Monday, February 28, 2022

Is it Safer to Ride a Motorcycle on Streets or the Highway?

Riding a motorcycle is, in general, not as safe as driving a car, truck, or SUV. This is because motorcycles don’t have safety features like airbags or seatbelts, and riders are more vulnerable in collisions. According to the Insurance Information Institute (III), the 2019 national fatality rate for motorcyclists nationally was 58.33 deaths per 100,000 riders. That’s approximately 6.2 times the rate for passenger cars and 8.5 times that of light trucks.

You may be wondering where most of these fatal accidents occur and whether the type of road has a noticeable effect on the risk of a crash. Read on to learn whether riding on city streets is safer, or if the highway is less risky.

Most Common Causes of Motorcycle Fatalities

Before determining whether city streets are more or less safe than highways, it is critical to understand how motorcycle accidents occur, and which common causes of crashes are most likely to result in fatalities.

According to the NHTSA’s 2019 CrashStats data, the majority (55%) of fatal crashes involving motorcycles were collisions with other vehicles. Of these incidents:

  • 76% of motorcycles were struck in the front end
  • 17% were hit from one of the sides (typically by a vehicle turning left while the motorcyclist continued straight)
  • 7% were rear-ended by another vehicle

Other common causes of fatalities include impacts with fixed or stationary objects (23%), including road debris. Cargo that is improperly secured and falls into the road can easily causes crashes, in which case the driver of the vehicle carrying the cargo can be held liable. Car parts left in the road after other accidents, such as broken auto glass, tires, hubcaps, and bumper pieces, also can cause motorcycle crashes.

Where Do Motorcycle Fatalities Typically Happen?

The NHTSA’s CrashStats data report also includes a breakdown of the fatalities by location and motorway types.

The Federal Highway Administration (FHWA) breaks down roads into six functional systems, which the NHTSA also uses in its statistics:

  • Interstates
  • Non-interstate freeways and expressways
  • Non-interstate principal arterial roads (major urban and rural roads that are not highways)
  • Non-interstate minor arterial roads
  • Non-interstate collectors (roads designed to connect arteries and local roads)
  • Non-interstate local roads

Only roads in the first two categories are typically considered highways. The combined percentage of fatalities is 13% on highways (9% on interstates, 4% on non-interstate freeways) and 87% on all other remaining roads.

A significant majority of fatalities take place on regular streets. Of the six categories, the most lethal is principal arterial roads: 29% of all motorcycle fatalities occur on this type of road.

Does Speed Play a Role in Motorcycle Fatalities?

As speed increases, so does the severity of the impact in a crash, and the risk of death. Although motorcycle crash deaths are more common in cities and towns than on highways, you may wonder if a highway’s higher average speed (80 mph vs. 30 mph) contributes to higher fatalities among motorcyclists.

While accidents can occur at any speed, the Hurt Report, a well-known 1981 study regarding motorcycle safety and crash statistics, revealed some surprising statistics.

According to the Hurt Report, the median pre-impact speed is only 29.8 mph, and less than 1 in 1,000 crashes occurred at 86 mph or more.

Despite the age of the study, numerous motorcycle safety courses and accident prevention programs continue citing the Hurt Report, considering it a benchmark study with continued relevance today.

What Makes Highways Safer?

Despite the higher average speeds, all available evidence and statistics indicate that highways are safer than city streets for motorcycle riders. Although it may seem strange at first glance, there are many reasons why it makes sense:

  • Highways have physical dividers, and traffic on each side flows in a single direction, virtually eliminating the risk of head-on collisions.
  • Connectors and merging lanes are often visible and announced with signage, reducing the risks of side collisions with vehicles entering and leaving the highway.
  • Traffic rarely stops and typically flows at a steady and consistent pace on highways (causing smaller differences in average speed from vehicle to vehicle).
  • Highways usually have more lanes than city streets, offering all vehicles (including motorcycles) more space to overtake and avoid hazards.

Contact a Skilled Motorcycle Accident Lawyer Today

While knowing that taking a cruise down the open highway is actually safer than a trip around the block is helpful, motorcycle crashes still happen every day. Unfortunately, many motorcycle riders are severely injured or killed, and they or their families need compensation for their medical bills, pain, and loss. Joye Law Firm’s team of qualified and highly experienced attorneys has over 250 years of combined legal experience helping innocent injury victims. We have been proudly defending the interests of South Carolinians since 1968, fighting to get the compensation they deserve.

