Watch Out for Distracted Drivers in Parking Lots This Holiday Season

About one in every five car accidents happens not at busy intersections, around blind corners, or on highways, but in parking lots. And while many people assume parking lot accidents are always minor because they happen at low speeds, this isn’t true. The National Safety Council estimates that 60,000 people are injured in collisions in parking lots and parking garages every year, and 500 people or more are killed.

And since we’re in the holiday season, more people will be visiting big box stores and shopping malls to purchase gifts, which means parking lot accidents are likely to go up. If you or someone you love are injured in a parking lot crash through someone else’s negligence, contact the personal injury lawyers at Joye Law Firm to learn how we can help you get compensation.

Why Do Parking Lot Accidents Happen?

The number one cause of parking lot accidents is distracted driving. People who would never text and drive while on the highway think nothing of texting and driving while in a parking lot because they assume the stakes and dangers are lower. But parking lots are full of other distracted drivers and pedestrians, especially children who may dart out in front of you, as well as slow-moving older adults who may be behind your car without you realizing it.

Additionally, there are lots of obstacles blocking line of sight in parking lots, and there is likely to be poor lighting conditions. Finally, traffic laws aren’t always enforceable in parking lots because they are considered private property, so people may be more likely to drive recklessly by ignoring stop signs, speed limits, lane markers, and taking off their seatbelts.

About two-thirds of all drivers in parking lots are driving distracted, according to National Safety Council findings.

How drivers are distracted when driving in parking lots:

• 66% make phone calls
• 63% input directions into their GPS
• 58% browse digital music playlists
• 56% text
• 52% browse or post to social media
• 50% send emails
• 49% take photos
• 43% browse the internet
• 42% watch videos

If you need to do any of these tasks, make sure you only do so when you are safely parked in a parking space, and never do so while your vehicle is in motion.

What Kind of Injuries Do Parking Lot Collisions Cause?

When vehicles collide in a parking lot, vehicle occupants can suffer contusions and soft tissue injuries such as whiplash. Drivers and front passengers can also be injured by airbags deploying.

But the people most at risk in parking lot collisions are pedestrians, who can suffer:

• Broken bones
• Crushing injuries
• Head injuries
• Internal injuries/organ damage
• Death

When victims are not at fault for their own injuries, they can sue the at-fault drivers to get compensation for their medical bills and other injury-related expenses.

What to Do if You Were Injured in a Parking Lot

1. Call 911 to bring medical personnel to the scene to treat injuries. Be aware that because parking lots are considered private property, police may not always respond to minor accidents in parking lots to file reports.
2. Exchange contact information with the other party and any witnesses. Parking lots and garages may also have attendants or security guards who can act as witnesses. If confusing signage or a poorly designed parking lot or garage may have contributed to your crash, you may be able to file a premises liability claim. In this case, you should also get the contact information of the owner of the lot or manager of the store the lot belongs to as well.
3. If you are able, take pictures of the scene of the collision, and any vehicle damage and injuries.
4. Determine who was at fault. This last step may need the involvement of a lawyer. If the accident involves two vehicles, but only one was in motion, usually the driver of the moving vehicle is at fault. If the accident involves two vehicles but both were in motion, you will need to determine who had right-of-way. When collisions involve a vehicle and a pedestrian, the driver is usually liable for failing to check if the way was clear before pulling forward or backing up.

If You’ve Been Hit by a Car in the Parking Lot, Call Joye Law Firm

Parking lot accidents can result in severe injuries and even death, so don’t let the insurance company try to pass off your claim as nothing serious or not deserving of compensation. We’ve dealt with these kinds of cases before, and we know how to build a strong claim to get you the full compensation you need to recover your damages.

And at Joye Law Firm, your initial consultation is free. Call today to learn if you have a claim.

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How to Look Up a Nursing Home’s Qualifications

Many South Carolinians entrust the health and happiness of their loved ones to nursing homes or other long-term care facilities when they are no longer able to live independently. Choosing to move a loved one into a nursing home can be a difficult decision to make, but is often a necessary one for families who are unable to provide full-time care on their own.

