South Carolina Injury Lawyer Blog

A man was charged with felony DUI after he caused a fatal car crash that resulted in the death of his wife. The accident occurred when the car they were driving flipped over the Stono River Bridge while traveling towards Johns Island. Charleston Auto Accident Attorneys want to remind the public in the aftermath of this tragedy to never drink and drive.

The couple, both aged 21 were traveling towards Johns Island around midnight. Witnesses reported to the police that the vehicle was speeding before it overturned on the bridge. One witness in particular reported that she had spent time with the couple earlier in the evening and that alcohol had been consumed by both the driver and passenger. The woman died from blunt trauma injuries and her husband was subsequently charged with both Felony DUI and reckless homicide.

Mothers Against Drunk Driving Reports that "On average someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes."In 2007, a report by The Post and Courier about Auto Accidents in South Carolina showed that 40.5% of all auto accidents involved a drunk driver. Charleston Auto Accident Attorneys want to urge anyone who would get behind the wheel of a car impaired to use good judgment and take a cab home.

Sources: The Post and Courier, "Husband charged in Fatal Wreck", June 7th, 2010

Mothers Against Drunk Driving

The Post and Courier, "DUI Deaths rank SC 2nd Worst", December 2007

Charleston automobile accident lawyers have learned of a fatal accident that recently occurred. On Wednesday, March 17, a woman was killed in a car-truck accident in Berkeley County. The woman, a 43-year-old from Bonneau, was pronounced dead at the scene of the accident by Berkeley county Chief Deputy Coroner Bill Salisbury.

She was driving a 2010 Kia Soul when she crossed over into oncoming traffic and collided with a Ford F-450 utility truck. The fatal accident occurred around 2:10 p.m. on Cainhoy Road. The deceased woman was traveling eastbound and the F-450 was traveling in the westbound lane, separated by a center lane. Her car crossed the center lane and entered the westbound lane, colliding with the F-450 head-on.

After the collision with the truck the woman was trapped in her car until the South Carolina Highway Patrol and rescue team arrived. She had to be extricated from her car and was pronounced dead at the scene. The driver of the F-450 was suffered no injuries. Both drivers were wearing seat belts, South Carolina Highway Patrol Lance Cpl. Bob Beres reported when describing the accident. The accident is now under investigation by the Highway Patrol.

Source: The Post and Courier- “Woman killed in car-truck collision.” March 18, 2010.

Beaufort county injury lawyers are sad to report a fatal wreck involving three civilians, a K-9 deputy, and his K-9 partner. The wreck occurred on March 1, 2010 when the couple was traveling along Highway 21. After reviewing footage form the South Carolina Highway Patrol’s real time traffic information website, it has been concluded that the wreck occurred around 5:50 p.m. A Chrysler carrying two men and a woman was attempting to make a U-turn and hit the K-9 deputy. The impact was so severe it ejected the man and woman from the car. The man died on the scene and the woman and other male passenger were both taken to Beaufort Memorial Hospital. Their conditions still remain unknown. The K-9 deputy shaken up from the accident and transported to Beaufort Memorial Hospital as well. The deputy’s K-9 partner was also shaken up and received treatment from a local veterinarian. The wreck is still under investigation by the South Carolina Highway Patrol. Source: WTOC, Savannah, Georgia- “Fatal Wreck on Highway 21 in Beaufort Co.” March 2, 2010.

South Carolina wrongful death attorneys want to remind drivers that loose asphalt, rocks, and debris on the interstate can not only harm your car, they can also be fatal. Recently Alabama authorities reported that a Goose Creek woman was traveling on Interstate 20 when she was killed as a result of interstate debris.

The woman was traveling in Alabama near the Alabama-Georgia line when a pickup truck in front of her car hit a pothole. The trucks impact with the pot hole sent debris through the woman’s windshield fatally wounding her Alabama State Troopers said that the deceased woman was the passenger in the automobile driven by her husband when the accident occurred. She was 35 years old and driving east in Cleburne County, four miles west of the Alabama state line.

Fisher was rushed to the University of Alabama Hospital after the wreck and remained in critical condition overnight. University of Alabama Hospital spokesman, Troy Goodman, reported Tuesday morning that she had died from the accident and that her family wanted people to know that she was an organ donor.

Source: The Post and Courier- “Rock from road injures passenger.” March 16, 2010.

Charleston automobile accident attorneys want to remind fellow attorneys to reevaluate your expert witnesses before calling them to the stand. On Monday, March 15, 2010, South Carolina’s Highest court overturned the $18 million dollar award Ford Motor Company was to pay plaintiff Sonya Watson as a result of her 1999 single vehicle wreck.

Sonya Watson, 17, wrecked her 1995 Ford Explorer in December of 1999. Watson was paralyzed from the accident and one of her passengers, Patricia Carter, was killed. Watson claimed that the Explorer’s cruise control was at fault because it had caused the car to accelerate out of control. Watson filed suit against Ford Motor Company, in which her attorney argued that the Explorer “took off,” after Watson set the cruise control and she lost control of the vehicle in Laurens County on Interstate 385. In 2006 a Greenville County jury ruled in favor of Watson and awarded her $15 million dollars and $3 million dollars for Carter’s estate.

Chief Justice Jean Toal overturned the award Monday after reviewing the expert witness and the examples of other acceleration problems that were used in court. The expert witness in dispute an electrical engineer. Toal found that the engineer did not have any experience with cruise control, had never worked on a cruise control system, had never researched and published any literature on cruise control, and had never operated a cruise control on an automobile at all. Toal wrote that the had no experience in the automobile industry and the trial judge should never have allowed him to testify as an expert witness.

