Avoid Truck Accidents by Avoiding Their Blind Spots

One reason why so many drivers like to drive SUVs and pickups is because they are higher off the ground and provide a better view of the road. So it stands to reason that many drivers would believe commercial truckers driving 18-wheelers would have the best view of the road. Unfortunately, this is not the case.

Large vehicles have large blind spots. Drivers of passenger vehicles have to show extra care when driving around big trucks because they may not be visible to the truck drivers. When you drive in a trucker’s blind spot, you’re at greater risk of being injured in a collision, especially if the truck driver attempts to slow down, speed up, turn, or change lanes.

Furthermore, because large trucks are more difficult to maneuver and take longer to slow down and come to a stop than passenger vehicles, by the time the truck driver realizes you are there, it may be too late for them to move out of the way.

By learning where the blind spots are on semi-trucks, you can more easily protect yourself on roadways by staying out of them.

Where Are the Blind Spots on a Tractor Trailer?

There are four major blind spots on a commercial truck: directly behind the vehicle, directly in front of the truck, and to either side of the vehicle extending out in a backward angle from the side mirrors.

Behind the Truck

There is a blind spot behind the truck for a length of about 30 feet, or about two car lengths. A good way of judging this is with the truck’s side view mirrors. If you can’t see the driver in their mirror, then they can’t see you.

This is one of the largest blind spots on a semi-truck, and an important reason why you should never tailgate a tractor trailer.

In Front of the Truck

The blind spot in front of a tractor trailer is about 20 feet, or slightly less than one and half car lengths, and an important reason why you should never cut off a large truck in traffic. If passing a truck, never pull in front of the truck until you can see the entire truck in your mirror.

If a truck is not keeping multiple vehicle lengths between its front bumper and your back bumper, there is a good possibility it may not see you, and you should attempt to change lanes if it’s safe to do so.

To the Left and Right of the Truck

Because the trailers on commercial trucks are so long, their side mirrors are designed to see what’s behind them more than they are to see what’s beside them, which can be a problem for drivers driving next to a large truck, especially since most passenger vehicles will be under the height of the mirrors.

On the left-hand side, the blind spot extends from slightly behind the left-hand mirror to about half the length of the trailer, and covers the lane immediately to the left of the truck.

On the right-hand side, the blind spot covers the full length of the cab and about half the length of the trailer in the lane to the immediate right of the truck, and from the front of the cab to about a car length behind the trailer in the lane two lanes over on the right.

Because the blind spot is smaller on the left-hand side, you should only drive on the left-hand side of a tractor trailer when possible, and if you need to pass on the right, do so quickly so you spend as little time in the blind spot as possible.

Have You Been Injured in a Truck Accident?

A fully loaded tractor trailer can weigh 80,000 lbs., and even an empty one can weigh as much as 35,000 lbs. That’s to say, getting hit by one can cause serious damage to not only vehicles but especially to people.

Truck accidents cause serious injuries requiring extensive medical treatment, which means they also require serious compensation for that treatment, and victims’ pain and suffering. Not just any car accident lawyer knows how to deal with the difficulties involving potentially multiple liable parties and insurance companies involved in truck accident claims.

Contact the experienced truck accident attorneys at Joye Law Firm today to learn why South Carolina trusts us with their truck accident claims.

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Can You Drink While Driving a Boat?

It’s nearly Memorial Day, which means plenty of South Carolinians will be celebrating the long weekend out on the water. However, it also raises the question, is it okay to drink while boating?

In South Carolina, determining this answer can be especially tricky, for two reasons:

1. It is LEGAL in South Carolina to drink alcohol while operating a boat, since the state’s open container laws don’t apply on the water.
2. HOWEVER, it is ILLEGAL in South Carolina to operate a boat while “under the influence of alcohol to the extent that the person’s faculties to operate are materially and appreciably impaired.”

