Anderson SC Personal Injury Attorneys Blog

Prom nightmare: South Carolina teen dies in car accident

2012-05-17T05:27:45Z

A car accident is usually the last thing on any teenager's mind on prom night. Instead, a teenager is typically thinking about the various things that they look forward to at the prom and spending some time with their classmates who they may not be able to see after graduation. However, too many South Carolina teenagers never have a chance to enjoy life after school and instead are victims of a fatal car accident.

One South Carolina school is mourning after one teenager was killed in a fatal accident early on May 6 after the prom. The accident happened after the prom when four teenagers met up and decided to have fun at a bowling alley. While heading toward the bowling alley, the driver turned right from a left-hand turn lane. A pickup truck slammed into the passenger door.

]]> Though three of the four occupants of the car sustained injuries not thought to be life-threatening, an 18-year-old girl ultimately died from head and chest injuries sustained from the accident. The 21-year-old pickup driver also sustained non-life threatening injuries. As can be expected, this has been a sobering wakeup call for all teenagers and their families.

The loss of the young woman is tragic and her family and loved ones are likely reeling from the effects of the car accident. Though nothing can replace the life of the young woman who was lost in the accident, her family will probably want to know exactly what happened to cause the young girl's death. To that end, the official accident report and other relevant evidence may help them understand what went wrong and if any negligent or possibly criminal actions gave rise to the fatal tragedy.

Source: CBS Charlotte, "Teen Dies After Prom From Car Crash Injuries," May 6, 2012

Hit-and-run accident kills passenger in Aiken County

2012-05-09T06:10:48Z

Nobody wants to be in a car accident, but there are few accidents that are more feared than a head-on collision. Often, those who are inside a vehicle in a head-on collision are seriously injured or even killed. For those who sustain only minor injuries in that type of car accident, they are considered to be very lucky. Unfortunately, one South Carolina resident who was a passenger in one car was not so lucky and died in a fatal car accident.

The accident occurred on May 1 in Aiken County. A westbound SUV collided with another vehicle in a head-on crash. A passenger from the other car was killed in the accident, though the extent of injuries suffered by others involved in the crash was not initially reported. Two passengers in the SUV were said to have been taken to the hospital, but they were expected to survive their injuries.

]]> The SUV driver's whereabouts were initially unknown in the aftermath of the accident, and police investigators believe he fled on foot. He was subsequently arrested and booked at the Aiken County Detention Center. Further details about how the cars collided and what happened in the moments leading up to the fatal crash are largely unknown, and South Carolina Highway Patrol was said to be handling the investigation.

There are a lot of questions concerning the car accident which will hopefully be cleared up as the investigation goes forward. If the investigation shows that the SUV operator acted negligently in a manner that caused the collision, it may be possible for the surviving family of the victim to file a wrongful death claim. Additionally, others who were injured may have the right to seek monetary damages through a personal injury lawsuit. While nothing can undo what has already occurred, a successful claim may provide reimbursement for medical expenses and other damages attributable to the crash, including any pain and suffering endured as a result.

Source: WRDW, "Man in custody after allegedly fleeing from scene of fatal Aiken Co. accident," May 3, 2012

Father and son healing after South Carolina motorcycle accident

2012-05-01T21:41:47Z

Many times, a motorcycle accident doesn't end well, especially when a car is involved. Unfortunately, a motorcycle is not much of a match against a car, no matter how small that car is, and many collisions end in serious injuries or fatalities. With this said, one Anderson County family is lucky after a father and his 11-year-old son survived a motorcycle accident.

The accident happened on April 20. The father, a 39-year-old man who is a pilot for the Anderson County Sheriff's Office, had been riding that evening with his son on South Carolina 24. Just as they were going through the intersection at Oneal Ferry Road, a car coming from the road turned, apparently without looking, and crashed into the motorcycle. The driver was later cited for failure to yield to right of way.

]]> The father and son were rushed by helicopter to Greenville Memorial Hospital. Fortunately, they healed from the injuries sustained from the crash fairly quickly, though the boy was still in the hospital two days after the collision. By then, the father had been discharged from the hospital while his son was pronounced to be in good condition. As can be expected, many from the community are thrilled that they seem to be on the mend, and it is hoped that they will continue to recover from their injuries.

While it is fortunate that those who were injured in this motorcycle are healing, the fact that this motorcycle accident occurred in the first place is disturbing. As investigators have cited the driver, it may be possible for the man to file a claim for monetary compensations in order to pay for any medical expenses, property damage, and any other pain and suffering which both he and his son are experiencing from the accident.

