads. Those stats were comparing the number of fatalities in recent years to those that have occurred so far in 2011. While the numbers suggest that this year is trending to be deadlier than the last, some officials feel the numbers are skewed by the relationship between more cars on the road during the summer, means more fatal car accidents. And it should be noted that motor vehicle accidents are down two percent this year from last. So if it isn't the car and tractor trailer accidents that make 2011 appear to be more dangerous, then what is it? Well, according to the figures, it is a surge in fatal pedestrian accidents.

In yesterday's blog entry, it was noted that, despite seeming to happen to regularly, the report did not mention an increase in deadly pedestrian accidents in Charleston County. But, as mentioned before, this can be attributed to a lack of attention paid to the Lowcountry by Upsate reports, there may be a large amount of pedestrian accidents that don't result in death in the area, and it could be that Charleston County has simply not experienced an increase in pedestrian related road deaths.

With all that being said, this week the Charleston area has seen a couple fatal road accidents, one of which following the state's statistical spike, and one going against the figures. But, the two fatal incidents share one aspect in common, investigations into the incidents required authorities to look into the role a medical issue might have played in the cause of the fatal accidents.

On Tuesday, a 48-year-old woman from Miami Beach, Florida was hit by a car on Savannah Highway in Ravenel. According to authorities, the woman was walking along the shoulder of the highway at 9:20 a.m when a car went off the road and struck her. She died of the injuries incurred in the accident, according to the Charleston County Coroner's Office. The driver in the accident, a man from Ludowici, Georgia was with a traffic violation, violation of due care. But, in the course of the Charleston County Sheriff's Department's investigation, it was discovered that the driving was dealing with a medical issue at the time of the fatal pedestrian accident. In the Post and Courier's report of the incident it does not disclose the specific injuries that killed the Florida woman, nor does it disclose the nature of the driver's medical issue.

Continue reading " Charleston Area Accidents Serve to Support the Statistics Showing South Carolina's Roads as Some of the Nation's Deadliest " »

Being lifetime residents of South Carolina, your Charleston personal injury attorneys at Howell and Christmas, LLC are not surprised when their home state comes in near the top of national rankings for things a state should not be proud. As it turns out, according to the latest federal statistics, South Carolina ranks third in the nation for the number of people killed per 100 miles driven. To be fair, our fine state has seen decreases in road fatalities over the last three years. However, it is looking like 2011 will show an increase in deaths, due in large part to the rise in pedestrian accidents and fatalities, which have shown a 37 percent increase since last year at this time.

Last year after seeing a spike in pedestrian deaths, the South Carolina Department of Public Safety announced a $75,000 educational and public service initiative was in the works to try and curb the number of pedestrian accidents. Troopers have or will be handing out reflective strap bands for walkers to wear at night, making them easier to see on poorly lit rural roadways where most of the fatalities occur. As compared to last year's numbers, there are three counties that have seen an increase in pedestrian deaths, Lexington, Horry, and Greenville. Interestingly, as religious followers of local and state news your experienced lawyers at Howell and Christmas, LLC remember seeing quite a few pedestrian accidents around the town, especially in North Charleston, but there was no mention of Charleston County's past or current numbers regarding fatal pedestrian accidents. Considering the article containing this statistical information comes from The State in Columbia, it could be they have little concern for Lowcountry pedestrians, or Charleston County pedestrians are less likely to be killed in pedestrian accidents, therefore not accounted for in this particular statistic.

Despite the sharp rise in pedestrian fatalities, deaths attributed to motor vehicles, which includes auto and tractor trailer accidents, as well as deaths due to bicycle accidents, are down slightly from this same time a year ago.

Continue reading " South Carolina Roads, Some of the Deadliest in the Nation " »

As is the case with many South Carolina injury lawyer blog posts, there are often new incidents that bear a striking similarity to older entries, and this one is no different. Earlier this summer there were a couple entries posted concerning fatal auto and truck accidents involved with trains. And in today's Post and Courier there was an article reporting on another of these devastating accidents, however, by some miraculous means, this incident did not take any lives.

This past weekend, more specifically Saturday night around 11:30 p.m., a car sitting on the railroad tracks at U.S. Highway 52 and Red Bank Road was struck by a train. The driver of the vehicle was ejected from car and transported to Medical University Hospital for treatment of a head injury. Fortunately for the driver, the injury was reported to be non-life-threatening. According to Goose Creek Police, the driver of the vehicle was charged with blocking a railroad crossing. At this same railroad crossing on May 20, a car stopped on the tracks for a funeral procession and was hit by an oncoming train. That driver was also ticketed for obstructing a railroad crossing.