But unfortunately, nursing home neglect and abuse is an epidemic in this country, which is why it’s so important to be able to tell the good nursing homes from the bad ones. This guide is intended to help you navigate rating systems to choose a trustworthy nursing home, because all nursing home residents deserve to have their rights protected, regardless of the size or price of the facility.

Medicare Ratings

One of the quickest and simplest ways to check the rating of a nursing home is to search the name of the facility on the Medicare website. You can also search for a complete list of nursing homes that accept Medicare in your state, and compare them based on a star rating from one to five stars. One star means the quality of the home is significantly below average, and five stars means it is significantly above average.

Stars are determined based on three main aspects: health inspections, staffing, and quality measures:

• The health inspection rating is based on the previous three annual health inspections conducted and whether any investigations were launched into the nursing home over abuse or neglect complaints.
• The staffing rating takes into consideration how many staff are needed vs. how many staff are working, and how many hours of care each residents receives, with attention paid to whether residents with severe needs are receiving more care than residents with minimal needs.
• Quality measures refer how well the nursing home is providing for residents’ physical and clinical needs.

Special Focus Facility Lists

The Centers for Medicare & Medicaid Services also provides a list of “special focus facilities” (SFFs). SFFs are nursing homes that are either known offenders for providing severely lacking quality of care (1-star facilities on the Medicare 5-star ranking system), or that have been or are part of a government program that targets bad nursing homes in an attempt to improve their quality of care.

Facilities that rank poorly enough to qualify for the SFF program will receive increased inspections and punishments with fines or denial of Medicare payment until they correct the problem(s). By viewing this list, you can see whether a nursing home was ever on the list and whether it improved or relapsed in quality while considered an SFF.

Some nursing home facilities will either be forcibly dropped from Medicare/Medicaid or voluntarily stop accepting Medicare/Medicaid rather than improve their quality of care.

U.S. News & World Report List

U.S. News & World Report publishes lists of the “best nursing homes” in the U.S., which are also searchable by state and ZIP code.

This ranking takes into account:

• The size of the facility (number of beds available)
• Whether it specializes in short-term or long-term care
• Whether it’s privately owned or state owned
• Whether it accepts Medicare/Medicaid
• Whether it had any health inspection violations in the last 3 years
• Rates of residents who experience infections, falls, and receive vaccinations

Remember, Ratings Aren’t Everything

It’s a sad fact that residents can experience neglect and abuse even at highly rated nursing homes. Inspections may not catch everything, and abuse and neglect may not be widespread across the facility. Your loved one may be the victim of one particular caretaker or of a violent resident.

When determining what nursing home to choose, it can be helpful to make unscheduled visits when touring. This could give you a chance to see how the facility looks when they aren’t expecting to be observed. Red flags on a tour include:

• Badly maintained or aging facilities
• Staff that appears overworked
• Residents that seem unattended, depressed, frightened, or overmedicated

On the other hand, if staff seems competent and responsive to residents, the facilities are clean, and the dining area appears to offer tasty and healthy options, it is likely a safe place for your loved one. But speaking to your loved one frequently, including on the phone or by video call if you are unable to visit in person, can help you catch warning signs of abuse and neglect such as poor hygiene and sudden changes in appearance or personality.

When You Need Legal Help for Your Loved One, We’re Here For You

If you’re worried about the level of care your loved one is receiving at their current nursing home, and you want to know what your legal options are, contact Joye Law Firm today for a free, confidential, no-obligation consultation.

We’ve helped families across South Carolina get justice for their loved ones, as well as the money they need to cover the cost of medical treatment and moving to a new, safer home after experiencing abuse and neglect. We want to help you, too.

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How to Safely Ride a Motorcycle at Night

Most multi-vehicle accidents involving motorcycles happen when drivers fail to see motorcyclists and collide with them. Driving at night just makes it even more likely for drivers to fail to spot a motorcyclist approaching or in an adjoining lane. In fact, according to the Insurance Institute for Highway Safety (IIHS), 27% of all fatal motorcycle accidents occur between 9 p.m. and 3 a.m.