Source: Anderson Independent Mail, "Motorcyclist and his son recovering from collision ," Jennifer Crossley Howard, April 22, 2012

South Carolina man killed in car accident when pickup driver runs stop sign

2012-04-25T23:41:03Z

One common piece of advice given to new drivers in South Carolina is to always expect a car accident around every corner. The idea behind this advice is that it gives awareness that not everybody follows driving laws, and so it's best to be cautious and watch out for everything, even though you might be doing everything correctly. A recent car accident that took the life of a 20-year-old man highlights how breaking even the smallest traffic law can lead to tragedy.

The young man, a resident of Wagener, was driving his Honda Civic northbound on New Holland Road when a pickup truck apparently barreled through a stop sign. The truck, a Ford F-150, slammed into the driver's side door, trapping the young man in the vehicle. The young man was declared dead at the site of the car accident, while his passenger, a 19-year-old woman, was severely injured as a result of the accident. She was taken by helicopter to a Columbia hospital.

]]> The pickup truck driver apparently blamed the collision on a faulty accelerator, which he said was not working correctly to allow him to stop in time. An investigation into the particulars of this accident is ongoing, and may play an important role in any future claims for personal injury liability. It was not immediately known if the pickup driver or his passenger was injured in the collision.

The family of the young man will surely be interested in the results of the investigation. South Carolina law may provide them with the right to file a wrongful death claim for monetary compensation that can be used for final expenses or as reimbursement for other designated damages. For the young woman who was injured, if the results of the investigation show that she was a victim of negligence, she may also wish to file a claim for personal injuries against any negligent parties to compensate for her monetary damages occasioned by the life-altering wreck.

Source: Midlands Connect, "Truck fails to stop at stop sign, kills young Wagener man ," Kara Durrette, April 20, 2012

Greenville motorcycle accident: Cyclist in critical condition

2012-04-19T23:40:09Z

When a car accident involves a motorcycle, the motorcyclist usually gets the short end of the stick. This may very well be the case in one South Carolina motorcycle accident that occurred in Greenville, in which the motorcyclist was hospitalized in critical condition as a result of the crash. The collision involved a motorcycle and a Honda car and took place on S.C. 81 South at about 9:15 p.m. on April 7. The Honda driver was apparently unhurt.

The cyclist was reportedly thrown from his motorcycle when the Honda driver turned left in front of him in order to turn into the parking lot of a convenience store. The victim was reported to have been wearing a helmet and was taken to Greenville Memorial Hospital, where he underwent brain surgery the following day. He was still in critical condition in the hospital's neurointensive care unit as of two days after the crash.

]]> If the man is able to survive his injuries, he will surely have a long recovery period in front of him. Not only will he face mounting medical bills at a time when he is likely unable to work, but the physical and emotional pain may well be substantial. As he fights to recover from his injuries, he will probably want to review the official investigative report from the motorcycle accident as well as all related evidence in order to understand his rights and responsibilities.

In South Carolina, the law permits those who are seriously injured through the negligence of another to pursue a personal injury claim against the at-fault party. A successful claim could include financial reimbursement for medical expenses, lost wages and pain and suffering related to the injuries suffered.

Source: Anderson Independent Mail, "Motorcyclist is still in critical condition ," Mike Ellis, April 9, 2012

Woman reportedly under the influence causes deadly motorcycle accident

2012-04-09T17:48:06Z

A South Carolina woman who was reportedly under the influence was arrested in connection with a fatal motorcycle accident that occurred on April 1. She was charged with felony driving under the influence that contributed to causing the fatal motorcycle accident that took the life of a South Carolina man.

The accident happened in Clinton. The motorcyclist was traveling eastbound when a car turned off from the road, directly crossing the victim's path. As a consequence, the motorcycle and car collided. The 67-year-old victim was transported to Greenville Memorial Hospital, where he later died from injuries sustained in the crash. Upon an investigation of the crime scene, police determined that the car driver, a 51-year-old woman, was allegedly under the influence, leading to the criminal charges lodged against her.

]]> While any fatal motorcycle accident is certainly tragic, this particular motorcycle accident is seems more so because it seems as if it could have been avoided so easily. If the ability of the accused woman to drive was indeed impaired, it may have contributed to her inability to notice the biker as she apparently pulled off from the road while the biker was still in the lane.

South Carolina law recognizes the right of surviving family to pursue a wrongful death claim when a fatality is caused by the negligent or intentional actions of another. A successful claim will not bring the victim of this motorcycle accident back to life. But it may provide monetary relief for expenses and other damages incurred, including any pain and suffering inflicted as a result of the accident. It also may help send a message that driving under the influence kills and will not be tolerated on the roadways of our state.

