December 18, 2012

Late Night Drunk Driving Accident Involving Two Dallas Cowboys

75579_drunk_driving.jpgAs BIG football fans, your South Carolina accident lawyers at Howell and Christmas, LLC have posted numerous articles concerning America's most watched sport. Until now, however, posts have dealt primarily with player safety on the field; head injuries in the NFL and dangerously hot summer high school practices. Unfortunately today's post discusses a well-publicized tragedy surrounding the Dallas Cowboys and a fatal auto accident involving two of its defensive players.

Early last Saturday morning the two players were traveling on a State Highway 114 service road in Texas. According to Irving, Texas police, the 2007 Mercedes struck the outside curb, flipped at least once, and skidded an estimated 900 feet before coming to a stop in the middle of the road. The auto accident resulted in the wrongful death of one of the players, a 25-year-old linebacker on the Cowboys practice squad.

The driver of the vehicle, a nose tackle on the team, submitted to a field-sobriety test and was ultimately arrested at the scene of the accident, and later charged with intoxicated manslaughter, a second-degree felony charge that, if found guilty, carries a possible prison sentence of two to 20 years. Police have stated the the vehicle was traveling at a high rate of speed on the road, which has 45-mph posted speed limit.

Continue reading "Late Night Drunk Driving Accident Involving Two Dallas Cowboys" »

December 14, 2012

Icy, Wintry Road Conditions Pose Serious Danger to South Carolina Motorists

1130317_winter_road.jpgWith the weather getting colder in (some parts of) South Carolina, your Charleston personal injury attorneys are reminded of an auto and trucking accident case from the 1930s. The case presents the concept of a "duty to warn," and also serves as a great reminder for truckers and drivers to take extra precaution when traveling in wintry conditions.

Now into the meat of the case: A pair of Trucking Co. trucks stalled on an icy highway in South Carolina, completely blocking the road. Because of the position of the stalled trucks at the base of a hill, a car coming over the hill would not the trucks until they had come over the crest of the hill and started making its way down. Essentially, without effective warning, a car coming down the hill would be unable to avoid a collision with the stalled trucks.

In fact, there was a collision with a vehicle coming down the hill. The car's driver sued the trucking company for personal injuries suffered due to negligence on the part of trucks' drivers to post effective warning.

Continue reading "Icy, Wintry Road Conditions Pose Serious Danger to South Carolina Motorists" »

July 16, 2012

Greenville Man Sentenced in Connection with Fatal, Single-Vehicle Drunk Driving Accident

896485_cans___.jpgToday your Charleston negligence attorney took note of an article coming from the South Carolina Upstate in which a Greenville man was sentenced after pleading guilty to felony driving under the influence in connection to a fatal car accident. The accident occurred back in January 2011 when the 34-year-old man drove his wife's SUV off the side of a road in Cleveland, SC--located about 20 miles from Greenville, SC. The Travelers Rest Tribune reported that after driving off the road the man proceeded down a steep embankment and struck several trees, causing serious injury to passenger. Once the vehicle came to a stop, the man fled the scene leaving the vehicle's passenger still buckled in his seat. A passing motorist noticed the wrecked vehicle and had the good sense to dial 911, but, unfortunately, the passenger in the SUV was found deceased upon the arrival of EMS.

The man's departure from the scene of the accident reportedly led emergency personnel to believe the driver of the vehicle had been ejected from the SUV. Subsequent investigation by troopers of the South Carolina Highway Patrol, however, found that the crashed vehicle was registered to the driver's wife. An open container of beer and milk jug smelling strongly of some undisclosed type of alcohol were found inside the wrecked SUV. According to reports, an unidentified man came to the scene of the drunk driving accident and informed authorities that the driver-in-question had approached him earlier at his home, and solicited a ride to his own.

Authorities were able to apprehend the drunk driver after his wife brought him back to the scene of the accident. Authorities took note of the smell of alcohol about his person, and scrapes on his face, according to The Travelers Rest Tribune, prior to the man admitting he was the driver of the crashed SUV. The man was transported by EMS to a local emergency room, where a blood sample revealed marijuana metabolites and a blood alcohol content (BAC) of 0.111--well in excess of the legal limit of 0.08.

Continue reading "Greenville Man Sentenced in Connection with Fatal, Single-Vehicle Drunk Driving Accident" »

April 26, 2012

Charleston Personal Injury Attorney Talks 'Distracted Driving'

289148_light_effects.jpgWhile it may be mentioned often on the Howell and Christmas, LLC law blogs, distracted driving has yet to be a headliner, or the main topic of a Charleston car accident lawyer entry. Distracted driving constitutes any and all activities that direct a driver's attention away from the road, surrounding vehicles, and/or surrounding conditions that require focus for a driver to be safely operating his/her motor vehicle. Most often, when one thinks of a distracted driver, the image comes to mind of an individual with a hand on the wheel, phone in the other, while eyes dart back and forth between road and screen, seemingly far more concerned with the screen. But distracted driving goes well beyond the texting, checking an email, and making a phone call. Not to downplay the risk these cell phone related activities pose to someone behind the wheel, but even routine things like changing a CD can put lives in danger. Maybe yours. Maybe someone else's. Maybe both. It only takes one-second for everything to change when driving a car.

It is a common misconception that is distracted driving is only associated with inexperienced, text-obsessed teenage drivers. Distracted driving is not just a teen problem; it is an everyone problem according to Joel Feldman, founder of the nonprofit endDD.org. According to endDD.org, only 18 percent of distracted driving fatalities can be attributed to cellphone use, just about everything else accounts for the other 82 percent: eating and drinking; talking with other passengers; grooming; reading; using your vehicle's navigation system; and, as mentioned before, adjusting your music. Sure, many states have laws prohibiting drivers from using cell phones while operating a car, but it would be outrageous to expect legislators to wrestle with the language for an "anti-CD changing statute," besides reckless driving charges can include some of those above mentioned distractors. Thus, it is extremely important for all drivers to take it upon themselves to eliminate their own distracted driving practices. Doing so could make the difference between being responsible for a serious car accident, and avoiding certain collision.

Continue reading "Charleston Personal Injury Attorney Talks 'Distracted Driving'" »

April 11, 2012

Two Serious Motorcycle Accidents in South Carolina Within the Last Week

124151_motorcycle_racing.jpgIn yesterday's Post and Courier, your Charleston personal injury attorneys came across a report detailing a tractor-trailer accident in North Charleston that killed a motorcyclist, and resulted in the arrest of the truck driver for reckless homicide. Police say the 47-year-old truck driver pulled out in front of the motorcyclist on Remount Road west of Virginia Avenue. The fatal accident was reported at about 7:30 a.m. Monday morning.

After the collision the 44-year-old motorcyclist was taken to Medical University Hospital in critical condition, but according to the Charleston County Deputy Coroner, the 44-year-old died at the hospital from the serious injuries sustained in the accident. According to reports, the motorcyclist was wearing a helmet at the time of the collision.

Under the South Carolina Code of Laws, if a driver "does any act forbidden by law in the driving of a motor vehicle, which proximately causes the death of another person," then that driver is "guilty of the misdemeanor offense of vehicular homicide." The truck driver in the accident appeared in bond court yesterday and his bond was set at $50,000 by a Charleston County magistrate. If convicted the truck driver faces a fine of up to $5,000, a 10-year prison sentence, and a five-year suspension of his driver's license.

Continue reading "Two Serious Motorcycle Accidents in South Carolina Within the Last Week" »

April 4, 2012

Around Charleston and Across the Palmetto State

1115165_moss_creek_sunrise.jpgThanks to the Post and Courier, the South's Oldest Daily Newspaper, your Charleston personal injury lawyers have been made aware that April is National Sexual Assault Awareness Month. And in an effort to educate, prevent, and treat victims of sexual assault, officials with the South Carolina Coalition Against Domestic Violence and Sexual Assault held a press conference yesterday morning to talk about the offerings at sexual assault centers across the Palmetto State. The press conference was held at the South Carolina Statehouse in Columbia.

In other South Carolina news, an 84-year-old Charleston man has been charged with felony driving under the influence (DUI) after his Saturn Vue struck a stopped motorcycle in West Ashley. The 29-year-old motorcyclist suffered serious bodily harm in the accident, thus warranting the felony DUI charge against the elderly driver of the SUV. According to reports, the auto accident occurred around 11:00 p.m. at the intersection of the Glenn McConnell Parkway and Magwood Drive. Reportedly, the elderly driver had a green arrow to travel northbound on the Parkway from Magwood, but turned southbound into oncoming traffic, hitting the parked 29-year-old on his Honda motorcycle. He was transported to Medical University Hospital with several pelvic fractures and in serious condition. The elderly man, according to the incident report, was uninjured in the drunk driving accident with a blood-alcohol level of 0.13. He is currently jailed at the Charleston County Detention Center.

Yesterday evening, while directing evening traffic on Folly Road near Grimball Road, one of Charleston's Finest was struck by a sport utility vehicle (SUV). Miraculously, the deputy sheriff was taken to Medical University Hospital with non-life-threatening injuries. Your Charleston personal injury attorney uses "miraculously" because one witness to the accident noted the high speed of the SUV and that the impact sounded like two vehicles had collided. According to reports, the accident is still under investigation and possible charges against the driver had not been disclosed.

Continue reading "Around Charleston and Across the Palmetto State" »

March 22, 2012

Parents File Suit Against Bar Claiming Liability for Son's Death

1174747_by_a_beer.jpgAccording to a recent report in The Atlanta Journal-Constitution, the family of a young man killed by a waitress driving under the influence has filed a lawsuit against the Midtown Atlanta bar that employed her. Although the accident happened nearly two years ago, this suit bears an undeniable similarity to a lawsuit discussed last week by your Charleston personal injury lawyers. In that case, which is briefly updated toward the conclusion of this post, the decedent’s (or victim’s) father filed a wrongful death claim against the corporate owners of the restaurant that employed the drunk driver deemed responsible for the fatal car accident.