Other examples were cited of faulty cruise control systems were cited in the case, which were later overturned in the court of appeals. Toal explained that these examples were not fact because their ruling had been overturned and should not have been admissible by the trial judge. Ford Motor Company said they are satisfied with the court’s ruling and expressed their sympathy to the Watson and Carter families. South Carolina accident attorneys from both sides of the case could not be reached.

Source: The Post and Courier- “$18M award overturned.” March 16, 2010.

South Carolina wrongful death lawyers report on a fatal wreck that occurred late Saturday, February 20th in the North Charleston area. Christopher Leroy Wright was driving the vehicle. Wright lost control of the vehicle, ran off the road, and slammed into a tree. Thirty-two year old passenger, Eddie Harris, was severely injured in the Charleston accident and medics rushed him a local hospital. Unfortunately shortly after arriving to the hospital Harris died from the serious car accident. The Charleston County Coroner’s Office pronounced Eddie Harris dead as a result to the severe injuries he received in the single-vehicle automobile accident.

When police arrived at the scene of the accident they observed Christopher Wright’s behavior and allegedly found him under the influence. Wright was not only allegedly driving under the influence, he was also driving with a suspended license. After being evaluated by medics, Wright was taken into custody and charged with a felony driving under the influence charge and driving under suspension charge.

Mothers Against Drunk Driving (MADD) is a non-profit group that works with local schools and organizations raising awareness about the severe, if not fatal, consequences of driving under the influence. MADD reports that about three in every ten Americans will be involved in an alcohol- related crash at some point in their lives. Another startling statistic MADD features on their website is that “over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States.” These figures are startling, which is why we are reporting them. Drivers always need to remember to be a defensive driver, as well as a responsible driver.

Source: The Post and Courier- “Drive charged in fatal wreck.” February 22, 2010.

Charleston automobile accident attorneys caution drivers to be extremely cautious when driving down US-17, especially after dusk. The highway has little to no lighting and can be extremely hard to navigate late at night. Around 7:50 p.m. on Thursday, February 25, a male driver was traveling north on US-17 when he lost control of his sports utility vehicle.

The driver flipped his SUV four times, crossing over the median before the vehicle stopped. The wreck occurred near Millcrest Drive. The South Carolina car accident was so severe the that the driver had to be cut out of the car with the hydraullic cutters (known as the “jaws of life”) and spreaders manned by the Charleston County Rescue Squad. The victim was then transported via helicopter to the Medical University Hospital for treatment.

All that has been released about the victim’s identity is that the victim is a male. The Charleston County Rescue Squad stated that his injuries are severe. The sheriff’s office fatality team responded to the accident as well due to the severity of the victims injuries.

Source: The Post and Courier- “Driver seriously hurt on U.S. 17" February, 25 2010.

Charleston County Police need your help to find the driver of a sports utility vehicle (SUV) that hit multiple cars and gate before hitting a house. After abruptly coming to a halt, the unknown driver got out of the vehicle and took off on foot. Fortunately no one was physically hurt in the Charleston accident, but was thousands of dollars in personal property damage.

The South Carolina hit-and-run occurred downtown on the corner of East Bay Street and Wentworth Street shortly after midnight. The 1997 GMC Suburban crashed into a parked 1999 Volkswagen and caused enough damage to the car that it was totaled. After totaling the Volkswagen, the SUV sideswiped a 1999 Honda Accord and a 2007 Mercedes, and then struck a Mitsubishi pushing the Mitsubishi into a BMW.

The unknown driver damaged five cars before crashing into an iron gate at 21 Wentworth Street. The gate gave way and the driver damaged the home before coming to a stop the neighboring house, 23 Wentworth Street. Police said the damages to the houses were minor but damages to the five cars ranged from minor to severe. Witnesses told police that after the driver hit the house located at 23 Wentworth, they saw the driver get out of the vehicle and run from the scene. If you know any information about this severe hit-and-run accident please contact the Charleston County Police.

Source: The Post and Courier- “SUV hits multiple cars, gate, home.” February 19, 2010.

Fortunately there were no injuries from two separate Charleston school bus crashes that occurred Thursday, February 18, in Charleston county. The first accident involved a school bus traveling from Oakland Elementary School and two trucks on US-17. Luckily there were only two people on the school but, the driver and one student. No one on the school bus or in the two trucks was injured in this accident.

The second wreck involved a Charleston county sherif’s deputy and a school bus carrying students from Academic Magnet School and the School of the Arts. The accident happened at 4:24 p.m. at the intersection of Winborn Street and Dills Bluff Road in James Island, after the school bus driver allegedly failed to yield to the right of way. The deputy was taken to the hospital but was cleared that afternoon. The school bus driver was charged with failure to yield to the right of way.

School bus drivers have to constantly be alert when driving in order to prevent accidents. This can be a difficult task due to the amount of children on the bus, the noise on the bus, and the size of the bus. According to the Student Transportation Safety (STS) nearly 25 children are killed in school bus accidents each year. The STS also reports that typically in a school bus and automobile accident the people occupying the automobile are the most severely, if not fatally, injured due to the large disproportion of size.

Source: The Post and Courier- “ None injured in school bus crashes.” February 19, 2010.

Charleston accident attorneys want to warn you that numerous people have been injured while using U-Haul equipment. After a multiple deaths occurred while clients were driving a Ford Explorer and U-Haul had to settle wrongful death suits out of court, U-Haul decided to implement a new policy banishing the use of a U-Haul trailer product with a Ford Explorer.

