What to Do if the Driver Who Hit You Is a Teenager?

A car accident can leave you injured, lead to extensive medical bills, and require a lengthy recovery period. If your accident involves a teenage driver, you may face complex issues regarding liability and compensation. If the teenage driver is a minor and at fault for the accident, you may file a claim against their parents’ insurance company to cover your accident-related damages.

If a teenage driver has their own auto insurance policy, their parents or legal guardians who signed their permit or documentation may still share in the liability in the accident. A lawyer can investigate the accident to establish the percentage of fault that should be attributed to the teenage driver and their parents‌.

When Can Parents Be Liable for a Car Accident Caused by Their Minor Teenager?

South Carolina holds parents liable for injuries and property damage caused by their minor children, especially in car accidents. If the auto insurance doesn’t cover all your damages, the parent or guardian who signs a minor driver’s license application is responsible for damages the underage driver caused.

If the minor lives with their parents or guardians and the actions were malicious or willful, you may sue the parents or guardians for damages in a civil lawsuit. Parental liability is usually capped at $5,000 except under South Carolina’s family purposes doctrine.

What is South Carolina’s family purposes doctrine?

If the parents’ behavior led to their minor children causing damage or injury, they can be liable for damages beyond the parental liability cap of $5,000. This liability arises from the family purpose doctrine. Under this doctrine, a family head who provides a family car may be liable for $5,000 in damages if they allow a child to use it unsupervised.

A South Carolina Supreme Court decision states that if the parent is the vehicle owner, the court must determine if the family drove the car for general use and convenience. If a minor child did not use the vehicle for its general use and convenience, the parent wouldn’t be liable for the accident as there is no relationship between the parent and the minor child.

The complexities of South Carolina’s laws around minor drivers and their parents in accidents require the advice of legal counsel. Having your legal matter investigated by one of the South Carolina auto accident lawyers at the Joye Law Firm can help you determine your legal options after your accident.

Investigating a Car Accident Involving a Teenage Driver

When your lawyer investigates the accident, they look for evidence that proves the teen driver was at fault for the accident. They may take the following steps in their investigation:

Gather accident evidence:

A lawyer can assess liability using photos of skid marks, debris from the vehicles involved, and guardrail damage. Cellphone footage, surveillance cameras, and traffic cameras may also help establish liability.

Look at cellphone records:

Teen drivers cause more fatal crashes than any other age group when they are distracted while driving. A teenage driver’s phone records may show whether they were distracted when they hit you or a loved one.

Review the police report:

If a police officer was on the scene, they should have completed a police report. Your lawyer can read through the police report to determine liability and build your case. The police report contains details about the time, date, location, and weather conditions during the accident.

It also includes a diagram of the accident, statements from witnesses, and the police officer’s opinion on who is responsible.

Seeking Financial Compensation After an Accident with a Teen Driver

Once your lawyer determines the teenage driver shares fault in the accident, you can pursue different avenues of financial compensation. These involve the following options:

Uninsured/underinsured insurance claim:

If a teenage driver only had a minimum car insurance policy or did not have one at all, you may file an uninsured/underinsured insurance claim with your insurance company. This type of claim can be filed if your damages exceed the insurance coverage of the teenage driver.

Third-party liability claim:

The state’s dram shop laws can hold vendors liable for offering alcohol to underage drivers. It is possible to hold social hosts responsible for serving underage drivers, and employers may also be liable for the actions of their teen drivers in some cases.

A Car Accident Attorney Can Help If You Have Been in a Collision with a Teenager

If you suffer injuries due to an accident with a teenage driver in South Carolina, contact Joye Law Firm as soon as possible. We can help you determine the best legal course of action for receiving compensation, including whether to make a claim against the driver’s insurance or their parents’ policy.

The lawyers at Joye Law Firm will also examine the details of your case to determine liability in the accident. For a free consultation, call us today to schedule an appointment with one of our lawyers.

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What to Do if You’re Injured as a Passenger on a Motorcycle

If you’re riding on a motorcycle as a passenger and you get into an accident, it can be a frightening experience. How you handle your accident after it has occurred can seriously impact whether you receive fair compensation. Take the steps below as soon as possible to preserve your chances of getting the settlement you deserve.

