South Carolina Injury Lawyer Blog

South Carolina job injury attorneys urge all companies and services to do their best to follow important safety regulations and stay regular with innovations in technology. Dangerous work can often be made less risky by the use of innovative products and openness to new ideas and change. Charleston area attorneys honor the memories of the brave men who died in the fire and offer their condolences. It is hoped that by learning from these types of incidents, future incidents can be prevented.

In a release of emails from a panel that independently examined the Sofa Super Store Blaze, chief experts blasted the leadership of the City of Charleston and the Charleston Fire Department. Specific among their complains was the lack of modern firefighting techniques used by the department and allegations against the city of playing a "shell game" and trying to spin some of the information coming out of the fire. Mostly what was concluded in these emails was the deaths of 9 firefighters did not have to occur if proper techniques, modern technology and other measures that should have been taken by the Departments leadership had been implemented. As quoted in an email by one panelist to another "DAMN IT. This did not have to happen."

The fire started at approximately 7pm on June 18th, 2007 at the Sofa Super Store located on the Savannah Highway. Fire Servicemen reported to the blaze roughly 3 minutes after the alarm was sounded. During the blaze, efforts to contain the fire were unsuccessful and the fire quickly spread from a backroom to the main room, igniting highly volatile furniture. Structural conditions quickly deteriorated, trapping some of the men. In an effort to get to trapped firemen, the windows were smashed which led to a "flash over”, which is the near instantaneous combustion of all flammable materials in a given area that occurs when oxygen is quickly introduced into an area where a fire has been enclosed. Sixteen firemen were working in the building when this occurred, some were trapped. By the end of the day, nine men had bravely given their lives fighting the fire.

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In California, former workers from a closed Toyota Plant filed suit against the Plant ownership and its parent company Toyota, claiming they were denied severance packages due to the fact they had to take leave from work because of on-the-job injuries. The suit seeks a revised severance agreement, restitution, lost compensation, other employee benefits and monetary damages. because more than 300 of the plants 4700 employees were claimed to be affected by this, the suit will be filed as a class action lawsuit. The Plant is located in Menlo park, Ca outside of Oakland.

The Plant was established as a joint venture between General Motors and Toyota in 1984. GM backed out of the Plant last year after filing for bankruptcy protection. Toyota produced the Corolla model sedan and Tundra pickup truck there. Because of GM's withdrawal, Toyota claimed they were unable to finance the factory and decided to close the plant. The plant workers were not the only ones to suffer from the economic blight caused by the factories closing. Thousands of workers in support industries that sustained both the Plant and its workers were affected by the sudden withdrawal of their main source of business.

The assembly workers were given a union mandated payout of over $21,000 at the close of the factory, however workers who worked continuously for 6 months prior to the shuttering received enhancements that added up substantially. The lawyer for the Workers claims that his clients are taking a large hit to their income without the addition of these enhancements. Enhancement value could total up to more than $32,000 dollars individually. The attorney stated ""Some of these people had worked there 25 years and were injured in the last six months," "We allege they're being discriminated against with respect to their severance because of their disability.

The lawsuit also alleges that the workers were denied the ability to take advantage of some of the benefits that Toyota provided for career enhancement. Further more, it is claimed that many were denied employment even after a medical professional approved them to return to work. The plant spokesman said in response "the factory "has always prided itself on treating its team members with respect and fairness and we believe we've done so in this situation." Toyota's corporate policy is not to comment on ongoing litigation.

As far as these claims go, South Carolina Worker's Compensation attorneys believe very strongly in the fair treatment of workers and the effective and quick settlement of any disputes between management and workers in a given situation. Hopefully, the situation will be resolved in the most efficient and fair manner possible for both parties.

Source: The State, "Former workers at Calif. plant sue Toyota, factory" ,By Brooke Donald , July 27th, 2010

A Hollywood, SC man was charged with Reckless Homicide after an accident he was involved in left another man dead. A concerning factor in this incident was the speed at which the man was traveling when the accident occurred. Excessive speed has remained one of the most blatant and glaring causes of driving related deaths. South Carolina Wrongful Death Attorneys urge caution and self-control when operating a motor vehicle and advise drivers to follow the speed limit and wear their seatbelts.

The deadly crash occurred at approximately 2 pm on Savannah Highway near Savage Road and Melrose Avenue. The man was driving a Chevrolet Corvette when he the other driver who was operating a Ford Crown Victoria. Deputies who responded to the scene originally charged the man with Reckless Driving, but the charge was upgraded when the other man passed away. The man was denied bond as a result of the incident and traffic was back up on the Savannah Highway for several hours.

Though these issues are ones that many people rarely think about when driving, excessive speed is extremely dangerous. The National Highway Traffic and Safety Administration lists it as one of the top factors in accidents that cause injury and death. Related to speeding is the practice of aggressive driving, or driving a vehicle in such a way that it endangers the safety of other motorists. Drivers should take care to use caution when on the roads and watch how fast they are going because it can save lives.