Essentially, it only becomes illegal to drink while boating once the alcohol begins affecting you or you are over the legal limit, which is the same as when you are in a car (a BAC of 0.08% or higher). Keep in mind, you can still be considered “under the influence” even if your BAC is below the legal limit.

Because of South Carolina’s implied consent laws, if you are pulled over by law enforcement because you have been observed to be drinking while boating, expect to have to perform a breathalyzer test.

What Are the Penalties for a BUI in South Carolina?

If you are convicted of Boating Under the Influence (BUI), you will be fined and/or receive jail time (which may be commuted to community service for first or second offenses).

• First Offense: $200 in fines, 48 hours jail time, and six-month boating privilege suspension
• Second Offense: $1000-$5,000 in fines, 48 hours jail time, and 12-month boating privilege suspension
• Third Offense: $3,500-$6,000 in fines, 60 days in jail or up to 3 years in prison, and 3-year boating privilege suspension

However, if you injure someone while boating under the influence, the penalties are far harsher.

If someone is injured in a BUI accident, the person at fault can be hit with:

• $5,000-$10,000 in fines, and 30 days in jail to 15 years in prison

If someone is killed in a BUI accident, the person at fault can be punished with:

• $10,000-$25,000 in fines, and 1-25 years in prison

Can I Sue If I Was Injured in a Boating Accident?

Criminal charges are only intended to punish people who break the law, but they don’t do much to help the victims. However, that’s why civil lawsuits exist–to offer victims of negligence a way to put their lives back together again.

So thankfully, the answer is yes: if you were injured in an accident caused by someone who was operating a boat while drunk, they can not only be hit with criminal charges, but they can also be sued for your damages, including:

• Your medical expenses
• Your lost wages (if you are temporarily or permanently unable to work as a result of your injuries)
• Compensation for the physical pain and emotional suffering you experienced as a result of your injury
• In the case of fatal injuries, funeral expenses

 What About If The Person Driving the Boat Wasn’t Over the Legal Limit?

If you are injured, or if someone you love is killed, in a South Carolina boating accident because of the boat operator’s negligence, it doesn’t matter if they were over the legal limit or not. They can still be held liable for your losses.

Even when below the legal limit, alcohol can negatively affect a person’s ability to drive by making it harder to judge what speed they are going, impairing their vision and coordination, reducing their attention span, and making them more likely to make reckless decisions.

When a driver, whether they are driving a car or a boat, acts recklessly or negligently and harms other people, they can be held liable.

Call the Experienced Boating Accident Attorneys at Joye Law Firm

At Joye Law Firm, we know all too well how quickly boating can turn dangerous, especially when the people operating the boat are inexperienced boaters and/or drinking while on the water.

Boating accidents can result in devastating injuries, many times disabling ones. Victims of boating accidents need a great amount of compensation to get back to as close a place as possible to how they were before the accident. And insurance companies often try to pay the bare minimum, which often isn’t nearly enough.

Our personal injury lawyers don’t let that happen. If you or someone you love is a victim of a boating accident, contact us today for a free case review to learn how we can help.

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Who Do I Get Compensation from If I’m Injured by a Coworker?

When you are injured by someone else’s negligence, you can often pursue compensation through a personal injury claim. When you are injured in an accident at work, you can get compensation for your medical bills and lost wages through workers’ compensation, even if your employer wasn’t negligent in causing your injury.

But what happens if you are injured because of a coworker’s negligence? Is the coworker responsible, or your employer? South Carolina law requires that workers’ compensation insurance provide coverage for injuries caused by co-employees, so typically in this situation, you will apply for workers’ compensation benefits.

Are There Exceptions?

Yes, there are circumstances in which an injury caused by a coworker will not be covered under your employer’s workers’ compensation insurance.

To qualify, your injury must have occurred while performing work duties. This means, for example, if you were hit by a coworker’s car in the parking lot, that injury probably isn’t covered.

Furthermore, most workers’ compensation insurance policies specifically exclude injuries caused by “horsing around” with a coworker. Likewise, injuries caused deliberately, such as in a physical fight with a coworker, are also not covered by workers’ compensation.

