South Carolina Injury Lawyer Blog

Your 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'" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For 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.

Continue reading "Music Festival Ends in Tragedy for Mt. Pleasant Women" »

In 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" »

Those 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.

Continue reading "Accident Results in Wrongful Death Lawsuit Against Emergency Roadside Assistance Provider and Independent Operators" »

Your Charleston real estate transaction lawyers read a frightening article in today's Post and Courier this afternoon that describes a slew of motor vehicle accidents that happened this past weekend in the Charleston area. According to the article, a bicyclist, a moped operator, and two motorcyclists suffered fatal injuries in 4 separate accidents that occurred between this past Friday and Sunday (May 20-22).

Friday evening, around 10:40 p.m. a 25-year-old man was involved in a bicycle accident when he was struck by a motor vehicle in West Ashley. After the hit and run accident, the cyclist was transported to the Medical University Hospital, where he later died. The Charleston Police Department later found the driver responsible for striking the cyclist on Folly Road, the driver was charged with felony driving under the influence (DUI).

The same evening, closer to 10 p.m., a 32-year-old woman on a moped was merging onto the Ravel Bridge from Coleman Boulevard in Mt. Pleasant when she was struck from the rear by a car. The collision sent the woman off of her moped. Sadly, she died Sunday at Medical University Hospital. Similar to the first incident, this also involved a drunk driver. According to the Mt. Pleasant Police Department, a 25-year-old Ridgeville man was arrested and charged with felony DUI.

Continue reading "Traffic Accidents Involving Two-Wheeled Vehicles Leave Four Dead in Charleston Area " »

In 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" »

In a periodical distributed by the Brain Injury Association of America, the attorneys at Howell and Christmas, LLC found an interesting article pertaining to the connection between brain injuries and substance abuse. Considering the prevalence of brain injuries in America, and the unfortunate reality of widespread substance abuse, the Charleston personal injury lawyers found it important to blog on this topic and, hopefully, provide some useful information to South Carolinians who have sustained a severe brain injury and suffer from substance abuse.

According to the Office on Disability, one out of two people living with a brain injury is also affected by some form of substance abuse. This ratio is in stark contrast to the substance abuse rate among the general population, which is one in ten. The factors that contribute to this disparity in risk include medicine and health problems, an inability to identify potential problems, and a lack of appropriate prevention and treatment services.

Individuals recovering from serious brain injuries face many obstacles including feelings of depression, isolation, and boredom, all of which are fairly common after sustaining a brain injury. Unfortunately, some survivors of brain injuries turn to alcohol and drugs as a means to cope with these feelings, but even casual use of these substances can have extremely negative consequences for those in recovery, as well as those living with brain injuries. Turning to drugs and alcohol is never an effective way to cope with any of life's troubles, as it only increases the risk of incidents like drunk driving accidents, overdoses, or any other kind of unintended serious accident.

Continue reading "Mt. Pleasant Personal Injury Lawyers Examine the Connection Between Brain Injury and Substance Abuse " »

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" »

Living in Charleston, South Carolina personal injury attorneys are no strangers to bicycle accidents and would like to take a moment to share the following incident and subsequent case to remind drivers and cyclists alike to give due attention to each other when traveling along area roadways.

Back in June, a 48-year-old cyclist was hit by a drunk driver traveling 69 miles per hour when a horrific collision occurred, shattering the cyclist's leg, sending his head snapping back onto the A-bar of the driver's Chevy Tahoe, and ultimately rocketing the cyclist 100 feet through the air, slamming into a roadside fence with serious brain injuries. The driver had a blood alcohol level of .19, nearly three times the legal limit.

Last month, the 34-year-old drunk driver, who had two previous DUIs on his record, was sentenced by Montgomery County, Maryland Circuit Court Judge to 8 years in jail and 5 years of unsupervised probation. According to WTOP, the sentence came after hours of testimony from the friends and family members of both men. After his second DUI offense in 2004 the driver was ordered to complete a 26 week program, it can easily be said the program did nothing to help change his dangerous behavior.

Continue reading "One Man's Life Is Taken, Another's In Ruins After Drunk Driver Hits Cyclist" »

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.

Continue reading "Hit-and-Run Accident Near State Capital" »

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" »

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" »

Charleston injury lawyers want you to know that recently, South Carolina’s waterways have seen a larger law enforcement presence looking for drunk boaters operating their watercrafts in excess of the legal limit. In a major collaborative effort of national, state local law agencies, including the Coast Guard, Department of Natural Resources, and the National Association of Safe Boating Law Administrators, are taking a hard stand against intoxicated boat operators in an effort to reduce the number of individuals drunk on the water, promote safer boating practices, and prevent serious injuries and deaths. The title for the effort is as much oxymoronic as it is serious about attacking alcohol on the water, Operation Dry Water.

Operation Dry Water’s cause does not go unwarranted or without reason, the combination of alcohol and boating is the primary factor in South Carolina boat related accidents fatalities, 1 in 5 of boat related fatalities are a direct result of alcohol-impaired boaters.

Continue reading "South Carolina Boaters Beware—Government Agencies to Crack Down on Drunk Boating in Accident and Injury Prevention Effort" »

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.