Unfortunately, while the safest way to ride a motorcycle is during daylight hours when the weather is clear, this isn’t always possible.

If you find yourself needing to get somewhere after dark and your motorcycle is your only way to do so, there are a few key safety tips you will need to keep in mind to protect yourself from injury in a collision or crash.

Add Reflective Tape to Your Gear and Motorcycle

While high-viz or brightly colored motorcycle gear may help make you easier to spot in the daytime, it will NOT work in the dark. However, while reflective gear won’t make much difference in the daytime, it WILL at night and in low light conditions like dusk and dawn.

Thankfully, you don’t need to buy separate reflective gear just for nighttime riding. Reflective tape, decals, and stickers are inexpensive additions that you can stick onto your bike and gear to make yourself more visible to drivers. However, one piece of gear you should swap out when riding at night is a tinted visor, if you use one during the day.

Some of the best places to add reflective tape to make yourself more visible include:

• Edges of windscreen
• Wheel rims
• Saddlebags
• Helmet
• Shoulder blades of jacket

Reflective tape placed where it will be visible from behind should reflect red, to match the color of a car’s brake lights, while tape placed where it will be visible from the side or front should be white or yellow.

Check Your Lights

Make sure your headlights, brake lights, and signals are fully functioning to make yourself and your movements more visible, and to improve your range of sight.

If your headlights are cloudy, the lens may need to be cleaned or the bulbs replaced. You may even want to consider upgrading your stock headlights to brighter LED headlights to improve your range of vision when driving at night.

Obstacles in the road, such as potholes, debris, and fallen tree limbs will be less visible at night. That’s why it’s important to increase your chances of spotting them before you get to them. Only ride within your headlights. This means that if your stopping distance is greater than the length you can see ahead of you, you need to slow down.

Another smart safety option for night riding is adding brake light flashers or headlight modulators to your bike. Brake light flashers cause your brake lights to flash multiple times when the brake is applied, while a headlight modulator will cause your low beams to pulse. Flashing lights draw the eye more automatically than steady lights do, so this could help make you more visible to other drivers.

Know Where to Look

You’ll be using your headlights, but so will other drivers, and the bright headlights of cars may impede your vision or temporarily blind you, which may also lead to a crash.

You may have heard the advice to “look where you want to go” when riding a motorcycle. If you find yourself blinded by approaching headlights, do NOT look down and away, as this can affect your ability to control your bike or steer straight. Instead, keep your eyes on the far-right line of the road (if you are in the right lane), or the painted lane markers ahead of you, rather than the vehicles around you, which will keep you headed in the right direction and in your lane.

Pay Extra Attention to Other Vehicles

It’s always vital to ride defensively when on a motorcycle, but even more so at night. There will likely be far less traffic at night than during the daytime, but any vehicles you are sharing the road with may be far more dangerous than they would be during the daytime.

At night, you are more likely to encounter drunk drivers, fatigued drivers, and drivers who are speeding. You are 3x more likely to be killed in a crash at night than during the day, and 4x more likely to be killed in a drunk driving accident. Furthermore, studies show that drowsy driving is just as or even more dangerous than drunk driving.

You will need to ride more slowly and carefully than you may usually. Additionally, other vehicles may not be the only things on the road you may have to watch out for. You may also be more likely to encounter animals such as deer crossing the road at night.

Injured in a Motorcycle Crash? Call Joye Law Firm.

Our motorcycle injury attorneys know how often motorcycle riders are the ones to suffer when other drivers are negligent behind the wheel, including speeding or driving drunk. And it only gets worse when the sun goes down and visibility worsens for all motorists.

That’s why we want to help South Carolina motorcyclists get the help they need to cover their medical bills and replace lost wages after crashes that weren’t their fault. Call our firm today for a free, no obligation consultation, and you’ll pay nothing unless we win your case.

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Which Fall or Winter Holiday Has the Most Drunk Driving Crashes?

When the leaves begin to change color, we know we’ve entered the start of the holiday season. And while the holidays are a great time to get together with friends and family, for many, they also mean excessive drinking and a rise in drunk driving crashes.