In many of the cases drivers were towing a U-Haul trailer behind an SUV. When any SUV reaches interstate speed the trailer in tow begins to sway and fishtail. Most drivers break to prevent this but breaking only stops the automobile, not the trailer. An instance such as this can cause serious personal injury to the driver and other drivers on the road. Drivers should be very cautious when towing anything and also check the mileage the trailer or truck has already endured. Wrongful death accidents are commonly associated with poorly maintained high mileage cars.

U-Haul was recently sued $84 million dollars in a negligence suit. Talmadge Waldrip an elderly man from Texas, rented a U-Haul truck and when he went to park the truck it rolled over on him. Waldrip won $63 million in punitive damages for the company’s failure to conduct regular maintenance on their equipment and meet truck and trailer safety requirements.

Source: South Carolina Lawyers Weekly- “Lawsuits trail U-Haul nationwide.” December 21, 2009.

South Carolina bus accident attorneys, Howell and Christmas, LLC, want you to know that last year a Texas bus crash killed 17 people and after further examination it seems that the accident was easily preventable. “It was a perfect storm of gross negligence on the part of multiple parties,” Yen-Chi Le, from Huston who lost her mother in the bus crash expressed after attending the hearing. The serious bus accident, one of the worst in U.S. history, occurred in August 2008, when a bus chartered by the Vietnamese Catholic community launched over a bridge 60 miles north of Dallas, Texas. The bus was carrying 55 passengers.

After an investigation the National Transportation Safety Board determined that the front right tire had been punctured before and had been retreaded poorly. Due to the retreading the tire was under inflated and was punctured again. Front axle tire retreading is prohibited by Federal regulations. Bus drivers should check tire pressure before each journey and new buses are to be equipped with tire pressure gages that monitor tire pressure.

How are bus restrictions and guidelines mandated? The Texas Department of Public Safety is responsible of overseeing buses and reissuing licenses to owners/companies after they have passed proper safety inspections. The bus involved in this crash was inspected 8 days before the accident. How did this bus pass the inspection, when retread is prohibited on front axle tires? Someone overlooked it at Five Minute Inspections, the Houston inspection company that preformed the inspection just eight days before the accident.

Obviously Five Minute Inspections, needs to take more than five minutes when inspecting buses that will be carrying large parties because they are not only a time bomb for passengers, they are also an enormous liability for other motorists who can be seriously injured in a bus crash.

Source: The State- “NTSB Probe: Tire Puncture caused Texas Bus Crash.” October 27, 2009.

South Carolina car accident lawyers want you to know that when you are behind the wheel on the interstate it is imperative that you are cautious and alert. Interstate 26 eastbound towards Charleston has been reported to have “hail storms,” of deteriorating asphalt. Drivers need to be aware of this situation and be prepared for any flying loose debris. These storms can cause serious Charleston car accidents that could result in death, but should this really be an added responsibility drivers need to endure?

Rocks and loose gravel cause accidents in South Carolina and damage to cars every year. When a car is traveling around or at the speed limit, a loose rock popping the windshield can startle drivers, especially inexperienced drivers or elderly drivers. Many times loose asphalt cracks windshields and alters or even worse prohibits the drivers ability to see the road.

When leaving the Charleston area the stretch of asphalt on I-26 westbound is around ten years old, which is the “end of its life cycle,” Michael Black, district maintenance engineer for the South Carolina Department of Transportation expressed. So what is going to be done you may ask?

$6.35 million dollars of taxpayer money will be used to resurface these poorly paved and engineered roads. The resurfacing will encompass the area of I-26 between the Summerville exit to the newer concrete sections in North Charleston. Unfortunately, the resurfacing cannot begin until temperatures rise. For many locals this is not soon enough.

Continue reading "Charleston Drivers- Look out for Loose Asphalt on I-26" »

Four people were killed after a car was hit by an Amtrack train in Hardeeville, South Carolina. Three adults and a 12-year-old child were in the car when it collided with the train. All of the car's passengers were killed on impact, but none of the 20 passengers and five crew members aboard the Amtrack train were hurt.

The southbound train was on its way to Savannah, Georgia from Charleston. The train versus car wreck occurred when the driver of the car tried to steer around a crossing arm to beat the train. The train pushed the car about a mile down the tracks before it was able to stop.

This train accident is one that could easily have been avoided if the driver of the car had simply obeyed common traffic laws. Because the driver was driving aggressively and recklessly, four lives were unnecessarily lost. It is important to consider the consequences of your actions when you are behind the wheel and to follow all traffic laws in order to ensure the safety of other drivers and passengers.

Source: Associated Press- "4 dead in car-train crash near SC-GA state line"- November 17, 2009.

A head-on car accident in western Pennsylvania recently killed three students from Edinboro University. The crash occurred when one car tried to pass another vehicle at the top of a hill and hit an oncoming car.

18-year-old Domenico Crea was driving the car with that attempted the pass. Neither she nor the 18-year-old passenger, John Eyrolles were wearing their seat belts and both were killed on impact. The driver of the other vehicle, 21-year-old Sheldon Harmon, was also killed in the crash.

Source: Associated Press- "Head-on crash kills 3 college students in Pa."- November 12, 2009.

According to a recent New York Times poll, about 97% of Americans want texting behind the wheel to be illegal. This number has risen significantly from 69% in 2001.

The study also shows that about half of Americans believe that texting while driving should be punished as, if not more, harshly as drunken driving. Many believe that people texting while driving create as much of a risk to other drivers as someone who operates a vehicle while intoxicated.

80% of Americans also believe that talking on a hand-held cellphone while driving should be banned. However, 70% of people believe that using a hands-free cellphone should be acceptable, even though many studies have shown that using a hands-free cell phone does not eliminate risk.

Continue reading "What Does South Carolina Think: Study Shows that 97% of Americans Think Texting While Driving Should be Illegal" »

A South Carolina man has been charged with homicide after his tractor trailer struck and killed a man in a wheelchair in Kenova, West Virginia.