Source: The Post and Courier, “Man faces reckless homicide charge, Almar Flotides, July 11th, 2010

The National Highway Traffic and Safety Administration

The National Highway Transportation Safety Administration lists Fatigued Driving as one of its major causes of distracted driving crashes. They estimate that approximately 100,000 police-reported crashes annually involve drowsiness and/or fatigue as a principal causal factor. Those serious truck accidents result in an estimated 1,500 fatalities and 71,000 injuries each year, and an annual monetary loss of approximately $12.5 billion. Charleston Truck Accident Lawyers recommend if a driver is feeling drowsy to pull over to the side of the road, take a few minutes to rest before returning to travel.

While traveling down I-26, the occurred at roughly 3:30 am near the Aviation Avenue exit, when the driver fell asleep at the wheel. The Truck crashed into a piece of construction equipment and then into another car. The Rig then overturned and spilt Diesel fuel. Luckily, no one was hurt in the accident. However, the wreck did cause a considerable amount of inconvenience as traffic was snarled as fair back US Highway 78. The wreck caused considerable delay and while the wreck was moved to the shoulder, the delays and backup did not fully clear until well after noon.

One of the major hazards involved in driving long distances is the fatigue that usually comes with it. This fatigue can lead many drivers to dose off at the wheel, creating a potentially dangerous situation. A Tractor-Trailer driver fell victim to this exact condition when he fell asleep at the wheel of his vehicle and overturned it at 3:30am, wrecking it and stalling traffic. South Carolina Auto Accident Attorneys recommend this story as a warning to exercise caution when taking long trips and to avoid getting drowsy while driving.

Sources: The Post and Courier, “Tractor-trailer wreck stalls traffic”, May 31st, 2010

The National highway Transportation Safety Administration

In a story making headlines today, Charleston Workers Compensation attorneys would like to make the public aware of a large scale settlement in which Imperial Sugar was involved regarding work place safety issues. Imperial Sugar has agreed to pay $6 million dollars in fines and compensation on account of rampant safety violations in two US plants, one of which exploded in Savannah, GA in 2008, killing 14 workers.

The Occupational Safety and Health Administration sought to impose fines of more than $8.7 Million dollars in regards to the safety code failures. However, Imperial Sugar was able to contest these charges for nearly two years. The fines include $4 Million Dollars for the where there were 124 violations reported. The fire as reported, was judged preventable if proper safety precautions had been followed. Chemical Safety Board Chairman John Bresland stated "The explosion at the plant was entirely preventable and the deaths that occurred in February 2008 should never have happened," The other $2 Million Dollars will pay for various fines leveled on a facility in Louisiana. South Carolina accident lawyers urge both Companies and Plant workers to follow proper safety procedure when operating in hazardous enviroments.

Since October 10th, 2009 OSHA has reported 742 Fatal Workplace accidents in the United States.

Sources: The Charleston Post and Courier, " Imperial Sugar agrees to pay $6 Million", July 8th,2010

The Occupational Safety and Health Administration

Rueters News Service, "Imperial Sugar plant explosion was 'preventable' "

MSNBC News, "4 found dead in Ga. sugar refinery blast
Dozens injured in blast; firefighters continue to battle blaze into Friday"

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

A fourth person has died after two seperate boat crashes on Lake Murray near Columbia. The first crash occured between 10 pm and 11pm on Saturday.While everyone enjoys a nice day out on the water, maybe cruising around, doing some fishing or just spending time with friends, South Carolina Wrongful Death Attorneys remind you that it is important to remember the potential hazards that come with operation of watercraft.

The first crash occured while boaters were operating at night and killed two women. The second crash occured approximately 30 minutes later, and involved a collision between a 14- foot fishing boat and a 23- foot craft. The collision killed the 23 year old driver of the fishing boat. A second man on the boat died Monday at Palmetto Health Richland.

While South Carolina boating accidents are common, the operation of watercraft after sunset greatly increases the chances of a potential incident. A United States Coast Guard report states that boat on boat collisions are the largest cause of injury on the water. The Coast Guard advocates the proper use of safety devices and reminds all boaters to never operate a watercraft while under the influence of alcohol.

Sources: The Post and Courier, "Boat crashes claim fourth victim", May 4th, 2010

The United States Coast Guard, Boating Safety Division

Claiming unfair and potentially illegal treatment from their employers, the surviving members of the Transocean Drilling Platform that exploded April 20th, appeared before Congress to urge the members to hold British Petroleum and its subsidiary, Transocean accountable for their actions. The workers claim that many necessary safety issues had been overlooked and that repeated attempts on their part to notify the company of the issues-were ignored. Charleston Worker's Compensation Attorneys would like to make the public aware of this particular issue of the Oil Rig disaster.

The oil rig exploded April 20th after a suffering mechanical complications involving the main drill. A fire broke out that spread quickly through the platform, killing 11 workers. The survivors were rescued after a 28 hour ordeal, but clain the company moved immiediatly to absolve themselves of blame. Employee Steven Stone stated "Transocean asked him to a sign a document -- without his attorney present -- saying he was not injured in the blast in exchange for $5,000 for the loss of his personal possessions, he said. He refused to sign the portion saying he was uninjured, he said, because even though he did not require medical treatment at the time, he must see a doctor for effects of smoke inhalation and is also dealing with mental and emotional aftereffects."