Both of these drivers beat the odds when it comes to train on automobile collisions. As your railroad accident attorneys at Howell and Christmas, LLC have cited in an earlier entry this summer, Troopers from the Louisiana State Police say that a train can drag an automobile at least a mile down the track, and keeping in mind the weight of a train, it is highly unlikely for an individual to survive a crash. The two drivers involved in these two Goose Creek incidents should be thankful they were able to receive their tickets for obstructing a railroad crossing.

Continue reading " Second Summer Collision at Railroad Crossing in Goose Creek " »

It was just last week when your Mt. Pleasant auto accident lawyers commented on a couple of boat accidents in South Carolina, and between the time that that entry was being thoroughly thought through and written and now, there were two more boat accidents reported across our wonderful State. But, unlike like the last entry concerning boat accidents, the ones discussed today do not feature uplifting accounts of successful rescues, rather they deal with the consequences one could face if deciding to boat under the influence of alcohol (BUI).

The accidents will be discussed in the order that they occurred. Late last Friday, a Batesburg-Leesville couple crashed their boat into a dock on the south shore of Lake Murray, southwest of Dreher Island State Recreation Area. The collision killed both the operator and the passenger of the boat. But, it was determined by authorities, and reported by The State, that both the operator and passenger had drank enough to be well over the limit considered legally impaired when operating a boat (blood-alcohol content (BAC) above 0.08). According to the Lexington County Coroner, preliminary tests show the driver's BAC was at 0.357 and the passenger's at 0.187.

The second incident, unlike the first, happened along South Carolina's coast when the Coast Guard responded to a distress call alerting them that three people had gone overboard and into Charleston Harbor early Sunday morning. Responding rescuers discovered that a 21-foot recreational boat had hit a channel marker in the Harbor and sent its three occupants into the water. Two of the three boaters sustained injuries, including a broken arm and a head injury, and after being pulled from the water were taken to Medical University Hospital. Also on scene was the Charleston County Sheriff's Office and the South Carolina Department of Natural Resources. These agencies conducted interviews and determined the operator was in excess of the legal blood-alcohol level. The operator of the boat was arrested for BUI. Incidentally, the allegedly intoxicated operator did not suffer any injuries as a result of his collision with the channel marker.

As we have seen over the last week South Carolina boating accidents are an unfortunate yet fairly common occurrence, but the operation of watercraft after sunset greatly increases the chances of a potential incident. A United States Coast Guard report states that boat on boat collisions are the largest cause of injury on the water. In case it was unclear, both of the above mentioned accidents occurred in the dark of night.

Continue reading " Before the Ink Dries on the Last Post Concerning South Carolina Boat Accidents, There are Two More to Discuss " »

As your South Carolina car accident lawyers have been mentioning in previous entries this summer, while the break from school and warm weather provide the opportunity for kids and teens to enjoy themselves, the downtime can lead to careless decisions and devastating tragedies. Of particular concern, are teenage drivers. During this season of prom, graduation, and summer vacation teens are highly more likely to be out driving late at night, and with the temptation to drink and drive or practicing the unsafe habit of texting while driving, it is sad to say, but some will not make it home, or suffer a life altering injury.

Also mentioned in an earlier post, but reaffirmed in an article printed in a couple Monday’s past Post and Courier, according to the Centers for Disease Control and Prevention, auto accidents remain the leading cause of death for teens. However, statistics show that the number of teens being killed or injured in car accidents is down from 10 years ago. This could possibly be attributed to efforts of police departments to show the negative repercussions and dangers of drinking and driving by placing mangled vehicles around school campuses and towns. Additionally, police departments, schools, and other organizations and programs are now addressing the issue of distracted driving, another previous topic covered on your South Carolina Injury Lawyer Blog.

The number of cell phone related automobile accidents is steadily on the rise, as we have been able to do more and more with today’s devices. So much so that 31 states, the District of Columbia, and Guam have enacted bans on hand-held devices or texting to help reduce the dangers of distracted driving for the public, those dangers being severe accidents that present the potential for serious injuries or even death.Twelve of these laws were enacted in 2010 alone, according to distraction.gov, the official U.S. government website for distracted driving.

Teens that start drinking early are more likely continue to do so once they get their driver's license, heightening the possibility for them to be involved drunk driving accidents. According to the U.S. Surgeon General, automobile accidents are the leading cause of death among young people ages 15 to 20, and about 1,900 people under the age of 21 die each year from accidents involving drinking and driving.

Continue reading " Carefree Summers May Produce Carefree Teens: Unsafe Driving Practices at Issue for Newly-Licensed Drivers " »