Florence-Myrtle Beach Personal Injury Lawyer - Automobile Accidents

Ignoring the Dangers of Texting While Driving May Lead to Serious Consequences

Will Parker — Thu, 30 Jul 2009 16:53:00 GMT

In today’s world, cell phones have become as necessary as the air we breathe and the food we eat. The desire to be connected to others on a 24/7 basis, however, does not come without its dangers. Almost everyone is guilty of using their cell phone while driving, and most people do not take the time to heed the warnings of the thousands of studies carried out each year to try to curb this bad habit.

The Virginia Tech Transportation Institute (VTTI) recently conducted a study to demonstrate just how dangerous operating a vehicle while using a cell phone may be. It used high tech cameras in personal vehicles to provide an accurate portrayal of each person’s elevated level of distraction while texting. Although all cell phone usage seems to be hazardous while operating a vehicle, the institute found that texting was the most dangerous activity. The increased danger in comparison to other cell phone activities is caused by the driver’s need to focus his or her eyes away from the immediate roadway in order to read or respond to messages. Just a second’s glance at a text message increases the risk of an accident by over 20 times.

The institute believes that by encouraging additional studies into cell phone dangers, the public at large will be able to better understand the risks they are taking behind the wheel on a daily basis. For the full press report on the findings of The Virginia Tech Transportation Institute, click on the following: http://www.vtti.vt.edu/PDF/7-22-09-VTTI-Press_Release_Cell_phones_and_Driver_Distraction.pdf

Roadways are distracting enough as they are, without the additional diversion of a mobile phone. On almost every road in America there are construction areas, potholes and people who lack the ability to drive in a proper manner, among other things.

Although this is all common knowledge, or should be at this point, most states have failed to pass any laws that prohibit cell phone use.

Only New York, Washington, New Jersey, Washington, D.C., Connecticut and California have complete bans on cell phone usage while driving. To find out if your state has implemented any part of a cell phone ban, click on the following link: http://www.cellular-news.com/car_bans/

I’m sure that most people can recall a time or two when they have checked their cell phone while driving and suddenly ended up veering partially into either the opposing lane or into the curb. Everyday I see people who just barely avoid bumping into the back of another car because they found it necessary to finish typing out the text message that they began writing only moments earlier. Apparently the basic knowledge that a traffic light requires all drivers to stop becomes new information when one is in the midst of texting. Therefore, it’s ironic that most people need these kinds of studies with numerical evidence of deaths and accidents in order to convince them to ban their poor cell phone habits.

As an American who also likes to stay connected with friends, family, business partners, ect., I can honestly say that I value the ability to use my cell phone when I desire to. Nevertheless, although it may be inconvenient not to have the ability to respond or look at my cell phone while driving, I do believe that a ban is necessary.

At the proper age it is a parent’s responsibility to teach their children to drive appropriately on the roadways. Since the time that children are young, they are told to wear their seatbelts. I remember my mother making it absolutely necessary for me to be buckled in before the car was even moving. This was to ensure my safety in the possibility of a wreck. The lesson of not texting while driving should be taught alongside this fundamental knowledge. After all, both lessons have the ultimate goal of roadway safety.

Teens that are just receiving their permits or licenses need to focus on learning the patterns of the roads and those of other drivers. It is difficult enough for a beginner driver to concentrate on the road with music, other vehicles and endless activity, without the added distraction of a cell phone. At the very least, the government should step up and ensure that drivers under the age of 21, who are just becoming acquainted with the transportation system as a whole, be banned from any cell phone activity while operating a vehicle.

Several other suggestions have been made in order to stop the unnecessary accidents and ignorance plaguing the roadways. People need to encourage their politicians to make a change to the federal laws of the United States. There are many countries where cell phone use in a moving vehicle is completely banned. This list can also be accessed through the cellular-news link appearing above.

Many of these countries are ions behind the United States in their technology and knowledge, yet they understand that a ban is necessary to protect their people. A possible explanation for this lack of implementation may have something to do with the cell phone company’s ties to the government of the United States. The government has avoided making public the outright evidence of the dangers of mobile use while driving. Why should we let our government put a lower value on our lives than those of people living in other countries?