The lawsuit filed this week in Fulton State Court holds the Midtown Atlanta bar responsible for serving the waitress, among other employees, several free "shift shots" before allowing her to drive off the bar's property around 4:00 a.m. on June 19, 2010. Moments after leaving work, the waitress, who was 26 years-old at the time, ran a red light at West Peachtree and 17th Streets and slammed into a Ford Mustang being driven by a 24-year-old intern for the then Governor of Georgia. The young man, a University of Georgia graduate from Augusta, was assigned to be a designated driver for other interns celebrating the end of a six-month government fellowship the night of the drunk driving accident.

According to prosecutors in the waitress's criminal trial, her blood alcohol level was 0.229, just shy of three times the legal limit (0.08). In October 2011 the waitress pleaded guilty to driving under the influence (DUI) and wrongful death and was ordered to serve five years of 10-year prison sentence behind bars, serving the remainder on probation.

Continue reading "Parents File Suit Against Bar Claiming Liability for Son's Death" »

March 12, 2012

Estate of DUI Accident Victim Sues Owner of Nationally Recognized Charleston Restaurant

1221950_to_sign_a_contract_1.jpgLast week your Charleston personal injury lawyers read several articles concerning a wrongful death lawsuit stemming from a highly publicized fatal auto accident involving an employee of one of, until recent poor reviews, the most celebrated and honored fine eateries in America. The lawsuit is briefly covered below, along with a short description of a fatal work accident in Summerville.

The Neighborhood Dining Group, Inc., the restaurant development and management company that manages and oversees the day-to-day operations of Husk Restaurant, has been served a wrongful death lawsuit on behalf of the estate of a man killed in a December 17, 2011 auto accident involving an Assistant Manager from the restaurant. The lawsuit, filed in the Court of Common Pleas for the Ninth Judicial Circuit of South Carolina, alleges that The Neighborhood Dining Group, Inc., doing business as Husk, was negligent in allowing said Assistant Manager to consume free alcohol in excess on Husk premises after the restaurant was closed, and then drive under the influence. The suit seeks in an amount to be determined by the trier of fact or, more commonly, to be determined by a jury.

The fatal car accident occurred in the wee hours of the morning on December 17, 2011, around 4:00 a.m. as the Assistant Manager was attempting to go to Mt. Pleasant. While traveling north on the Arthur Ravenel Bridge the Assistant Manager Audi slammed into the rear of a Mustang driven by a 32-year-old man, also of Mt. Pleasant. The crash caused both vehicles to careen out of control, sending the Mustang into a concrete barrier. The Mustang then burst into flames with the driver trapped inside with, according to the lawsuit, "multiple body traumas," which led to his "excruciating" and unfortunate death.

Continue reading "Estate of DUI Accident Victim Sues Owner of Nationally Recognized Charleston Restaurant" »

February 13, 2012

Recent South Carolina Trucking Accidents Provide Basis for Discussion of Industry as a Whole

236701_in_traffic.jpgYour Charleston, South Carolina attorneys at Howell and Christmas, LLC are all too familiar with the dangers 18-wheelers, semis, tractor-trailers, or whatever you like to call them present to drivers in smaller, everyday vehicles. The trucking industry is extremely valuable to our local economy; trucks are constantly moving goods from Charleston area ports to the interior of the Palmetto State and beyond. But as this industry continues to thrive and grow, accidents involving these behemoths of the road and everyday driver have become more and more common. In recent weeks there have been two serious car accidents involving semis and have caused a death, as well as send numerous people to the hospital.

First, a Walterboro driving his pickup along South Carolina Highway 311 near Cross, South Carolina collided with an 18-wheeler. The trucking accident happened some time ago (January 25, 2012), but the man remained alive at Medical University Hospital for nearly a week before passing on due to the serious injuries suffered as result from his crash with the 18-wheeler. The Post and Courier's brief report of the wreck noted that the South Carolina Highway Patrol's investigation into the incident is ongoing. Thus, there is no information as to which party, the 56-year-old Walterboro man or the unspecified truck driver, was at fault in the fatal accident.

While the first incident involved a man from Walterboro, this second tractor-trailer accident occurred near Walterboro, South Carolina. According to a Post and Courier report, an 18-wheeler caught fire struck two cars after they had collided on a bridge near mile marker 55 on Interstate 95. The collision caused the two vehicles to enter the path of the semi. After striking both vehicles the semi veered off the Interstate and into the median. Upon leaving the road the truck hit several trees, causing the refrigerated trailer containing fresh vegetable to rip open and spill onto the roadway. Additionally, the turn overturned and the cab caught fire.

Continue reading "Recent South Carolina Trucking Accidents Provide Basis for Discussion of Industry as a Whole" »

February 1, 2012

Drunk Driver Sentenced in Charleston County and a Brief Overview of an 'Alford Plea'

952313_gavel.jpgYour lawyers in Charleston read that this past Monday a 23-year-old man was sentenced to ten years in prison after pleading guilty to one count of driving under the influence (DUI) and one count of reckless homicide. The man's sentence is suspended to three years of active time behind and will be given credit for nearly two years of house arrest. Once released, during his period of probation, the young man will not be allowed to touch alcohol. However devastating and life-altering this sentence will be, the real tragedy reveals itself in the events that brought the young man to court in the Charleston County Judicial Center.

According to the Charleston police incident report, the young man and his 21-year-old wife were speeding towards John's Island after a night out at Downtown Charleston bar in May 2010. En route the man lost control of the vehicle at the Stono River bridge. Reportedly, the late night accident occurred as the result of the man trying to pass a friend he was racing in another vehicle. Charleston police found the car overturned on the bridge and subsequent investigations determined that the vehicle was traveling 70 mph in a 45 mph zone. The drunk driving accident took the life of the 21-year-old woman. She was pronounced dead at the scene. Her 23-year-old husband was left with a head injury in the form of a fractured skull. The driver said he had no recollection of the accident when he woke up in the hospital the next morning.

Because the man (defendant) could not remember anything about the accident he entered what is called an "Alford Plea," which was allowed by the Circuit Judge because the defendant's inability to remember the accident the Alford definition.

Continue reading "Drunk Driver Sentenced in Charleston County and a Brief Overview of an 'Alford Plea'" »

January 23, 2012

Tragedy Strikes University of South Carolina and Hit and Run Suspect in Police Custody in Lexington County

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

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

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

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

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

January 10, 2012

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

144846_schoolbus.jpgYour lawyers in Charleston at Howell and Christmas, LLC have previously posted entries concerning school bus accidents, car accidents, and tractor-trailer accidents. However, none the past entries have involved all three of the said vehicles in a single incident, until today.

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

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

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

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

January 3, 2012

Vagabonds Hop Charleston Train Leading to Fatal Incident

1353560_a_turning_point.jpgDuring the summer months your Charleston accident lawyers at Howell and Christmas, LLC came across a number of train-related accidents occurring at railroad crossings. Links to the entries covering these incidents can be found directly below this post. But, over the last month there have been two fatal accidents involving trains. The happened in mid-November when a 27-year-old woman from Alabama either jumped off or fell from a CSX transportation train. According to a Post and Courier report, the train was about two miles south of U.S. Highway 17 and S.C. Highway 162 in Charleston County when the serious accident occurred. According to the Charleston County Coroner's Office, the woman died of blunt force trauma and it is thought that the fatal injury was not caused by direct impact with the train, but rather from the fall or jump from the moving locomotive.

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

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

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

October 31, 2011

Halloween Extravaganza Ends in Drunk Driving Accident and Tree Lined Medians Claim Another Life

1006882_pumpkin_halloween.jpgOver on the Howell and Christmas, LLC Child Injury Lawyer Blog your attorneys in Charleston posted an entry that gave some quick tips for parents to help prevent child injuries while there out Trick-or-Treating this Halloween. However, this past week in Charleston there has already been a serious accident surrounding the spooky holiday involving two adult men.

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

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

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

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

October 18, 2011

Despite Yearly Numbers on the Decline, Drunk Driving Accidents Still Rampant

1111460_pirate_car.jpgWhile redundant, the warnings of drinking and driving, no matter the source, don't seem to be taken as seriously as they should by Americans. Everyday your South Carolina injury lawyers at Howell and Christmas, LLC come across a seemingly endless stream of tragic articles outlining drunk driving accidents that kill, injure, and/or ruin lives. Yet, despite the dangers being well known, individuals from every background continue to make the poor choice to operate a motor vehicle after consuming alcohol.

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

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

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

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

October 5, 2011

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

540394_car_accident.jpgLast week your Charleston accident lawyer posted an article concerning the South Carolina Department of Transportation's efforts to make a portion of Interstate-95 in Colleton County safer by trimming the trees in the interstate's median. Unfortunately, as your Charleston negligence attorney found out this morning while reading today's Post and Courier, these safety measures couldn't prevent a fatal tractor trailer accident from occurring along I-95. According to reports, an 18-wheeler traveling south on the interstate went off the road into the median strip around 9:00 a.m. yesterday morning. After running into the median the truck overturned, pinning the 51-year-old driver underneath the massive vehicle. According to the Colleton Country Coroner's office, the truck driver was pronounced dead at the scene, and the Coroner's Office and the South Carolina Highway Patrol are continuing their investigations into the single-vehicle accident.