If you or a loved one has been injured in a motorcycle accident, act fast. Call one of our South Carolina motorcycle crash attorneys today for a free initial consultation.

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Monday, February 21, 2022

Can I Fire My Lawyer and Get a New One?

Despite an attorney’s best intentions, some clients may not always be happy with their services. If you are unhappy with your attorney, you can end your relationship and decide to work with the South Carolina personal injury attorneys at Joye Law Firm instead, even if you have already started pursuing your claim.

First, think about the reasons you want to fire your attorney, along with the potential consequences.

Why You May Want to Fire Your Lawyer

If you decide to fire your lawyer, think about your reasons for doing so. You can use these reasons to determine whether you are making the right decision for your case. Some valid reasons to seek new legal representation include:

Lack of professionalism:

You should fire your attorney if they show unprofessional behavior. To maximize your settlement, they must never ask you to do things you consider unethical, such as lying in court about the severity of your injuries. If you feel your attorney has committed an ethics violation, you can file a complaint with the Office of Disciplinary Counsel.

Inattention to your case:

Depending on your attorney’s caseload, you may not have regular communication.

If they consistently ignore your concerns or fail to answer questions about your case, you might want to replace them. A lawyer should respond quickly to your needs and provide regular updates, so you don’t have to initiate contact.

No prior experience in your type of case:

Changing lawyers may be the best solution if your attorney does not appear to understand your case. If you need a personal injury attorney, the same lawyer who helped you set up the legal entity for your business may not have the knowledge to get you the desired outcome in court.

Choose a lawyer who is experienced in handling similar cases to yours and has extensive knowledge of the law in that area.

Guaranteeing a successful outcome for your case:

You should be wary of attorneys who guarantee they can win your case. No lawyer can predict the outcome, even with strong evidence on your side. An experienced and honest lawyer will assure you that they will do their best to help you get reasonable compensation for your injuries, but they won’t guarantee a win.

Considerations Before Firing Your Lawyer

Firing an attorney can have serious consequences for the outcome of your case. Here are some reasons you may want to reconsider firing your lawyer.

  • The judge may not look favorably on your case: In court, a judge’s opinion of you can influence their evaluation and determine the results of your case. They may not sympathize with changes of lawyers because they may view it as a way to delay the proceedings.
  • Your case may take longer with a new attorney: Firing your attorney may negatively affect the outcome and length of your case. A new attorney must work fast to catch up. Finding an attorney to take on a case with a short deadline could prove challenging. If you miss filing deadlines, you may lose your right to appeal or bring your case to court.
  • The lawyer’s fees are still your responsibility: If your previous attorney rendered services to you, you remain responsible for the payment of those services and adhere to the terms of your fee agreement. However, according to your agreement, your new attorney can help you identify which legal fees you are responsible for.

How Do You End a Relationship with Your Lawyer?

If you’re ready to terminate the relationship with your current lawyer and hire a new one, here are the steps you can take.

  1. Read your legal agreement: Ensure you understand the agreement’s terms and conditions. If the clause specifies how to file for the formal termination of your relationship with the lawyer, you will need to follow these directions.
  2. Find a new lawyer: Before firing your attorney, explore other options. This helps you avoid missing deadlines and postponing your case while looking for a new lawyer.
  3. Write a formal termination letter: Send your termination letter to the previous lawyer’s office by certified mail so you have a record of delivery. Ask for your case file, including any documents and evidence in your letter. Provide the previous lawyer with your new lawyer’s full contact information in the letter so they can forward the file to them.
  4. Notify the court if you have already gone to trial: The court needs to know about your change of attorneys if your case has already been filed. Your new attorney must file a motion for substitution of counsel while your old lawyer withdraws from your case.

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Monday, February 14, 2022

Does South Carolina Put Damage Caps on Personal Injury Settlements in 2022?

Recovering from an injury can be stressful and costly. Medical costs, loss of income, and mental anguish are common among those recuperating from an accident.

If you or a family member experienced injury or illness caused by someone else’s negligence, you may be entitled to compensation through a personal injury settlement.