The bottom line is that a change needs to be made sooner rather than later. One must ask themselves a series of questions in order to clarify the situation at hand. Is the text message that you just received really worth the possibility of shelling out hundreds or thousands of dollars in vehicular damages to either your car or someone else’s? Greater yet, is that cell phone conversation more important to you than your life and the life of others on the roadway? I’d hope that the answer is ‘No.’

Originally posted at InjuryBoard by Will Parker

Settlement in Kershaw County Malpractice Case

Mike Kelly — Thu, 16 Apr 2009 18:08:33 GMT

I recently represented a woman who suffered debilitating ankle injuries in a motor vehicle accident that occurred in 2002 in Kershaw County, South Carolina. As a result of the accident, my client incurred two painful surgeries and sustained injuries that directly affected her ability to ambulate and drive. My client was no longer able to enjoy the once simple pleasures in her life, consisting of gardening, horseback riding, and playing with her grandchildren. In addition, she was unable to continue in her employment as a substitute teacher which imposed a significant financial burden on the household.

The case was settled for $250,000 against the client’s original attorney in a legal malpractice claim arising from her attorney’s failure to restore the case to the docket after filing a 40(j) motion. As a result of this misconduct, my client was barred from recovering against the at fault driver in a case where liability was clear. The settlement ended a six and a half year ordeal of frustration and anxiety that had pushed my client to her emotional and financial limits.

Originally posted at InjuryBoard by Mike Kelly

Roadside Guardrails.. Protecting Lives!!!!

Will Parker — Thu, 22 Jan 2009 11:55:00 GMT

For the past couple of years, the South Carolina Department of Transportation has worked very hard to erect guardrails along our highways. This comes after a rising number of deaths could have been prevented by such safety devices. Statistics have proven the installation of the guardrails are saving lives. So, what criteria does the SCDOT use in determining the placement of guardrails?

"Their placement is determined by traffic volume, road narrowness and the number of reported crashes in any given area," stated a spokesperson for South Carolina Highway Patrol. The spokesperson went on to say "We love them. We think it saves lives and reduces fatal and serious crashes."

Considering President Obama's economic stimulus plan, that includes the creation of local and state jobs, hopefully we SCDOT will be able to complete their quest to ensure our safety.

Originally posted at InjuryBoard by Will Parker

Drunk Driving Crackdown!!

Will Parker — Tue, 20 Jan 2009 11:46:37 GMT

Over the recent holiday season, including this past weekend, local & state law enforcement agencies cracking down on the drunk drivers on our roadways. The Myrtle Beach Police Department hosted their “Sober or Slammer” campaign and stated, on a per person average, more officials were on duty than ever before. Local police have stated the number of DUI’s in the South Carolina are significantly higher than the number of homicides. Considering the number of fatalities related to DUI accidents and how many intoxicated drivers are not caught and/or prosecuted, the numbers are staggering.

The Myrtle Beach Police Department’s Police Chief, Warren Gall says, “As the economy continues to get worse, history tell us that our citizens are going to seek out some relief. And as we know, most often they seek out the relief in the form of increased substance abuse. And that’s unfortunate, but that is a fact. For law enforcement, this means an increase in impaired and intoxicated drivers. We know that we can not fight this alone and they are asking for the public’s help."

Public safety officials say that while this year traffic fatalities are down compared to last year, the percentage of DUI related fatalities is higher. So, it is important, in addition to not driving impaired, to make sure to be careful of others on the road. If Chief Gall is correct, even the off-season in Myrtle Beach can be dangerous.

Originally posted at InjuryBoard by Will Parker

Auto Accidents - What am I Owed?

Will Parker — Thu, 20 Nov 2008 11:41:14 GMT

So you get in an accident and it is not your fault. This scenario, which occurs on a daily basis, is frustrating to say the least. Many times, the victim simply wants to get the process over with. Insurance companies know this and, on many ocassions, will contact injured parties quickly in order to induce a quick settlement.

DO NOT MAKE THE MISTAKE OF ACCEPTING A QUICK, PRESSURED SETTLEMENT!

I have heard so many horror stories involving injured parties that accept settlement amounts that don't even cover their initial medical expenses, more less future medical care, pain and suffering, etc...

You need to keep in mind how many ways an automobile accident can affect your life....

Medical care and related expenses

Income lost because of the accident, because of time spent unable to work or undergoing treatment for injuries

Permanent physical disability or disfigurement

Loss of family, social, and educational experiences, including missed school or training, vacation or recreation, or a special event

Emotional damages, such as stress, embarrassment, depression, or strains on family relationships -- for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations, and

Damaged property.

