How Long Does It Take to Settle a Motorcycle Lawsuit?

You have the right to file a lawsuit after a motorcycle accident. The length of time to settle a motorcycle lawsuit and receive damages depends on several factors.

The evidence, facts of your case, and the cooperation of the at-fault party’s insurance company can affect the timeline of your motorcycle accident lawsuit. Here’s what to expect when filing a claim for compensation after a motorcycle accident.

What Are the Steps in Motorcycle Accident Claim?

A South Carolina motorcycle crash attorney can discuss your legal options and how long it will take to reach a settlement based on the unique factors of your case. The duration of your lawsuit and how long it takes to receive a payout from an insurance company or a third party depends on the specific elements of your accident.

Diagnosis and treatment of your injuries

The doctor must first examine and treat your injuries before settling a lawsuit. If you suffered severe injuries from your accident and required surgery, you may need more time to recover.

Save the receipts from every doctor’s visit, correspondence for taking time off work, and every payment related to the motorcycle accident. This evidence shows the extent of your injuries and how they affect your quality of life and financial situation. The more proof you have of expenses and hardship incurred, the higher your settlement amount may be.

Evaluation of your damages

Your motorcycle accident lawyer can review evidence such as the police report, surveillance footage, pictures and videos of the crash, and witness statements. This evidence can help your lawyer assess your damages for medical expenses, pain and suffering, and other damages.

The length of time gathering evidence and evaluating your damages depends on its source. The lawyer may need to work with you to obtain your medical records from your doctor. Your attorney must also visit local businesses with security cameras to ask for the surveillance footage.

Filing a claim

In South Carolina, you can only receive compensation for your injuries and property damage if you are less than 50% to blame for the accident. If you are 51% or more at fault, you cannot recover any damages. Since most cases in South Carolina have a three-year statute of limitations for filing your motorcycle accident claim, your attorney can help gather and preserve the evidence needed to file within the deadline.

Negotiations with the insurance company

After gathering all the evidence, your lawyer will send a formal demand letter to the at-fault party’s insurance company. An insurance adjuster may take their time examining the letter and supporting documentation to decide on a settlement. The settlement process between your lawyer and the insurance company can take anywhere from a few weeks to several months.

An experienced motorcycle lawyer knows there is often room for negotiation if the insurance company offers you an inadequate settlement for your losses. Your lawyer can negotiate on your behalf and help you fight to gain fair compensation for the value of your damages and the extent of your injuries.

Should You Take a Settlement or Go to Court?

Once you’ve received an offer, you must decide if the sum is sufficient. You and your personal injury attorney must analyze the offer, considering your medical expenses, lost wages, and pain and suffering. When you accept the offer, this means you’ve closed your case. You cannot take any further legal actions because of this accident.

Otherwise, your lawyer may bring a lawsuit against the at-fault party and their insurance company. Remember that if you need to go to trial, the process typically takes longer than settling out-of-court.

A lawsuit involves many steps that may take several weeks, months, or even years to complete, from filing a complaint to discovery and depositions to mediation with a third-party lawyer for negotiations. These processes extend the time it takes to receive compensation.

Talk to a Motorcycle Crash Attorney in South Carolina

The length of time it takes to resolve a motorcycle accident claim depends on the specific details of your case. How long it takes your injuries to heal, whether they affect your quality of life, and the amount of time you take off work for recovery all factor into the value of your claim and how long the proceedings take.

The best way to settle for reasonable compensation is to work with a motorcycle crash lawyer at Joye Law Firm. Call our law office today for a free consultation to discuss your case and learn how we can help you receive a fair settlement as quickly as possible.

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Traffic Signs in School Zone and What They Mean

School zones are a flurry of activity at certain hours. Every day, thousands of children and adults walk, bike, and drive through school zones in South Carolina. School buses load and unload children. School crossing officers raise signs to stop traffic and direct children across crosswalks. On the best days, everything runs like a well-directed symphony.

To keep everyone safe, there are traffic signs that are specific to school zones in South Carolina. Motorists should slow down and proceed with caution when school children are present or a school bus is loading or unloading students.

If your child has been injured in a school zone accident caused by a motorist who disregarded school zone signs, you may be entitled to hold the driver accountable and claim compensation for your child’s medical bills and other expenses. Unfortunately, school zone accidents do occur. Our knowledgeable and compassionate attorneys at Joye Law Firm are available to review the accident and help you understand your legal options. Contact us today!

What Is the Use of the School Zone Sign?

The South Carolina Department of Transportation defines school zones as the portion of roadway located within 300 feet of a school’s property line. Signs announcing School Zone Ahead and Reduced School Speed Limit Ahead warn motorists when they are approaching a school zone.

A school zone speed limit of 15 mph or 25 mph will be posted if a speed reduction is required.

Flashing lights accompanying some school zone signs call attention to a reduction in the speed limit. The lights typically flash for 45 minutes around the time school begins and ends.

What Is the Purpose of the School Zone Sign?

In South Carolina, special laws govern driving in school zones to prevent accidents. The laws also include additional penalties for traffic infractions such as speeding in a school zone.

School zone signs warn drivers that a school is nearby and that children may be crossing the street in the vicinity. School zone signs and school crossing signs may be fluorescent yellow or fluorescent yellow-green to make them more visible. They may also be equipped with lights. When lights are flashing or children are present in a school zone, drivers must obey a slower speed limit.

According to the South Carolina Department of Public Safety, most accidents involving children occur between the hours of 3 p.m. and 6 p.m. Surprisingly, accidents are more likely to occur during fair weather conditions than during inclement conditions.

Different Road Safety Signs You Should Expect in School Zones

A Reduced Speed Ahead sign may precede a school zone. Depending on the posted speed of the street, a School Speed Limit sign may indicate a reduced speed during certain hours and/or days of the week.

A School Advanced Warning sign will indicate the first crosswalk in a school zone. An End School Zone sign may mark the edge of a school zone.

Signs You Will See in a School Zone and Why They Are Important

Other signs you may encounter include:

• Children Playing sign – This sign warns the driver that children may be playing in the vicinity and that the driver should be on alert and prepared to stop quickly.
• Stop for Pedestrian sign – Not all crosswalks in a school zone use typical traffic control signs. A Stop for Pedestrian sign indicates that drivers must stop anytime there is a pedestrian in the crosswalk.
• Slow Down Watch for Children sign –This sign reminds drivers that in a school zone, they must always be vigilant and look out for children. Sometimes students need to arrive or leave school early or may be staying late for after-school activities.
• Stop signs – Intersections and crosswalks often have stop signs. School zones also employ a handheld version of stop signs to help children cross unmarked crosswalks or travel through high-traffic areas. Be on the lookout for crossing guards holding these handheld stop signs. If a school crossing officer is present at a crosswalk, drivers should stop and yield if directed to do so by the officer.
• School Bus Loading Zone sign – Many accidents involving children occur as they are boarding or getting off school buses. Children are often not paying attention when they are getting off the school bus. It is important for drivers to pay attention to the lights on the school bus and notice whether the stop arm is activated. Motorists are required to stop for a school bus on a two-lane road and on any highway if traveling behind the bus. Drivers must wait until the bus moves or its red or amber lights stop flashing and the stop arm is no longer visible.

Being familiar with the signs can prevent accidents and help determine who was at fault if an accident does occur.

Contact a South Carolina Personal Injury Lawyer Today

If you or your child has been injured in an accident within a school zone due to someone else’s negligence, you may have a right to seek compensation for your injuries. Parents should not have to worry about their children’s safety when traveling to and from school, but school zone accidents do occur.