Thirty-seven percent of all fatal crashes on holidays are the fault of drunk drivers. Altogether, drunk drivers caused more than 6,000 deaths during the holidays between 2010-2018. During that same period, South Carolina ranked 8th in the nation for having the most drunk driving deaths annually on Thanksgiving and Christmas.

If you or a loved one is injured by a drunk driver, the team at Joye Law Firm can help you get the compensation you need to put the pieces of your life back together. But we far and above prefer helping reduce the number of drunk driving crashes during the holiday season so no one has to experience injury or losing a loved one during what should be a joyful time.

Drunk Driving on Thanksgiving

Your risk of a fatal drunk driving crash on Thanksgiving is 77% higher than average for any other day of the year. Between 2013-2017, more than 800 people were killed in drunk driving accidents during the Thanksgiving holiday, according to the National Highway Traffic Safety Administration.

On average, men will have 3.1 drinks each on Thanksgiving Day, while women will have 2.4 drinks, according to data collected by alcohol.org.

But one aspect that makes Thanksgiving so dangerous for drivers is the length of the holiday. The day before Thanksgiving is often called “Blackout Wednesday” or “Drinksgiving,” referring to the binge drinking many people, especially younger people, engage in when spending time with friends before the family holiday. And because the actual holiday takes place on a Thursday, many people may be staying in town until the end of the weekend before traveling home, which results in more drinking, more drunk drivers, and more cars on the road in general.

Drunk Driving on Christmas

Of the three major winter holidays, Christmas has the least drunk driving deaths, but that doesn’t mean there is no danger. In fact, drunk driving crashes start to steadily increase beginning at Christmas and continuing up until the New Year. Drunk drivers make up 40% of all fatal accidents between Christmas and New Year. In 2018, that meant 285 entirely preventable deaths.

Why is this? It is likely in large part because people are off from school or work, attending holiday parties where alcohol is involved, and more people are traveling, which means more drunk drivers and more traffic.

Drunk Driving on New Year’s Eve and New Year’s Day

Your risk of a fatal drunk driving crash is 129% higher on New Year’s Day than the average for any other day of the year. In fact, the National Safety Council predictions estimate that as many as 384 people could be killed in drunk driving crashes this year between Thursday, December 31 and Sunday, January 3^rd.

According to alcohol.org, the average American over the age of 21 will have 4.4 drinks on New Year’s Eve. With binge drinking defined as having more than 4-5 drinks in under two hours, of those who drink, 47% of men will binge drink and 40% of women will binge drink, the highest rates of any holiday.

What’s Considered Drunk Driving?

South Carolina defines drunk driving as driving when you have a blood alcohol content (BAC) of 0.08% or higher. With a BAC of at least 0.08%, you will be automatically charged with DUI, but you can also be charged with DUI if you have a BAC of at least 0.05% but less than 0.08% if other evidence also suggests you are too impaired to drive.

So, what is 0.08% BAC in practical terms? Unless you have access to a breathalyzer, which most people don’t, it can be hard to tell if you’ve reached the legal limit, especially since it can vary depending on many factors, including alcohol percentage of the drinks; how quickly you were drinking; whether you ate food or drank water with it; and your age, gender, and body type; there’s no clear answer based on how many drinks you had.

So, how can you know whether you’re still safe to drive? The truth is ANY amount of alcohol can impair your ability to drive, and you can still cause a crash because you were impaired by alcohol, even if you are below the legal limit. Consider simply not driving after drinking alcohol, especially when there are plenty of alternative options available, including rideshare apps like Uber and Lyft.

What to Do if You’re Injured in a Crash

Call Joye Law Firm.

Nothing ruins a festive and happy holiday quicker than a car crash, especially one that causes injuries. If you’ve been injured through the actions of a drunk driver, you deserve compensation.

The dangers of drunk driving are widely recognized, and anyone who puts your life or the lives of your loved ones at risk because they chose to drink and drive deserves to be held accountable for the harm they caused. Contact us today to discuss what we can do for you.

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Do I Need To Replace My Car Seat After A Crash Or Accident?