The role of an attorney is to work to ensure you receive a fair and reasonable settlement, after considering each and every way you have been "injured" by an accident. Attempting to settle without the help of an attorney can be a very costly mistake. Keep in mind, almost all personal injury attorneys will speak with you at no cost. Further, almost all attorneys will only recover a fee if they are successful at obtaining a settlement in your favor. Particularly with the current economic climate, an attorney is essential to obtaining a favorable settlement. Don't go it alone!

Originally posted at InjuryBoard by Will Parker

Auto Accidents and the Importance of an Attorney

Will Parker — Fri, 17 Oct 2008 05:00:53 GMT

So, you’re driving along Highway 501 on a beautiful Friday afternoon. Your windows are down and you are singing along to your favorite radio station. The traffic light changes to yellow when suddenly you hear screeching brakes. You instantly look up to witness a pickup truck has slammed into the back of your car.

After being examined by EMS, you wonder where do I go from here…? This is when you should contact an attorney, making sure no one will try to take advantage of your injuries. Often times, insurance companies of the at-fault driver will do anything to reach a settlement with you as soon as possible. The end result is you failing to receive the compensation you are entitled to.

Contacting the right attorney can help you gather the necessary information to ensure you are properly compensated for any injuries sustained. Attorneys will interview witnesses, obtain police reports and obtain medical reports to prepare a case to present to the insurance company.

There is no charge for initial meetings withmost South Carolina personal injury lawyers. Initial meetings are essentially an assessment meeting when your attorney examines your claim and advises you whether or not you have a claim. Also, the attorney will identify strengths and weaknesses of your claim. Unlike other types of cases, accident lawyers work on a contingency basis meaning they only get paid if you get paid. Knowing this, your attorney will do their best to get you the highest settlement possible to help compensate for your injuries.

Don’t go through the process of collecting on your injuries alone, contact an attorney today!!

Originally posted at InjuryBoard by Will Parker

Drivers Beware... Bambi Runs There!!!!

Will Parker — Wed, 15 Oct 2008 16:14:23 GMT

Drivers Beware…. Bambi Runs There!!!!!

Dropping tempatures, less tourists, and shorter days can only mean one thing… fall has arrived. I love the fall. I love football. I love deer….especially venison, but that is beside the point. Though a great time of year for many besides myself, there is a downfall…an increase in the number of collisions, injuries and deaths resulting from deer-related car crashes. Their migration and mating season runs from October through December. This time period results in a dramatic increase in the number of deer-related accidents.

“Drivers should be especially cautious just before and after sunrise and from sunset to midnight when deer tend to be moving more. Also, buckle up and pay attention to all deer crossing signs,” states the South Carolina Insurance News Service.

Statistics show each year there are more than 1.5 million deer-auto collisions resulting in tens of thousands of injuries along and approximately 150 deaths. These accidents, totaling over 1 billion dollars in vehicle damage nationwide, are a serious concern. Insurance companies, covering the damages under your comprehensive portion of your automobile policy estimate the average cost per claim $2,600 nationwide, but can run as high as $11,000.

The South Carolina Insurance News Service suggests taking these precautions while driving:

Drive with caution in posted areas and in areas known to have a large deer population - especially in the early morning and evening hours.
If you see a deer cross the road, look for others. Deer often move in groups.
If you think you’re going to hit a deer, then brake firmly and stay in your lane. If you swerve to avoid it, the results can be even worse. If you hit the deer, do not touch it. Call the police immediately to report the incident.
Use your high-beam headlights to see the eyes of the deer better on and near the roadway. Also, blow your horn to frighten the deer away.
Heed deer crossing signs, lower your speed, always buckle up and stay awake, alert and sober.
Contact your insurance agent or company as quickly as possible to report any damage to your car.

So, for your sake (and Bambi’s, as well) please be careful or call me if you’re not!

Originally posted at InjuryBoard by Will Parker

Drinking and Driving vs. Riding and Driving

Will Parker — Mon, 06 Oct 2008 21:10:41 GMT

I have always wanted a Harley. That’s what many of us lawyers do. We wear suits all day and seek some other form of expression. I am now considering abandoning that idea. Here’s why…

The U.S. Department of Transportation recently released statistics on the number of drunk driving accidents in the U.S. states in 2007. Despite a significant decrease in DUI-related deaths in 32 states, half of the same states experienced a significant increase in DUI-related motorcycle fatalities.