An experienced South Carolina child injury attorney can help you understand which school zone laws are applicable in your situation and discuss your legal options. If you have a valid claim, our attorneys can help you build a strong case for compensation. We will take the time to listen to your story to understand the details of the accident and how the injuries have affected you on a daily basis.

The attorneys at Joye Law Firm have been helping injured people in South Carolina for more than 50 years. Our results and client testimonials demonstrate the experience we have handling personal injury cases and the effort we make to assist people who turn to us for help. We would be honored to help your family through this difficult time.

Beyond providing exceptional legal services, our firm is committed to serving the local community by awarding annual scholarships, supporting animal shelters, and making many other charitable contributions. We serve people in communities across South Carolina.

Contact us today online or call us for a free consultation.

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Should I Go to the Hospital After a Bicycle Crash?

When you are in a bicycle crash, you may have injuries ranging from minor cuts or scrapes to major trauma. If you have hit your head or injured another part of your body, it’s essential to seek immediate medical attention right away.

Visiting a doctor is important to determine the extent of your injuries, particularly if a driver hits you while you are on your bicycle. You can work with a South Carolina bicycle accident attorney to help you negotiate with the driver’s insurance company and get reasonable compensation for your injuries.

When to Visit the Hospital After a Bike Accident

If you are injured in a bicycle accident, it’s important to seek immediate medical attention for serious injuries. However, if your accident occurred because of a negligent driver, you should visit the hospital, even if you have no apparent injuries.

That’s because not all accident injuries are obvious right away; you could have internal bleeding or a TBI (traumatic brain injury). These conditions aren’t visible but are serious and require professional medical care. Some conditions, like whiplash, could require ongoing treatment later, like physical therapy.

Plus, if you don’t visit the hospital and decide to file a lawsuit later, the driver’s lawyer may try to say your injuries were not serious since you did not receive emergency medical care. The longer you wait before seeking medical attention for an injury, the harder it is to prove that the driver who hit you caused your injuries.

When you go to a hospital following a bike accident, regardless of its severity, you have official documentation in your medical records of any conditions resulting from the driver’s negligence.

Common Injuries from a Bicycle Accident

Your doctor can diagnose your injuries and document your treatments, creating medical records and invoices as evidence of your suffering. These records can prove helpful in a claim against a negligent driver.

Road rash

Road rash is a painful injury resulting from bare skin coming into contact with the hard pavement. Gravel and other debris can enter through the open wound, increasing the potential for infection.

It may take a long time to heal, requiring frequent bandage changes and keeping it clean. A road rash injury may also cause severe damage to the skin. Individuals who suffer from road rash sometimes require skin grafting surgery to repair the wound.

Internal injuries

Bicyclists involved in traffic accidents may suffer internal injuries such as internal bleeding and hernias. When the bicycle’s handlebar hits your lower abdomen, it may cause a traumatic abdominal wall hernia. These internal injuries frequently require significant surgery to treat, including a hernia mesh implant.

Broken bones

A bicycle crash can result in broken arms or legs. Some fractured bones in bicycle accidents are severe enough to warrant emergency surgery and extensive physical therapy.

A complex break in the arm or leg requires surgery to realign the bone and use wires, plates, or nails to keep it in place. Other injuries may require a cast, splint, or crutches. In all cases of broken bones, emergency care and immediate treatment are essential, or the bones won’t heal properly.

Facial injuries

Bicyclists can lose or break their teeth, or suffer facial fractures after a crash with a car. A broken jaw, for example, may need metal plates or wires to keep the bones in place and promote healing. Recovery from a fractured jaw can take several months.

Traumatic brain injuries

Some injuries may not be evident from the beginning, such as traumatic brain injuries (TBIs). Symptoms of a brain injury, such as seizures, memory loss, and nausea, may occur within 24 hours of the accident, or they may emerge days or weeks after the accident. Some people appear to have no symptoms immediately following a TBI, but their thinking skills and behaviors may change later.

Mild TBIs may not require extensive medical treatment, aside from rest. Emergency care for a severe brain injury can involve creating a hole in the skull to relieve pressure. Medications and rehabilitation can empower people living with TBI to regain function in their bodies and help them adjust to an alternative lifestyle.

You Can Take Legal Action

When filing a bicycle accident claim for compensation, it’s essential to work with an attorney with experience handling personal injury cases. At Joye Law Firm, we can use your medical records to build a strong claim and help you get the maximum compensation you deserve.

Contact us today to schedule a free consultation with one of our lawyers to find out how we can help you.

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Siri and Driver Safety

The next time you get ready to drive somewhere, the best command to give Siri before turning on the ignition might be: “Siri, turn off this phone and don’t disturb me while I’m driving.”

The growing awareness that electronic distractions pose a serious risk to drivers has led to the widespread introduction of more voice-activated, hands-free technologies in cars and cell phones. But using voice-activated technologies such as Apple’s Siri requires mental focus and can still be distracting to drivers. According to the AAA Foundation for Highway Safety, the increasing presence of voice-activated electronics in automobiles invites distraction and represents a safety problem for drivers.

If you have been injured in an accident caused by a distracted driver in South Carolina, contact our South Carolina personal injury lawyers at Joye Law Firm today for a free consultation. For more than 50 years, our dedicated attorneys have been helping injured South Carolinians seek just compensation to rebuild their lives after serious accidents.

Phone Use for Drivers

Distracted driving is one of the most common causes of traffic accidents in the United States. Distractions such as eating and drinking, personal grooming, daydreaming and adjusting the radio have contributed to car crashes for years. But the surge in popularity of cell phones in the last decade has led to an increase in distracted driving accidents. Using a cell phone while driving creates a significant risk of being involved in a serious car accident.

To combat the dangers of typing or texting on a cell phone while driving, tech companies and automakers have introduced hands-free technologies such as Apple’s Siri, which allows you to use voice commands to operate your phone. However, recent studies have shown that even hands-free technologies can cause a driver to take their attention off of the task of driving.

Voice-Recognition Equals Distracted Driving

According to the Automobile Association of America (AAA), hands-free technology can cause cognitive distractions. The research revealed that the mental distractions caused by voice-activated technology could linger up to 27 seconds after using the technology. The researchers said that hands-free, voice-activated technology didn’t do anything notable to enhance driver safety.

While many distractions are physical or visual, mental distractions also can make it harder for a motorist to operate their vehicle safely. As part of their study, the AAA used a scoring scale of 1 to 5 to establish the danger of using certain hands-free technologies. The number 1 represented “least distracting,” while 5 represented “most distracting.” AAA researchers considered any activity that scored higher than 2 to be dangerously distracting. Siri’s rating was 3.4. All the voice-activated systems they tested increased mental distraction, the researchers said.

Another study conducted by Texas A&M’s Transportation Institute concluded that using Siri while driving was just as dangerous as texting and driving. The researchers found that drivers who used voice-activated technology while driving were more distracted and had slower reaction times than when those same drivers were not using any technology.

The researchers said participants in the study were more likely to take their eyes off the road when texting including when using voice-activated technology to send messages than when they were not sending a message. Even though many drivers said they felt safer when using voice-activated technology, the researchers concluded that it didn’t actually make operating a vehicle safer.

Effects of Distracted Driving

According to the Centers for Disease Control (CDC), there are three primary types of distracted driving: manual, visual, and cognitive.

• Manual – When a driver takes their hands off the wheel
• Visual – When a driver takes their eyes off the road
• Cognitive – When a driver takes their mental focus off the task of driving

Using a handheld smartphone to send text messages while operating a vehicle is one of the most dangerous types of distracted driving. Texting involves all three types of distractions. When motorists use a smartphone while driving, they typically take their hands off the steering wheel and eyes off the road. Texting is considered to be one of the most dangerous driving distractions.