Parents of young children in South Carolina who are dealing with the costs and losses of a car crash may question whether they need to replace their child’s car seat because it’s been through an accident.

The National Highway Traffic Safety Administration (NHTSA), which enforces vehicle performance standards, says car seats do not automatically need to be replaced following a minor collision. But the agency says the best thing to do is to follow the car seat manufacturer’s instructions, which in many cases say to replace the seat after any crash.

The cost should not be a consideration when it comes to ensuring your children are adequately protected while riding in your car. After a car accident, you can add the cost of replacing a damaged car seat to your insurance claim. If the insurance company provides a settlement, it should include the cost of replacing a child car seat or booster seat damaged in the crash.

If the auto insurer for the driver who caused your car accident refuses to pay you a proper settlement, Joye Law Firm can help. Our attorneys’ goal is to make a positive difference in the lives of each person who turns to us for help. Call Joye Law Firm today at 877-936-9707 or fill out our online contact form.

NHTSA on Car Seat Replacement

NHTSA is an agency of the U.S. Department of Transportation. The NHTSA website provides an in-depth discussion of car seats and booster seats for children, including how to choose and use the car seat that’s right for your child.

NHTSA says child safety seats have been shown to reduce the risk of fatal injury by 71% for infants (younger than 1-year-old) and by 54% for toddlers (1 to 4 years old) in passenger cars. For infants and toddlers in light trucks, child safety seats reduced fatalities by 58% and 59%, respectively.

About car seat use after a crash, NHTSA says:

“NHTSA recommends that car seats be replaced following a moderate or severe crash in order to ensure a continued high level of crash protection for child passengers. Car seats do not automatically need to be replaced following a minor crash.”

NHTSA says a minor car accident is one in which ALL of the following apply:

• The vehicle could be driven away from the crash site.
• The vehicle door nearest the car seat was not damaged.
• None of the passengers in the vehicle were injured in the crash.
• If the vehicle has airbags, the airbags did not deploy during the crash.
• There is no visible damage to the car seat.

Further, “NEVER use a car seat that has been involved in a moderate to severe crash. Always follow manufacturers’ instructions,” NHTSA says.

Previously, NHTSA advised replacing a child’s car seat after an accident. A medically reviewed article on the Verywell Family blog says NHTSA modified its policy because some parents bought used car seats after accidents to save money, which increased the potential that they were using seats with unrecognized damage.

“Even an empty car seat that was buckled into the vehicle will experience crash forces,” Verywell Family says. “The force of the car seat moving forward and being held back by the lower anchor strap or tether strap can cause damage that may be invisible but might keep the car seat from doing its job if you’re in another crash.”

When Is Car Seat Replacement Advised?

Car seat manufacturers tend to advise replacing car seats after any car accident. For example, the user’s guide for the highly-rated Graco SnugRide SnugFit 35 Infant Car Seat says, “If the car seat is in a crash, it must be replaced. DO NOT use it again! A crash can cause unseen damage, and using it again could result in serious injury or death.”

The makers of the Chicco KeyFit 30 infant car seat, which is also well regarded, say, “You MUST replace this Child Restraint if it has been involved in a crash, even if you cannot see visible damage. A damaged Child Restraint may not protect your child in a future crash.”

Most manufacturers make the same recommendation, though some do not. Many follow the NHTSA guidelines and quote the agency’s definition of a “minor” car accident.

If you no longer have your car seat user’s guide, find the manufacturer and model names on the car seat and search with them online to find the manual or how to contact the manufacturer. When in doubt, err on the side of caution and replace a car seat that has been through a crash.

You can also get a certified technician to inspect your car seat free of charge, in most cases, and show you how to correctly install and use it. An NHTSA search engine recently showed 131 locations in South Carolina – typically local fire departments and EMS stations – that provide checks.

Who Is Responsible for Paying to Replace a Car Seat?