Source: FOX Carolina 21, "HP: Driver charged in deadly Clinton crash ," Casey Vaughn, April 2, 2012

Wrongful death: Restaurant sued for its role in fatal crash

2012-04-04T16:14:26Z

Last December, an alleged drunk driver rear-ended another vehicle on the Ravenal Bridge in Charleston. The car that was struck then crashed into a wall and burst into flames, killing the 32-year-old driver, who was badly burned in the collision.

The at-fault driver was subsequently charged under South Carolina law with felony DUI. Now, the victim's surviving family has filed a civil wrongful death lawsuit against the restaurant where the accused man worked that night as an assistant manager.

]]> The wrongful death lawsuit alleges that the restaurant allowed the assistant manager to drink alcohol there after the restaurant had closed for the night and then let him drive off in his own vehicle without stopping him. In effect, the suit seeks to hold the restaurant liable for negligent actions that contributed to the cause of the fatal car accident that followed. For its part, the restaurant says it was only responsible for the assistant manager during working hours. Reports indicate the restaurant has asked the court to dismiss the lawsuit.

This much is clear: a restaurant employee left his work, caused a fatal accident and subsequently was charged with a felony DUI. Now the victim's family seeks monetary damages against the restaurant based on a wrongful death claim. While it remains to be seen how South Carolina courts will decide the pending cases, they underscore the tragic conclusion that drinking and driving kills. Nothing can alter the circumstances that befell the deceased victim, but a successful wrongful death claim may help the family gain some sense of closure while seeking to hold negligent parties accountable and obtaining some monetary relief for expenses and other damages incurred.

Source: WCSC, "Owner: Husk not responsible for man involved in fatal accident ," March 20, 2012

Beach trip turns to horrific car accident; 2 dead, 6 injured

2012-03-26T23:20:38Z

On March 18 it was a sunny day at Folly Beach, in the southeast part of South Carolina, and many families were on the only road leading to and from the seashore, hoping to have a chance to play on the South Carolina beach. However, for the occupants of four vehicles, the day took a turn for the worst. A tragic car accident occurred, leaving two people dead and six injured, including children.

Details of the accident, which happened around 1:05 p.m., were sketchy. A 33-year-old man and 73-year-old man died at the scene, and both were local residents. Six other people were injured, however their identities, ages and conditions were not immediately available, though it is known that some of them were children. This accident closed the road for nearly three hours, leaving many people stranded at the beach and many others stranded on the road.

]]> The cause of the accident is still uncertain, but the Charleston County Sheriff's Office has been busy reconstructing the scene and interviewing eyewitnesses. The Folly Beach Public Safety director hopes to have the investigation done in several weeks, in which the cause of the accident will hopefully be understood. At this point, he warns that any guesses as to the cause of the accident would be speculation.

As the results of the investigation emerge, those who were personally affected by the car accident will no doubt want to know and understand how such a tragic accident could have happened. They may also have the opportunity, depending on the results of the investigation, to file for a legal claim under South Carolina law, either in the form of a wrongful death action or a personal injury claim. With time, it is hoped that they may heal from the pains that this horrific accident has caused.

Source: The Herald, "2 dead, 6 hurt in crash at SC beach ," Dave Munday, March 19, 2012

Motorcyclist injured after car pulls out in his path

2012-03-19T23:47:01Z

Although motorcycles only represent about 3 percent of registered vehicles, according to the National Highway Traffic Safety Administration, motorcycle accidents make up for almost 11 percent of all highway fatalities in the United States annually. A collision between a vehicle and a motorcycle can often lead to death or severe injuries for the motorcyclist, as evidenced in a recent crash.

A 58-year-old biker was reportedly heading down a South Carolina road shortly before 10 a.m. when a vehicle driven by a 21-year-old woman pulled out in front of him. The motorcyclist collided into the driver's side of the car.

]]> According to reports, he was seriously injured and flown by helicopter to the Medical University of South Carolina. Though the man's further condition was unknown, it is surely hoped by his friends and family that he will quickly recover. Police authorities claim that he had been wearing his helmet at the time of the crash, an action which may have saved his life. The woman was not injured during the accident and had been wearing her seatbelt.

While this motorcycle accident will hopefully result in the victim's full recovery, a legal basis may exist for a claim of negligence against the car driver. While it was not immediately disclosed if the woman was charged in connection with the motorcycle accident, South Carolina courts are open to those seriously injured due to the negligent actions of others. Depending on the results of the official investigation and other evidence, a successful claim could include compensation for medical expenses, lost income and other damages, including any pain and suffering related to the injuries suffered.