68-year-old Deris Scott died when his motorized chair hit the rear of the tractor trailer. The man was knocked to the ground, but the truck continued to drag his chair for about a quarter mile. The 43-year-old truck driver, David Joyce claims he never saw Scott crossing the street and didn’t realize what had happened until another driver flagged the truck down. Joyce has been charged with felony negligent homicide.

Trucking accidents can be caused by numerous factors, including driver error, fatigue, intoxication or faulty brakes and tires. Each of these causes point to negligence on the part of the truck driver or the trucking company.
If you have been hurt in a truck accident, the tractor trailer accident lawyers at Howell and Christmas will work to help you receive the justice and compensation you deserve.

Source: The State- “SC driver charged in W.Va. crash death”- October 27, 2009

As accident attorneys in South Carolina, we come across automobile accidents resulting from many different factors. The National Highway Traffic Safety Administration recently produced a list of the six most common causes of automobile accidents.

1. Distracted Drivers: According to the American Automobile Association, somewhere between 25 and 50 percent of all automobile crashes in the United States are a result of distracted driving. “Rubbernecking”–or slowing down to stare at another accident is the most common cause, but others include looking at scenery, other passengers, adjusting the radio, and using hand-held devices such as cell phones.

2. Driver Fatigue: According to the United States National Traffic Safety Administration, fatigued drivers cause about 100,000 accidents every year in the U.S. The risk for these types of accidents tends to be highest between 11 p.m. and 8 a.m., but they can happen at any time.

3. Drunk Driving: The only way to prevent causing this type of accident is to avoid drinking and driving. If you know you will be in a situation that will involve alcohol, it is important to choose a designated driver in advance.

Continue reading "Charleston Lawyers Want You To Be Aware of the Most Common Causes of Automobile Accidents" »

According to the Jacksonville Sheriff’s Office, a man was recently killed in a car accident in Jacksonville, Fl.

A black pickup truck was driving down the Interstate when it sideswiped a van and drove off without stopping to speak with the other driver. The driver of the van followed the truck so that it could give a description to the police.

According to police, the pickup truck then turned off the interstate and the driver lost control of the vehicle and hit several trees. The passenger in the truck was killed instantly in the crash, but the driver, Amber Cornelius, took off running.

The police eventually caught up with Cornelius, and she could now be facing charges of fleeing the scene of an accident causing death. The crash is still under investigation.

Source: News 4 Jax- “Crash in Mandarin Kills 1, Driver In Custody”- April 3, 2009.

South Carolina accident attorneys encourage drivers to take all necessary precautions when operating a motor vehicle, regardless of whether you live in the city like Charleston or the countryside like in Beaufort.

According to a new traffic accident study, driving in the city is actually much safer than in the countryside, where more car accidents occur.

Results of the study show that the risk of fatal accidents is 40% higher for the population inhabiting suburban districts than for those living in the city. For people living in the countryside, the risk of dying in traffic is two or three times as high. In rural districts, the risk of severe injury is 70-100% higher than in cities. Minor accidents with slight injuries tend to be more common in the city. These types of accidents are much more common than accidents with severe injuries or fatalities, which is probably the reason cities have a bad image for safety of driving.

Continue reading "Attention Charleston Drivers: More Traffic Accidents in Rural Regions than Cities" »

A California appeals court has ruled that an employer may be liable for personal injuries stemming from an executive’s car crash. The crash occurred when the Executive was returning home from a business conference.

Marc Brandon, the vice president of anti-piracy Internet operations for Warner Brothers Entertainment, attended a three-day business conference in Sunnydale, CA. The event was sponsored by one of Warner’s anti-piracy vendors. Warner Brothers had approved the trip and paid for Brandon’s airfare, hotel and airport parking.

After the trip, Brandon drove home from the airport and was involved in an accident with another car. The wreck injured three pedestrians, one of whom later died from his injuries.

Continue reading "Employer Blamed for Exec’s Car Accident" »

Charleston accident lawyers want to share the good news with you that there is a continuing trend of fewer people dying on roadways. According to the government, deaths on U.S. highways have dropped to a record low during the first half of 2009.

Last year, just over 37,000 people died in automobile accidents, which was the lowest number in 47 years. However, the government projects that even fewer motorists will die on the roads in 2009.

The National Highway Traffic Safety Administration says that 16,626 people died in traffic accidents during the first six months of 2009, which is a 7 percent decrease from the same time period in 2008.

Safety experts believe the declines in highway deaths can be attributed to the economic recession, people driving less frequently, record-high seatbelt use, and vehicle safety advances.

Source: Associated Press- “Highway deaths at record low in first half of 2009"- October 9, 2009.

In the case of Cruz v. Michelin North America, a jury decided that the world’s second largest tire maker, Michelin & Cie., must pay $11.96 million for a 2006 truck accident that killed six people and paralyzed a young boy. The jury determined that a tire defect in a Goodrich tire made by the company was a substantial factor in the crash.

The accident occurred when a tire on the truck in which they were riding failed and the vehicle to swerve into oncoming traffic. According to an attorney for the plaintiffs, the jury found that broken air conditioners and leaky roofs caused moisture to get on the tires, which led to the tread-belt separation. The jury felt that there was a clear manufacturing defect in the tire and that Michelin should pay for the irreversible damage it caused.

South Carolina product liability lawyers know that when dangerous defects are found in products you use, the manufacturer may be liable for any harm you experience. Working with an experienced attorney can ensure that you collect the benefits you are entitled to.

Source: Bloomberg.com-“Michelin Loses $12 Million Verdict in Suit Over Crash (Update1)”- September 10, 2009.