According to the National Highway Traffic Safety Administration, 9 percent of fatal crashes and 15 percent of crashes causing injuries involved a distracted driver in a recent year. More than 3,100 people were killed and an estimated 424,000 people were injured in accidents involving distracted drivers in 2019 alone.

Many states have passed laws to try to reduce the incidence of distracted driving. In South Carolina, it is against the law to use an electronic communication device, such as a phone, to send texts while driving on any public streets or highways within the state.

The South Carolina Department of Public Safety also strongly recommends refraining from arguing or getting into heated emotional exchanges with other passengers while driving, and not consuming food behind the wheel. It is also recommended that you secure all pets, so they can’t distract you while in transit.

Put Down Your Phone

In light of research indicating that even hands-free technology can cause distracted driving, the safest thing to do as a motorist is to put your phone away while behind the wheel.

Some motorists lock their phones in their center console, glove compartment, or trunk. Shutting your phone off and placing it somewhere out of reach will lower the temptation to pick it up and check incoming messages or use voice-activated technologies to correspond with others.

Distracted driving frequently results in fatal accidents, and mental distractions are a common contributing factor.

Injured by a Distracted Driver? Contact Us Today

Have you been injured in an accident caused by a driver who you suspect was talking on the phone or somehow distracted at the time of the collision? If so, contact the South Carolina distracted driving lawyers at Joye Law Firm today to get started on your accident claim. Our law firm has experience representing people injured by distracted drivers.

Our experienced car accident attorneys have the resources to investigate your distracted driving accident, determine who was at fault, document your losses, and fight for the financial relief you need. You should not have to pay the medical bills if a distracted driver injured you.

Contact us by phone at 888-324-3100 or online today for a free case review.

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What Is GAP Insurance and How Can It Benefit You?

If you have purchased a new car or truck or leased a vehicle, you should consider obtaining GAP insurance on that vehicle.

If your vehicle is totaled in an accident, GAP insurance covers the difference between what the vehicle is worth after the accident and what you still owe on it. Collision and comprehensive coverage payouts are based on the car’s depreciated value, which in a single year can be as much as 20% less than what the vehicle was worth when you bought it.

Without GAP insurance, which stands for guaranteed asset protection coverage, you could be left paying off an auto loan for a car that is sitting in the junkyard. That can create financial stress when you need to replace the wrecked car.

How Does GAP Insurance Work?

GAP insurance pays when the amount left on a car loan or lease is greater than the value of your vehicle at the time the insurance adjuster declared it a total loss. It is coverage worth having if you are leasing a car or you owe more on a loan than your vehicle is worth.

Typically, when you buy a new car, your lender will require you to obtain comprehensive and collision insurance. Collision pays up to the value of the vehicle if you are in a crash. Comprehensive insurance pays the same for damage done by vandalism, theft, weather, hitting an animal, or other causes outside of a traffic accident.

While Collision and Comprehensive coverage are useful, the value of a new car drops constantly from the time it leaves the car lot. The nonprofit Insurance Information Institute (III) says most new cars lose 20% of their value within a year. A study by iSeeCars.com, an automotive research firm and vehicle marketplace, found that the average depreciation rate for a new car after five years was 40% in 2021.

NerdWallet sketches out what to expect from insurance if your car is stolen and you owe $30,000 on a car loan for that vehicle with a depreciated value of $25,000. After a $500 deductible, comprehensive insurance would pay you $24,500. After applying that to your car loan, you would still owe $5,500.

Guaranteed asset protection coverage, if you have that type of insurance, would pay that $5,500 gap between what your car was worth and what you owe on your car loan.

Without GAP insurance, you’d have to cover the balance on your car loan, as well as the cost of replacing your vehicle, out of your own pocket. New car replacement coverage would provide the money necessary for a new vehicle. Some insurers sell gap coverage and new car replacement coverage together.

You’d typically buy GAP coverage as an add-on to required auto insurance coverage when you lease or finance a new vehicle. Some insurance companies will sell GAP coverage as late as 12 months after the vehicle purchase or after you’ve driven up to 15,000 miles.

What Are the Benefits of GAP Insurance?

If you owe more than your car is worth and would not be able to come up with the difference out of pocket if your car was totaled, you should consider buying gap coverage. Check a site like Edmunds or Kelley Blue Book for an idea of what your car is worth.

The Insurance Institute suggests considering gap insurance when you buy a new car or truck if you:

• Put less than 20% of the purchase price down
• Financed for 60 months or longer
• Leased the vehicle
• Bought a vehicle that depreciates faster than the average
• Rolled over debt from an old car loan into the new loan

GAP insurance costs about $200 to $700 for the life of your automobile loan, depending on the dealer, lender, and state, according to the insurancequotes.com brokerage. You can usually roll GAP insurance payments into your monthly car payments.

The main benefit of GAP insurance is that it could potentially save you a lot of money if your vehicle is wrecked. Most GAP policies protect new and used vehicles valued up to $100,000 and losses up to $50,000. GAP policies sometimes cover insurance deductibles up to $1,000.

Because GAP insurance is intended only for the life of your car loan, you can request a refund of the remaining premium payments if you trade in your vehicle or pay off your loan early.

Call Our Joye Law Car Accident Attorneys

Repairing or replacing a damaged vehicle is one of many issues you’ll face after a car accident. At Joye Law Firm, our car accident attorneys work to help car accident victims seek insurance settlements that pay for their medical costs, vehicle damage or replacement, lost income, and pain and suffering. Our goal is to have a positive impact on the life of each client we serve.

Our primary objective is to help make you financially whole after a crash caused by another motorist. Having GAP insurance can help a car owner avoid being stuck with payments on a vehicle that has been totaled in a collision or stolen.

We care about our clients and want to put our legal experience to work for you if you’ve been hurt in any kind of accident caused by another driver. Let us review the details of your car accident-free of charge and discuss your legal options to move forward. Phone us at 888-324-3100 or contact us online today.

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Can a Driver and a Passenger Share a Lawsuit and Use the Same Lawyer After a Crash They Were Both Injured in?

Car accidents usually involve multiple vehicles, drivers, and passengers. It may seem reasonable for multiple people to use one lawyer if they were all in the same vehicle. However, having one lawyer represent both the driver and the passenger may create a conflict of interest. In some cases, working with a car accident lawyer one-on-one can help better protect your rights after a car accident.

Can Two People Have the Same Lawyer?

South Carolina follows the legal doctrine of modified comparative negligence, which creates a 51% threshold for recovery. This means compensation is only possible if your liability for an accident is 50% or less.  South Carolina Code § 15-38-15, makes it clear that as long as the plaintiff is less than 51% responsible for an accident, he or she will be eligible for financial recovery from the defendant. The courts will reduce a monetary award to a Plaintiff by the Plaintiff’s percentage of fault.

Comparative fault law also applies to multiple parties. For instance, in a car accident with two cars, one driver may be at fault for 70% of the accident. The second driver, carrying a passenger, might be 30% at fault for the collision. In this scenario, the passenger must recover 30% of their damages from the driver of their vehicle and 70% from the other party, filing a claim against all drivers involved.

When this happens, a potential conflict of interest may arise if the same lawyer represents a passenger and their driver. That said, a passenger should ordinarily avoid hiring the same attorney as the driver of the vehicle the passenger is riding in if the driver clearly shares some degree of fault in causing the collision.

South Carolina’s Rules of Professional Conduct Limits Current Clients

A South Carolina car accident attorney can represent multiple clients when there are no conflicts of interest. According to South Carolina’s rules of professional conduct, if a concurrent conflict of interest exists, an attorney must not work for more than one client.

