A recent South Carolina case has a sad ending after an 11-year-old boy was shot and killed. The young Greenville boy was playing with friends close to his home when he was shot with a 9mm handgun. Three children were apparently present in the home where the accident occurred. The parents had left their 9 and 12-year-old children at home, and the victim and the 12-year-old child were in the parent's bedroom.
]]> Authorities believe the older boy was attempting to get money out from underneath a mattress when the gun was discovered. Details surrounding exactly what happened are sketchy, but the gun was apparently jammed and then fired suddenly. The victim was struck in the neck, causing his death.At this time, prosecutors in North Carolina do not believe they have enough evidence to warrant criminal charges and believe the tragedy was an accident. Although no one will be charged criminally, the surviving family of the victim may have the right to pursue a wrongful death lawsuit against anyone whose negligence caused or contributed to the fatality. One issue could focus on negligence claimed against the parents of the 12-year-old for leaving a loaded weapon in the unattended house in a manner that could lead to injuries to children.
Source: WISTV, "Shooting of 11-year-old SC boy ruled an accident," Associated Press, May 3, 2012
]]>The president of a workers' compensation consulting firm offered some advice for workers seeking benefits. In order to qualify, you must have fallen ill or become injured while performing your job. This could include getting sick from something you've been exposed to while working. However, just because you're injured at work, doesn't mean you automatically qualify. The injury or illness must have also been work-related. For example, if a coworker's spouse comes to the workplace and starts shooting a gun at her spouse but misses and hits you, you likely wouldn't get workers' compensation. But if a co-worker was the one shooting, you probably would.
]]> One important thing to remember when seeking workers' comp is to ensure each accident or illness verified by a doctor as being caused by work is reported to the right people. This could include an immediate supervisor or the human resources department. The company will likely give you an incident report and should assist them in obtaining medical treatment. Make sure to get something in writing to document the matter was reported.Similarly, you must make sure that doctors or medical personnel are aware that the injury occurred on the job and medical records detail the circumstances surrounding the injury in writing. This could help ease the workers' compensation process along. Also, asking your employer to explain their workers' comp coverage can avoid mistakes in paperwork or later misunderstandings. South Carolina workers injured on the job should ensure they are up to speed on their employer's policies in the event a workplace accident occurs. Doing so can get them the benefits they need quickly and hopefully with little hassle.
Source: STL Today, "10 Things to Know About Workers Compensation," Dona DeZube, May 1, 2012
]]>The man passed away shortly after arriving at Medical University Hospital. Toxicology reports were not available at the time of the news story. A person who was with the 23-year-old that night said the ladder they had used to climb to the roof was slippery with dew, making it a possible factor in the tragedy that took place. Charleston police have not found signs of foul play yet.
]]> An 18-year-old man who was one of the first to see the incident called 911 as soon as he saw the man on the ground. He said the victim was bleeding profusely from the head.Although police believe the fall in South Carolina was an accident, one perplexing fact gives rise to the need for further investigation. The victim's body was actually found on the other side of the street from the house, and no reasonable explanation was given as to how that could have occurred. However, the family may still have the legal right to pursue a wrongful death claim in this accident should a full investigation demonstrate that the negligence of another individual caused the death. They may wish to continue monitoring the police investigation as they decide what -- if any -- legal actions they may take.
Source: Newstimes, "Greenwich man dies after fall from roof in S.C.," John Nickerson, April 17, 2012
]]>As a result of fatal accident, the 18-wheeler driver has been charged with reckless homicide. The victim was a veteran of the United States Navy, serving during Desert Storm, and was remembered as someone who loved life and mentored others. He was engaged to be married next year.
]]> The man's fiancée believes the person responsible for the accident has shown no remorse for his actions, but hopes that others can learn to have more compassion and slow down for others on the road. In the man's honor, the biker group "Warhorse Brotherhood" presented employees at Veteran Villas with $5,000 to be used to benefit homeless veterans.Motorcycle accidents in South Carolina can be prevented, and using vigilance and care on the roads can help do that. While the truck driver is facing criminal charges, the victim's family may also have the right to pursue a civil claim against him, seeking financial compensation for any negligent actions that were deemed to have caused this tragedy. In cases like this, any compensation received can help the surviving family pay last medical costs, funeral expenses and other expenses. It will not change the circumstances of this tragedy, but a successful claim could serve as a measure of justice for a seemingly senseless crash.