Charleston accident attorneys at Howell and Christmas are concerned about the increasingly serious problem of distracted driving which has become especially prevalent with the new technological advances of the past decade. Of the 50,000 lives claimed in motor vehicle accidents every year, about 6,000 of them are caused by distracted driving. There are an additional 515,000 drivers and passengers injured each year due to distracted drivers. Distractions such as talking on the cell phone, text messaging, drinking, eating, and playing with the radio, can all be very dangerous and jeopardize the safety of the driver and others.

The first Distracted Driving Summit was held recently in Washington, D.C. by the U.S. Department of Transportation. Government officials, automobile industry experts and lawmakers are calling for swift action to help save lives and keep our nation’s roadways safe.

In a recent traffic culture survey conducted by the American Automobile Association’s Foundation for Traffic Safety, almost 100% of drivers agreed that cell phone use while driving is a threat, however a large percentage of those same drivers admitted to continually using hand-held devises while operating a motor vehicle. The survey also revealed that 80% of young drivers, ages 16 to 24, admitted to distracted driving. Members of the summit were alarmed to learn that, according to the survey, many teenagers actually perceive driving itself to be the distraction that gets in the way of their need to continue to communicate with their friends, via cell phone or text messaging, while driving.

Continue reading "Distracted Drivers a Factor in South Carolina Automobile Accidents " »

A motorcyclist was killed in April of 2009 by a former Brunswick Community College math instructor who was driving while impaired. The victim was 31-year-old Stanley Torr Barnes, a chef from the Triad area, who was in Wilmington for work. During the recent sentencing at New Hanover County Superior Court, the driver, Jason Albert Smith, 32, of Southport, received the forgiveness he was hoping for.

I’lla Barnes, the mother of the victim, called Smith’s actions “a stupid, irresponsible mistake,” but later told him that she forgave him. She also showed pictures of her son and talked about his volunteer work and willingness to help others. She told Smith that they wouldn’t be properly honoring their son if they didn’t give him their forgiveness.

Under a plea agreement, Smith pleaded guilty to one count each of felony death and hit and run resulting in serious bodily injury or death. He was sentenced by Supreme Court Judge W. Allen Cobb Jr. to 120 days in jail with 25-27 months suspended and three years of probation. He lost his driver’s license, was fined $1000 and must do 50 hours of community service. Smith also lost his job as a result of the incident. The victim’s family also plans to seek financial compensation in a civil lawsuit.

Source: Star News Online-“Mother of man killed by drunk driver offers forgiveness at sentencing”-Sept. 15, 20009

As our Charleston accident lawyers at Howell and Christmas know, injuries and dangers from a hit and run accident can be catastrophic. Just recently, after receiving a call about an automobile hit and run accident with no injuries, police in Conway, South Carolina arrived at the scene to find one person ejected from the vehicle and another trapped underneath it. The accident took place at Fifth Avenue and Elm Street.

Conway police say that a vehicle had flipped after it hit a utility pole and the collided with an oak tree. There was only one vehicle at the scene and police are investigating the possibility that the accident was a hit and run.

One person who was injured in the car accident was airlifted from the scene to New Hanover Medical Center and the other was taken to the Conway Medical Center. They were later both flown to the Medical University of South Carolina for further treatment. The accident remains under investigation and so far there have been no charges filed.

Source: WMBF News- “Police investigating possible hit and run in Conway”- Sept. 14, 2009.

A 23-year-old woman was killed in a South Carolina automobile accident that occurred along Interstate 26 in Berkeley County. Amanda Gunter of Goose Creek, was a passenger in a Toyota Camry that crashed near the eastbound 192 mile marker just before midnight. She was not wearing her seatbelt and was thrown from the vehicle.

According to the Berkeley County Cornoner’s Office, she was taken to Medical University Hospital, where she soon died from car accident injuries.

Highway Patrol Lance Cpl. Bob Beres said Gunter’s husband, Edmond Gunter, 24, was driving the car when he it went off the side of the road. He was able to steer the vehicle back onto the road, but lost control and the car flipped.

A van driven by 45-year-old Johnny Wilson Smith Jr. of North Charleston, crashed into the overturned car. A passenger in Smith’s van, who was injured in the automobile accident, was taken to the Trident Medical Center, and the Gunter’s 1-year-old child was transported to Medical University Hospital for treatment of injuries. Highway Patrol is still investigating the accident.

Source: Post & Courier-“Woman dies after Interstate 26 crash”- Sept. 19, 2009.

Have a brain injury in South Carolina? South Carolina brain injury lawyers know the details of our state's personal injury laws. Howell and Christmas brain accident attorneys know that traumatic brain injuries can occur from a variety of different things and can range in seriousness from the mild, which are commonly known as concussions, to the severe. Brain injuries can disrupt the way the brain normally functions and should be taken very seriously and handled with precaution. Sometimes the symptoms of a brain injury show up almost immediately, but in other cases, symptoms may take up to three or four days to appear or worsen with time. This might signify a more serious injury that requires immediate medical attention.

According to Dr. Beth Slomine of the Brain Injury Rehabilitation Program at the Kennedy Krieger Institute, there are many simple precautions that one can take to dramatically reduce their chances of having a brain injury. One should always use seatbelts, airbags, and child restraints while driving in the car, and should also avoid the use of cell phones or other distractions while driving. It is important to wear helmets and other protective gear while participating in sports and physical activities.

If an injury to the head does occur, Dr. Slomine says it is extremely important to seek medical attention if you lose consciousness, are confused, or have physical symptoms, such as headache, nausea, vomiting, dizziness, lethargy, weakness, numbness, or visual difficulties.