If you file an insurance claim after a car accident, the cost to replace a damaged car seat should be part of the claim. As you document the car accident, you should take photos of any visible damage to the car seat. You should also:

• Record the car seat’s serial number and expiration date (usually found on the seat under the lining).
• Search for the seat manufacturer’s user guide and print out the page with its after-crash replacement instructions.
• Provide a receipt. If you bought it with a debit or credit card or check, records of the purchase should be available from the card provider or bank.
• Cut the car seat’s straps and take photos of the seat with the cut straps. Cutting the straps ensures that the child seat cannot be used and must be discarded.

When Do You Need to Contact an Attorney?

If you have questions about the aftermath of a car accident and whether you are entitled to claim compensation from the other driver, you should have an experienced car accident attorney review the accident. Some insurance companies will say they can only replace car seats if the crash exceeds NHTSA guidelines for a minor crash or the seat was occupied during the accident.

Joye Law Firm has successfully pursued car accident claims on behalf of injured individuals and their families across South Carolina for more than 50 years. Joye Law Firm offers a free case review to discuss the options available to you. Phone 877-936-9707 or fill out our online contact form today.

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Can I Get Compensation if I’m Injured Running a Marathon?

November is marathon season, and many of us may be participating in a turkey trot this year. But while running is a popular activity that’s great for your health, you may also run the risk of injury when you go out on a long run. If you are injured during a marathon, can someone be held liable for your medical expenses? Read on to find out.

If You’ve Been Injured Through Someone Else’s Negligence, You May Be Eligible for Compensation

Every member of society has a legal obligation to act in a way that doesn’t endanger the people around them. The legal term for this obligation is “duty of care.” And when someone acts negligently and recklessly endangers and harms other people, they can be held liable, whether it happened in a home, on the street, in a place of business, or yes, at a marathon.

However, before an injury victim can get compensation, they’ll need to prove a few things:

• First, that the at-fault person was acting negligently.
• Second, that the victim was injured.
• Third, that the victim was injured as a direct result of the at-fault party’s negligence.
• Fourth, that the victim suffered damages because of their injuries (typically meaning they required medical treatment and were billed for that treatment).

If you are unable to prove all four of these things, your likelihood of getting compensation goes way down.

Who Is Responsible for Injuries at a Marathon?

Depending on how you were injured, there may be a few candidates for liability. In many cases, it may be the organizer of the race. Some examples of when a race organizer may be liable for injuries include:

• Failing to accommodate for weather conditions (extreme heat or cold)
• Failing to remove or mitigate major road hazards on the race route that pose a tripping or slipping risk
• Failing to communicate dangers on the race route (for example, race lanes shared with vehicular traffic)
• Failing to provide sufficient emergency medical assistance on scene

Other times, racers may be injured by other racers who cause them to fall, or even by bystanders who throw trip hazards into the running lanes.

It’s important to establish early on who is potentially liable for your injuries, and a lawyer can help you do so.

What If I Signed a Waiver?

In most marathons, race organizers will require all participants to sign a waiver saying they accept the risks of participating, including any injuries. But while race organizers use these waivers to protect themselves from liability, it doesn’t mean you have no options after suffering an injury at a marathon that was caused by another party’s negligence. But it does make it harder to get compensation.

One way you may be able to bypass a waiver is if the injury you suffered was one that you could not have anticipated, and thus was not one of the risks you agreed to take on when you signed the waiver. Race organizers can also be held liable for acts of gross negligence despite victims having signed a waiver beforehand.

Unlike negligence, which is often simple thoughtlessness on the part of the at-fault party, gross negligence is typically defined as a willful disregard for others’ safety. For example, a race organizer underestimating how many medical personnel they’d need at a race would be negligence, but a race organizer knowing how many medical personnel they’d need, but deliberately hiring less to save money, would be gross negligence.

Contact Joye Law Firm for a Free Consultation

If you aren’t sure whether someone else can be held legally liable for your injuries, or whether any waiver you signed will prevent you from getting compensation in a case of clear negligence, then the best way to determine what your next steps should be is speaking to a lawyer.

Our South Carolina injury lawyers are experienced in all manner of injuries and accidents, and we’ll carefully review the details of how you were injured to determine if you have a case for compensation. When you call our firm, your initial consultation is always free and there’s no obligation to hire.

Contact us today to schedule your consultation.

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