Source: News 4 Charleston, "Local veteran remembered following deadly crash," Nikki Gaskins, April 16, 2012
]]>The car accident led to three people being taken to the hospital. A driver lost control of her 2012 Dodge Caravan, which authorities attributed to an apparent vehicle malfunction, the nature of which was not disclosed in a news report. The South Carolina Highway Patrol says the malfunction caused a 62-year-old woman to lose control and crash into the porch of a house on the afternoon of April 14. Before hitting the house, the vehicle struck a 10-year-old boy riding a bicycle, hit two parked cars and eventually stopped upon crashing into the porch.
]]> A 39-year-old woman happened to be sitting on the porch at the time of the collision. All of the people injured in the accident were transported to Grand Strand Regional. Their injuries are said to be non-life threatening. While police have stated that no charges will be forthcoming as a result of this car accident, that is not necessarily the end of the story.South Carolina car accidents like this one are not only scary, but they are potentially life-threatening. The cause of the apparent vehicle malfunction is unknown, but it was serious enough to cause the driver to lose control. Those injured, as well as those who suffered property damage, will likely be interested in knowing about the apparent vehicle malfunction. If the car accident was caused due to the negligence of another in maintaining the vehicle properly, or in selling or installing a defective part, that party could face a personal injury claim as a result. While it is premature to assess exactly what occurred, a full investigation of sales and maintenance records may shed light on the matter for those who wish to assess the viability of pursuing a successful claim to recover monetary damages occasioned by the incident.
Source: Myrtle Beach Online, "Three injured after car strikes juvenile bicyclist, house in Myrtle Beach area," Brad Dickerson, April 14, 2012
]]>The accident occurred about 11:20 p.m. on April 1 at Glenn McConnell Parkway and Magwood Drive. An 84-year-old man was attempting to turn left on Glenn McConnell when he accelerated directly into oncoming traffic. The motorcyclist, stopped at the intersection, was struck, resulting in severe injuries.
]]> The elderly man was taken to the Charleston County Detention Center. He has been charged with felony DUI. An MUSC spokesperson reported that the victim's condition has been upgraded to fair. However, the accident left him with pelvic fractures and multiple traumatic injuries.Motorcycle accidents, just like other motor vehicle collisions, can come out of nowhere, catching the victim off-guard. That was certainly the scenario in this case, and the motorcyclist likely had little chance of getting out of the way. Unfortunately, such incidents are often the result of negligent driving. When someone makes the conscious decision to drink and drive, they place others at risk. Tragically, some of those people end up seriously injured or even killed due to the poor judgment of a drunk driver.
From the extent of the man's injuries, it is likely he will have a lengthy recovery period and incur substantial medical costs and related expenses. While the car driver has been criminally charged by South Carolina authorities, the injured motorcyclist may also have the legal basis to file a personal injury claim. Though a claim may not stop other motorcycle accidents from occurring, a judicial determination of negligence may send a message that drinking and driving will not be countenanced on our roadways.
Source: WCSC, "Motorcyclist hit by alleged drunk driver in 'fair' condition," Cameron Easley, April 2, 2012
]]>The vehicle hit several trees and eventually overturned. The trooper was seriously injured and transported Greenville Memorial Hospital by medical helicopter. He is suffering from two fractured legs, burns to his feet, a broken wrist and potentially damaged ribs. The trooper underwent surgery and was listed in stable condition at the time of the reports. The motorcycle driver is still at large.
]]> Fellow officers pulled the trooper out of his badly mangled vehicle. Fortunately for the officer and his family, it appears that he will recover from his injuries. The extent of the injuries suffered will likely require a long recovery time, so this trooper will probably be out of work for quite a while, which is likely to place a financial strain on his family.When an on-the-job accident occurs, workers are typically eligible for workers' compensation, regardless of who was responsible for the accident. This South Carolina officer will probably need all the assistance he can receive at this time due to the serious nature of his injuries. This police officer was providing a valuable service to his community by trying to improve road safety and was injured while doing so. Hopefully the man will soon find relief from his pain and suffering, so he can get back to serving the needs of the public.
