South Carolina Injury Lawyer Blog

With 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" »

In 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" »

Your 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" »

Your 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" »

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

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

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

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

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

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

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

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

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

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

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

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

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

Your 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" »

In addition to the four serious motor vehicle accidents discussed in the last post by your South Carolina workers' compensation lawyers, yesterday's Post and Courier also reported on a fatal trucking accident that occurred in Cherokee County.

As the trucking industry continues to grow, serious trucking accidents are increasingly common. When sharing the road with these heavyweights, you are at a clear disadvantage: in trucking accidents, individuals in the passenger vehicles account for 98% of deaths. However, this incident does not side with statistics, the only lives lost in this accident were the driver and passenger in the tractor trailer.

The accident happened Sunday morning when the driver of the truck hit bridge abutment of South Carolina Highway 150 that overpasses Interstate 85.

The impact of truck hitting bridge caused the truck's driver to be ejected from the cab, as well as cause the truck to burst into flames. Sadly, it wasn't until the flames had been put out by responding emergency personnel that the second victim was found in the sleeping cab of the truck.

Continue reading "Tractor Trailer Hits Overpass, Killing Two and Damaging Bridge in Cherokee County" »

Not too long ago your South Carolina wrongful death lawyers discussed several train accidents that occurred within a 24 hour span, as well as noted how dangerous, not to mention illegal, it is to go around railroad crossing arms when they are down. But, last Friday, Friday the Thirteenth, a dump truck made an illegal left turn onto a set of tracks and was hit by a commuter train.

The monstrous impact of truck and train was described as something similar to an explosion by passengers, sending the train off the tracks, shattering windows, and starting a fire on car one. As for the dump truck, your truck accident attorneys mentioned in the last post on trains that it is highly, highly unlikely for an individual inside a motor vehicle to survive a collision with an oncoming train, and sadly this incident sided with the statistics. The driver of the dump truck was killed.

Thankfully, none of the passengers onboard Metra Train 636 suffered serious injuries. But, 30 or so people, including the train's engineer, were taken to local hospitals after the collision.

Continue reading "Your Charleston Personal Injury Attorneys Talk Train-Truck Accidents" »

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.

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" »

While 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" »

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" »

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.

Continue reading "Single-Vehicle Collision Leads To Traffic Buildup and Another Crash" »

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" »

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" »

The Post and Courier reported yesterday a serious tractor-trailer accident. Two trucks were carrying loads of logs on U.S. Highway 21 near Ruffin, South Carolina, about an hour and a half from the offices of Charleston injury attorneys. One of the two drivers was pronounced dead on the scene by the Colleton County Coroner.

The 28-year-old Branchville man who died in the collision was traveling south on U.S. 21 when the other logging truck involved failed to yield the right of way, turning onto the highway from a side road. The wreck sent logs onto the cab of the Branchville man's truck cab, trapping him and making it impossible for Colleton County Fire and Rescue workers to free the man until heavy machinery was brought in to remove the logs from the scene, according to the South Carolina Highway Patrol.

Continue reading "Branchville Man Dies in Logging-Truck Collision " »

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.

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

Charleston accident attorneys at Howell and Christmas are concerned about the growing issue of distracted driving. The use of cell phones and other hand-held devices while driving can often cause serious, and sometimes even fatal, automobile accidents.

Just recently, a trucker negligently caused the death of a woman by talking on his cell phone while driving. The woman, Barbara Williams, was a passenger in a vehicle driven by her daughter, Lori Adamo. When the car stalled at a stop light, Adamo put on her hazard lights while one of the passengers got out and checked the hood. According to the complaint, it was then that the truck driven by William Ryan Ellis slammed into the car. In addition to speeding, Ellis was distracted by talking on his cell phone at the time of the accident and did not notice the stalled car in the road.

The impact of the collision killed Williams and seriously injured Adamos and the other passenger. Plaintiffs say that Ellis, an employee of the industrial drill bit manufacturer Varel International, was driving in the scope of his employment, therefore the company may be liable for the accident.

Williams’ family filed the suit and is charging Varel with negligent training, supervision, and hiring. They are also charging Ellis with negligence.

Source: Thomson Reuters-“Trucker on Cell Phone Caused Fatal Accident, Suit Alleges”- October 20, 2009.

Charleston tractor trailer accident lawyers at Howell and Christmas want to raise awareness about truck accidents and injuries. One man is dead after his Ford Ranger was struck by a semi truck in Middletown, South Carolina. The driver of the semi truck failed to stop at a stop sign and hit the car driven by Jerry Ondersma of Middletown, causing it to flip several times. According to Middletown police, the accident took place at Manchester Avenue and North Clinton Street.

A passenger in the Ford Ranger, Gordon Ondersma, was ejected from the vehicle after the impact. He was pronounced dead on the scene by the Butler County Coroner’s Office. Jerry Ondersma suffered serious injuries and is being treated at the Atrium Hospital.

The driver of the semi truck was James Franklin of New Ellenton, South Carolina. Police are still investigating the accident.

Source: WCPO- “One Dead After Middletown Truck Collision”- Sept. 16, 2009.