Overall there where 12,998 drunk driver-related deaths that occurred last year:

• 7,283 of the victims where drunk drivers.
• 2,067 victims were riding with the drunk driver.
• 1,361 fatalities were motorcyclists that were intoxicated.
• 81 of the deaths were passengers of intoxicated motorcyclists.
• 1,431 victims were occupants of other motor vehicles.

It is not surprising two of the states with a high rate of fatalities were North Carolina and South Carolina. What can be done to increase safety awareness? Higher fines and more jail time for intoxicated drivers is all I can come up with off the top of my head. If you can think of other measures, please post them!

In tune with my idea, a proposed reform package imposing stiffer penalties for both first time and repeat offenders may go into effect next year. The proposal’s goal is to eliminate the glaring loopholes defendants often utilize to get back on the road.

Originally posted at InjuryBoard by Will Parker

Sumter County, South Carolina Woman speaks out! Her 12 year old son killed by a Drunk Driver

Will Parker — Sun, 28 Sep 2008 14:24:00 GMT

Recently a Sumter County mother spoke out about her life since her 12-year-old son was killed in car crash when the pickup her and his father were traveling on Highway 378 was hit head on by an Ohio woman.

"Wonderful child, Great sense of humor, made people laugh all the time," says Tina Berry.

Christian's mom says she's still struggling with her emotions, but trying to channel her loss into constructive change.

"I just pray that people will think before getting into a car and drive drunk," says Tina Berry.

"I'm angry. Very angry. My mind races. I... I can't function," she said.

At the time of trial, The Highway Patrol charged the woman, 46-year-old Dianne Brown, with felony DUI. Shortly after, a judge released Brown on $50,000 bond, another blow for the boy's mother.

"It's hard for me to believe that she was bonded out and the bond being so low. That was hard for the family to accept," says Berry.

After hearing of the penalty placed on the driver of the vehicle, the Berry’s as well as other members of Christian's family say they feel let down by the court system and they want to work with MADD and state lawmakers to get tougher on drunk driving.

Instances such as this one, when a young 12 year olds life is taken is really heart- wrenching. An individual who could have potentially been a great asset to our global well-being instantly had his life taken by a drunk driver. Some individuals nowadays seem to disregard the seriousness of operating a vehicle while under the influence and fail to realize the damages they could potentially cause. All we can do is hope that penalties are increased and the severity of fines imposed upon the individuals who chose to get behind the wheel after drinking are increased as well.

Allegedly, a reform package is set to go into effect next year creates stiffer penalties for both first time and repeat offenders, establishes a new system of penalties based on intoxication levels and is supposed to get rid of loopholes that help defendants.

Originally posted at InjuryBoard by Will Parker

Auto Accidents and the Role of an Attorney

Will Parker — Fri, 26 Sep 2008 14:08:50 GMT

While recent reports state accidents resulting in fatalities are decreasing, the numbers of deaths which are occurring are unnecessary and, in more cases then not, preventable. Even though safe driving campaigns continue to make an impact on our drivers today, accidents still occur and when they do the retention of an attorney is almost always necessary.

Statistics show that one major cause of accidents one our roadways today are due to distracted drivers. Sometimes drivers are on the cell-phone and it leads to an accident. Investigation by an attorney, or if a lawsuit is filed, the discovery process utilized by attorneys are the best way to obtain witnesses, cell phone records or other potential causes of an accident. I’m sure you have all heard news accounts of people changing radio stations, eating, drinking, putting on makeup and even shaving while driving. These can all be the causes of severe accidents...and are all preventable.

Contacting the right attorney can help you gather the necessary information toensure you are properly compensated for any injuries sustained. Also, many times attorneys can help you receive needed medical treatment by writing a letter ensuring payment to a medical provider.

Often times, plaintiff’s attorneys are cast as villains, when in reality insurance carriers will do anything possible to deny a legitimate claim. So, if you or someone you know is involved in an accident, please do not hesitate to contact an attorney who is experienced in dealing with automobile accidents who can assist you from start to finish with your claim.

Originally posted at InjuryBoard by Will Parker