One of two factors figures into a concurrent conflict of interest:

• When to successfully represent one client well would be bad for another client’s case
• When a lawyer’s representation of multiple clients will be materially limited by the attorney’s interests or by the interests of another client, former client, or third person

What does it mean when a lawyer has a conflict of interest?

Lawyers must maintain independent judgment and loyalty in their relationships with their clients. Therefore, they cannot divide their loyalties among many clients who have conflicts of interest.

The lawyer is responsible for identifying the clients and determining whether there is a conflict of interest between clients. If the clients have opposing interests, then loyalty to any of them affects the case’s outcome.

How can a conflict of interest affect my case?

A client whose interests conflict with another may feel deceived, and the damage to the lawyer-client relationship may be irreversible. The client might fear that the lawyer’s representation will be materially limited because the lawyer represents another client who has an opposing interest in their case.

A conflict may arise because there is a significant difference between the clients’ testimonies or because they have significantly different settlement options. A direct conflict may result if the lawyer calls a client as a witness in a trial for another client involved in the same case.

Car Accident Lawyers for Families

Having one car accident attorney represent many clients makes sense in some circumstances. For instance, a lawyer can represent your entire family for a car crash if the other driver is at fault. A minor child will need legal representation to pursue a third-party claim against the liable driver. If a car accident causes injuries to you and your spouse, it may make more sense to work with one attorney to represent both of your interests.

In South Carolina, the driver’s auto insurance policy covers everyone, including passengers. Your auto insurance policy may also help cover your injuries when you’re involved in an accident as a passenger. If your driver or the other driver at fault does not have sufficient auto insurance coverage, your uninsured or underinsured motorist policy may cover your injuries.

If you or a loved one suffered injuries as passengers in a car and the medical bills exceeded your policy limits, you may file a third-party claim against the negligent driver who was operating the vehicle you were in.

Request a Free Consultation with Joye Law Firm

The best way to protect the rights of everyone involved in an, including passengers, is to work with an ethical and experienced attorney. An auto accident lawyer from Joye Law Firm can answer your questions about all applicable insurance policies when you’re in an auto accident.

Contact us today to schedule a free case evaluation with one of our lawyers.

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What To Do After Being in an Out-Of-State Accident

With our top-rated attractions, pristine beaches and waterways, and tons of family-friendly activities, it’s no wonder that tourism is a leading industry in South Carolina. People from across the country – and even the world – travel to South Carolina every year to enjoy the state we’re lucky to call home.

As the weather heats up, more and more people from out of town will be hitting the streets. With many traveling by car, the risk of out-of-state car accidents increases. Reversely, you might be the one hitting the road when driving from South Carolina to another state, leaving you to wonder, “ What happens if I’m involved in a crash in another state?”

How does an out-of-state car crash affect your insurance claim? Does it make it easier for an insurance company to deny you a payout? If you have to sue the at-fault driver after an out-of-state car accident, where do you do that? These are all reasonable questions.

Your best bet if you’ve been injured in an out-of-state accident is to talk to an experienced S.C. car accident attorney about the steps you need to take. A consultation is free and will help you understand your legal options. Our attorneys at Joye Law Firm have been handling car accident claims for more than 50 years. We are ready to assist you. Our law firm has offices in Charleston, Columbia, Clinton, Summerville, and Myrtle Beach, South Carolina. Let us review the details of your accident and discuss how we may assist you. Contact us today.

What Is an Out-Of-State Car Accident?

An out-of-state car accident is a motor vehicle accident in which one of the drivers involved is not a resident of the state where the accident happened.

For example, a South Carolina resident who is injured while traveling in Georgia or North Carolina may have an out-of-state accident claim.

Your first steps after an out-of-state car accident are the same as if you were involved in a car accident at home:

• Call the police and, if needed, an ambulance
• Exchange names, contact information, driver’s license numbers, and insurance information with the other driver
• See a doctor within 24 hours, regardless of how you feel. Some serious injuries, including potentially fatal head injuries, may present only mild symptoms immediately after the injury
• Notify your insurance company of the accident

Out-of-State Car Insurance Claims

The fact that you were in a car crash in another state should have no effect on your insurance claim. Most auto insurance policies cover policyholders when they travel in any of the 50 states or in U.S. territories, such as Puerto Rico and the Virgin Islands.

Some U.S. auto insurance policies will cover you when you are in Canada, as well. However, most policies will not protect you in Mexico unless you buy additional coverage. If you plan to drive outside of the U.S., you should contact your insurance company about your coverage.

If your permanent address has changed since your last premium payment, you should promptly notify your insurance company to update your policy.

After filing a claim, if an insurance adjuster suggests the company won’t pay because the accident was out of state, then the insurer may be acting in bad faith. You should contact a car accident lawyer as soon as possible to review the situation.

Filing a Personal Injury Lawsuit After an Out-Of-State Car Accident

If the other driver is at fault, your insurance provider should pay your claim and then recoup its payment from the company that holds the at-fault driver’s auto liability policy. If the other driver or their insurer denies fault, your insurer may withhold payment and do little to advocate on your behalf.

If you are counting on the at-fault driver’s liability coverage to pay your medical bills and vehicle property damage, you may have to file an insurance claim against the at-fault driver’s insurance. If the insurer disputes liability, you may need to file a lawsuit, demanding compensation for your medical bills and other losses from the accident. A knowledgeable injury attorney at Joye Law Firm can help you understand the issues involved and your rights.

Anytime an accident occurs in another state, a car accident lawsuit typically must be filed in the state where the accident occurred. There may be other issues to consider, including:

• State negligence laws

Some states are more restrictive than others when it comes to filing car accident lawsuits. For example, South Carolina is a modified comparative negligence state. That means plaintiffs cannot recover compensation if they are found to be 51% or more at fault for an accident. Georgia also applies a comparative negligence standard in assessing fault. But North Carolina and Virginia follow a more strict contributory negligence doctrine, meaning the plaintiff cannot recover any compensation if he or she contributed in any way to the accident. It’s helpful to discuss those factors with a knowledgeable attorney when deciding where to file a lawsuit.

• State statutes of limitations

Each state sets deadlines for filing personal injury lawsuits. Most states allow two or three years from the date of the injury to file a personal injury lawsuit. If the case involves a government entity, the timeframe may be even shorter. However, even two years is a short amount of time to investigate an accident and prepare a lawsuit. That’s why you should consult an attorney as soon as possible after the accident.

• Third-party claims

If you were injured in an accident caused by a commercial motor vehicle from another state, such as a tractor-trailer or tour bus, the company that owns the vehicle and employs the driver may have legal responsibility for your injuries. You may want to file a lawsuit in the state where the company has its principal place of business or where an out-of-state driver resides.

These are all important considerations that our experienced out-of-state accident attorneys at Joye Law Firm will evaluate when determining how to represent our client most effectively.

Contact an Experienced S.C. Personal Injury Attorney Today

After being significantly injured in a car accident, you will benefit from speaking to an experienced personal injury attorney about your legal rights and the appropriate steps to take. A car accident attorney at Joye Law Firm can explain how an out-of-state car accident may affect your ability to pursue compensation for your losses. The consultation is free and will provide you with a clearer understanding of your legal options.

Our attorneys at Joye Law Firm have been helping South Carolina residents recover compensation for car accidents since 1968. We are an experienced law firm with a track record of success and the resources to help you after an out-of-state crash. Contact us today at 888-324-3100 or online for a free, no-obligation initial consultation.

 

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How to Prove Lost Wages in a Personal Injury Case

If you are seriously injured in a car accident or other mishap in South Carolina, you may require extensive rehabilitation. This could leave you unable to work for weeks or even months. You may use up all of your paid sick leave and have a significant loss of income. All of this may cause you to experience financial stress due to circumstances beyond your control.