South Carolina tractor trailer accident lawyers know that it is very important to gather all available evidence as soon as possible after a tractor trailer accident has occurred. Those seriously injured by the negligence of a truck driver are at an extreme disadvantage if they do not hire experts to preserve this evidence early on. Every case is different but it is very likely that the trucking company will have representatives on the scene of the accident in short order, sometimes even the day of same. That means that the soon to be defendant in the case has the opportunity to interview all witnesses to the crash, photograph the accident location and obtain, and in some cases even alter, evidence of the wreck.

Understanding the above, there are a few basic pointers that anyone hurt by a tractor trailer crash should know. This list is only the tip of the iceberg and should serve as a reminder of basic steps that should likely be used to preserve evidence in a tractor trailer accident case. First, they will want to interview everyone at the accident scene. This includes lay witnesses (i.e. other drivers and bystanders), the police, fire and other emergency services personnel that are called to assist with the crash site. Second, be sure to take video or photographs of the vehicles in the wreck and the scene itself. Given that almost every cellular phone now has a camera there is no excuse for not taking pictures unless someone is incapacitated by their injuries caused in the accident. Third, have a mechanic and/or engineer perform a full inspection of all vehicles involved in the accident and especially the 18 wheeler to access damages to each and to determine if any vehicle had problems with it that may have contributed to causing the crash. Fourth, consider bringing on an accident reconstructionist to help decipher and recreate what happened to cause the collision.

In addition to the above, everyone with access to a computer can get a lot of good information from several web sites that are important to the tractor trailer industry. While the National Highway Traffic Safety Administration (NHTSA) applies to all motor vehicles that travel in the United States, it is a great place to start and can provide information from the recalls and defective conditions to child safety seats. Another great source of information is the Federal Motor Carrier Safety Administration. This site provides lots of learning opportunities and addresses rules and regulations, safety and security as well as registration and licensing requirements for tractor trailers. The possibilities of places to look on the Internet are endless and only limited by the imagination of the user looking for information accidents involving 18 wheelers and buses.

Continue reading "South Carolina Tractor Trailer Accidents - Preserve The Evidence Immediately Or It Will Die On The Vine" »

Another driver was injured during a tractor trailer accident in South Carolina just last week according to a blueridgenow.com report. The accident happened on interstate I-26 when an 18 wheel truck flipped while driving west on I-26. This serious accident happened during rush hour traffic. It is a minor miracle that no other cars were hit by the truck and that no one was seriously injured or killed during the accident. The injured truck operator was transported to an area hospital in Spartanburg where he was treated for his injuries and later released. There were no details in the report as to whether the driver sustained serious injuries due to the accident.

The truck involved in the crash originated out of Charleston, South Carolina. The area where the crash occurred is known as the Saluda grade and caused a traffic jam during the early morning rush on July 10, 2009. Apparently, the truck flipped over off the side of the interstate after it was headed down an decline on the road. The driver lost control of the 18 wheeler and crashed it off the road.

The report included an interview with Jason Sama of the South Carolina Highway Patrol who stated that the driver of the truck was a 61 one year old man named Keith Scott. He apparently drove the tractor trailer off the shoulder of the road and crashed into the trees along the side of the interstate.

Source: Truck driver released from hospital, Blueridgenow.com, Times-News Online, July 10, 2009

18 wheeler truck accidents continue to cause death in South Carolina. WSPA news in the upstate of South Carolina reports two fatalities in separate accidents involving trucks in just a little more than one month.

The first accidental death happened on the morning of July 7, 2009, when a tractor-trailer collided with a pick up truck causing the death of a passenger riding in the back of the truck. The collision occurred on Interstate 85 in the upstate of South Carolina. The accident took place mile marker fifteen on the interstate. According to the South Carolina Highway Patrol, the driver of the pickup was heading North on I-85 when he crashed his vehicle into the rear end of the 18-wheeler.

According to the report, Highway Patrol officers said that the truck was towing a boat behind it and was driven by a man from Greenville. Reportedly, there were a number of passengers in his vehicle at the time of the wreck. The deceased was in the back of the truck, was not wearing a seat belt or any other safety restraints and was tossed out of the back upon impact.
The driver of the pickup was injured as a result of the collision and was taken to AnMed Health.

The tractor-trailer operator was reported to live in Georgia. While officers continue their investigation into what caused the accident, Channel 7 reports that authorities believe that the driver of the pickup truck was traveling too fast for conditions. Again, the case is still under investigation and no official report has been filed as of yet.

Nearly one month earlier, a man from Newberry who was riding a bicycle was found dead after he was hit by an 18-wheeler. The accident happened early at night on SC-121 which is very close to Newberry. Reportedly authorities stated that the man entered the road where he was struck by an 18-wheeler. The man died but the official cause of death was still to be determined after an autopsy was performed.

One Dead After I-85 Accident In Anderson County, WSPA Channel 7, Published July 7, 2009.

Newberry Man Killed on Bicycle; Hit by 18-Wheeler, WSPA Channel 7, June 2, 2009.

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