Source: ABC News 4 Charleston, "Police: Car pulls out in front of a motorcycle, seriously injuring biker," March 8, 2012

Contaminated eggs recalled in South Carolina, across U.S.

2012-03-17T18:04:15Z

In recent times there have been many news stories about people becoming ill or even dying from tainted food products. The seriousness of these tainted products can span across the United States as food is mass produced and distributed.

When the negligence of a food producer leads to the injury or even wrongful death of an innocent person in South Carolina, the victim or the victim's family may choose to hold the producer responsible through civil court proceedings. Seeking compensation sends a clear message to producers to take responsibility for the safety of their products, and can also help cover medical costs, lost wages, and funeral costs.

]]> Recently, a food recall of some 15,000 pails of eggs in brine has affected South Carolina and 33 other states. The hard-boiled eggs were tested and it was revealed that some may be contaminated with listeria. Listeria can have very serious effects and may even be fatal for young children, those with weak immune systems, and for the elderly. In total, more than a million eggs are being recalled and the contamination likely came from a repair in a packaging room at the company's plant in Nebraska, according to reports.

The eggs were not sold directly to retailers but were purchased by food distributors and manufacturers for institutional use. They are being recalled by Michael Foods, a Minnesota food company and were being sold under six brand names: Glenview Farms, Papetti's, GFS, Columbia Valley Farms, Silverbrook, and Wholesome Farms.

The U.S. Food and Drug Administration reported that as of right now there have been no reports of illness due to the contaminated eggs.

Source: USA Today, "Minn. food company recalls about 1 million eggs in 34 states," The Associated Press, Feb. 3, 2012

Conditions of head-on car accident victims improve

2012-03-13T18:23:08Z

There are few car accidents more frightening than a head-on collision. In collisions such as these, the victims almost always suffer injuries, many of which can be very serious. This was demonstrated in one South Carolina head-on collision, where all four occupants of the two-vehicle car accident were injured, including a 3-year-old child.

On March 9 in the morning, a 33-year-old man was traveling eastbound on SC 24. On the two-lane bridge which spans Hartwell Lake, he veered over the center line and struck a westbound vehicle head-on. South Carolina Highway Patrol is currently investigating the cause of the accident, and no formal charges have as yet been issued concerning the wreck.

]]> The 33-year-old and his 3-year-old passenger were flown by helicopter to Greenville Memorial Hospital. The 33-year-old was reported to be in fair condition on the day following the car accident but the condition of the 3-year-old child was unreported. The occupants in the Yukon were taken to AnMed Medical Hospital, where they were improved to good condition the next day.

It is hoped by family and friends that all those who were injured in the car accident will continue healing. Though it is fortunate that this accident avoided the fatalities that often happen in head-on collisions, this consolation does not minimize the pain and suffering of those injured.

Victims suffering serious injuries in South Carolina car accidents are entitled to seek monetary compensation from accidents caused by the negligence of others. Depending on the results of this investigation, victims of this car accident may decide to seek compensation for any injuries as well as related pain and suffering created by the negligence of another party.

Source: Anderson Independent Mail, "Conditions upgraded for two people hurt in Friday crash in Anderson ," Kirk Brown, March 10, 2012

Tired truck driver causes fatal truck accident

2012-03-11T01:37:49Z

A man was killed in a South Carolina truck accident in August 2011 when his 18-wheeler struck three vehicles. The 69-year-old man who caused the truck accident ran off of the road after falling asleep at the wheel. After attempting to maneuver his tractor-trailer back onto the road, he lost control of the vehicle. A pickup truck and an SUV were dragged into oncoming traffic and all slammed into another 18-wheeler, driver by a truck driver from North Carolina. Both truck drivers were killed.

It was later confirmed by the coroner that the 69-year-old tractor-trailer driver had a sleep disorder, which potentially endangered other truckers on the road before the fatal accident occurred. The North Carolina 18-wheeler driver's wife is now speaking out against the dangers of tired truckers. The woman spoke to a crowd in North Carolina and stated that commercial truck drivers who are tired are placing other drivers on the road at risk.

]]> While news reports do not confirm whether or not the tractor-trailer driver was aware of his sleep disorder during his time as a truck driver or if he was tired before he began his route, his family may still be held liable for the death of the other truck driver due to potentially negligent behavior.

In South Carolina, many truck drivers are on the road late at night. Truck accidents can be common on I-85 and other major highways in the state. Any time a driver makes a decision to get behind the wheel when they are tired or distracted, that increases the potential for a truck accident to occur.