1.    Get Off the Road if You Can

When a motorcycle accident occurs, it is vital to get off the road as soon as possible to avoid further injuries to you and the driver. If you can safely move the bike out of traffic after an accident, do so immediately.

Otherwise, remain with the motorcycle until help arrives or until it is safe for you to get off the road. This is especially important if you have been injured and need medical attention. Call 911 and let the emergency medical services know ‌you were involved in an accident with a motor vehicle.

2.    Seek Medical Attention

Check yourself, the motorcycle driver, and others involved in the accident for injuries. No matter how minor the injuries are, ‌you need to get medical attention as soon as possible if anyone is hurt. Concussion symptoms, such as memory loss and poor balance, may not show up for days or weeks after an accident due to shock.

If you seek medical attention immediately, you can avoid undiagnosed serious injuries. A medical evaluation can provide documentation of your injuries that will be useful if you decide to seek compensation. Keep track of all hospital visits, treatments, and test results related to the accident.

3.    File a Police Report

A police officer will arrive at the scene and complete an accident report. Police are essential in documenting the incident, speaking with witnesses, and obtaining statements from all parties involved.

When the officer speaks to you, ensure you state the details of the accident. Do not speculate about who is at fault. Admission of responsibility can be used against you by the insurance companies not to give you full compensation for your injuries, so stick to the facts and don’t say more than necessary.

The officer concludes their investigation by creating a report of what happened in the accident. Ask the police officer where you can pick up the final police report to use to file an insurance claim.

4.    Document the Scene of the Crash

Photographs and videos are extremely helpful in documenting an accident scene. If your surroundings are safe enough, and you are physically able to do so, take photos and videos of the accident scene. Your photos and videos should also include your motorcycle, other vehicles involved, the road condition, traffic lights, and the surrounding area. This will give you a better understanding of what happened and help your attorney determine liability.

5.    Keep an Account of Your Injuries

If you can’t document the accident scene, document your recovery from your injuries. These photos and videos are essential to show the extent of your injuries and how long it took you to heal.

Keep other records related to your injuries, such as out-of-pocket medical expenses and pay stubs from before the accident. You can also write a journal of the pain and suffering you felt after the accident. This journal is helpful when discussing the accident with your lawyer and building your claim.

6.    Speak to a Lawyer

Reach out to a lawyer as soon as you can after your accident. A lawyer can advise you on what steps to take to protect your rights after an injury-causing collision. They can also assess the amount of compensation you may receive for your medical costs and pain and suffering damages.

The South Carolina motorcycle accident lawyers at the Joye Law Firm can help you hold the driver liable for your injuries if they violated traffic laws while you were riding on their motorcycle. These types of cases may be complex since you may have been riding with a family member or a friend. Usually, their insurance company covers the damages, enabling you to receive compensation without harming your relationship.

Call Our Experienced South Carolina Motorcycle Crash Attorneys

If you were hurt in a motorcycle accident as a passenger, reach out to a knowledgeable motorcycle accident lawyer at the Joye Law Firm. We can help you get the maximum compensation you need to help you recover from your injuries.

Contact us today for a free case evaluation and learn the legal steps you need to take to get a fair settlement.

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Are Cyclists Ever at Fault for Crashes with Cars?

Bicyclists in South Carolina have the same rights to the road as motorists. They must also adhere to the same traffic laws as anyone who drives a car, truck, or SUV.

If you were riding a bicycle and were hit by a car, you may be entitled to compensation, including for your property damage, medical bills, and emotional distress. However, South Carolina’s contributory negligence doctrine may prevent you from receiving maximum compensation if you are partially at fault.

Work with the team of South Carolina bike accident lawyers at Joye Law Firm to help you reduce any partial negligence and get the settlement that you deserve.

What Laws Do Bicyclists Have to Follow?

A bicyclist must adhere to several state laws to ride on public roads, which include both how to use roads and what your bike needs to be street legal. If you ride a bicycle in South Carolina, keep the following in mind:

• You must place a front-facing light and a rear-facing reflector on your bike.
• Your bike must have functioning brakes.
• Do not carry a passenger unless your bike has been adapted to carry one.
• Follow all traffic signals and signage just like you would in a car (this means you can’t proceed through a stop sign with stopping, for example).
• Keep at least one hand on the handlebar at all times.
• Use the bike lane whenever one is available.
• Keep to the right when riding.