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

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

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

September 27, 2011

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

824405_on_the_move.jpgLast week, your Charleston lawyers at Howell and Christmas, LLC came across a report of a young man from Moncks Corner who pleaded guilty to charges stemming from a fatal drunk driving accident that happened in rural Berkeley County three years ago. The young man, now 21-years-old, was charged with felony driving under the influence (DUI) after an October 2008 car accident killed a 17-year-old Berkeley High School football player. But, the now 21-year-old pleaded guilty to reckless homicide, a lesser charge, and sentenced to 10 years in prison. However the sentence is suspended to three years in prison followed by five years of probation, which means if the young Moncks Corner man keeps on the straight and narrow for three years, he will be released. But, if any behavioral issues arise, he could spend a larger part of his 10 year sentence in prison.

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

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

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

September 13, 2011

A Look Back Since the Last Entry Reveals a Trend of Driver's Running Off the Road

332864_car_accident_5.jpgIt has been some time since your Charleston work accident lawyers have posted an entry to the South Carolina Injury Lawyer Blog, so the lawyers at Howell and Christmas, LLC would like to use this post as a brief re-cap of accidents and injuries that have happened across the Palmetto State since our last entry. Surprisingly, yet nonetheless tragic, they all concern driver's running off the roadway they were traveling.

At the beginning of this month the driver of an AT&T work van that struck and killed a cyclist on the James Island connector paid a $113 fine for his involvement in the fatal July accident. The driver's payment of the fine allowed him to miss his court date in Charleston Municipal Court. The fine is form of settlement; commonly known as "forfeiting a bond," which also means the driver is not formally admitting guilt for his involvement in the fatal bicycle accident.

The driver was charged by police with improper lane usage, as it was the closest charge applicable under the South Carolina Code of Laws regarding car-versus-bike accidents. Allegedly, the driver of the AT&T van drifted into the breakdown lane on the connector, striking said cyclist from behind, ultimately resulting in the cyclist's untimely and wrongful death. While police have said there was evidence indicating that the van's driver was distracted because of his use of a mobile device, it is not illegal to use a cell phone or text while driving in South Carolina. The driver contends he was not distracted by a phone or other electronic device.

A week ago today, a Summerville man was killed and another person injured after the pickup truck they were in ran off Interstate 26, struck a tree, and overturned. Charleston's Post and Courier reported that the 23-year-old driver of the 2007 Chevy Colorado was pronounced dead at Medical University Hospital after being airlifted from the scene of the serious auto accident. Authorities were unsure if either of the occupants were wearing their seat belts at the time of late-night accident. In a plethora of the posts entered to the South Carolina Injury Lawyer Blog, your Charleston car accident lawyers have urged readers to remember that wearing a seat belt is the easiest way to prevent serious injury in the event of an accident. Although that information is unknown in this case, it is safety measure all should keep in mind.

Continue reading "A Look Back Since the Last Entry Reveals a Trend of Driver's Running Off the Road" »

August 26, 2011

Motorcyclist Killed Near Columbia After Collision with Trailer

310227_biker_1.jpgThe 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.

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August 18, 2011

Three Month Investigation Returns Charges Against Operator Involved in a Fatal Motorcycle Accident

106923_motorise_up.jpgBack 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.

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August 15, 2011

Big Trucks Collide and Cause Big Delay for Charleston Area Commuters

360222_trucks.jpgLast 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.

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August 11, 2011

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

1358593_country_sunset-1.jpgAt 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.

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August 5, 2011

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

533737_graves_3.jpgYesterday, 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.

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August 4, 2011

South Carolina Roads, Some of the Deadliest in the Nation

570770_metal.jpgBeing 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.

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August 2, 2011

Second Summer Collision at Railroad Crossing in Goose Creek

933369_railroad_crossing_sign.jpgAs 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.

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August 1, 2011

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

78227_em_slick_1.jpgAs 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.

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July 28, 2011

Music Festival Ends in Tragedy for Mt. Pleasant Women

553723_sasquatch_panorama_2.jpgFor many college students, young adults, and those simply young at heart who love live music, the Summer months are something that have always been made special by the plethora of music festivals that happen all over the country. They provide a way to escape the monotonous day-to-day grind of regular life and go to a place without worry, enjoy the company of other music lovers, see favorite bands, and generally celebrate creativity and music. While these music festivals provide life long memories and entertainment, there have been instances where they have taken unexpected turns and ended in tragedy.

Just this past week, three longtime friends from Mt. Pleasant were caught at the bend in an unexpected turn at their first summer music festival. The group of girls, barely in their 20s, were planning to leave the All Good Music Festival in Masontown, West Virginia Sunday after they packed up their camp, but early that morning a man driving a pickup truck allegedly lost control and charged into their tent.

One of the girls suffered serious injuries and was killed in the accident. One was able to maneuver her hand from under one the truck’s wheels, and escape the scene uninjured. And the third young woman in the tent suffered a broken pelvis and required twelve staples to close a serious head injury. It was reported that the two survivors were waiting in the tent for more than a half-hour for rescue workers to lift the truck off their camp.

Sheriff’s officials in Preston County, West Virginia were able to identify the pickup truck’s operator, but are still investigating the incident and have yet to file any charges.

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June 29, 2011

Your Charleston Personal Injury Lawyers Update Older Posts

849478_very_old_books.jpgA couple weeks ago your South Carolina workers' compensation lawyers published a blog post concerning a growing threat to consumers that has severely injured a number of people across the Nation, as well as right here in the Charleston area. That threat is popular decorative ceramic firepots filled with dangerous pourable gel fuel. In last Thursday's Post and Courier, there was a report saying that these gel fuels have been recalled by the Consumer Product Safety Commission (CPSC).

The reason behind the recall is that these flammable gels can ignite unexpectedly and splatter onto consumers and other objects nearby when it is poured into an already lit firepot, or as mentioned in the earlier post, when lighting the fuel.

The dangerous defective product is manufactured by Napa Home and Garden Inc. of Georgia. So far, the company has received 37 reports regarding the fuel, 23 of these reports outlined serious burn injuries to consumers. Lawsuits have already begun to be filed by burned consumers, including one from a West Ashley women who suffered serious burns from a Napa Home product. Also included in these suits are the stores where the firepots were sold.

According to the CPSC, the product being recalled is the pourable NAPAfire and FIREGEL Gel Fuel bottles and jugs. The product itself is a clear gel, packaged in a clear containers sized at 1-quart plastic bottles and 1-gallon plastic jugs. It comes in either non-scented or citronella scents and was sold at retailers between December 2009 and June 2011. The gels have been sold at many popular retailers like Bed Bath & Beyond, Shopko, and Restoration Hardware, and other specialty and gift shops, furniture stores and home and garden stores nationwide, as well as through internet megastore Amazon.com, home and garden catalogs, and by home decorators and landscape architects.

If you have purchased one of these products, you should immediately stop use of the product and return the bottles, or jugs, to the retailer where you purchased the product for a full refund.

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June 29, 2011

Laundry List of Summertime Accidents Catch the Eyes of Charleston Lawyers

921217_crashed_car.jpgOver the past week your brain trauma attorneys in Charleston have noticed a lot of vehicle crashes, wrecks, and collisions in the Lowcountry. Since last Thursday there have been four serious motor vehicle accidents, and sadly, all four have been fatal.

In chronological order, the first occurred last Tuesday night (June 21) around 10 p.m. when a man struck a light pole head on in Dorchester County. According to authorities, the man was driving southbound on South Carolina Highway 61 when he hit the traffic light pole at the intersection of United States Highway 17A. The man, who was 32-years-old died as a result of the impact with pole, according to the Dorchester County Coroner's Office. It was also noted in the Post and Courier's coverage of the fatal crash that the man was not wearing his seat belt when his car collided with the pole. It is unfortunate, in the eyes of your South Carolina lawyers at Howell and Christmas, LLC that so many of the accidents and crashes discussed in this blog involve a victim, or victims, not taking the simple safety measure buckling their seat belt.

Later that same night, around 1:00 a.m. Wednesday (June 22), a man was killed after running his motorcycle into a retaining wall as he approached the Ravel Bridge from Downtown Charleston. According to authorities, the 22-year-old Mt. Pleasant man was unable to negotiate a curve in U.S. Highway 17 near Huger St., causing him to the hit the wall, which then ejected him from his motorcycle; he landed over the wall below the overpass. The man was taken to Medical University Hospital, but died later Wednesday Morning. Again, much like the previous incident, the victim in this motorcycle accident neglected a simple safety measure, the motorcycle helmet. While South Carolina Law does not require it, wearing a helmet while on your hog is an effective means to prevent serious injury and death.

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June 14, 2011

Weekend Tractor Trailer Wreck and General Considerations if You're Ever Involved in an Accident

149489_peterbilt_i.jpgYour South Carolina truck accident attorneys came across an article in Monday's Post and Courier concerning a single tractor-trailer wreck that ultimately took the driver's life. The fatal accident occurred late Saturday afternoon around 6:00 p.m. in Jasper County. According to reports, the 1995 Freightliner went up into flames after the truck crossed the life side of the Interstate-95 median, colliding with several trees.

As of today, investigators are still looking into the incident to determine exactly what happened leading up to the truck's going off the interstate. Also, due to the intense blaze, the driver's body was burned beyond recognition and the Jasper County Coroner's Office is working to identify the driver. More than likely the coroner will cross-reference the driver's teeth with dental records to determine his or her ID.

The article did not mention, and it may yet to be determined, as to the exact cause of death in this accident. Investigators and officials from the coroner's office will probably be looking to see if colliding with the roadside trees caused some form of lethal head injury or body trauma, or if the subsequent fire caused fatal burn injuries, or it could be the case that a combination of collision and burn was the cause.