At Joye Law Firm, our attorneys understand the hardship and stress you are experiencing. We want to help, if possible. South Carolina law allows personal injury victims who are harmed by the negligence of others to pursue compensation for their accident-related losses, including lost wages. With the help of an experienced personal injury attorney, you may seek compensation for your lost wages and other losses as part of a personal injury claim.

For more than 50 years, our experienced attorneys at Joye Law Firm have helped injury victims throughout South Carolina. We understand the disruptive emotional, physical, and financial impacts a severe injury can have on you and your family. Our highly regarded attorneys are dedicated to fighting for compensation to help our clients move forward with their lives.

For more information about your legal rights, contact us today to get started with your free initial consultation.

What Is Recoverable in A Lost Income Injury Case?

Through a personal injury claim, you may seek to recover compensation for any lost wages stemming from your injuries. Whether you work year-round, part-time, or full-time, you may have a right to seek compensation for lost wages if you can’t work because of someone else’s negligence.

You may be entitled to claim compensation for:

• Lost income for the time you missed work while you received treatment for your injuries
• Sick days or vacation time you were forced to use to recover or obtain treatment for your injuries
• Projected future losses in your lifetime earning capacity

It is important to consult an experienced injury lawyer to understand your options and assist you in developing your claim.

How To Document Lost Wages in Personal Injury Cases

You will need documentation of your financial losses to support your claim. The types of evidence that may be submitted to an insurance company to prove income losses include:

• Recent W-2s showing your earnings from previous tax years
• Pay stubs from before and after your injuries
• A wage verification form from your employer outlining your usual wages, the number of hours you typically work, and any days you missed work
• Business tax returns or accounts receivable records, if you are self-employed or own your own business

If you are self-employed, you should keep a record of the weeks of work you have missed and the job opportunities you have had to decline because of your injuries.

How To Prove Future Lost Earnings in a Personal Injury Case

If you sustain a severe injury that takes a long time to heal or limits the type of work you can do, the injury can substantially affect the amount of money you can earn in the future. You may seek compensation for the reduction in your future earning capacity.

Compensation for future lost earnings is intended to reimburse injury victims for decreases in their ability to earn income.

The following types of evidence can help estimate a loss of earning capacity:

• Medical records to demonstrate the long-term or permanent effects of the injury
• Letters from employers and testimony from vocational experts to show how the injury will affect work capacity
• Tax returns, pay stubs, and other wage documentation to determine how your wages have increased and would likely continue to increase over time

A personal injury attorney at Joye Law Firm can help you gather the documents needed to show the impact of your injuries on your present and future income. We will submit a demand package to the insurance company representing the at-fault party to seek full compensation for your lost wages.

Does Workers Compensation Pay for Lost Wages?

If you sustained an injury at work, you may be eligible for wage replacement benefits through your employer’s workers’ compensation insurance. Most employers in South Carolina are required to carry workers’ comp insurance to protect injured employees.

Workers’ compensation pays for medical treatment for work-related injuries and provides weekly checks to cover a portion of your lost income while you are unable to work.

How Much Does Workers Comp Pay for Lost Wages?

Generally speaking, an injured employee is entitled to receive wage replacement benefits equivalent to two-thirds of the worker’s average weekly wages earned before sustaining the work-related injury. There are four types of lost wage benefits available under the workers’ comp system in South Carolina. They are:

• Temporary total disability (TTD) – An injured worker who sustains a serious on-the-job injury may be unable to perform any work for a period of time. The worker may be entitled to TTD benefits that pay two-thirds of the injured employee’s weekly wages while the worker is out of work recovering from the injuries.
• Temporary partial disability (TPD) – An injured worker may be cleared by the treating doctor to return to work in a limited capacity. If an injured employee takes a lower-paying, light-duty job, the worker may be eligible for Temporary Partial Disability benefits. TPD benefits pay up to two-thirds of the difference between weekly pre-and post-injury wages.
• Permanent partial disability (PPD) – If you suffer a permanent partial disability as a result of a workplace accident, you may be assigned an impairment rating by the doctor when you have reached maximum medical improvement. You may be eligible for partial disability compensation based on your impairment rating.   
• Permanent total disability (PTD) – In some instances, a doctor may conclude that a worker is permanently and completely disabled. The disabled employee may be entitled to receive PTD benefits. Typically, the amount of permanent disability benefits paid is limited to 500 weeks of benefits.

Injured employees who receive workers’ compensation are typically prohibited from filing a personal injury lawsuit against their own employer. However, if a third party such as another driver was at-fault for your work-related injury, then you may have grounds for a personal injury case in addition to your workers’ comp claim.

Contact Our South Carolina Injury Attorneys for Help with Your Case

When you have been seriously injured and have experienced a loss of income in South Carolina, turn to the attorneys at Joye Law Firm for guidance about your legal options. Whether you have a workers’ compensation claim or a personal injury claim, Joye Law Firm has the experience and resources to help you. Our South Carolina injury lawyers will provide a free case evaluation and help you understand steps you can take to move forward. Contact us today.

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Understanding Truck Accident Pain and Suffering Damages

If you were injured in a truck accident in South Carolina and someone else was to blame, you may have the right to demand compensation through a personal injury lawsuit. The purpose of this compensation is to offset the financial, physical, and emotional toll that the accident has on your life.

However, recovering the money you spent on medical bills and the income you lost from time away from work may not be enough to make up for the total impact of the accident. Many truck accidents have disruptive consequences that go far beyond financial losses. If you endured physical pain, emotional distress, post-traumatic stress, or other types of mental suffering, your life may be turned upside down. You may seek compensation for those psychological injuries as well.

An experienced personal injury lawyer at Joye Law Firm can help you evaluate the types of compensation that it is appropriate to seek after an accident caused by another driver. Call us today at (888) 324-3100 or contact us online to learn more in a free initial consultation.

Can You Sue for Pain and Suffering After a Truck Accident?

In many cases, you may seek compensation for pain and suffering after a truck accident in South Carolina. At Joye Law Firm, our experienced attorneys work to demand full and fair compensation on behalf of our clients. That includes pursuing compensation for each client’s pain and suffering. We will seek evidence to support your claim for pain and suffering damages, such as:

• Testimony from friends, family, co-workers, and others close to you who have first-hand knowledge of how your injuries have affected your life
• Testimony from witnesses, such as the doctors and other medical providers who treated your accident-related injuries
• Medical records and proof of any prescriptions you received for pain relief, treatment of depression or anxiety, or other drugs you needed post-injury
• Entries from your daily diary of your post-accident pain levels, overall mood, and treatment progress, which we advise all clients to create

Keep in mind that under South Carolina’s comparative negligence doctrine, the amount of compensation you can receive from a personal injury lawsuit will be reduced proportionately by the amount of fault you are determined to bear for the underlying accident.

For example, if you suffered $100,000 in losses in an accident for which you were 25% at fault, you could receive $75,000 in compensation. If a judge or jury decides you were more than 50 percent at fault, you could be barred from recovering compensation.

Types of Damages in a South Carolina Truck Crash

The term “damages” refers to the amount of money you may be awarded in a personal injury lawsuit to compensate you for the losses you suffered due to the underlying accident. To understand how pain and suffering damages fit into a truck accident case, it’s helpful to know the three main types of damages allowed in personal injury cases in South Carolina. They are:

• Economic damages – Economic damages are awarded for specific monetary losses that have exact dollar amounts. This includes compensation for medical bills, incidental expenses, and lost wages.
• Non-economic damages – Non-economic damages are awarded for intangible losses that do not have an exact monetary value such as pain and suffering.
• Punitive damages – Punitive damages are intended to punish wrongdoers and discourage others from behaving similarly in the future. These damages are uncommon. Courts typically award them only in cases where the at-fault party acted with intentional malice or extreme recklessness.