It’s especially important for bicyclists to obey road signs and traffic signals. Failing to do so not only puts you in harm’s way, but it also leaves you open to partial legal liability if you are struck by a car. That means it will be harder to get compensation for your injuries, and you may restricted from getting the full amount of compensation you need.

South Carolina law does not require cyclists to wear a helmet. However, doing so can prevent more severe injuries if you are involved in a collision with a car, which is why we always recommend doing so.

When Are Car Drivers at Fault for Bike Accidents?

Motorists must give bicyclists the same courtesy as they would drivers of other vehicles. They should also exercise a duty of care toward cyclists and yield the right of way in certain situations. The driver of a car may share liability for an accident in several circumstances, including:

• Driving into the bicycle lane: Drivers may not block the bicycle lane when there is oncoming bicycle traffic. They are also expected to yield the right-of-way to bicycles entering and crossing the bike lane.
• Failing to stop at a stop sign: Drivers must stop at stop signs and any clearly marked stop line. Intersections are the most common location for collisions, because drivers fail to stop at stop signs, brake too late at stop signs and hit the bicyclist’s rear tire, or because they turn without checking the crosswalk for bikes.
• Driving while impaired: South Carolina law prohibits driving while intoxicated if the driver’s ability to drive is substantially and appreciably impaired by alcohol. The driver may be charged with DUI if their BAC is 0.08 percent or higher.

When Are Bicyclists at Fault for Collisions?

A bicyclist can be found at least partially at fault if there is evidence that they were riding recklessly or contributed to their own accident. For example, cyclists may be held liable if they were riding distracted or impaired at the time of the accident.

• Riding without lights at night: Bicyclists must have a front lamp and rear reflector on their bicycles when they ride at night. The white light must emit at least five hundred feet, and the reflector must be visible from 50 feet to 300 feet to the rear.
• Riding against traffic: Bicyclists have to obey the flow of traffic just like other motor vehicles. In addition, according to South Carolina law, bicyclists must be in the bicycle lane on all roadways. When there is no bicycle lane, they must stay as far to the right in the lane as possible. Cyclists may ride on the road’s shoulder when available.

When Does a South Carolina Bicyclist Share Liability in a Car Accident?

South Carolina follows contributory negligence law, in which a jury decides the percentage of liability between the bicyclist and the driver (if a case goes to trial). If a bicyclist is less than 51% at fault for an accident, they may still receive compensation. However, if a cyclist is more than 50% at fault, they lose all rights to damages.

If you bring a case against a driver who hit you while you were biking and the court decides that you bear 15% responsibility for the accident, your compensation will be reduced by 15%. Alternatively, if the car’s driver proves you are 60% responsible, you won’t win any compensation for your injuries.

Contributory negligence makes it vital that you seek experienced legal representation to prove the other party is at fault for the collision and minimize your liability.

Reduce Your Share of Fault with a South Carolina Lawyer

If you are partially at fault for a bike accident or if the driver who hit you is claiming you are at fault, you need to contact the bike accident attorneys at Joye Law Firm. We can help you navigate contributory negligence and receive the financial compensation you deserve for your injuries.

Reach out today for a free case evaluation to discuss the merits of your claim and learn how we can help you.

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Joye Law Firm Presents $100,000 Memorial Contribution to Charleston Animal Society

The North Charleston shelter’s play yard to be renamed in honor of Joye Law Firm’s client and his dogs.

June 8, 2022 CHARLESTON, SC – The Joye Law Firm, a North Charleston-based personal injury law practice, presented a $100,000 memorial contribution to the Charleston Animal Society today. The firm represents the estate of Mr. Johnny Scott, a local man who was paralyzed and later died from injuries sustained in an automobile Collison. Even while hospitalized and fighting for his life, Johnny’s main concern was making sure someone was caring for Gina and Luca, his two beloved Cane Corsos. During their time of need, the Charleston Animal Society stepped up and provided care and shelter to the dogs, who were often seen playing together in the facility’s play yard.