Continue reading "Weekend Tractor Trailer Wreck and General Considerations if You're Ever Involved in an Accident" »

June 8, 2011

Weekend Wrecks and Tragedies Prompt Discussion of Seat Belts

107206_buckle_up.jpgThis week, in Monday's and Tuesday's publications, the Post and Courier outlined two fatal automobile accidents that occurred over the hot, dry weekend in South Carolina. Your Charleston wrongful death attorneys note in the reports the absence of a seat belt in one of the incidents, while in the other, proper precautions were taken, and in accordance with South Carolina Law, seat belts were worn. But, sadly, even when safety and the law were observed, there was still a death in a two-vehicle car accident in Berkeley County.

This accident occurred Saturday morning, between 10 and 11 a.m. on U.S. Highway 52. According to the South Carolina Highway Patrol, a 46-year-old Summerville man was in operation of a 1993 Mazda Protege and collided with a late model Toyota pickup truck, driven by a 64-year-old man from Goose Creek. Riding as a passenger in the Mazda was 52-year-old woman from North Charleston. Unfortunately, despite wearing her seat belt, she was pronounced dead on the scene of the accident of serious head and body trauma. There was no mention as to the injuries, if any, incurred by the drivers of the two cars involved in the wreck.

It was noted in the Post and Courier's article that all three individuals involved in the Saturday morning car accident were wearing their seat belts. As of Monday, no charges have been filed and authorities continue to investigate the fatal car crash.

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June 1, 2011

Charleston County Deputy Determined Not at Fault in Nighttime Car-Bike Accident

904417___bike__.jpgIn yesterday's Post and Courier, which by the way is the South's oldest daily newspaper, your South Carolina car accident lawyers read an article concerning a bicycle accident involving a Charleston County Sheriff's Deputy. The accident occurred Sunday night around 11:30 p.m. at the intersection of Ashley River and Ashley Hall Roads in West Ashley. According to the South Carolina Highway Patrol, it was determined the Deputy was not at fault in the accident and was driving as he was supposed to be when the accident occurred.

Also according to the S.C. Highway patrol, the 27-year-old bicyclist was wearing dark clothing (dark pants and dark polo shirt) when the Deputy’s 2009 Ford Crown Victoria cruiser struck him.

When riding a bike at night, especially along busy roadways and highways, it is imperative to make yourself visible to drivers by not wearing dark clothing and taking safety precautions like having lights or reflectors on your bicycle and helmet.

After the auto accident the bicyclist was taken to Medical University Hospital. As of late Monday, his condition and extent of injuries was unknown, according to the Post and Courier's article.

Continue reading "Charleston County Deputy Determined Not at Fault in Nighttime Car-Bike Accident" »

May 25, 2011

Accident Results in Wrongful Death Lawsuit Against Emergency Roadside Assistance Provider and Independent Operators

1102882_traffic_warning_sign_4.jpgThose who are members of the AAA Club have to come to rely on the emergency roadside services provided by independent operators and paid for by the Club if they ever encounter any kind of roadside mishap. But as a member of the club, one would expect the independent service providers that respond to calls to be competent and professional, and more often than not not they probably are, considering the number of presumably satisfied Club members.

But, the Charleston car accident lawyers at Howell and Christmas, LLC recently read an unfortunate incident involving a Club member whose family has filed a wrongful death suit against AAA, the responding towing service, and a tow-truck driver. A 55-year-old woman was involved in a fatal accident in early March after a tow-truck driver reversed her malfunctioning car from a parking stall and fatally struck her in the parking lot of a Social Security Administration building.

The tow-truck driver, also 55-years-old, was arrested for suspicion of driving under the influence after responding police officers detected signs alcohol impairment. The criminal investigation is ongoing.

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May 23, 2011

Charleston Veterans Disability Attorneys Report on Wrestling Star's Death

306214_dog_pile.jpgThe world of professional wrestling lost one of its icons last week when Macho Man Randy Savage lost control of his Jeep Wrangler on Friday morning and crashed into a tree. Initially, it was reported that the Macho Man, whose real name is Ralph Poffo, may have had a heart attack while driving, causing him to lose control of his sport utility vehicle (SUV). But, current reports are saying the cause of the fatal car accident is due to "unknown reasons."

Known as one of the Great Superstars of his generation, the Macho Man made his mark in the wrestling ring and American pop culture with his flashy manner of dress, highly entertaining showmanship, and, of course, his trademark catchphrases, "Ohh Yeeaaahhh," and, "Can you dig it?" Both of which made him an ideal spokesperson for ConAgra Foods, and their Slim Jim jerky products.

The South Carolina car accident lawyers at Howell and Christmas, LLC read this morning, according to Florida Highway Patrol, that the Macho Man was traveling westbound on Florida State Route 694 near 113th Street North in Pinellas County when his vehicle traveled over the raised concrete median divider, crossed the eastbound lanes of SR-694, over the outside curb, and collided head-on with a tree. The Macho Man was taken to Largo Medical Center, where he died.

Continue reading "Charleston Veterans Disability Attorneys Report on Wrestling Star's Death" »

May 19, 2011

More School Bus Accidents Come Across the Wires

205687_field_trip.jpgA week ago yesterday our Charleston personal injury lawyers mentioned a scary drunk driving accident in which the inebriated driver collided with a school bus before flipping his truck off the road. Fortunately, in that incident, none of the children were injured as a result of the carelessness of the drunk individual.

But, it seems school bus accidents are not only happening in the Charleston area, while browsing internet news this morning the experienced legal team at Howell and Christmas, LLC came across two other instances of car accidents involving school buses. Sadly, a death and numerous injuries were suffered.

Earlier this week, on Monday, a Kentucky school bus overturned when returning 30 first and second graders and a handful of adults from a field trip, according to Kentucky State Police. Officials reported that the bus driver swerved to miss a deer and overcorrected the vehicle, causing the fatal auto accident.

One of the students onboard was pronounced dead on the scene, while twelve other students were rushed to the Western Baptist Hospital for treatment. Injuries included bumps, bruises, and fractures, none of the injuries appeared to be serious or life-threatening. One of the adult chaperones on the bus was also taken to Western Baptist, another chaperone and the bus driver were airlifted to separate hospitals, there were no details as to the extent of their injuries or current condition.

State Police are continuing to investigate this unfortunate instance of child injury and death.

Continue reading "More School Bus Accidents Come Across the Wires" »

May 18, 2011

Two Single-Vehicle Wrecks Claim Two Lives on Interstate 26

717645_highway_5.jpgIn yesterday's Post and Courier there were two reports of single-vehicle accidents, both of which claimed a life. Our Charleston motorcycle accident attorneys would like to report on the incident that happened around 7:15 p.m. Sunday evening, first.

A 33-year-old woman was riding as a passenger on a 2008 Honda Motorcycle heading westbound on I-26 when she fell off the back of the bike a mile before the Jedburg Exit, according the South Carolina Highway Patrol. After the fall she was airlifted to Medical University Hospital, where she, sadly, died Monday.

In regards to the fall, it can be assumed authorities ruled it an accident, as no charges will be filed against the motorcycle's operator, a man from Hollywood, South Carolina.

The second fatal accident on I-26 happened Monday afternoon around 2:30 p.m., and also occurred near the Jedburg Exit. A 20-year-old man, traveling eastbound on the interstate, struck a tree in the median and was pronounced dead at the scene, according to the Berkeley County Coroner's Office.

According to the S.C. Highway Patrol, alcohol, marijuana, and cocaine were all found in the car. Their investigation is ongoing.

Continue reading "Two Single-Vehicle Wrecks Claim Two Lives on Interstate 26" »

May 12, 2011

Train Strikes U.S. Border Patrol SUV, Kills Two Agents

2574487631_ffe3d4e6cf_m.jpgEarlier in the week the Charleston boating accident attorneys shared an entry regarding the high frequency of train accidents in Louisiana. Noting the dangers trains pose to motor vehicles and pedestrians attempting to cross railroad tracks. And just this afternoon there was a breaking case reported by CNN that outlines of an incident involving two U.S. Border Patrol agents who were killed today when their vehicle was struck by a train.

At the time of the fatal accident, the two Patrol agents were in an on-duty SUV and were the process of assisting in the apprehension of suspected unauthorized immigrants, just south of Gila Bend, Arizona, in an area patrolled by the Yuma Sector of the Border Patrol.

According the U.S. Customs and Border Protection's (CBP) website, The Yuma Sector patrols 126 miles of border with Mexico, between the Yuma-Pima County line in Arizona and the Imperial Sand Dunes in California. The sector has responsibility for Yuma, La Paz and Mojave Counties in Arizona, the Eastern-most areas of Imperial, Riverside, and San Bernardino Counties in California, and the entire State of Nevada.

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May 11, 2011

Drunk Driver Hits School Bus and SUV in Moncks Corner

2579http://www.southcarolinainjurylawyerblog.com/mt-static/images/formatting-icons/underline.gif26_school_bus.jpgIn a Post and Courier article read by the Charleston drunk driving accident attorneys this morning, it was reported that the South Carolina Highway Patrol determined that the driver who struck two vehicles in Moncks Corner on Monday was under the influence of alcohol at the time of the accidents.

The accidents occurred mid-afternoon on Monday, around 2:30 p.m., on Old Whitesville Road. The 24-year-old man who struck the two vehicles was driving a pickup truck when he tried to pass a line of vehicles on the two-lane road. When he turned to get into the line of vehicles he collided with a sport utility vehicle and, scarily, a school bus. Thank heavens none of the four Whitesville Elementary School students were injured in the accident. The young students were transferred to another school bus and taken to their homes. Fortunately, the driver of the sport utility vehicle also did not sustain any serious injuries.