Some states place caps on the amount of money an injured person can recover in compensation for pain and suffering. South Carolina only places a limit on pain and suffering damages in medical malpractice lawsuits. If a person has a successful medical malpractice case in South Carolina, he or she may be eligible for a maximum of $350,000 for pain and suffering Compensation.

Damages That You Can Recover After a Truck Accident

The amount of damages available after a South Carolina truck accident depends on multiple factors including the seriousness of the injuries, the degree of fault, and the insurance policies available to provide compensation.

The way pain and suffering damages are calculated can vary significantly from case to case.

Generally speaking, there are two ways insurance companies put a dollar value on pain and suffering:

• Multiplier method – In the multiplier method, non-financial damages are determined by multiplying the financial losses (medical bills, lost income, and other calculable expenses) by a number between one and five, depending on the severity of the pain and suffering the victim experienced.
• Per diem method – In this method, the accident victim is given a certain amount of compensation for each day they are expected to experience pain and suffering.

In most cases, victims and their attorneys will send demand letters to the insurance companies requesting a certain amount of compensation for pain and suffering. Then, the company or companies will make a counter-offer. If the parties cannot agree on a settlement amount, the case can go to trial, where a judge or jury will determine how much to award for pain and suffering.

When personal injury lawyers, insurance adjusters, and juries calculate pain and suffering damages, they typically consider the following factors:

• The nature and severity of the injury and subsequent pain
• How long it took for the pain to subside
• The age and overall health of the victim before and after the accident
• Whether the injury or pain caused the victim any limitations
• Whether the injury or pain prevented the victim from participating in or enjoying their daily life, usual activities, or hobbies
• How the injury or pain affected the victim’s relationships with others
• Any other ways the injury or pain impacted the victim’s life

In addition to pain and suffering damages, you may be entitled to compensation for the following losses:

• Past and future medical expenses
• Incidental, out-of-pocket costs
• Lost wages from missed time at work
• Losses in future earning potential
• Repair or replacement costs for vehicle damage

Truck Accident Pain and Suffering Settlement Examples

Here are just a few of the truck accident case results we have secured for deserving South Carolina injury victims, many of which included pain and suffering damages:

• A $12 million trial verdict for a father and infant son killed in an 18-wheeler crash
• A $6 million trial verdict for a work-related truck accident case
• Two $3.86 million settlements for the families of two South Carolina men who were killed in a single tractor-trailer accident
• A $2.3 million settlement for a moped rider who was struck by an 18-wheeler
• A $1.025 million settlement for another tractor-trailer accident case
• A $975,000 settlement for a severe back injury caused by a truck accident
• A $375,000 settlement for a truck driver who suffered a brain injury as the result of a tractor-trailer accident

Every case has factors that make it unique. Our past results are not predictive of the outcome of future cases. But they do show our experience handling complicated truck accident cases and the effort we make on behalf of our clients to seek a positive outcome.

Contact an Experienced Truck Accident Lawyer at Joye Law Firm Today

At Joye Law Firm, our mission is to help you seek full compensation for your accident-related losses, including for the pain and suffering you have endured. Call our firm today at (888) 324-3100 or contact us online for a free initial consultation with a South Carolina truck accident lawyer.

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Can I File An Injury Claim If I Was Not Wearing A Seatbelt?

Science has proven that wearing a seat belt while in a motor vehicle is the best way to protect yourself from injuries in a crash. That’s why South Carolina requires drivers and passengers to wear seat belts. The law also requires that younger children ride in car seats. Since wearing seat belts became mandatory, the rate of seat belt use has climbed to about 90 percent nationwide and countless lives have been saved, according to federal statistics.

Still, some drivers and passengers get into car crashes while not wearing seat belts and sustain serious injuries. If you need to file an injury claim, you may have questions about the legal consequences of not wearing a seat belt on your claim.

South Carolina law says specifically that the failure to use a seat belt cannot be admitted as evidence in a civil action such as a personal injury lawsuit. If an insurance company tells you that it is denying your car accident claim or reducing a settlement in a South Carolina wreck because you were not wearing a seat belt, you need to speak to an experienced car accident attorney right away. At Joye Law Firm, we can stand up to insurers that try to shift the blame. We can help you demand just compensation after a car accident caused by another motorist.

South Carolina’s Seat Belt Law

South Carolina’s seat belt law says that every driver and passenger in a motor vehicle must wear a fastened safety belt that meets federal requirements when the vehicle is being operated on public streets or highways.

The driver is responsible for requiring every passenger 17 years old or younger to wear a safety belt or to be secured in a child restraint system. If a passenger 17 years old or younger has a driver’s license or beginner’s permit, that passenger may be ticketed separately for not wearing a seat belt.

In 2005, South Carolina changed its seat belt law to make it easier for police to ticket people for failure to wear seat belts. Under the old law, an officer could only cite a motorist for a seat belt violation if the motorist had been stopped for another violation.

Under the revised law, law enforcement officers can stop drivers if they see that a driver or passenger is not wearing a seat belt or has not been secured in a child restraint system. If you violate the S.C. seat belt law, you are subject to a fine. A seat belt violation does not result in points against an individual’s driver’s license and is not reported to insurance companies.

South Carolina’s seat belt law does not apply to:

• A driver or passenger who has written verification from a physician that he is unable to wear a safety belt for physical or medical reasons
• Medical or rescue personnel attending to injured or sick individuals in an emergency vehicle
• School, church, or daycare buses
• Public transportation vehicles, except taxis
• Passengers of vehicles in parades
• United States mail carriers
• A passenger for whom no seat belt is available because all belts are being used by other passengers
• A driver or passenger in a vehicle not originally equipped with safety belts.

Can I File a Lawsuit If I Wasn’t Wearing a Seat Belt?

South Carolina’s seat belt law says, “A violation of this article is not negligence per se or contributory negligence, and is not admissible as evidence in a civil action.” This means that your failure to wear a seat belt does not keep you from filing a lawsuit against another party responsible for a car accident.

You may file a civil lawsuit if the at-fault driver’s insurance company refused to settle a claim appropriately, such as by offering too little money as a settlement or denying your claim altogether.

The insurance company would defend their policyholder by presenting any evidence in their client’s favor that showed that you were responsible for the accident. But this evidence could not include the fact that you were not wearing a seat belt.

Can I Be Compensated After a Car Crash Without a Seat Belt?

South Carolina’s seat belt law refers to the doctrine of negligence, which prevents an injured party from collecting any compensation after a car accident if he or she was primarily to blame.

Failure to wear a seat belt is not available as evidence when determining comparative negligence, a rule that allows blame to be shared and damages to be awarded based on each individual’s share of fault.

Under comparative negligence rules, each party in a lawsuit is held liable for the amount of responsibility they bear for the accident. For example, imagine that you have a claim for $10,000 in damages from a collision with another vehicle. If you had zero responsibility for the accident, then you would be entitled to recover the full $10,000. However, if a jury decided you were partly at fault and assigned you 20 percent of the blame for the accident because you were speeding, then your compensation would be reduced by that percentage. So, in that case, you would be eligible to recover $8,000.

If a South Carolina jury determined that you were 51 percent or more at fault for an accident, then you would not be eligible to recover any compensation.

If you do not wear a seat belt, it is likely that the injuries you suffer in a crash will be worse than they would have been if you were protected by lap and shoulder restraints. This may prompt an insurance adjuster to balk at paying your injury claim. A knowledgeable attorney can stand up for your rights and prevent an insurance adjuster from trying to shift the blame to you.