“For Johnny, like for many of us, his dogs were more than pets. They were family,” says Attorney Jeff Gerardi, the attorney handling Mr. Scott’s case and a fellow dog-lover. “This contribution will go to help other families and pets during difficult times, which we feel is an appropriate way to honor Johnny’s memory and help preserve his legacy,” adds Mr. Gerardi of the donation.

After Johnny’s tragic passing, the Charleston Animal Society worked tirelessly to ensure his two dogs would be re-homed and well-loved once more.

The firm’s $100,000 will go toward revitalizing the shelter’s play yard, the same area that was so special for Gina and Luca during their time there. The yard will be renamed in honor of Mr. Scott and his dogs.

“The Animal Society did so much good during such a bad situation,” adds Attorney Ken Harrell, managing partner of the Joye Law Firm, which sits just over a mile from the shelter. “The people of Charleston are extremely lucky to have a world-class animal rescue organization right here in our backyard. Our firm has been a proud supporter of theirs for the past 15 years, but getting a firsthand view of how they went above and beyond under these tragic circumstances gave us pause. We knew we needed to recognize the good they did for our client and his dogs, as well as for the thousands of others in our community during their time of great need.”

The attorneys presented the donation to Joe Elmore and Kay Hyman of the Charleston Animal Society on June 8^th at 1:30pm at the shelter, which is located at 2455 Remount Rd, North Charleston, SC.

The event was attended by members of the media and the public.

Photos

 

 

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Defensive Driving: How It Can Help You

Defensive drivers try to anticipate dangerous traffic situations and react promptly to reduce the chances of an accident.

Many of us learned about defensive driving techniques in high school driver’s education courses. Whether or not you took a driver’s ed class, it’s never too late to make defensive driving a habit. Driving defensively gives you the best chance of avoiding a serious accident, even if another driver makes a mistake.

At Joye Law Firm, our attorneys have seen too many times the harm caused by careless drivers and aggressive drivers who did not practice defensive driving. Every day, unsafe drivers cause serious accidents that would’ve been prevented if that driver would have taken some simple precautions. In contrast, drivers who apply the principles of defensive driving make the roads safer for everyone.

What is Defensive Driving?

Defensive driving uses certain safe driving strategies to help motorists respond to road hazards in a predictable manner and compensate for errors by other drivers.

Defensive drivers prepare themselves to anticipate the unexpected.

What Are Examples of Defensive Driving?

It’s helpful to review the elements of defensive driving. You drive defensively when you:

• Plan Ahead—Defensive drivers are constantly looking up the road and planning ahead. The planning starts even before the driver puts the keys in the ignition. A defensive driver checks the weather forecast and allows some extra time to get to a destination if they will be driving in rain or other adverse weather conditions.
• Always wear a seat belt— South Carolina law requires drivers and passengers to wear seat belts. But every year, people are tragically injured or killed because they weren’t wearing seat belts. During a collision, seat belts keep drivers and passengers from being thrown about the inside of a car or ejected from a vehicle. No one expects to get in a crash when they set out in the morning, but crashes happen. Buckling up is an example of the principle of being prepared for the unexpected.
• Maintain Adequate Space—Defensive drivers manage the space around their vehicles to provide a margin of safety. They maintain a safe following distance of three to four seconds behind other traffic to allow room to stop if the driver ahead stops unexpectedly. Rear-end collisions are common at intersections. Many collisions can be avoided by managing the space in front of your vehicle and not following too closely.
• Situational Awareness—Defensive drivers constantly scan their surroundings and check their mirrors to be aware of surrounding traffic, including vehicles overtaking them and traffic at intersections. To be vigilant, drivers must avoid distractions that take their eyes off the road or focus off the task of driving.
• Avoid distractions — Many drivers underestimate how talking on the phone, texting while driving, and other distractions adversely affect their ability to avoid an accident. A car traveling at 55 mph can travel the length of a football field in the time it takes to read a typical text message, which is about five seconds. That’s more than enough time to plow into the car in front of you if you aren’t looking.
• Stay calm at all times — Defensive drivers control their emotions. Staying calm allows a driver to evaluate hazardous situations and respond. Anger often clouds drivers’ judgment, making it harder for them to recognize and react to potential hazards.
• Intersections—Defensive drivers who are stopped for a red light make sure after the light turns green that all traffic has cleared the intersection before proceeding. Defensive drivers keep in mind that some unsafe drivers speed through intersections after the light has turned red. They don’t let another driver’s unsafe decision to speed through a red light cause a crash.
• Follow posted speed limits — The faster a car is moving, the harder it is to control, and the more distance it requires to stop. Speeding makes it more difficult for drivers to recognize traffic hazards and react in time to them. The posted speed limits on South Carolina roads and highways are the top speeds at which drivers may go under ideal conditions. Defensive drivers reduce their speed when driving on wet pavement or in adverse weather or heavy traffic to allow more room to stop.
• Have an escape route in mind — Car accidents often happen quickly. As part of thinking ahead and anticipating situations, defensive drivers consider escape routes while scanning the roadway for hazards. That way, if a crash does occur, a driver can react quickly.
• Maintain the vehicle — Proper maintenance can help prevent crashes and keep you safer in the event one occurs. Check your brakes annually, and make sure your airbags, taillights, and tires are in good working condition.