The drunk driver of the pickup was flown to Medical University Hospital after the collision forced his truck off the road and flip. The driver has been charged with driving under the influence and will be taken to Hill-Finklea Detention Center once released from the hospital, according to Highway Patrol.

Continue reading "Drunk Driver Hits School Bus and SUV in Moncks Corner" »

May 10, 2011

Frequency of Train Accidents in Louisiana Heighten Public Safety Concerns

Near the end of April there were 3 train accidents in a 24 hour span in Louisiana, reports a New Orleans news source. Such an abundance, in such a short amount of time truly astonishes the Charleston railroad accident attorneys, as well the residents of the state, especially considering the accidents left two people dead. 1331496_train.jpg

In one of the accidents a 41-year-old female driver tried to go around the railroad crossing arm in her Toyota Camry and was struck by an Amtrak passenger train. Needless and unfortunate to stay the impact from the locomotive killed the woman, she was pronounced dead at the scene of the Jefferson Parish railroad crossing.

One of the other incidents also involved an Amtrak train, but this one collided with an 18-wheeler in Slidell, Louisiana. In this case, no serious injuries were reported, which is a miracle when one thinks of the kind of collision created by two large vehicles.

The second fatality occurred when a woman was hit and killed by a train as she walked along a set of tracks in Calcasieu Parish. This type of fatal pedestrian accident begs the question of, "what was the state of mind of this woman when this happened?" But, without any mention in the article of the woman's reason for being on the tracks late at night, it would be unfair to make any presumptions as to her condition at the time.

Railroad safety advocates say it is not uncommon for people to underestimate the serious threat of oncoming trains, hence why some try to "beat" trains by going around railroad crossing arms. Due to the size of trains it is difficult to gain an accurate perception of how fast trains are coming, and that is often the underestimation, which leads to serious injuries and deaths.

Continue reading "Frequency of Train Accidents in Louisiana Heighten Public Safety Concerns" »

May 9, 2011

"Safest Driver On The Road" Reaches Milestone and Provides Trucking Tips

1042539_truck_delivery.jpgWhile skimming the news this morning the Charleston semi truck accident attorneys found an amazing story, thanks to Fox News, which tells the tale of a veteran United Parcel Service (UPS) truck driver who has safely driven his brown truck more than 4 million miles. As the article notes, this distance is the equivalent to six round trips to the moon, a truly astonishing statistic to befit an extremely admirable milestone.

The driver, Ronald Sowder, or "Big Dog," as his fellow drivers affectionately call him reached the milestone mark of 4 million miles this past January in his 49th year as a driver for UPS. An amazing achievement only one other driver has equaled in the company's 100-year history. Overall the drivers at UPS are among the safest on the road, and according to the company, average less than one truck accident per million miles traveled.

This year Sowder was inducted into the famed "Circle of Honor," an elite group of UPS drivers who have been accident-free for 25 years or more. Sowder credits his impeccably clean record to cautious driving and says, "You have to be a defensive driver. You have to be able to compensate for other people's mistakes and expect the unexpected. You can't drive too close. I don't like to be in a pack."

Continue reading ""Safest Driver On The Road" Reaches Milestone and Provides Trucking Tips" »

May 9, 2011

General Motors Sees Big Profits In Last Quarter And Makes Responsible Recall of Their Big Money Maker

666147_batch_of_dollars.jpgEveryone, including the Charleston auto accident lawyers, have noticed the extremely high price of gas these days. The cost of filling up is painful, and car makers in Detroit have been looking to ease the burden by putting out hybrid and electric vehicles. Cost effective vehicles like the Chevrolet Cruze, while easier on consumers' pocketbooks at the pump, have helped American auto makers get back into black figures after their bailout.

General Motors introduced the Cruze last October as an answer to the Toyota Corolla and other small car rivals. And with the price of gas rising almost 50 percent since the Cruze hit the market, the timing of the fuel-efficient compact's release could not have been better, and GM's bottom line shows it.

Last quarter GM, with lots of help from Cruze sales, boasted a profit of $3.2 billion. Sales of the Cruze topped more than 50,000 in the last quarter alone, helping the U.S. manufacturer gain a share in a market traditionally dominated by the Japanese.

Continue reading "General Motors Sees Big Profits In Last Quarter And Makes Responsible Recall of Their Big Money Maker" »

May 4, 2011

Howell and Christmas, LLC Follow Up On Highway Defects Post

Back in January, Charleston workers' compensation lawyers posted a three part series of posts that reported on an unfortunate accident that resulted in the death of Goose Creek woman. The original entries can be found at the end of this post.

As a quick refresher, the basic facts of the incident are as follows. In March 2010, while returning to their home in Goose Creek, a family of four, traveling in a green Ford pickup suffered a fatal blow, but not from another vehicle traveling on the interstate, but from a piece of the interstate itself. The couple was sitting in the front of the truck, husband behind the wheel and wife sitting in the front passenger seat. Their two young children in safety seats behind them when an Alabama fragment of Interstate 20 came through the windshield striking the wife, causing serious head injuries, narrowly missing the pre-schoolers, and flying out the truck’s cab.

This freak auto accident occurred at milepost 210 on I-20 in a construction zone that has slowed drivers and traffic for years, only a few short miles before the interstate smooths out in Georgia. This particular section of interstate, which is traveled by more than 33,000 drivers daily, is notorious for being riddled with pits and patches that drivers regularly turn up the volume on their radios to drown out the aggravating noise of tires rolling over rutted roadway.

In early March of 2011, the Post and Courier reported that the state of Alabama paid $1 million dollars to the family of the mother who was killed by the chunk of flying concrete. Alabama state officials said the money was awarded to compensate for the mother's wrongful death.

Continue reading "Howell and Christmas, LLC Follow Up On Highway Defects Post" »

May 4, 2011

Charleston Back and Spinal Injury Lawyers Note Noble Efforts In Tri-County Community

Our Mt. Pleasant job accident lawyers want to recognize the outstanding people at the Human Needs Network who have recently launched a new volunteer initiative by the name of Ramp It Up, whose goal it is, “to build every needed wheelchair ramp in the Tri-County by the end of 2011.” It’s an ambitious objective, but with individuals like Alex Jackson spearheading the effort, it would be no surprise if they accomplish their goal.

Jackson is a 24-year-old quadriplegic who has used a wheelchair since he was 9 months old and he is pushing hard to get these ramps built in Lowcountry homes and businesses because he feels the lack of mobility the disabled have in the area is a major issue. Its an issue the physically fit often don’t recognize, as climbing stairs to their front door or office is an every day occurrence, for them it is natural to be able maneuver up and down and negotiate sharp angles without a problem. But, for the disabled in our community using wheelchairs, overcoming these obstacles takes a great deal of patience, strength, and determination.

As a toddler, Jackson was involved in a serious auto accident while returning from a visit to his grandparents in Augusta, Georgia. The car his mother was driving was struck head-on when another car crossed into their lane going the opposite direction. Jackson’s mother was able to recover from the severe injuries she incurred from the accident, but he suffered a debilitating spinal injury that has kept him in a wheelchair ever since.

Continue reading "Charleston Back and Spinal Injury Lawyers Note Noble Efforts In Tri-County Community " »

May 4, 2011

Ken Burger Incites South Carolina Auto Accident Attorneys to Discuss Danger of Texting and Driving

Charleston workers compensation lawyers want to bring attention to an issue discussed by Post and Courier columnist, Ken Burger, the potential dangers of texting and emailing on cell phones. While Mr. Burger focuses on the strain this type of communication can place on the hand, he also mentions how we push our human capability to multi task, driving with one hand while communicating with family, friends, and/or colleagues with the other.

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.

Continue reading "Ken Burger Incites South Carolina Auto Accident Attorneys to Discuss Danger of Texting and Driving" »

May 3, 2011

Wadamalaw Man Crashes All-Terrain Vehicle, Dies The Next Day

While the South Carolina personal injury attorneys have commented on auto collisions, motor cycle crashes, bicycle wrecks, and boating accidents, this is the first incident involving an all-terrain vehicle, or better known by its acronym as an ATV. Like all recreational vehicles ATVs can be extremely enjoyable to ride, but also like all motor vehicles, if not operated safely, they pose a threat of serious injury or death. Sadly, a Wadmalaw man learned this hard way when he lost control of his ATV and crashed into a tree.

Initially, Charleston County Sheriff’s Deputies who responded to the crash thought the 26-year-old operator of the vehicle may have had some sort of medical episode, which caused him to lose control prior to hitting the tree. After the wreck the man was conscious and alert and his injuries were not thought to have been life-threatening. However, these injuries eventually killed him the next day, according to the Charleston County Coroner’s Office.

The autopsy determined the 26-year-old died from blunt force trauma to his upper body. He wasn’t wearing a helmet at the time of the accident, but this fact had no significance in the Coroner’s examination, as the man didn’t suffer a head and/or brain injury.

Continue reading "Wadamalaw Man Crashes All-Terrain Vehicle, Dies The Next Day" »

March 28, 2011

Columbia Couple Killed by Drunk Driver Near Walterboro

South Carolina personal injury lawyers learned of a Columbia couple whose vehicle was struck by a drunk driver while they were traveling along Interstate 95. The collision occurred four miles south Walterboro, near mile marker 49, according to the South Carolina Highway Patrol. Sadly, the man and women from Columbia, both in their early 70s, were killed in the collision, according to the Colleton County Coroner’s Office.

South Carolina State Troopers have charged the drunk driver, a 34-year-old man from Delaware, with two counts of felony DUI involving death. The man was driving his 1992 Ford Mustang in the northbound lanes when he changed lanes, striking the 70-year-old women from Columbia. She and her husband were traveling in a Suburban. After the being hit by the drunk driver, the impact forced the Suburban to run off the interstate and collide with a tree.