Can I File a Lawsuit Against a Coworker Who Injured Me?

Yes, if you were injured in a way that doesn’t qualify for workers’ compensation, it may still be possible to get compensation by filing a personal injury lawsuit.

Injury victims can often seek more money through a personal injury lawsuit than through workers’ compensation, since they can also request damages for their pain and suffering. However, they also need to prove that their injury is the direct fault of their coworker’s negligence, which isn’t a requirement when filing a workers’ compensation claim.

Can I File a Lawsuit Against My Employer if a Coworker Injured Me?

In most circumstances, you cannot sue your employer over an injury that occurred during work, even if it was caused by a coworker.

However, it may be possible to sue your employer if you can prove that they were grossly negligent themselves. For instance, if they were aware that your coworker was highly likely to harm someone and did nothing to stop it, you may be eligible to sue your employer for damages.

An example might be if a coworker regularly came to work intoxicated and your employer was aware of it. If you were then injured as a result of an accident caused by that employee because they were intoxicated, you may be able to sue your employer for their negligence in not taking preventative measures.

What Should I Do If I’m Injured by a Coworker at Work?

You are eligible for workers’ compensation benefits after most injuries caused by a coworker, but the South Carolina workers’ compensation commission may deny your application if you don’t take certain actions before and during filing for benefits.

After an injury, make sure to follow these steps:

1. Notify your manager as soon as possible.
2. Document your injuries.
3. File an accident report, including when, where, and how the injury occurred, as well as who was involved.

Do I Need a Lawyer If I Was Injured by a Coworker at Work?

While a lawyer is not necessary to file a workers’ compensation claim, we often recommend hiring a lawyer to help you file your application, as many otherwise valid claims can be denied for things as simple as missing a deadline or filling out your paperwork incorrectly.

A lawyer can help ensure your application is accepted the first time around, and if it was denied when you tried filing yourself, can also help you file an appeal to get the money you need.

If you aren’t sure whether or not your injury qualifies for workers’ compensation, or if you need to pursue a personal injury claim against your coworker or employer, contact the experienced South Carolina personal injury attorneys at Joye Law Firm.

In a free consultation, we’ll discuss the details of your case with you and go over your best path forward to compensation. Call today to get started.

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Wellness Programs Reduce Employee Injury Rates

According to insurance data, American employers pay an estimated $1 billion every week in workers’ compensation benefits for disabling, non-fatal injuries.

Employers, and insurance companies providing workers’ compensation insurance, don’t like paying out on claims for injured employees, and employees don’t like getting injured on the job! But new research shows that investing in employee wellness programs could actually drastically reduce the risk of employee injury in the workplace.

Wellness Programs Are a Win-Win for Employers and Employees

Employers may already know that creating a wellness program for employees can improve employee satisfaction and reduce the risk of illness for employees (which means fewer employees needing to use up their sick days and improved efficiency because fewer employees are working while ill).

However, wellness programs can also reduce the risk for accidents in the workplace that cause both short- and long-term disabling injuries, including strains and sprains – the #1 category of on-the-job injury.

Three Health Conditions that Contribute to Workplace Injury

Some injuries don’t happen in isolated incidents, but instead happen gradually over time. These are called repetitive stress injuries, or “overuse” injuries, and can include carpal tunnel, tendonitis, and even stress fractures.

One way that wellness programs can prevent occupational injury is by catching symptoms of physical strain earlier and treating them before they become a problem.

Another way is by helping treat other health conditions that could make it more likely for an employee to become injured. When wellness programs make it easier or more affordable for employees to treat these conditions, it can also prevent potential future injuries.

Examples include:

Obesity—Studies show that people with a Body Mass Index (BMI) of 25 or higher have nearly double the risk of experiencing occupational injuries, especially musculoskeletal injuries (like injuries from overexertion or falls).