Source: WSPA-TV News, "Trooper Injured In Crash While Chasing Motorcycle Slowly Recovering," March 20, 2012
]]>On Sunday, March 18, a four-car accident left six people injured and caused two deaths. The multi-car crash occurred about 1:05 p.m. Authorities say the collision occurred at Folly Road and Bowen Island Road. Both deceased men, who were 33 and 73 years old, respectively, were residents of Folly Beach. The younger man died at the scene of the car accident, and the older man perished while being rushed to a local hospital.
]]> Initially, there were not many details disclosed about the accident, but both the Folly Beach and Charleston County Sheriff's Office investigators were said to be working on piecing together the circumstances of the accident. Six others, including minors, were also sent to local hospitals, though their names, ages, and conditions were not released. Eyewitnesses were being interviewed and the accident scene was being documented and reconstructed. While the investigators did say they hoped to have a more complete understanding of what happened in a few weeks, they did mention the weather was bright and sunny with good visibility conditions.Local and county police didn't have much to go on at first and felt that making any determination would be premature. Regrettably, South Carolina car accidents are sometimes unavoidable, even in the best weather conditions. Staying vigilant and driving defensively are two actions that drivers can employ to minimize chances to being a victim of car accidents in South Carolina. For those who are injured, personal injury claims may be appropriate when an accident was caused by the negligent actions of another. Similarly, the surviving family of those who lose their lives may elect to pursue a wrongful death claim based upon allegations of negligence on the part of one or more parties in causing the deaths.
Source: Herald Online, "2 dead, 6 hurt in crash as SC beach," Dave Munday, March 19, 2012
]]>The collision occurred in the early morning hours of March 8 when a southbound log truck happened upon a vacant vehicle that was sitting in the middle of U.S. Highway 301 near SC 47. When the truck veered to avoid hitting the stalled vehicle, which had apparently struck a deer, it instead hit the two men who were standing nearby.
]]> The men, a 43-year-old from Orangeburg and a 20-year-old from Vance, were pronounced dead at the scene. The Orangeburg County Coroner's office stated that both died from blunt force trauma. The truck driver was transported to a local hospital but is expected to make a full recovery. The accident is still under investigation by the highway patrol and coroner's office, and there has been no indication if charges are pending.While it is too early to make any conclusions about the circumstances of this South Carolina collision, authorities investigating fatal truck accidents typically look at a number of factors. Road conditions and lighting may be of interest, as well as the log records of the truck driver to determine whether or not fatigue could have played a factor. Hopefully the investigation will help the families of these victims gain some sense of understanding as to why this tragic accident occurred.
Source: WCSC, "Two men hit, killed by log truck after hitting deer," Jason Old, March 8, 2012
]]>The recall has been issued due to the possibility of the front wheel jarring loose during use. It can cause the stroller to tip, posing a serious hazard to adults who may be pushing the stroller as well as to children who are strapped into it. Three users of the recalled strollers reported injuries suffered as a result of the hazard, though it is unknown if others have been hurt as well.
]]> The United States Consumer Product Safety Commission is asking consumers to continue reporting any incidents or injuries in conjunction with the use of the jogging stroller.It is fortunate that the users of this stroller suffered relatively minor injuries, though any incidents involving serious injury could result in a product liability claim against all parties deemed negligent. Manufacturers are required to ensure the safety of their products before releasing them to the general public. Injuries to children are an unacceptable consequence of inattentive manufacturing processes, and companies may be held liable for the harm their product may cause. Any parent in South Carolina who has purchased the recalled stroller should stop using the product and contact the company for more information.
Source: U.S. Consumer Product Safety Commission, "Kelty Recalls Jogging Strollers Due to Fall and Injury Hazards," Feb. 23, 2012
]]>Since the accident, medical bills have amounted to about $80,000, not including future bills. The family hopes to get some type of settlement from the state which, they say, had the responsibility to ensure that the train was safe to ride. After an investigation, it was determined that the train derailed due to excessive speed. The train had no speed restriction device, and inspection reports were said to have been falsified by a state inspector.