Contact an S.C. Car Accident Attorney Today

If your life has been upended by an auto accident, our South Carolina car accident lawyers can fight for your rights and prevent insurance companies from taking advantage of you. Call Joye Law Firm at (877) 936-9707 or use this online contact form today for a free review of your case. We handle car accident cases from Columbia, Myrtle Beach, North Charleston, Clinton, Summerville, and across South Carolina.

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Should You Move Your Car After an Accident?

In the stress and confusion after a car accident, you may wonder whether you should move the wrecked vehicles off of the road. Some will argue that it is best to clear the roadway. Others will maintain that police need to see the undisturbed crash scene.

There are several things you must do after a car accident. But you should not move a vehicle if someone has been killed or seriously injured in the accident. If the accident has only caused property damage and your vehicle is blocking traffic, you are expected to move it off of the road if you can do so safely.

Immediately after a car accident, you need to try to collect yourself and get ready to deal with the crash in a calm, business-like manner. First, assess whether you are hurt and how badly. Check on passengers and others if you are able, and determine whether an ambulance is needed. Phone 911 and request help. Then, determine whether you should move your vehicle.

Is It Illegal yo Move Your Car After an Accident?

Some people have the mistaken idea that it’s illegal to move their car after an accident. Let’s try to reassure anyone who thinks they may get into trouble for moving their car after it is involved in a car accident. You won’t. What the law requires is that drivers remain at the scene of an accident.

Under South Carolina law (SC Code § 56-5-1210 (2012)), drivers must stop and remain at the scene of an accident that causes injury or death until they have completed requirements under another statute, SC Code § 56-5-1230 (2012). This is the requirement to share your name, address, driver’s license, and insurance information and to help anyone who has been hurt.

A driver in an accident is required to stop at the scene of the accident or as close to it as possible. You should stop your vehicle without obstructing traffic more than is necessary. The law stipulates that a driver is allowed to leave the scene of the accident to report it to authorities and then return. But given the prevalence of cellphones today, you should be able to report the accident without leaving the scene to do so.

If the accident has caused someone to be killed or seriously injured, do not move your vehicle. The law says at 56-5-1210(B) that, “where a vehicle has been involved in an accident resulting in great bodily injury or death to a person, the vehicle shall not be moved until it is authorized by the investigating law enforcement officer.”

“Great bodily injury” means bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement, or impairment of bodily function.

It can be difficult to determine whether a person in a car crash has suffered injuries that meet the definition of “great bodily injury.” When in doubt, do not move your vehicle after a crash that has badly injured someone. There are no penalties for failure to move a vehicle out of the road after an accident.

What You Must Do If You Get in a Car Accident

The South Carolina statutes and the state’s motor vehicles code detail nine things you must do if you get into a car accident:

• Stop your vehicle immediately and as close to the accident as possible.
• If there is only damage to the vehicle and the vehicle is obstructing traffic, make every reasonable effort to move it safely off the roadway
• Remain at the scene of the accident until you have completed certain required acts, including:
• Provide your name, address, and license plate number of the vehicle.
• Show your driver’s license if requested.
• Provide assistance to anyone injured, including transporting or making arrangements for them to be taken to a doctor or hospital by calling for an ambulance.
• After colliding with an unattended vehicle, either locate the operator or owner of the vehicle and provide your name and address or leave a note with this information in a conspicuous place on the damaged vehicle.
• After an accident resulting only in damage to fixtures legally upon or adjacent to a highway such as a fence, or mailbox, take reasonable steps to notify the owner or person in charge of the damaged property and provide your name, address, license plate number, and, if requested, driver’s license.
• Immediately report any car accident that has caused injury, death, or property damage worth $1,000 or more to the local police department, county sheriff, or nearest office of the South Carolina Highway Patrol. If the accident is not investigated by police, sheriff’s deputies, or the highway patrol, report it in writing to the S.C. Department of Motor Vehicles within 15 days of the accident.

In most cases, you can take care of the above by phoning 911 or local police department. When first responders arrive, cooperate with them to provide the required information and to ensure that anyone who is injured receives medical treatment.

If you can do so safely, it is good to take photos of the vehicles in the crash before they are moved off of the road and/or immediately afterward.

Situations in Which You Should NOT Move Your Vehicle After an Accident

After a car accident, safety should be your primary concern. The main reason to get cars off of the road after a crash is to avoid the hazard they may create for other drivers. If moving your vehicle is not safe, you should not move it.

In addition to not moving a vehicle if a person in it has been killed or severely injured, it may be unsafe to move a crashed vehicle if:

• The shoulder of the road is unstable, not wide enough, or otherwise would not support vehicles safely.
• There is an overwhelming odor of gasoline. This could be a fire or explosion hazard. Get away from the vehicle.
• Crash debris in the roadway makes it unsafe to move the vehicle.

You are not be expected to move a vehicle if its damage has made it impossible or unsafe to operate.

If you feel like it is not safe to move your vehicle, then don’t. When the police arrive, they will either direct you to move your vehicle or move it for you if they want it relocated or towed away.

Contact a Car Accident Attorney in South Carolina

If someone else was responsible for a car accident that left you injured, you should consult a knowledgeable personal injury lawyer about your eligibility to seek compensation for your injuries and other losses. At Joye Law Firm, our South Carolina car accident attorneys fight hard for our clients. We are ready to discuss the circumstances of your car accident injuries today. Contact us online or by phone at 888-324-3100 now to get started with a free consultation.

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Why More Trucking Accidents Happen During the Holidays

There’s no good time for a truck accident, but they can be especially devastating when they happen near holidays.

Summer and winter holidays are traditionally busy times for visiting with family and friends. Many people choose to travel by car around holidays. All that extra traffic on highways makes it harder for commercial truck drivers to maneuver safely, increasing the risk of accidents involving cars and other trucks.

If you’ve been injured in an accident caused by another driver, our attorneys can help you understand your legal options. If you have a valid claim, we’ll help you pursue fair compensation for your injuries and other losses. Founded more than 50 years ago, Joye Law Firm has helped thousands of South Carolinians rebuild their lives after serious accidents. Our attorneys seek to make a positive difference in the lives of people who turn to us for help, and we’re eager to help you. Contact us today for a free initial consultation with a truck accident lawyer in South Carolina.

Holiday Truck Accident Statistics

A recent study from the South Carolina Department of Transportation found that there were 162 truck accidents that resulted in serious injuries in a single recent year. 104 of those truck crashes resulted in deaths.

Holiday traffic deaths in South Carolina were as follows:

• Memorial Day – 9 deaths
• Fourth of July – 13 deaths
• Labor Day – 16 deaths
• Thanksgiving – 22 deaths
• Christmas – 4 deaths
• New Year’s – 4 deaths

A Help Advisor analysis of National Highway Traffic Safety Administration crash data from 2015 through 2019 found that South Carolina had the second-highest per capita rate of fatal holiday accidents for the Christmas and New Year’s holidays.

Holidays are a time of parties and celebrations which often include alcohol consumption. Approximately 44 percent of fatal holiday accidents in South Carolina involved drunk or impaired drivers compared to a national average of 33 percent, the analysis found. There is no good reason to drive while impaired.