The couple were both killed at the scene of the auto accident from multiple, serious injuries. It was also reported that both were wearing their seat belts at the time of the accident.

Continue reading "Columbia Couple Killed by Drunk Driver Near Walterboro" »

March 13, 2011

Seat Belts Neglected In Serious Folly Road Crash

In quite a large number of posts, the Charleston auto accident lawyers at Howell and Christmas, LLC have mentioned that the easiest way to prevent serious injuries and death in a car collision is to wear a seat belt. To some, it is common sense and standard practice to buckle up when getting in their car. To others, it is a safety consideration that is entirely disregarded when traveling in a car.

In a recent two-vehicle accident on Folly Road, all of the 5 persons involved were not wearing their seat belts. The driver of a Ford Explorer that crossed the centerline and struck a Ford F-250, died after being ejected from the SUV. The passenger in the Explorer was also ejected and taken to Medical University Hospital, along with the other passengers and driver of the F-250, with life-threatening injuries.

A strikingly sad aspect of this incident is that all of those in the Ford Explorer were ages 19 and 18. Showing a serious need for Charleston area young people to actively use seat belts. They may not seem “cool” to youngsters, for whatever reason, but accidents like these are an unnecessary learning experience to realize the importance of buckling up every time you get in the car.

Continue reading "Seat Belts Neglected In Serious Folly Road Crash" »

March 3, 2011

F-150 Recall, Danger of Inadvertent Air Bag Deployment

Known to South Carolina personal injury lawyers, and the rest of the country for that matter, as the best-selling vehicle in America, the F-series pickup truck produced by Ford Motor Co., has come under pressure from regulators in Washington.

Last Wednesday, Ford announced it would recall 150,000 F-150 pickup trucks to repair air bags that could deploy without warning. The government contends a fraction of which should be called back and repaired. The recall covers trucks from the 2005-2006 model years in the United States and Canada, for what Ford calls a “relatively low risk” of the air bag inadvertently deploying.

By contrast, the government has urged Ford Motor Co. to recall 1.3 million F-150s from the 2004-2006 model years, citing 77 known injuries from accidental deployment of an air bar. The Continue reading "F-150 Recall, Danger of Inadvertent Air Bag Deployment " »

February 28, 2011

Two Charleston Area Motorcyclists Killed After Auto Collisions

This past Thursday a North Charleston man died as a result of traumatic brain injuries sustained from a motorcycle wreck he was in last Monday. This was the second man to die of motorcycle accident related in the same number of days. The 68-year-old was riding his motorcycle on Dorchester Road when he collided with a vehicle that pulled out in front of him from Parlor Drive Monday morning around 10 a.m.

The police incident report did not specify whether or not the motorcyclist was wearing a helmet at the time of deadly auto accident, but it did mention the man was ejected from his motorcycle and landed in the roadway.

The driver of the car involved in the accident was a 22-year-old Ladson man. He was charged with failure to yield the right of way, according to police.

Continue reading "Two Charleston Area Motorcyclists Killed After Auto Collisions " »

February 16, 2011

Single-Vehicle Collision Leads To Traffic Buildup and Another Crash

Its nothing new to Charleston car accident lawyers, and other area residents, that a single auto collision can lead to another and cause serious backups for travelers. These backups create a sea of frustrated drivers and can be extremely dangerous not long after the initial accident, just as authorities are responding to the scene. This is exactly what happened last week on Interstate 26, not far from Summerville.

The first wreck happened around 9 a.m. when a minivan heading westbound near mile marker 196 lost control of the vehicle, went into the median, and hit a tree. The 44-year-old driver from Summerville was wearing a seat belt at the time of the crash, but was pronounced dead at the scene by the Berkeley County Coroner's Office.

About twenty minutes after this single-vehicle crash, and as westbound traffic began backing up, a second serious auto accident took place, ultimately involving a total of five vehicles. One of those vehicles was a tractor trailer that began this chain reaction by side swiping three stopped vehicles near mile marker 197, then ran into the median strip hitting several trees. One of the trees struck by the tractor-trailer fell on top of a sport utility vehicle that was also stopped in traffic on I-26.

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February 14, 2011

Information On South Carolina's Number One Cause of Death

Courtesy of the Brain Injury Association of South Carolina, Charleston injury lawyers received a newsletter featuring some startling information not typically covered by media outlets. Currently, there are over 61,000 South Carolinians living with disabilities from traumatic brain injury, or caused by an external physical force, and in the United States a traumatic brain injury occurs at an alarming rate of one every 23 seconds. Combining victims of breast cancer, multiple sclerosis, and HIV/AIDS, there are still more individuals suffering from brain injuries. This is in no way to discount the prevalence and severity of other afflictions, it is meant to cast a light on a serious condition that is often overlooked.

The cause of brain injuries is varied, the most common include serious car accidents, bicycle accidents, falls, domestic violence, and/or as a result of combat for veterans. In South Carolina, brain injuries are the number one cause of death in individuals ages 1 to 44. Yearly, over 2,500 individuals are discharged from South Carolina hospitals with brain injury and tens of thousands are seen in emergency rooms statewide to be treated for milder brain injuries.

But, while broken bones and open wounds are obvious for doctors and medical staff to treat, brain injuries are not always easy detect in accident trauma victims. Even when a diagnostic test like an MRI or CT scan is conducted, they often will not show minor shearing or tearing in the brain. In many cases a neuropsychological examination must be given to properly diagnose a brain injury.

Continue reading "Information On South Carolina's Number One Cause of Death" »

February 2, 2011

Big Auto-Maker Asks to Overturn a Big Award Verdict

Charleston auto accident attorneys were sent the following case and felt it an excellent example of the difficulty in determining negligence in highly unpredictable circumstances. The Ford Motor Company, back in November, pleaded with the Illinois Supreme Court to overturn a large reward in the amount of $43 million granted in a Madison County verdict in 2005. The lawyers representing Ford argued that manufacturers of any goods would be subject to open-ended liability for many years to come if the ruling were allowed to stand, according to the Chicago Daily Law Bulletin.

The initial verdict came in Madison County Circuit Court and was upheld by the Fifth District Appellate Court before the case went to the Illinois Supreme Court. An Appellate Court Justice wrote, "we believe that the parties received a fair trial in this case." It goes without saying Ford disagreed with this opinion as the suit made its way to State Supreme Court.

The reason for the case came after the fuel tank exploded in a couple's 1993 Lincoln Town Car. The husband driving the Town Car was killed and the wife suffered severe burn injuries.

Continue reading "Big Auto-Maker Asks to Overturn a Big Award Verdict" »

January 25, 2011

Charleston and Pedestrians: An Un-Lovely Affair

Whether its students, shoppers, or professionals rushing back to the office after lunch, the downtown area of Charleston is rampant with jaywalkers, an issue put in print by Post and Courier columnist Ken Burger last week. But without formal laws on the city books to penalize those objecting designated crosswalks there is little in the way of enforcing safe street crossing, limiting the city's ability to try and prevent pedestrian accidents. While there are some state codes against prohibiting unlawful street crossing, officers have a whole lot more on their minds than a shopper hopping from store to store without using a crosswalk.

Unfortunately, and South Carolina auto accident attorneys have noticed, there have been a number of jaywalkers paying an extreme price for not utilizing crosswalks, in the form of serious injuries and deaths. Over the past five years 18 pedestrians have been killed while crossing Holy City streets, there were five deaths in the last year alone, and in none of the incidents were the victims using a crosswalk.

Continue reading "Charleston and Pedestrians: An Un-Lovely Affair" »

January 19, 2011

Highway's Defects Cause Wrongful Death: Part 3 of 3

This post is the conclusion of a three part post discussing a fatal auto accident in which the poor condition of an Alabama interstate played a central role. Part one can be accessed by clicking here, and part two can be found here.

South Carolina auto accident lawyers mentioned in the last remarks of Part 2, both drivers in the incident were not found at fault because it was determined by an investigation conducted by Alabama state troopers that both drivers were observing the speed limit and driving in a safe manner. It was also determined, and noted in the official report, that the defective highway conditions were a contributor to the serious auto accident that killed a wife and mother of two pre-schoolers.

Unfortunately, the federal government does not keep statistics on how many auto accidents and deaths are caused by poor road maintenance. So it is difficult to determine the frequency of such sad incidents that occur similar to that of the Goose Creek family that has been discussed over the past two posts. However, it is known that of the 123,470 wrecks involving motor vehicles last year in Alabama, 33 of those were on roads with ruts, potholes, bumps, and crumbles, according to state trooper reports and study done for the Associated Press by the Center for Advanced Public Safety at the University of Alabama. The study concluded that none of the injuries incurred in those 33 wrecks were directly blamed for the condition of the road, nor were there any deaths. Interesting results as they somewhat suggest the event discussed over the last two posts was some sort of freak accident.

Continue reading "Highway's Defects Cause Wrongful Death: Part 3 of 3" »

January 18, 2011

Highway's Defects Cause Wrongful Death: Part 2 of 3

Following is the second of the three part post concerning dangerous highway defects. Click here to view the first installment.

An investigation by Alabama state troopers established that the Camry’s right rear tire struck the pothole projecting the fatal fragment into the air and eventually into the South Carolina family’s pickup. The young woman driving the Camry was not ticketed and claims she did have the chance to avoid the rocky depression in the road and couldn’t have stopped in time to miss the pothole.

Under an open records request by the Associated Press, photos released by the Alabama Department of Transportation show the investigated pothole had been repaired at least once prior to the accident. Indications of this repair were differences in color between new concrete and the older road, as well as evidence that both the repair and the old pavement were crumbling.