Continue reading "Signs and Symptoms of Brain Injury" »

A fiery wreck in South Carolina occurred along Interstate 585 when a logging truck was driving towards Spartanburg and part of its load hit the California Avenue overpass, leaving a large log hanging from the bridge. According to Spartanburg County Emergency Management Coordinator, Doug Bryson, the negligent truck driver kept going, leaving the log behind.

Soon, a dump truck pulled up to the scene to try to help clear out the debris, but before the driver could get out of the car, a gasoline tanker, driven by 25-year-old Degrant Stevenson, crashed into the back of him at full speed. The two trucks slid under the California Avenue Bridge and the gas tanker caught on fire. The injured dump truck driver and a witness to the scene worked together to rescue the driver of the gasoline tanker from the burning wreckage, according to Highway Patrol.

The dump truck driver, Joseph Tonkovic, 38, only suffered minor injuries and was taken to Spartanburg Regional Medical Center to be checked out. Tonkovic is a volunteer with the Spartanburg County Community Emergency Response Team. Stevenson sustained more serious burn injuries and was flown to the Joseph M. Still Burn Center in Augusta, Georgia.

Continue reading "Truck Collision Causes Fire on Spartanburg Road" »

As the trucking industry continues to grow, South Carolina trucking accidents are increasingly common. In tractor trailer accidents, individuals in the passenger vehicles account for 98% of deaths. Because trucking companies usually have experienced legal teams and are experienced in negotiating settlements with victims, they will often give you less than you deserve, and leave you with high medical bills and lost wages that are not appropriately covered in the settlement. At Howell and Christmas, LLC our experienced tractor trailer accident lawyers can help you determine what you are entitled to, and represent your rights against large trucking corporations.

By way of example, in March of 2007, George Rogers, 51, ran his lumber truck through a stoplight and killed two young children. The children were in a minivan driven by one of their mothers, who survived the South Carolina automobile accident. The crash took place on SC-9 near Lewisville High School. According to investigators, in addition to running the red light, Rogers’ truck had serious brake problems.

After more than two years, the trial is under way for George Rogers. If Rogers is convicted on both counts, he could get up to 20 years in prison.

Rogers’ attorney, Carl Grant is expected to try to prove that the light was still yellow when Rogers approached and that he was unable to stop in time.

Continue reading "South Carolina Truck Accident Damages" »

Two separate Charleston South Carolina auto accidents end in deaths according to local authorities. The first serious wreck happened on Interstate 26 just outside of downtown Charleston near the North Meeting Street exit on the interstate. The fatal car crash took place on Sunday afternoon when a sports utility vehicle left the road and crashed into a highway divider. Five other passengers were taken to The Medical University of South Carolina and were treated for their injuries. At the time of this report, there was no information available as to the extent of their injuries.

The second Charleston car accident involved a 76 year old male driver who was driving on Hwy 17 just outside of Mount Pleasant. Emergency medical services transported the man to MUSC. He was pronounced dead sometime after eleven o'clock on Saturday night.

Both accidents are being investigated by the South Carolina Highway Patrol and The Charleston County Sheriff’s Office respectively.

Source: Authorities investigate two fatal accidents in Charleston County, WCBD, September 6, 2009.

Charleston accident lawyers at Howell & 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

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" »

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.

South Carolina car accident injury statistics have shown time and again that younger drivers cause more serious injuries and death than older drivers in South Carolina. Anyone can go to the South Carolina Department of Public Safety for the latest numbers of car accidents that have caused injuries and fatalities. Sometimes it is best to place a human face onto the spreadsheets and reports to add texture and reality to what this really means to us all as drivers.

The item.com has done so in its recent article discussing younger drivers. The article tells the story of numerous teenage drivers like 17 year old William Cribb, Jr, and 14 year old Patrick Miller who both died in separate car crashes. Both of their serious accidents involved young drivers at the wheel and both resulted in deaths as well as serious injuries in South Carolina to at least three other passengers. William flipped his truck after he ran it off the shoulder of a well known highway called U.S. 521. Patrick was a passenger in a car and was ejected upon impact. Neither of the two young men were wearing seat belts.

According to South Carolina government statistics, nearly 2,000 people died by drivers between the ages of 15-24 in the past five years alone. While 92 drivers died in car crashes, another 180 sustained injuries in these accidents. The article cited drinking and driving accidents, speeding, cell phone use and text messaging among young drivers as major contributors to their car accidents. Statistics say that teen drivers are much more likely to speed in their vehicles than older more experienced drivers. The article notes as one compelling fact that a driver is almost 6 more times likely to cause or be involved in an accident if he or she drives just 25 percent above the speed that an average driver would travel. Also, smartmotorist.com reports that even a small increase in speed, say 5 miles per hour over the posted speed limit, can be as dangerous as driving at a very high rate of speed, say 100 miles per hour. Importantly, some 90 percent of drivers in the United States will speed in their vehicles at some point in their life. Importantly, those traveling in cars are 4 times more likely to survive an automobile accident if they are wearing their seat belt.

Continue reading "More Evidence That Younger Drivers In South Carolina Cause Serious Injury and Death" »

This past Monday almost turned tragic when at least 42 South Carolina car accident drivers were part of a series of wrecks that occurred on Interstate 26 near Summerville. The accidents happened shortly after five o'clock in the afternoon, which is right during rush hour traffic. The collisions resulted in at least 16 victims that are known to have sustained injuries. Fortunately, no one had any major injuries as of the time of the report. Those that were hurt were treated and released for their injuries at Trident Medical Center and Summerville Medical Center and no one injured required being hospitalized overnight.