What Are the Benefits of Defensive Driving?

There are several notable benefits of defensive driving, including:

• Avoiding potential accidents — By driving defensively, you have a better picture of what is happening around you as you are driving. By being on the lookout for other drivers’ errors, you are better prepared to take appropriate actions to avoid an accident.
• A better understanding of the rules of the road — Defensive driving gives drivers a better understanding of traffic laws, helping them stay within the law and keep everyone safe.
• Drivers save money — By following posted speed limits and avoiding accidents, drivers will avoid traffic fines and insurance premium increases that come with being involved in a crash.
• Less maintenance — Speeding, slamming on the brakes, and other aggressive driving behaviors put a lot of wear and tear on your car. By driving defensively, you’ll keep your car in better shape and need fewer repairs over the life of your vehicle.

Defensive Driving Facts and Statistics

Some sobering statistics that illustrate the need for defensive driving include:

• Human error is a factor in about 94 percent of all accidents.
• Common driver errors like distracted driving, inattention, and not paying enough attention to surroundings cause about 41 percent of accidents.
• Aggressive driving is a factor in about 56 percent of all fatal crashes nationwide.
• Speeding contributed to about 26 percent of all traffic deaths and caused more than 9,600 fatalities in a single year.
• About 2,000 people are injured and another 900 are killed every year due to drivers running red lights.

Contact Joye Law Firm to Speak to a South Carolina Car Accident Lawyer

Despite your best efforts, defensive driving can’t prevent all crashes. If you have been injured in an accident caused by another driver in South Carolina, our attorneys at Joye Law Firm can offer trusted legal advice and help you understand the legal options available to you. Contact us today for a free consultation with a South Carolina car accident attorney.

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Work-Related Back Injuries and Workers’ Compensation

Back injuries are a leading cause of disability for people in their working years. They afflict more than 600,000 employees each year, the U.S. Occupational Safety and Health Administration (OSHA) says.

A single traumatic event such as a fall can cause a back injury, or the mini-trauma of repetitive activity can lead over time to a back disorder. When a back injury develops slowly, workers may ignore the condition until the pain and loss of mobility are severe, often resulting in a disabling injury.

If you have developed a work-related back injury, you may qualify for workers’ compensation benefits. Because back pain is common and may occur due to age and normal wear and tear, employers and workers’ compensation administrators often dispute workers’ comp claims based on a back injury, particularly an injury caused by repetitive trauma. If you sustained a back injury or more than normal degenerative changes to your back caused by performing your job, you may need the help of a knowledgeable workers’ compensation attorney.

Contact Joye Law Firm today to schedule a free consultation about the workers’ compensation benefits you may claim for a work-related back injury.

Workplaces and Jobs More Prone To Back Injuries

SpineUniverse, a publication overseen by doctors, nurses, therapists, and alternative medicine practitioners, compiled a list of occupations more prone to back injury based on the job requirements and the work environment.

“Two occupations lead the list of jobs placing workers at highest risk for neck and back injury: construction and nursing home workers, including nurses,” SpineUniverse says. “Workers in both settings share the tendency to under-report work-related injuries. Unfortunately, some workers fear they will lose their job and can’t afford to take time off.”