Two men coming from Myrtle Beach to Charleston for a day trip were stopped in traffic on Highway 17 near Anna Knapp Boulevard when an SUV behind them failed to stop. The SUV hit the motorcyles, pushed both men into another vehicle and then the SUV was forced into another car. Though two helmets were found at the scene, the responding officer was unsure if the men were wearing them at the time of the impact. In light of this, Charleston Accident Lawyers want to remind all drivers and motorcyclists to exercise caution when in close proximity to each other on the road and for motorcyclists especially to always use proper safety precautions when operating their vehicles.

The men were taken by EMS to Medical University Hospital, where they died from their injuries. The driver was not identified and responding officers said their was not immediate indication that the driver was under the influence of drugs or alcohol. Charges are pending, awaiting the results of an investigation.

A 2004 study conducted by the National Highway Traffic Administration showed that from 1998 to 2003, there were approximately 49,000 people injured and 2,284 people killed in motorcycle related incidents on America's roads. Of those, 46% fatally injured were not wearing a helmet at the time of their accidents. NHTA estimates that motorcycle helmets reduce the likelihood of a fatal injury occuring by 29% in a crash.

Source: The Charleston Post and Courier, "Motorcycle Riders Die in Wreck" May 31st, 2010

The National Highway Transportation Administration

Charleston child sexual abuse attorneys recently learned that a South Carolina charter school teacher was arrested and charged with having sex with a 15-year-old student high school student. The teacher allegedly had sex with his 15-year-old student in a wooded area near the school’s premises on March 20, 2010.

The teacher taught business and computer skills at Calhoun Falls Charter School. He was charged with criminal sexual conduct with a minor and preforming a lewd act on a minor. He was arrested and charged after one of the young girl’s family members allegedly found conversations between him and the child. After discovering the conversations, the family member contacted police. Police investigated the conversations and then made the arrest.

The teacher is currently on administrative leave from Calhoun Falls Charter School while he awaits trial in Abbeville County’s jail. The young girl’s name has not been released in order to protect her privacy.

Source: The Post and Courier- “Charter school teacher arrested.” April 1, 2010.

All drivers, parents especially, need to check behind your car before reversing. The Center for Disease Control and Prevention after analyzing data reported that each week nearly 50 children are injured by cars reversing. On average two of these children will die due to injuries obtained in the accident. It has been found that in most of these accidents the person driving the car is a family member. Most new cars to day have a built in sensor on the back of the car that will alarm the driver if there is something behind the car when the car is shifted into reverse. Charleston child injury lawyers believe this is a wonderful feature to have on a car, but should not be solely relied on because many things are out of the sensor’s range.

Recently a 22-month-old boy was killed when he was accidently struck by an SUV. The driver of the SUV was the boy’s father. The father was backing his SUV down the driveway so he could wash the car. The boy and other children were playing in the garage and when the boy saw his father’s car reversing down the driveway he ran to the car. His father attempted to reach out of the drivers side door and grab his son. In doing so the father fell out of the car, leaving the car unattended. The child was fatally struck by the driver’s side front tire, causing massive head trauma. The unattended car then traveled across the street and struck a neighbor’s garage door before coming to a stop.

The boy was taken by ambulance to the Medical University Hospital, where he was later pronounced dead. Charleston County Police responded to the scene, taped it off with yellow crime-scene tape, and preceded to conduct an investigation. The investigation is still pending but no charges have been filed. A similar accident happened in 2007 in Goose Creek, when a 4-year-old girl was fatally hit when her father was backing up his pickup truck in the family’s driveway. Drivers please double check your surroundings before backing up your car, these extra seconds can make a life or death difference in a child’s life.

Source: The Post and Courier- “Boy dies in accident as dad backs SUV.” April 2, 2010.

Charleston motorcycle accident attorneys want you to remember to wear a helmet when operating a motorcycle or riding a bike. Helmets may not be fashion forward but can make a life or death difference when stuck by a car or truck. The National Highway Traffic Safety Administration estimates that a person driving a motorcycle without a helmet is 40 percent more likely to obtain a fatal head injury, opposed to motorcyclist wearing a helmet, and 15 percent more likely to incur a nonfatal head injury.

A 22-year-old man died Sunday, April 4th in McClellanville from injuries he received in a collision involving his motorcycle and a pick up truck. The accident was near the intersection of River Road and U.S. Highway 17 around 5 p.m. The motorcyclist crashed his bike into the back of the pick up truck and was not wearing a helmet Lt. Martin Fields of the Charleston County Sheriff’s Office reported.

The pick up truck driver was taken to the hospital but was later released after being treated for minor injuries. The motorcyclist, who’s name has not been released yet because authorities have not been able to contact family members, was from Surfside Beach and was pronounced dead a the scene of the accident.

Source: The Post and Courier- “Motorcyclist dies after hitting truck.” April 5, 2010.