Continue reading "Highway's Defects Cause Wrongful Death: Part 2 of 3" »

January 17, 2011

Highway's Defects Cause Wrongful Death: Part 1 of 3

Over the holidays South Carolina Auto Accident Lawyers came across an article in the Post and Courier that outlines an unfortunate incident that resulted in a beloved wife and mother's death. Due to the length of the article and seriousness of the incident, involving highly unsafe highway defects, this entry will be divided into three parts.

Last March while returning to their home in Goose Creek, a family of four, traveling in a green Ford pickup suffered a fatal blow, but not from another vehicle traveling on the interstate, but from a piece of the interstate itself. The couple was sitting in the front of the truck, husband driving and wife riding, with their two young children in safety seats behind them when an Alabama fragment of Interstate 20 came through the windshield striking the wife, causing serious head injuries, narrowly missing the pre-schoolers, and flying out the truck’s cab.

The fatal fragment came from a recently repaired pothole; a pocket of jagged bits of concrete covering half of the slow lane, and was flung into the air by a 1995 Toyota Camry. The driver of the Camry was a single mother who was simply giving a friend a ride to the other side of the Georgia line. Although the 23 year-old driver knows she was not at fault in the accident, it is reported she is still haunted by the incident, especially since her only form of transportation remains her blue 1995 Camry.

Continue reading "Highway's Defects Cause Wrongful Death: Part 1 of 3" »

January 12, 2011

Charleston Truck Accident Attorneys Focus on Wrongful Death Case

The family of a truck driver have filed a suit against the California Department of Transportation (Caltrans) and several companies in an effort to receive damages for the wrongful death of the 56-year-old driver. The plaintiffs allege negligence on the loading dock and at the Bay Bridge's dangerous S-curve . The driver was killed after his pear carrying semi toppled off the bridge, plunging 200 feet.

The suit against Caltrans claims the S-curve, introduced to drivers as part of the rebuilding of the Bay Bridge, did not have adequate warning signs to inform drivers to the then new curve. The suit was filed in the San Francisco Superior Court by experienced wrongful death lawyers and asserts that the public was not aware of the sharp curves nor to the extent at which drivers should reduce their to safely navigate them, without the opportunity to take the necessary precautions. In a sense the new route was a "concealed surprise."

Continue reading "Charleston Truck Accident Attorneys Focus on Wrongful Death Case" »

January 2, 2011

Attention South Carolina BMW Owners, Recall for 150,800 Vehicles

Considering there are many owners and drivers of BMW vehicles in the Charleston area, South Carolina auto accident attorneys wanted to pass on the announcement of two recalls in the German designed vehicles. The recall affects 150,800 autos and BMW of North America has notified government officials of the potential fuel pump failures in some of their models.

The defective product recall directly affects 130,000 of its 2007-2010 models that use their twin-turbo inline six-cylinder engines for the potential of their high-pressure fuel pump to fail. Separately the auto maker has recalled 20,800 of the 2008 model of their popular X5 crossover with the normally-aspirated inline six-cylinder to replace the low-pressure fuel pump.

According to BMW the high-pressure fuel pump issue can be simply fixed with a software update, but 40,000 of the vehicles are expected to need an entirely new pump. The specific models affected are the 2007-2010 335i, 2008-2010 135i, 535i, and X6, and the 2009-2010 Z4.

In the case of the 2008 X5 the problem can be more serious, if the fuel pump fails, the engine will stop running and the driver will lose power steering and power assistance for the brakes, although both will remain operational. The power steering and power brakes are still functional, but drivers do not have as much power as they are accustomed and that can be startling for some people.

Continue reading "Attention South Carolina BMW Owners, Recall for 150,800 Vehicles" »

December 18, 2010

Two Columbia Men Struck by Firetruck Responding to Haz-Mat Call

In the middle of last week, a store clerk in the state's capital made a call to police because a man was causing a disturbance in the store. Not long after that the man ran from the store into the road near Providence Hospital in Columbia and was struck and killed by a firetruck, according the South Carolina Highway Patrol. There was another man hit by the truck, but he did not incur serious injuries and was promptly treated and released.

The Fire Chief Aubrey Jenkins of the Columbia Fire Department said the truck was responding to a hazardous-materials call and the unit had both their lights and sirens on at the time of fatal pedestrian accident. The collision occurred around 11:30 p.m. and South Carolina auto accident lawyers took note that a Post and Courier article mentions that both the men hit by the truck were dressed entirely in dark clothing, making them extremely hard to see in the middle of the night.

Continue reading "Two Columbia Men Struck by Firetruck Responding to Haz-Mat Call" »

December 2, 2010

South Carolina State Trooper Dies in High-Speed, Single Vehicle Accident

In an unfortunate and somewhat strange incident, a 21-year-veteran of the South Carolina Highway Patrol was in a deadly auto accident involving only his patrol car. South Carolina injury lawyers found this news in in a Post and Courier report. The State Trooper was killed instantly in the crash, which happened back in March of this year. But, new information has been brought to light about the incident that surrounds the death of the trooper in mystery.

Lancaster County deputies say that after tests were run it can be determined that the 45-year-old trooper was driving anywhere between 104 and 111 mph at the time of accident. The spot of the crash was six miles south of Lancaster, South Carolina on state highway 200 at a point where a side road intersects at an odd angle with the highway.

Continue reading "South Carolina State Trooper Dies in High-Speed, Single Vehicle Accident" »

December 1, 2010

Two Car Accident Near Jamestown Leaves One Dead Days Before the Holiday

After a wonderful holiday with family, friends, and loved ones, injury lawyers in Charleston feel troubled in knowing a South Carolina family had a rough Thanksgiving after one of their members died just before Thanksgiving. A Boneau Beach man suffered life-ending body and serious head injuries, according to the Berkeley County Chief Deputy Coroner, after a wreck with another automobile. The accident occurred last Monday evening on U.S. Highway 17A just south of Jamestown.

Authorities say the deceased driver was most likely trying to turn around when it crossed over 17A in front of St. Stephan, South Carolina woman’s Nissan Altima. According the female driver of the Altima, when the Toyota came across the highway her vehicle struck the driver’s side of the unspecified model of Toyota.

Continue reading "Two Car Accident Near Jamestown Leaves One Dead Days Before the Holiday" »

November 23, 2010

Five Vehicle Accident on South Carolina Interstate Involving Three Tractor Trailers Kills One, Injures Four

In a major tractor-trailer accident one person was left dead, while four others suffered serious injuries. Apart from the three tractor-trailers in the Interstate 26 collision, there was a minivan and a car involved in the midmorning crash.

The incident is still under investigation by South Carolina State Troopers to determine exactly what happened to cause the devastating wreck. What is known is that one of three trucks jack-knifed and the other two had overturned.

In any major multi-vehicle accident it is certain there will be subsequent traffic build up. The westbound lanes of Interstate 26 in Calhoun County were closed for several hours resulting in mandatory detours for South Carolina travelers.

Continue reading "Five Vehicle Accident on South Carolina Interstate Involving Three Tractor Trailers Kills One, Injures Four" »

November 21, 2010

Downtown Charleston Bike Accident Solidifies Reason to Step Up Bike Law Enforcement

At the busy downtown intersection of Calhoun and King Streets a bicyclist was struck by an S.U.V. breaking the rider’s pelvis. Breaking a pelvis can be a severe injury because of the potential damage to surrounding tissues, arteries, nerves, and veins. According to the police report, the collision occurred in the early evening and was the result of the driver of the S.U.V. failing to yield to the cyclist. The S.U.V. was identified as a 2003 Ford and was traveling west on Calhoun and struck the 21-year-old on bike, who had a green light, when taking a left onto King.

The young cyclist was taken to the Medical University of South Carolina’s Hospital to receive treatment for the broken pelvis, while the driver of the Ford was charged with reckless driving.

In regards to bicycles downtown, knowledgeable attorneys have noticed that Charleston police have made an effort to make the city safer for its two-wheeled travelers through stronger enforcement of bike laws. The campaign to make streets safer for both bicyclists and motorists will be led by educating bike riders that they are required to follow the same road rules as motorists, such as obeying traffic signals and signs.

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November 19, 2010

Hit-and-Run Accident Near State Capital

According to the South Carolina Highway Patrol, a Columbia man suspected of leaving the scene of a fatal car accident has turned himself in, three days after the hit-and-run. The man driving struck a female pedestrian late on a Saturday night. The collision resulted in the wrongful death of the 53-year-old woman.The man was arrested after he came forward to authorities and was charged with driving under the influence and leaving the scene of an accident.

Charleston auto injury attorneys took note of the following unfortunate aspect of this negligent incident. The Richland County Coroner’s Office was not able to immediately identify the woman struck by the drunk driver. It has, however, been disclosed that the woman was dressed in dark clothing and pronounced dead at the scene.

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November 18, 2010

Rosemary Middle School Teacher Killed in Single Car Crash

Injury attorneys of Charleston took notice of the Post and Courier's report of a South Carolina educator that died in a single vehicle accident after the 29-year-old middle school teacher’s car ran off the road and overturned, according to authorities. The Rosemary Middle School teacher in Andrews was not wearing a seat belt at the time of the crash and was ejected from the vehicle. The Berkley County Coroner reported that the accident caused fatal body and brain injuries.

The Huger woman was returning home from a trip to Charleston in her Chevy Cobalt, traveling eastbound. According to S.C. Highway Patrol, when the teacher’s car crossed the centerline, an overcorrection to right the vehicle caused it to flip into a ditch. In the minds of South Carolina car accident lawyers, the most ill-fated feature of the mid-evening crash is that it took place only a half-mile from the teacher’s home.