Other jobs with high rates of back injuries include:

• Warehouse workers
• Dentists and surgeons
• Landscapers and gardeners
• Store checkout personnel
• Airline crew (pilots, baggage handlers)
• Assembly line workers
• Bakers
• Bus and cab drivers
• Cable and telephone line installers
• Carpenters, electricians, plumbers
• Carpet installers and cleaners
• Dry cleaners
• Emergency medical technicians
• Farmers
• Firefighters and police
• Janitors
• Mechanics
• Office personnel
• Professional athletes

Common Causes of Work-Related Back Injuries

OSHA says back disorders result from exceeding the capability of the muscles, tendons, and discs in the back. A back injury may result from the cumulative effect of several contributing factors:

• Reaching while lifting.
• Poor posture — how one sits or stands.
• Stressful working activities — staying in one position for too long.
• Bad body mechanics — how one lifts, pushes, pulls or carries objects.
• Poor physical condition — losing the strength and endurance to perform physical tasks without strain.
• Poor design of a job or workstation.
• Repetitive lifting of awkward items, equipment, or patients in healthcare facilities.
• Twisting while lifting.
• Bending while lifting.
• Maintaining bent postures.
• Heavy lifting.
• Fatigue.
• Poor footing, such as on slippery floors, or constrained posture.
• Lifting with forceful movement.

Common Back Injuries That May Occur at Work

Signs and symptoms of a back injury include pain when attempting to assume the normal posture, decreased mobility, and pain when standing or rising from a seated position.

Have you suffered a back injury at work? A work-related back injury may be diagnosed as:

• Lower back sprain or strain
• Bulging, herniated, torn, or slipped disc
• Pinched nerves
• Cauda equina syndrome (compressed nerve roots at the end of the spinal cord)
• Fractured vertebrae or dislocation of the spine
• Degenerative disc disease
• Spinal cord injury (paralysis)

Treatment for back injuries may range from over-the-counter or prescription pain medication to bed rest, physical therapy, steroid injections, and surgery.

How Much Compensation Can I Receive for a Back injury?

If a back injury has decreased your ability to work and earn a living, it is crucial that you contact an experienced workers’ compensation lawyer to assist you with your workers’ comp claim. Failing to seek experienced legal guidance could cost you tens of thousands of dollars in benefits.

Your workers’ compensation benefits will depend on the extent of your injury and disability. You will need to have medical evidence to show the connection between your job and your injury. A back injury may force you out of work temporarily, require you to seek employment that pays less or prevent you from returning to work.

South Carolina workers’ compensation pays for all medical treatment associated with an occupational injury and two-thirds of lost wages after you have been out of work for seven consecutive days. Disability benefits are generally paid for up to 500 weeks (9½ years). However, any degree of paralysis (including partial paralysis) from a back injury could entitle you to lifetime disability benefits.

If you have been permanently disabled by a work-related back injury, you may be eligible for a workers’ compensation settlement that includes payment for future lost earnings.

The most beneficial way to settle a workers’ comp claim will depend on the nature of the worker’s injury, financial capabilities, and other benefits (such as Social Security Disability or a pension) available to the injured worker. There may be a reason to negotiate a lump sum workers’ comp settlement. In other cases, a worker may be better off maintaining the right to submit claims for future medical costs as the need arises.

The workers’ comp insurance administrator is unlikely to help you increase your benefits or to advise you if you are about to leave money on the table. But an experienced workers’ compensation attorney can investigate your injury and medical needs, and determine how to recover the maximum benefits available to you.

A worker who has been disabled by an accident on the job or the cumulative wear and tear of working conditions is more likely to receive all the workers’ compensation benefits available by law if a knowledgeable workers’ comp attorney is negotiating on his or her behalf.

Contact Our S.C. Workers’ Compensation Attorneys

If you have suffered a work-related back injury that will keep you from working for an extended period of time in South Carolina, consult an experienced S.C. workers’ compensation lawyer to ensure you receive the full benefits that you deserve. The initial consultation is free. Call Joye Law Firm at 888-324-3100 or fill out our online case evaluation form today. There’s no fee for our services unless we recover compensation for you.