All of the vehicles were not involved in the same accident but rather in a series of wrecks that all happened close to the Summerville exit off of I-26. The pileup started after there was reportedly a minor traffic accident on the other side of the interstate. It had been raining that afternoon and some cars traveling West towards Columbia were reportedly "rubber necking" to see another accident on the East bound side of the interstate. Some traffic slowed while others continued at a higher rate of speed and multiple collisions resulted. The West bound interstate was forced to be closed for a period of time as ambulances and police helped the injured and removed the cars and other debris from the road. The East bound side was not closed but traffic did not move for a period of time and onlookers watched the clean up from the 42 vehicle accident.

Remarkably, one hospital official reported that it is not unusual for fifteen to twenty-five people to arrive at those area hospitals from just one accident and cite South Carolina school bus accidents as an example of where there can be multiple injuries during one crash.

Continue reading "42 Vehicles Involved In Charleston South Carolina Crash on I-26 " »

Two off duty police officers were involved in a serious car accident in South Carolina near Chalreston. The crash happened in Conway at approximately 2:30 pm on July 2nd, 2009, and involved Officer Timmy Fulmore and Officer Pamela Hunt. Officer Fulmore sustained life threatening injuries to his body and was transported by ambulance to Grand Strand Medical Hospital in Myrtle Beach. Doctors at said hospital later announced that he had died from his injuries from the car collision.

Officer Hunt was originally transported to Conway Medical Hospital where she was initially treated for her injuries. She was later air lifted by helicopter to an area medical facility in Charleston, South Carolina, for the serious accident. At the time of this report there were no details available as to her medical condition. The officers were reportedly on their way home after being released from work earlier that same day and were planning on taking some furlough leave.

Source: prisonofficer.org, Tabor CI reporting, July 6, 2009.

Howell & Christmas, LLC analysis and commentary. 2009 is proving to be a deadly year on the highways and interstates in South Carolina and especially on the coast. My experience with men and women in uniform across our state is that they more alert and safety conscious than anyone on the road. Summer months on the coast and in the low country are especially dangerous as tourists from other states take to our roads in great numbers and with no familiarity with local areas and hazards. Deadly South Carolina accidents like this one just go to show that we must all focus on the road and the other cars and trucks around us as we drive to our destinations no matter how short or far the distance.

South Carolina accident and injury lawyers like Howell & Christmas, LLC, wonder if their clients are protected in the low country. According to a recent article in the Beaufort Gazette in South Carolina, new information prepared by the Bluffton Township Fire District reveals that on a daily basis, Beaufort ambulances must scramble to other low country towns, such as Bluffton and Sun City, to help their emergency medical services (hereinafter "EMS") respond to emergency medical calls. Out thoughts at Howell & Christmas, LLC, are that we should all be concerned because if any of us in the living in the southern coastal areas of our state gets into a serious car accident the lack of adequate EMS workers could literally be the difference between life and death.

The report notes that due to recent growth in southern areas of Beaufort County, that during a sixteen month time frame, ambulances to be used in the northern part of the county were made to drive to the southern areas over 400 times to assist in emergency calls. The article further notes that the fire district opines that based upon this information, it is clear that the ambulance numbers and workers are not enough to cover the areas to which they are assigned. According to the article, local fire officials have been reporting that EMS is "stretched too thin" for years.

So why do Bluffton fire authorities care? According to the article, the fire district has to respond to not only fires but also to other emergency calls including medical cases and other serious injuries. An example was given of a serious traffic accident that caused significant injuries on highway U.S. 278 and required a fire truck all the way from the Bluffton fire district to support the EMS workers. Fire officials report that there is a need for at least one more ambulance for the southern part of Beaufort County. Again, my take on this is that we should all be concerned about this lack of emergency response services on our coast because the delayed response time, caused by not being adequately staffed, could lead to any one of us not receiving medical treatment in time.

Importantly, the article notes that the S.C. Department of Health and Environmental Control trauma patients and those with serious injuries have to get to a hospital as fast as possible. DEHC calls the first hour following injury as "the golden hour". An injured person has a much better chance of surviving and/or recovering from their injuries if they get good medical care and treatment within the first hour after the accident.

Continue reading "Low Country Lawyers Wonder If The Injured Are Protected On The Coast of South Carolina" »

A rear end car accident in South Carolina took the lives of two children last week. The victims vehicle was slowing to a stop or had already stopped when it was struck violently from behind by a motorcycle and also by a truck. Two children were riding in the car that was hit from behind. Even though both children, 5-year-old Parker Hewitt and 3-year-old Haley Hewitt, were wearing seat belts and were both in car seats, the collision took their lives. Another car that was driving on the other side of the road was struck by the truck, which then overturned.

South Carolina officials report that the mother of the victims' car was also wearing a seat belt. Authorities report that she was in stable condition but was taken by airlift to the Medical College of Georgia . The motorcycle driver was also taken by helicopter to the same hospital. One of the drivers of another vehicle in the crash was taken by emergency medical services to Lexington Medical Center, where he was treated for his injuries and later released.

A tow shop owner for over 20 years, Clay Boland, was interviewed and noted that this accident marked that 28 fatality he has been witness to while working in his job. He noted that every death stays with him but that when children are involved "it just tears you up...". He further noted that in the time he has worked in the tow business that he has seen a number of children killed in car accidents.

Continue reading "Deadly Car Crash In Lexington South Carolina Kills Two Children" »

The Supreme Court of South Carolina has held that a trucker, who was a commercial motor vehicle carrier was required to have at a minimum $750,000 in liability insurance limits. The Court overturned the ruling by a Richland County circuit court judge and found that the driver's insurance policy had to be reformed to meet the limits of $750,000.