Source: WBTV 3 Charlotte, "Wife of NC trucker killed in SC crash speaks out," Feb. 26, 2012

New bill seeks to ban texting and driving in South Carolina

2012-03-01T01:43:07Z

Not long ago we highlighted the dangers of distracted driving and the impact texting and driving is having on accident statistics in South Carolina. To reiterate that post, drivers are about 23 times more likely to experience a car accident if they're texting while behind the wheel. Anderson residents may be interested to learn that the state is taking its concerns one step farther. A bill that would ban texting and driving statewide will soon be headed for the South Carolina House floor.

The statewide ban is receiving nearly unanimous support and received no opposition on the committee or subcommittee levels. The bill, which seeks to stiffen penalties for people who are caught texting and driving, will be a step up from the "stripped-down" penalty that was passed last year. The new bill proposes a $100 fine for anyone caught texting while driving. Additionally, they will be fined $25 for the Trauma Care Fund and receive two points on their driver's license. If another driver or passenger is injured as a result of their actions, texters could face between $2,500 and $5,000 in fines, as well as mandatory prison time. If a distracted driver causes an accident that results in death, the penalty would increase to between $5,000 and $10,000 with an extended prison sentence.

]]> The sponsor of the bill -- Rep. Don Bowen -- believes people finally understand the dangers of texting while driving -- a fact that may improve the bill's chances at passing both the House and Senate. One interesting study revealed that drivers who text or read text messages while behind the wheel experience a worse reaction time than drivers who are driving under the influence of alcohol. This is one reason that proponents of the bill believe stiffer penalties are a must in getting people to stop.

Anderson residents would likely agree that new South Carolina laws may improve the safety of the state's roadways. However, it is also safe to say that some drivers will continue to text while behind the wheel. And whether distraction occurs as a result of texting or some other circumstance, accidents resulting therefrom are no less tragic. People who find themselves victimized by an accident that resulted from the negligence of another driver may find some solace in exploring their rights and options within the legal system.

Source: SC Now, "Texting ban bill headed to the SC House floor," Ellen Meder, Feb. 9, 2012

Wrongful death? Cyclist killed in Anderson car accident

2012-02-25T18:21:40Z

Anderson residents may be saddened to hear of the recent death of a cyclist who was killed just a block from his home after being hit by a car. The 45-year-old man's wrongful death was made all the more tragic as the man was reportedly rebuilding his life after being homeless for a brief time. Although police continue to investigate the accident, a spokesman for the Anderson Police Department did not believe any charges would be filed.

The accident happened on Feb. 9 at around 8 p.m. The 45-year-old cyclist was wearing a dark jacket at the time, which could explain why the driver of a Honda Accord struck him. Nonetheless, motorists have a duty to pay careful attention to the road, and even if the driver was not criminally liable, he may still be civilly liable.

]]> When a victim dies as the result of someone else's negligent or willful conduct, the incident may provide grounds for a wrongful death lawsuit. Such suits are typically filed by the victim's surviving family members, and it can help recoup compensation not only for any medical expenses, but also for funeral expenses and for pain and suffering. While the law certainly cannot make amends for the loss suffered by the family members, it can help them with monetary compensation.

In this case, the motorist may well have been negligent in not paying enough attention to the road. The family of the deceased cyclist may thus consider the possibility of filing a wrongful death suit against the driver.

Source: Anderson Independent Mail, "Friend says bike rider was rebuilding his life before fatal accident," Feb. 10, 2012

Distracted driving a big issue on roads

2012-02-14T00:49:17Z

Roads in South Carolina are plagued with car accidents that can occur due to a variety of circumstances, but when an accident is caused by negligent behavior, it can leave victims and their families with unanswered questions.

Officials and families of victims are trying to shine a light on distracted driving, which took more than 3,000 lives in 2010. The U.S. Transportation Department says drivers are 23 times more likely to crash when they text and drive. As these statistics plague the roads, family members are setting up nonprofits, such as FocusDriven, which concentrates on bringing more attention to the dangers of cellphone use while driving. Officials have set up a campaign called distraction.gov in order to address the issue as well.

]]> Although distracted driving has been brought to light due to cellphone use, it has been an issue for a long time, officials say. Distracted driving can come from eating and drinking while driving, tuning the radio or even talking to a passenger. Police detailed a tragic crash that killed three people on U.S. roads due to distracted driving. A husband and his wife were killed and their two young sons paralyzed after a sport utility vehicle crashed head-on into their car. The driver of the SUV lost his wife in the crash. He was apparently trying to find a DVD in his car when he swerved into the oncoming lane.

When drivers make the negligent choice to be distracted by other circumstances while driving, they are inevitably putting their life at risk as well as those around them and may be held liable for their negligent behavior.

Source: MySA, "Distracted driving gets attention," Michelle Koidin Jaffee, Feb. 13, 2012