Wellness programs can make it easier for employees to manage their weight, and thus protect themselves from an increased risk of injury.

Smoking–Everyone knows that smoking is bad for your lungs, but you might not know it’s also bad for your bones. Smokers are more likely to experience fractures and broken bones than non-smokers, and their fractures also take longer to heal than those of non-smokers. For companies interested in introducing a wellness program, including a tobacco cessation plan is key.

Depression­–Depression is the leading cause of disability in the United States and worldwide. However, it is extremely important to clarify that people suffering from symptoms of depression are more likely to experience accidental injury than those without depression (and it has nothing to do with any intent to harm oneself). Insomnia, difficulty concentrating, and memory problems are all symptoms of depression, and all can make it easier for workers to experience accidents and injuries in the workplace.

Wellness programs should always include a mental health aspect, which can help not only workers suffering from depression but also help workers suffering from stress or anxiety, both of which are also known to increase workers’ risk of accidents.

We Help Victims of Workplace Injuries Get the Benefits They’re Entitled To

Unlike normal personal injury claims, employees are still eligible to receive workers’ compensation benefits even without needing to prove their employer was negligent. However, many valid workers’ compensation claims are still denied for reasons as simple as missed deadlines or incorrectly filed paperwork.

If you experienced an injury on the job or while completing work duties, you deserve compensation to cover your expenses until you’re back on your feet, and we want to make sure you get it. Contact our firm today to discuss your workers’ compensation claim with one of our experienced South Carolina workers’ compensation attorneys.

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Can You Receive Workers’ Comp for Anxiety or Stress?

When we think of injuries covered by workers’ compensation, we often think first of physical injuries suffered in the workplace, such as injuries from falls, overexertion, or cumulative trauma caused by repetitive motions.

But South Carolina workers’ compensation benefits also may be available to employed workers who suffer from mental health injuries, such as debilitating anxiety and stress. To qualify, the injured worker must show that the anxiety or stress is caused by “extraordinary and unusual” conditions of their job or that the condition is a side effect of a physical injury suffered on the job.

These are stricter eligibility standards than in some states, and they may be used by insurers to try to deny benefits to workers who have valid claims. If you are suffering from job-related anxiety or stress that keeps you out of work, you should consult our experienced South Carolina workers’ compensation attorneys at Joye Law Firm. We can assess your workers’ comp claim. If we believe you should be entitled to benefits under South Carolina workers’ compensation law, we’ll fight for you to receive the benefits you deserve.

S.C. Workers’ Comp Requires ‘Extraordinary’ Cause of Stress or Anxiety

Workers’ compensation is no-fault insurance coverage provided by businesses to most employees in South Carolina. It pays all medical expenses and a portion of lost wages to a worker who has been injured on the job or due to circumstances arising out of job duties and who, because of the injury, cannot return to work within a week.

Generally speaking, no one questions paying workers’ comp benefits to a worker who suffered a broken leg in a fall on the job site. But mental health injuries are invisible and therefore more easily challenged.

Just about anyone in the workforce feels anxiety and stress over some aspect of their job at some point. For many who work under tight performance standards or deadlines, stress is a constant issue. This is different than the kind of debilitating anxiety and stress that rises to the level of someone being unable to work.

To qualify for workers’ compensation due to anxiety or stress, the bar is high – very high. First, you would need a doctor’s diagnosis that you are disabled by a mental illness, such as by one of the five major anxiety disorders, which include Generalized Anxiety Disorder (GAD) and Post-Traumatic Stress Disorder (PTSD).

Second, in South Carolina, you must prove your disabling stress or anxiety was caused by extraordinary and abnormal working conditions that are not a normal part of your job. This rule stems from a case known as Brandon Bentley v. Spartanburg County, and S.C. Association of Counties SIF. In it, the S.C. Supreme Court denied workers’ comp benefits for a sheriff’s deputy after he was diagnosed with anxiety and depression following a shooting.