In South Carolina, victims can recover economic, non-economic, and punitive damages for their losses. However, South Carolina caps non-economic damages in medical malpractice cases. The state also has a cap on punitive damages in all personal injury cases.

To determine the value of your claim, ensure your legal rights are protected, and maximize your settlement, call the South Carolina personal injury lawyers at Joye Law Firm.

Economic Damages for Personal Injury Settlements

Economic damages are compensation for tangible losses that have a definitive monetary value. The value of these compensatory damages is factual and easy to calculate. Examples of economic damages include medical expenses, loss of income, or rehabilitation costs.

A victim may also receive compensation for future medical expenses. Independent expert testimonies are typically required to prove that future medical care is needed. When injury victims suffer disabling injuries, expert testimony can also be used to determine how much victims are owed for lost future income when they are no longer able to work. Victims can also receive compensation for reduced future income if they can no longer work as many hours or can no longer do the same type of work as before the accident because of their injuries.

There is no cap on economic damages in personal injury cases, provided the plaintiff can present evidence of their expenses. Medical records, medical bills, expense receipts, and pay stubs can support the value of your personal injury claim.

Non-Economic Damages for Personal Injury Settlements

There is no cap on non-economic damages in personal injury cases in South Carolina, except for in medical malpractice cases. Examples of non-economic damages can include physical pain, emotional distress, reputation loss, and reduced quality of life.

Depending on the nature of the lawsuit, the compensation cap can vary. For medical malpractice claims against a single healthcare provider or institution, the compensation for non-economic damages is limited to $350,000 for each claimant. In medical malpractice lawsuits against more than one healthcare provider, the compensation for non-economic damages is limited to $350,000 from each liable institution. The limit for compensation combining all institutions must not exceed $1,050,000.

Punitive Damages for Personal Injury Settlements

While economic and non-economic damages are intended to compensate the victim for their losses, punitive damages act as a deterrent and a punishment for the defendant when they are guilty of extreme negligence. South Carolina allows victims to sue for punitive damages if they:

  • Have recovered compensatory (economic or non-economic) damages
  • Can prove their harm was the result of the defendant’s willful, malicious, or reckless actions

South Carolina caps punitive damages in personal injury settlements. These damages are limited to three times the value of compensatory damages or $500,000, whichever is higher.

Damage Caps Can Change Annually

At the end of the fiscal year, South Carolina’s damage caps may be adjusted according to the Consumer Price Index (CPI) fluctuations. The CPI measures the change in prices of goods and services over time.

The Revenue and Fiscal Affairs Office Board of Economic Advisors consult the CPI annually to determine whether the limits should increase or decrease.

South Carolina’s Modified Comparative Negligence Law

South Carolina recognizes a modified comparative negligence law for personal injury verdicts and settlements. Under this law, the degree of fault or legal liability can reduce the amount of compensation you receive after an injury when you may have been partially at fault.

If you are more than 50% at fault, you cannot receive compensation.

Get Maximum Compensation with an Experienced Legal Team

At Joye Law Firm, our team has the legal experience, litigation knowledge, and professional connections to deliver outstanding legal representation.

We always strive to earn maximum compensation for our clients. Some of our successful verdicts and settlements include:

  • $6 million payout in a work-related trucking accident
  • $4.3 million in a case involving a tractor trailer
  • $2.7 million in an injury settlement involving a collapsing stairwell
  • $475,000 settlement in a work injury case
  • $450,000 in compensation after a child was seriously injured in a retail store

Contact Joye Law Firm today for a free, no-obligation consultation if you or someone you love has been injured due to someone else’s negligence. We can help you assess the value of your claim and fight to recover the maximum compensation.

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Sunday, February 13, 2022

Rian Robert Pettit

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Monday, February 7, 2022

Can I Get Workers’ Compensation if My Job Made an Injury Worse?

If you have a pre-existing injury and get hurt at work, you may have concerns about filing for workers’ compensation.

Workers’ compensation allows you to continue having an income while you’re unable to work due to an injury. In South Carolina, workers’ compensation covers lost wages, medical bills and provides disability benefits, even if the injury was not the employer’s fault. You can also get workers’ compensation for aggravation of a pre-existing condition. Hiring a workers’ comp attorney familiar with this type of claim can help you avoid a claim denial.

Pre-Existing Injury Qualifications

Sustaining an injury at work typically entitles you to a worker’s compensation claim. You may have to prove that the accident occurred during work hours and while doing activities outlined in your job description.