]]> In South Carolina, state and local governments are partially protected under the state's Tort Claims Act. The law has been on the books for about 26 years, and some are hoping that it will be changed to reflect the higher cost of medical expenses such as those seen in this case. Currently, state law limits damages to $300,000 per individual or $600,000 for each occurrence, no matter the number of victims involved or the number of government agencies or entities being sued. The law is intended to help government entities avoid bankruptcy due to expensive lawsuits. Nevertheless, when injuries to children, such as those that occurred in this instance, are involved, the public takes an interest.A child and his or her family must not only deal with the injuries and their aftermath but also worry if they will be able to recover sufficient funds should it be legally determined that that state was negligent in a manner that caused or contributed to the horrific accident. These issues are complex, and any family so situated would do well to investigate their options thoroughly in order to decide what legal steps may be necessary to pursue the maximum recoverable amount for the benefit of their child.
Source: GoUpstate.com, "Families battle for help in aftermath of Cleveland Park train wreck," Stephen Largen, Feb. 12, 2012
]]>A 21-year-old Spartanburg woman with previous alcohol-related offenses was charged with DUI and multiple related offenses on Jan. 30. The car she was driving was involved in a collision that resulted in a fatality and injuries to two others. The collision occurred on Drayton Road up in Spartanburg County. Two westbound vehicles collided, causing one of them to veer into oncoming traffic, striking an eastbound car driven by a 67-year-old woman.
]]> The older woman was pronounced dead at the scene, and her husband -- a passenger in the vehicle -- was injured. A passenger in the car of the accused drunk driver was also injured. The defendant was already awaiting trial on other DUI and alcohol-related charges stemming from a Sept. 27 collision. In the Jan. 30 incident, she has been accused of felony driving under the influence resulting in death, two counts of felony DUI causing bodily injuries, driving under suspension and other charges.The victim's husband attended the bond hearing of the accused woman, requesting that she be kept in jail. The couple had been married for 35 years and had three children. He and one of his daughters spoke before the court of the profound effect this accident has had on the family.
This senseless accident caused a senseless wrongful death that could have been prevented. Nothing can atone for the loss suffered by the family. Nevertheless, South Carolina law does provide for the right of a victim's family to pursue a legal claim for wrongful death. While the compensation sought obviously cannot replace the life lost, it may offer some sense of justice to a grieving family as well as provide remuneration in the form of monetary damages for their loss. Similarly, the two individuals who were injured may decide to claim damages for their own personal injuries as well as any related pain and suffering.
Source: GoUpstate.com, "Spartanburg woman charged in fatal DUI case has previous citations," Feb. 9, 2012
]]>The accident occurred when one driver tried to turn and crossed the path of the other car. It is not clear at this time if the injured passengers were wearing seatbelts. The teen driver has been charged with a violation of his beginner's permit and a failure to yield. The crash is still under investigation.
]]> Driving without a valid license can result in serious penalties. For example, teen drivers who violate the terms of their beginners permits can face a delay in getting their license. Getting into an accident can also result in the driver being held liable for passenger's injuries.Passengers can experience back, neck and head injuries from car accidents, and the symptoms may not be apparent right away after the accident. If the injuries were the result of someone else's negligence, the passengers could be entitled to payment from the driver for medical bills, time off of work, pain and suffering, or any other costs associated with the injuries.
The extent of the injuries from this particular crash may not be known for quite a while. People who have been in a car accident should seek medical treatment promptly for any symptoms that could be a result of the crash, and contact an attorney if someone else may be liable for those injuries.
Source: The Times and Democrat, "Two taken to Columbia hospital after crash," Feb. 14, 2012.
]]>The bill would impose a $100 fine for being caught texting. If an injury results from texting and driving, the fine could increase to anywhere between $2,500 and $5,000, with a potential of five years in prison. If someone dies in a texting-related accident the driver could face fines between $5,000 and $10,000 and up to 10 years in prison.
]]> South Carolina officials say that stiff penalties will get people to stop the dangerous behavior.Several cities in South Carolina have already banned texting and driving through local ordinances. The statewide ban is backed by the State Transport Police, the SC Children's Trust, and the South Carolina Teacher's Association.
The new law also opens up more possibilities for victims of texting accidents to recover through a personal injury suit. Attorneys that specialize in car accident injuries can offer helpful advice for people who have been injured or who have lost a loved one in a car accident.
A 2009 study conducted by Car and Driver revealed that text messaging gave drivers worse reaction times than drivers who were intoxicated. There is already a federal ban on commercial truck drivers using electronics that are not hands-free. Trucks can have an especially devastating effect on smaller vehicles that they hit.
Source: SCNow.com, "Statewide texting ban advances in House," Ellen Meder, Feb. 9, 2012.
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