Reasons That May Contribute to More Truck Accidents During Holidays

There are reasons that help explain why truck accidents happen more often during the holidays, such as:

• More drivers and trucks on the road – The holidays typically see a significant increase in goods being shipped to stock store shelves. The more drivers there are on the road, the more likely accidents are to occur. Online shopping has increased the number of delivery trucks dropping off packages around the end-of-year holidays such as Christmas, Hanukkah, and Thanksgiving.
• Bad weather – Tractor-trailers are particularly vulnerable to accidents in poor weather conditions because they’re large, heavy vehicles. Trucks take more room to stop than automobiles. During the winter months, truck drivers in South Carolina are more likely to encounter wet roads and hazardous driving conditions. Slick roads greatly increase a heavy truck’s stopping distance. A truck driver who hasn’t slowed down sufficiently to take into account the hazardous driving conditions may be unable to stop in time to avoid a crash if traffic slows or brakes unexpectedly.
• Driver fatigue – As truck drivers rush to make holiday deliveries, they often find themselves working long hours without adequate rest. Federal hours of service rules limit the amount of time commercial truck drivers engaged in interstate commerce can drive without rest breaks. The rules are intended to minimize truck driver fatigue, which is a serious issue. But tight holiday delivery deadlines may cause truckers to disregard the rules. Tired truck drivers have dulled reflexes and may even fall asleep at the wheel.
• Impaired driving –Holidays can be difficult times for truck drivers who are on the road and spending the holiday apart from family. Alcohol consumption goes up around holidays. Accidents involving impaired truck drivers are rare, but they do happen, even though the percentage of commercial truck drivers arrested for driving while intoxicated is smaller than the percentage of impaired drivers in the general population. Commercial truckers know they stand to lose their commercial driver’s license and their livelihood if convicted of impaired driving.

Tips For Drivers to Stay Safe During Holidays

If you are traveling by car during the holidays, you are likely to encounter large trucks on South Carolina highways.

Here are tips for driving around large trucks to help prevent accidents:

• Avoid lingering in a truck’s blind spots. Tractor-trailers have large blind spots in which smaller vehicles cannot be seen by the truck driver. Pass a truck or slow down to let the truck pass to avoid driving directly beside a big rig.
• Avoid passing trucks on a downhill section of highway. Trucks tend to pick up speed on downgrades. Do not pass on the right side. A truck driver isn’t expecting cars to pass on the right side and is more likely to overlook you in a blind spot.
• Reduce your speed, especially in heavy traffic.
• When following a truck, allow plenty of space between your vehicle and the truck in front. Tailgating a truck is dangerous.
• Anticipate that a tractor-trailer will make wide turns. If a truck has a turn signal flashing, do not try to squeeze by the truck. When stopped at intersections, do not stop in front of the line. Trucks need that space to make wide turns.
• Be sure to wear your seat belt when in a car.
• Do not drive while impaired under any circumstances.
• Watch out for other drivers who may be impaired, and report them to the police.
• Avoid distractions and keep your eyes on the road.
• Leave early and give yourself plenty of time to reach your destination.

Contact a Commercial Truck Accident Attorney Today

Have you been hurt in a commercial truck accident in South Carolina? If another driver was at fault, you may be entitled to seek compensation for your medical bills, lost income, and other expenses. Accidents involving commercial trucks may involve several insurance companies and can be more complicated to resolve. You will benefit from the guidance of an experienced S.C. truck accident attorney. Contact Joye Law Firm today for a free consultation with a South Carolina commercial truck accident lawyer.

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Getting a New Job While on Workers’ Comp

The objective of workers’ compensation insurance is to support an injured worker financially and provide needed medical treatment until he or she recovers and is ready to return to work. But some people who have been badly injured at a job might consider a new line of work and wonder whether they can change jobs while still receiving workers’ compensation benefits. An injured worker might wonder what effect a job change will have on the workers’ comp checks they have received and are receiving.

If you have suffered an on-the-job injury that puts you out of work, you should receive workers’ comp medical benefits and lost wage benefits, regardless of who employs you later.

However, a job change may have an impact on your lost wage benefits. You should not be surprised if your former employer argues that the company no longer has any obligation to pay you and attempts to discontinue your lost wage benefits.

To avoid doing anything that could jeopardize your benefits after a workplace injury, you should consult a South Carolina workers’ compensation attorney. At Joye Law Firm, our attorneys take a sincere interest in helping people move forward after workplace injuries. If you are considering resigning and taking a new job while on workers’ comp, an experienced workers’ compensation attorney at Joye Law Firm in Charleston, SC can help ensure all benefits to which you are entitled continue uninterrupted.

S.C. Workers’ Comp Rules for Benefits

Most people employed in South Carolina are covered by workers’ compensation insurance. This no-fault coverage provides benefits if an employee is injured in an accident on the job or develops a work-related medical condition.

An injured employee should immediately inform their employer of their on-the-job accident, and in no case any later than 90 days from the date of the incident. Once the employer has notice of the accident and injury, a claim should be established to provide the injured worker with the following benefits:

• Medical benefits covering 100% of the treatment costs due to the work-related injury
• Lost wages (temporary disability benefits) paid weekly representing 2/3 of their pre-injury average weekly wage if unable to work entirely, or 2/3 of the difference between their pre- and post-injury wages if the injury has caused them to now earn less

There are additional payments available for permanent disability or work-related death.

Most injured workers receive medical benefits and temporary disability payments as outlined above and eventually recover and return to work. Once you reach “maximum medical improvement,” you may be released by the doctor to return to work, or you may be declared permanently disabled and not be expected to work again.

A worker who has completed all medical treatment and has fully recovered is generally no longer eligible for work comp benefits.

What Happens to My Workers’ Comp Benefits if I Change Jobs?

Where you work has no impact on your medical needs. Changing jobs should not affect the payment of South Carolina workers’ compensation medical benefits. All of your bills for medical treatment, medication, and rehabilitation connected to your workplace injury should be paid and continue to be paid as long as needed in order to recover.

But if you resign to take another job, your former employer may try to argue that you no longer should receive weekly lost wage checks. If you accept a job that pays the same or more than the position you are leaving, your lost wage benefits may be terminated. But things may be different if the new job pays less.

If you are moving to a less intensive job because your injury prevents you from returning to your old job and the new job pays less, you may continue to receive a disability payment. As your workers’ compensation lawyers, we would argue that you are continuing to lose income because of your workplace injury and that makes you eligible for workers’ comp partial disability payments.

If you found you were unable to perform your new job duties because of your injury, you might be able to resume receiving your full lost wage benefits. You would likely need a workers’ comp lawyer as well as medical evidence of your work limitations to get the S.C. Workers’ Compensation Commission to reinstate your benefits.

Factors to Consider Before Taking a New Job

If you are receiving workers’ compensation benefits and want to accept a new job offer, you may wish to choose to settle your workers’ comp claim before resigning. If you take a new job that pays more while your claim is still open, your former employer’s insurer may try to seek reimbursement of lost wage benefits paid while you have been earning income at your new job.

A workers’ compensation attorney can help you settle your claim before or after you decide to take a new job. Settlements can be in the form of a full and final agreement (a “clincher”) or an agreement with continued coverage for future medical needs (a “16A”). An experienced work comp attorney can help you decide which is best for you and your particular case and claim.

If you are moving to a new job, your former employer’s workers’ comp insurance administrator may welcome the opportunity to settle your claim.

Contact a South Carolina Workers’ Compensation Lawyer

Workers’ compensation is a complex system guided by regulations tailored for all types of injuries, illnesses, medical care, recoveries, and employment situations. If you are receiving workers’ comp, any change in your life – such as taking a new job – could have a negative impact on your claim if handled incorrectly.

At Joye Law Firm, our S.C. workers’ compensation attorneys have dedicated decades to helping injured workers across South Carolina seek the benefits they need to move forward with their lives. An initial discussion about your workers’ compensation claim is free. We do not charge for any legal work unless we make a recovery for you.

Joye Law Firm has offices in North Charleston, Myrtle Beach, Summerville, Columbia, and Clinton, SC. Contact us today at 888-324-3100 or online to discuss a workers’ comp claim or issues such as a job change that could affect your open claim.

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