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November 11, 2010

Two Charleston Area Motorcyle Accidents--One is Fatal

Injury lawyers of Charleston noticed that week and half ago a two men were involved in serious motorcycle accidents one struck while riding on the streets in the Cannonborough neighborhood of Downtown Charleston. The operator of the pick up truck that was responsible for the collision has been charged with felony DUI. The second incident occurred in North Charleston the next morning.

The collision happening off the Penninsula, on the 205 exit ramp to U.S. Highway 78 is the only one where the motorcyclist was fatally wounded. But, the run-in Downtown is the only one where another party was found at fault.

After the wreck, which happened at the corner of Spring and Coming Streets, both the intoxicated driver of the truck and the man riding the motorcycle were taken to the hospital for treatment of personal injuries.

A 31-year-old Goose Creek man lost control of his 2003 Kawasaki on the off-ramp from I-26 at 1:20 a.m. The Charleston Deputy Coroner lists cause of death as a serious head injury, the man was not wearing a helmet.

Continue reading "Two Charleston Area Motorcyle Accidents--One is Fatal" »

November 10, 2010

Woman Dies, Man Injured in Mt. Pleasant Truck and Car Crash

A Myrtle Beach man and woman were traveling north in the southbound lanes of U.S. Highway 17 when they collided head-on with a semi heading in the opposite direction. Charleston truck accident attorneys read in the Charleston County Deputy Coroner. Both the woman and the man were transported to the Medical University of South Carolina, where the woman died and the man received treatment to serious injuries sustained from the accident.

The car was struck by the tractor trailer around 2 a.m. after the pair had left the Kangaroo at the intersection of Highways 17 and 41 in the northern part of Mt. Pleasant. The couple were approached by a police officer after, allegedly, being parked at the said location for more than an hour. When confronted the man said the two were working things out. Not long after the car left the gas station, nearly striking the officer, and screeched its tires as is pulled into the southbound lanes of Highway 17, heading north.

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October 14, 2010

Charleston Man Under the Influence Strikes and Kills Pedestrian with Car

Late Saturday evening a 71 year-old male pedestrian was hit and killed by an intoxicated driver on Sam Rittenburg Blvd. near Highway 61 in West Ashley. The Charleston man in operation of the vehicle, allegedly, causing the death has been charged by Charleston police with DUI.

Experienced South Carolina Injury Attorneys feel strong need to point out the driver of the vehicle was NOT charged with felony DUI. The reason being is that the driver was not at fault in the wrongful death.

According to Charleston County public information officer Charles Francis, the pedestrian in the fatal accident took the intoxicated driver's right of way, causing the late-night incident to occur.

Continue reading "Charleston Man Under the Influence Strikes and Kills Pedestrian with Car" »

October 7, 2010

South Carolina Fatal Car Crash: Three Members of Calhoun County Church Choir Killed in Car Wreck

Returning home from their choir practice, 20-year-old Josh Glover, 16-year-old Jerrell Joe, and 11-year-old Alexandre Thompson Void were killed four miles north of Elloree, South Carolina when the vehicle in which they were riding went off the road and flipped over. This points out how a serious car accident can happen in the blink of an eye.

The three youngsters were sitting in the back seat of the vehicle and were thrown from the car, according to Calhoun County Coroner Donnie Porth. Two males were in the front of the car were injured, but survived the crash. All were en route to their homes from Union AME Church in Elloree, choir practice had just ended before the crash took place, around 8:30 p.m.

Continue reading "South Carolina Fatal Car Crash: Three Members of Calhoun County Church Choir Killed in Car Wreck" »

October 5, 2010

Woman in S.U.V. Struck by 18-Wheeler in Ridgeville, South Carolina

Allegedly failing to yield the right way, a 63-year-old woman driving a Toyota FJ Cruiser was hit by an 18-wheeler and killed. The fatal accident occurred at the intersection of U.S. Highway 78 and Campbell Thicket Road in Ridgeville. The woman was making a left turn onto U.S. 78 when another woman, driving an 18-wheeler struck the FJ Cruiser killing the driver at the scene of the collision and sending the female truck driver to the hospital. Because the driver of the Toyota was a contributing party in the accident no charges have been filed.

Charleston accident lawyers Howell and Christmas, LCC want to use this unfortunate event as an example to stress the importance of safe driving. This accident could have been avoided by paying attention to cautionary road signs that make South Carolina highways safe to travel. Constantly be mindful of 18-wheelers when driving on interstates and highways as they pose a lethal threat if collided and it is not always possible for truck drivers to see cars, even S.U.V.s, from their elevated position.

September 30, 2010

Charleston Wrongful Death:West Ashley and Mt. Pleasant Men Killed Under Jacked Autos

According to the Post and Courier, Charleston County Chief Deputy Coroner Judy Koelpin named the second man in the same number of days to be killed while working under their car. South Carolina auto accident attorneys want you to know Nicholas Monich was working under his Audi S8 in the driveway of his West Ashley home when the jack holding the high-performance car slipped killing the 30-year-old Monich. The previous afternoon Gary Anthony of Mt. Pleasant was killed after trying to raise one of the two jacks holding his Mazda 626 above him. In the process it appears one slipped causing the car to fall on his chest, Anthony was 43 years old.

It should be mentioned that neither of the two men had blocks under the wheels of their cars, doing so is strongly recommended when working with jacks to prevent wrongful death and other serious accidents. In one of the cases the jack was placed in dirt and is a major risk when working under cars, as well as using a jack on an incline.

July 2, 2010

Charleston, SC: Husband Charged in Fatal Wreck

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

May 4, 2010

Berkeley County South Carolina fatal car-truck accident

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.

April 22, 2010

Wrongful Death in South Carolina:Accident Attorneys Report Fatal Wreck involving a K-9 Deputy

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.
April 14, 2010

Charleston Injury Lawyers: Interstate Debris Kills Woman

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.

April 12, 2010

South Carolina High Court overturns $18M award

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.

March 29, 2010

Charleston Man Charged in Fatal Single-Vehicle Wreck

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.

March 25, 2010

Car Accident on South Carolina US Hwy 17-Driver Airlifted after wreck

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.

March 23, 2010

Charleston Car Accident, Hit-and- Run: Police Need Your Help

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.

March 19, 2010

Charleston Accident Lawyers are glad to report none were injured in bus crashes

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.

March 9, 2010

South Carolina Automobile Accident Lawyers Warn Citizens about U-Haul

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.

February 23, 2010

Charleston Accident Attorneys Tell Bus Drivers- Check Your Tires

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.

February 17, 2010

Charleston Drivers- Look out for Loose Asphalt on I-26

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" »

February 3, 2010

Charleston, South Carolina Train Accident Kills 4

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.

February 1, 2010

Can Charleston Accident Lawyers Learn From Out-of-State Car Crashes: 3 Students Killed in a Head-on Collision

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.

January 19, 2010

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

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" »

January 8, 2010

South Carolina Truck Driver Charged in Fatal Crash

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

December 31, 2009

Charleston Lawyers Want You To Be Aware of the Most Common Causes of Automobile Accidents

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" »

December 24, 2009

Driver Flees the Scene After Fatal Accident

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.

December 18, 2009

Attention Charleston Drivers: More Traffic Accidents in Rural Regions than Cities

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" »

December 10, 2009

Employer Blamed for Exec’s Car Accident

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" »

November 27, 2009

2009 Projected to Have Fewest Highway Deaths Since 1961

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.

November 2, 2009

Michelin to Pay $12 Million for Car Crash

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.

October 26, 2009

Distracted Drivers a Factor in South Carolina Automobile Accidents

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 " »

October 23, 2009

Drunk Driver gets Forgiveness from Victim’s Family

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

October 20, 2009

South Carolina Accident Lawyers: Likely Hit and Run Accident in Conway

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.

October 6, 2009

1 Dead, 2 Injured in Berkeley County Car Crash

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.

October 2, 2009

Signs and Symptoms of Brain Injury

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" »

September 28, 2009

Truck Collision Causes Fire on Spartanburg Road

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" »

September 24, 2009

South Carolina Truck Accident Damages

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" »

September 9, 2009

Two Fatal Car Accidents in Charleston South Carolina

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.

August 23, 2009

Four Seriously Injured and One Dead In South Carolina DUI Car Accident

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

August 17, 2009

A Brief Look At Some Of What Car Accident Attorneys Look At When Evaluating A Potential Case

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" »

August 2, 2009

South Carolina Hit And Run Motorcycle Accident Leaves One Man Dead

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.

July 24, 2009

More Evidence That Younger Drivers In South Carolina Cause Serious Injury and Death

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" »

July 12, 2009

42 Vehicles Involved In Charleston South Carolina Crash on I-26

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 " »

July 10, 2009

South Carolina Wrongful Death Near Charleston: Police Officer Dies In Fatal Car Accident

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 and 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.

July 9, 2009

Low Country Lawyers Wonder If The Injured Are Protected On The Coast of South Carolina

South Carolina accident and injury lawyers like Howell and 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 and 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" »

July 7, 2009

Deadly Car Crash In Lexington South Carolina Kills Two Children

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" »

July 1, 2009

Supreme Court of South Carolina Makes Ruling On Motor Carrier Limits

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" »

June 30, 2009

Hit And Run South Carolina Driver Crashes Into Car Killing Two In Charleston

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


June 28, 2009

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

Wrecked%20Car%201.jpgAuto 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 and 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:" »

June 25, 2009

South Carolina Accident Attorneys Discuss Deadly Car Crash Kills 10 Year Old Boy

As our Charleston accident lawyers at Howell and 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 and 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.

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