The South Carolina trucker's accident occurred when he was carrying cut trees in 2004 and crashed on Interstate-26 killing another motorist. State law requires that trucks that weight 10,000 pounds or more and carry nonhazardous materials must have at a minimum $750,000 in liability insurance coverage per occurrence.

The tractor trailer operator's insurance company alleged that the truck driver's vehicle was only a 10-wheel truck and was not a motor carrier but was a private vehicle transporting his own property without compensation. They argued that given the above, their driver was subject to only having to carry a lesser amount of insurance coverage. But the Supreme Court disagreed and held that the insurer was wrong in not classifying Greene as a motor carrier.

There is also a South Carolina law on the books that requires any corporation or person that operates a motor vehicle or truck for the transportation of persons or property for compensation in our state to comply with all applicable state laws and regulations.

Continue reading "Supreme Court of South Carolina Makes Ruling On Motor Carrier Limits" »

A Charleston driver and his passenger were killed Sunday when a driver, who ran from police, crashed his vehicle into another car in downtown Charleston causing a two death accident. The deadly accident happened after a City of Charleston police officer made a routine traffic stop for speeding in the downtown area according to a Police Department Public Information Official. Over twenty Charleston police officers, medical workers, rescue workers and firefighters, offered assistance at the scene.

While the vehicle was stopped, the driver chose to drive his car away and run from police. The run away driver only made it a short distance before crashing into the victims' Cadillac near a downtown park area. Both the driver and the passenger in the Cadillac car that was hit in the collision died on the scene according to the South Carolina Highway Patrol. The Charleston hit and run is being investigated by the Highway Patrol's Multidisciplinary Accident Investigation Team.

There were three occupants of the car that that caused the wreck. After the serious impact, they jumped out of their vehicle and ran from the scene. At least one of the suspects was picked up by a sports utility vehicle that stopped at the accident scene according to authorities.

The three suspects that fled from the police were all black males. Descriptions of two of the men, one of which was the driver, was given by Charleston police. The driver was wearing a dark green shirt and shorts. One of the passengers was wearing a tank top and blue jeans. There was no description of the third passenger.

Driver fleeing police kills 2, Postandcourier.com, June 29, 2009

Auto Collision law firms and attorneys know what to do if you have been in a car, van, truck or sports utility vehicle (SUV) or bus accident. Do you? When you are injured in a car accident and not at fault, you are likely entitled to money damages for your injuries and losses including lost wages, pain and suffering, loss of enjoyment of life and reimbursement for serious property damage to your vehicle. Before you think about recovering these losses in court, follow this check list below.

First: Before you call an attorney or your insurance company, be prepared to do the things on this list. Second, call the Charleston, Berkeley, Dorchester (or your local area Police) or the South Carolina Highway Patrol no matter how minor or serious the accident. An official report repared by the police officer citing if there are injuries and who is at fault will assist you later when you file your insurance claim against the at fault driver or your insurance. Third, at the accident scene, turn off your car, truck, van, bus or sports utility vehicle for your safety and the safety of others. Fourth, call an ambulance if someone has been hurt or injured and take all possible precautions to prevent further accidents and ensure the safety of those involved. Fourth, get the names of all witnesses to the wreck. Be sure to get addresses, phone numbers and a brief statement from each witness. Fifth, take notes on how the collision occurred and draw a diagram accident scene. Six, remain at the scene to complete the tasks above unless you are hurt. Nine, file reports. The police will provide each driver in the accident with a Form (FR-10) where each driver is required to prove they have insurance. You must file the FR-10 and report the accident within 15 days to the South Carolina Department of Transportation (The attorneys at the law firm of Howell & Christmas, LLC provide this service as a courtesy to our clients). Ten, contact your lawyer. There are many pitfalls that can arise when you have been in a motor vehicle accident. Seek legal advice immediately to learn and protect your rights. Eleven, notify your insurance company. Your law firm or attorney can do this for you. Failure to report the accident in a timely fashion can affect your legal rights. Failure to act fast can affect your making the proper recovery of all damages in your case.

Continue reading "Been In a Car, Van, Truck, Sports Utility Vehicle (SUV) or Bus Accident or Collision? Here Is What You Do:" »

As our Charleston accident lawyers at Howell & Christmas, LLC know, the injuries and damages from a serious car crash can be deadly. Just a few hours ago in South Carolina, a car crash caused a fatal injury and death to a 10 year old and also injured a driver who was taken to an area hospital, when a 1996 Ford Explorer crashed causing serious injuries and at least one fatality. The force of impact from the sport utility truck colliding with another car was so strong that it caused the death of a 10 year old and caused the driver of a 1996 Ford Explorer to be trapped in her car as a result of the accident.

The South Carolina Highway Patrol is investigating the fatal accident and injuries caused by the crash and are trying to determine the cause of the deadly crash. The sport utility vehichle involved in the wreck was carrying the injured driver and two other passengers. There is no information currently as to whether the two passengers also sustained injuries in the collision or it they were taken to the hospital.

The South Carolina Highway Partol is not releasing many details or information about the fatal crash. The accident took place in Kershaw County at approximately 5 pm on Wednesday Highway Department officals said.

Few details released in accident that killed 10-year-old, WIS Television website, June 25, 2009.

Howell & Christmas, LLC attorney analysis and comments: We have very strong wrongful death and survival action statutes in South Carolina that can be used to help protect the surviving members of someone killed by the negligence or willful conduct of another. It is very important to note that if you or a loved one believe that a family member is the victim of a negligent or intentional death, there is a statute of limitations that begins to run from the date of the accident. If you and/or the estate of your family member do not file an action against the wrongdoer within the time period allowed by the statute of limitations, you are forever barred from bringing a claim against those you feel are responsible for your family member's death or injuries.