If you have a pre-existing condition, there’s a higher risk of re-injury. You can receive workers’ comp benefits if an accident at work causes:

  • An old injury to flare-up
  • Aggravation of a previous condition
  • An existing injury to worsen
  • A decline in your physical health

Your claim may still be denied if you are unable to prove that there was any aggravation or worsening (meaning any pain is only from the existing condition). It may also be denied if you are unable to prove the flare-up was connected to an injury at work or from performing your job duties. An experienced South Carolina workers’ compensation worker can help you gather the evidence needed to prove your claim.

What Pre-existing Conditions are Covered?

It’s estimated that between 50 and 129 million Americans have a pre-existing condition that’s prone to aggravation. Common pre-existing ailments that may result in re-injury during a workplace accident include:

  • Arthritis
  • Broken bones
  • Herniated disks
  • Spondylosis
  • Torn ligaments
  • Degenerative disc disease

The most prevalent and debilitating injuries seen in the workplace are back problems. Each year, there are over 2 million reported cases of back injuries. It’s predicted that 8 out of every 10 Americans will experience a back injury in their lifetime.

How to Get Workers’ Comp for Pre-Existing Conditions

Trying to get workers’ comp for an injury can be difficult if you’re unfamiliar with the process. But trying to get coverage for a pre-existing condition can be even more challenging.

South Carolina Workers’ Compensation Law Section 42-9-5 outlines the criteria a worker must present to receive benefits. When an accident aggravates a pre-existing condition, you must prove the injury occurred during the execution of your work responsibilities. You must also show:

  • The new injury affected the pre-existing or permanent ailment
  • The pre-existing or permanent physical impairment exacerbated the recent injury

To get benefits started, you must notify your employer of the injury when it occurs. Then you should request a checkup from your company’s preferred doctor. You are entitled to visit your own physician for medical cases, but your company can deny coverage claims for these visits unless they have approved the health care provider.

To approve a switch to your family doctor, contact your employer or the insurer with the request. If the switch is denied, you can request a hearing with the South Carolina Workers’ Compensation Commission.

If you cannot notify your supervisor immediately, you have 90 days to do so to be eligible for a claim, as outlined in the S.C. Workers’ Compensation Act.  You should start receiving benefits once your employer approves your claim.

How to Handle a Denied Claim

It’s not uncommon for a company or insurance provider to deny a workers’ compensation claim. But getting a denial letter isn’t the end of your claim process.

Common reasons for a claim denial include injuries that occur off-the-clock, missing the deadline to inform your employer of the injury, employment status, and pre-existing conditions. Oftentimes, however, they are denied simply because of missing, incomplete or incorrect paperwork.

Hiring an experienced South Carolina workers’ compensation lawyer at Joye Law Firm can improve your chances of getting the benefits you’re entitled to, especially if you were wrongfully denied because of a pre-existing condition. If your claim is denied or if you are just starting a claim, a knowledgeable workers’ comp attorney at our law firm can help you through the process.

Filing an Appeal

After a claim denial, your next step is to request a hearing with the Workers’ Compensation Commission.

You will need to complete Form 50 (Form 52 in the case of wrongful death) to file a claim. If you decide to request a hearing, ensure your attorney is present.

Some cases may require you to go through mediation before pursuing the matter in the courtroom. Mediation happens between you, a representative of your employer, and a neutral mediator to try to find a resolution before going to trial.

It can take four to six months for you to get a scheduled hearing if mediation fails to get your benefits started. If there are multiple denials, it can take twelve months or longer to get approved.

Let Joye Law Firm Secure Your Workers’ Comp Benefits

Whether you’re filing a workers’ compensation case due to aggravation of a pre-existing condition or an appeal for a denied claim, you need an attorney in your corner to protect your rights.

Contact the South Carolina workers’ compensation attorneys at Joye Law Firm for your free initial consultation. We have been fighting to help South Carolinians seek fair compensation since 1968. Our lawyers value each client and work hard to get you the payout you need to move forward with your life.

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Friday, February 4, 2022

Madisen Zhane’ Belton

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Austin Zsedely

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Austin Zsedely TEST

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Thursday, February 3, 2022

Austin Zsedely

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Austin Zsedely

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