The Court agreed with the state workers’ compensation commissioner who had previously ruled that the shooting was a standard and necessary condition of a deputy sheriff’s job. Therefore, the deputy’s mental injury was not due to anything unusual arising out of his employment. According to one report, the workers’ comp commissioner “noted that deputies received training on the use of deadly force and that the deputy admitted that he knew he would sometimes be required to use deadly force in the course and scope of his employment.”

The Court stated in this 2012 opinion that it was “constrained to decide this case according to the standard mandated by the General Assembly” and suggested that “this standard should be updated to account for the scientific and technological progress in medicine and psychology, which have undermined the old public policy argument used to deny” benefits for mental illness caused by mental trauma. Though such legislation has been introduced to make it easier for first responders to receive benefits for a mental injury, none has passed.

Further, workers’ compensation law (SC Code § 42-1-160 (C)) specifically recognizes several situations incidental to normal employer/employee relations that might cause anxiety or stress but would generally not qualify an employee for benefits.

Situations that might cause anxiety or stress but do not qualify an employee for benefits.

• Performance appraisals or salary reviews
• Disciplinary actions
• Demotions or promotions
• Transfers
• Job termination.

To obtain workers’ comp, you would have to be able to show that the job conditions that caused your stress or anxiety were extraordinary and unusual in comparison to normal work conditions. This might include any number of scenarios, such as being subjected to an armed robbery as a convenience store clerk or another act of violence in an office setting, or a major incident that threatened your physical well-being.

The third requirement of a claim would be to present medical evidence that your ongoing anxiety or stress is a result of extraordinarily stressful employment conditions.

Alternatively, if you develop a psychiatric injury after a physical injury (many workers experience depression once it becomes clear that they will not be able to return to their former employment due to their injuries), you may be entitled to benefits for the same.

Stress or anxiety that is caused by a work-related physical injury may qualify for workers’ compensation benefits if:

• The employer or insurance carrier agrees, or
• A physician’s statement attests to the relationship between the two, or
• A psychologist or psychiatrist finds a causal relationship or connection.

We Can Help You File for Workers’ Compensation Benefits

While the bar is very high for workers to collect benefits for a disabling psychiatric injury, it’s not impossible. We understand that such extraordinary events sometimes occur, and that anxiety and stress are real and can be debilitating. In fact, we’ve helped many clients receive workers’ compensation for mental injuries after a trauma at work.

We can’t promise results, but the attorneys at Joye Law Firm can help you seek all the workers’ compensation benefits available to you by law after a workplace incident that has left you or your loved one incapable of returning to work due to anxiety and stress.

Our firm can help you file for workers’ compensation or appeal an unsatisfactory decision about your claim. If needed, we can refer you to medical professionals for a second-opinion diagnosis. The second opinion may supplement the information in your medical file and strengthen your case when presented to the Workers’ Compensation Commission.

Joye Law Firm can help you make sure your diagnosed anxiety or stress disorder is properly documented and that all paperwork is completed and filed on time. We can help ensure that all medical treatment you have received is documented, so that those costs may be fully reimbursed in your workers’ compensation settlement.

One of the biggest problems that injured workers run into when trying to handle their own claim is navigating the bureaucracy.  Incomplete or incorrect paperwork, missing deadlines, and failing to get proper medical documentation can all kill a workers’ claim. If you’re looking for a DYI tip on handling your own mental stress and anxiety claim, here’s one – don’t! You’ve been through enough. Let a professional workers’ compensation attorney take it from here.

Let Our Workers’ Comp Lawyers Help with Your Anxiety or Stress Claim

If you or a loved one suffers from disabling anxiety or stress caused by a traumatic event related to employment or a catastrophic workplace injury, you may have a valid claim for South Carolina workers’ compensation benefits. Employers often challenge mental illness claims, and ill workers can have a tough time fighting for justice in a system that is complex and unfamiliar to them.

Our attorneys know the South Carolina workers’ compensation system. Joye Law Firm has fought for injured workers in South Carolina since 1968. Call a Joye Law Firm workers’ comp attorney at 888-324-3100 or fill out our online contact form for a free consultation about developing a strong workers’ comp claim.

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Cars Are Often at Fault for Collisions with Motorcycles

When most people hear about a car hitting a motorcycle, they automatically assume the motorcyclist must have been speeding, or zipping through traffic recklessly and without signaling. But the truth is that the data shows that in the vast majority of collisions involving a motorcycle and a passenger vehicle (over two-thirds of these types of collisions), the driver of the passenger vehicle is at fault, usually for failing to yield the right of way to the motorcyclist.

When Are Motorcyclists Most at Risk of Being Struck by Cars?

Most motorcycle crashes involving other vehicles occur on highways or at intersections. They often occur in the following situations:

• When a driver is making a left-hand turn in front of an oncoming motorcyclist (this accounts for 42% of all collisions involving a motorcycle and a passenger vehicle)
• When a driver is changing or merging into the same lane as the motorcyclist
• When a driver fails to stop or slow in time at a stop sign or traffic signal

Because motorcycles are much smaller than cars, drivers also often think that motorcycles are farther away or moving slower than they really are. So a driver may mistakenly think there is a safe distance between them and a motorcycle for them to turn or change lanes, when there really isn’t.

Why Do Drivers Fail to See Motorcyclists?

After a car collides with a motorcycle, the driver of the car will often say, “I didn’t even see them,” or “they came out of nowhere,” while the rider of the motorcycle will typically reply, “I was in plain sight the entire time!”

While you would think both couldn’t be true, they could be, thanks to a phenomenon called “inattentional blindness.”

Essentially, inattentional blindness is when someone looks directly at something but fails to see it. Researchers speculate this may be because the brain is processing so many things at once, it only pays attention to those it determines are the top priority and ignores the rest. Driving is a very involved task, which could explain why drivers are so likely to experience inattentional blindness during it.

A 2017 study on inattentional blindness asked a group of drivers to study a series of images and determine whether they showed a safe or an unsafe driving environment. When an additional vehicle was added to the images (either a taxi or a motorcycle), roughly half of the participants did not notice the new vehicle.

Of those who were shown a taxi, a little less than a third did not notice the taxi. Of those who were shown the motorcycle, slightly more than two-thirds didn’t notice the motorcycle!

This may be because the brain is trying to identify the biggest “threat,” and a motorcycle is much smaller than another car, and less likely to injure the driver in a collision, so the brain dismisses it.

Does that mean a driver could use inattentional blindness as an excuse to say they were not at fault for colliding with a motorcycle? No. Even the name “inattentional blindness” describes that it happens because the person isn’t paying attention to everything they are looking at. If drivers are actively looking for motorcyclists on the road, inattentional blindness cannot happen.

The study’s own authors stated that the study highlights the need for drivers to be more motorcycle-aware and train their brains to move motorcycles up the “priority list” to prevent accidents. “In the meantime,” they stated, “we need to be more vigilant, more active, and more conscious when driving.”

Insurance Companies Are Biased Against Motorcyclists

Unfortunately, while we now know that motorcyclists are rarely at fault for their own crashes when they involve another passenger vehicle, many insurance adjusters still make the mistake of believing that motorcyclists are always at fault for their own accidents.

That means that motorcyclists have to fight an uphill battle to get compensation from an insurance company that already doesn’t believe them before they even file a claim for their injuries after a crash.

Because the injuries motorcyclists face after a crash are typically severe, and often fatal, compensation is needed more than ever.

At Joye Law Firm, we don’t let insurance companies continue to unfairly deny the claims of motorcyclists who had nothing to do with their own injuries, and we want to make sure injured victims get the maximum amount they are owed.

If you or someone you loved has been hurt in a motorcycle crash, contact us today to learn how the South Carolina motorcycle attorneys at Joye Law Firm can help you.

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