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Why Am I Being Watched After Making a Car Accident Claim?

If you file a car accident claim and then feel like you are being watched, your instincts may be right. While more common in workers’ compensation cases, some insurance companies do sometimes hire private investigators to take photos or surveil a person injured in an accident. If the investigator can gather evidence showing the person’s injuries are not as serious as claimed, the insurance company may deny the claim and save money.

Insurance companies are for-profit businesses and investigate all claims to some extent. The more money involved in a car accident claim, the more likely it is that the insurer is taking extra steps to verify the claim. Insurance fraud, including claims against coverage that provides medical payments to auto accident victims, costs at least $80 billion every year, according to the Insurance Information Institute.

Insurance investigators know what they can do legally when surveilling an accident victim. They cannot trespass on your property or enter your house without your permission. You may not ever know an insurance investigator has been following you or looking into your background. That’s why it is good to know what to do after a car accident and what an investigator may do after you file an injury claim.

Turn to the car accident attorneys at Joye Law for trusted guidance after a serious accident caused by another driver. Joye Law Firm has been representing injured people in South Carolina for more than 50 years and helping them rebuild their lives after serious accidents. Call 888-324-3100 for a free case review to find out how we may serve you.

What Happens During a Car Insurance Claim Investigation?

As part of the claim verification process, an insurance investigator may conduct an initial background check on you and determine whether you have filed previous injury claims or car accident lawsuits.

In addition to reviewing the information provided in your claim and looking at the police report, an investigator may examine:

• The accident scene
• Vehicle damage
• Medical authorizations
• Your social media accounts for posts, photos or other information about the accident and your injuries
• Your background.

A private investigator is not allowed to listen to your phone calls or rummage through your email account. But the investigator can access a variety of public records to learn more about you, such as:

• Current and previous addresses and phone numbers (which may indicate more places to look for background information)
• Criminal records
• Marriages and divorces
• Mortgage records
• Bankruptcy and foreclosure records, liens, judgements, evictions
• Professional licenses

Some insurance companies have their own investigators and others hire private investigators to assist. They are seeking evidence to show that you are not as seriously injured as you claim. For example, if you post recent vacation photos on a social media account, the investigator may try to use the photos showing you having fun to call into question the seriousness of your injuries.

As part of an investigation, an insurance investigator may follow you. The investigator may do so to see whether you attend doctor or rehab appointments. If you are involved in a car accident lawsuit and sit for a deposition, the insurer might ask about activities you can no longer take part in because of your injuries. An investigator may follow you afterward hoping to observe you doing things you said you can’t do any longer.

A private investigator may also try to interview your family, friends, neighbors, or co-workers. People who know you will probably know about your accident.

Is It Legal for the Insurance Company to Spy on You After an Accident?

In most cases, if an insurance investigator stays on public property, it is not illegal for them to watch you or photograph you. It is no different legally than someone watching you walk by on a sidewalk or in a store. Even an investigator on a public street watching you through an open window at your home is probably not breaking the law. They may not take photographs through the window of a home.

However, an investigator should not watch you in places where you would have a reasonable expectation of privacy, such as in a bathroom or bedroom or at a doctor’s or lawyer’s office.

Further, you do not have to answer an investigator’s questions or allow them into your home or onto your property. It is illegal for investigators to present themselves as someone they are not, such as a police officer. If you ask an investigator to leave your property and they refuse, they are trespassing. You should call the police.

How Long Does a Car Accident Investigation Take?

Insurance companies in South Carolina should process claims in a reasonable amount of time. However, that timeframe can vary from claim to claim. The number of vehicles involved in a claim or coverage issues can complicate the settlement process. South Carolina law only requires insurers to settle claims with reasonable promptness.

After a serious accident, an individual who has suffered severe injuries needs to wait until he or she has achieved the best medical recovery possible to account for all of the costs and losses associated with an accident. Calculating the full costs and losses to maximize your financial recovery is part of a personal injury attorney’s investigation of your car accident.

If an insurance company refuses to pay compensation on a valid car accident claim within a reasonable time, the insurance company may be acting in bad faith. Legal action may be appropriate.

It’s important to keep in mind that South Carolina’s statute of limitations for filing a personal injury lawsuit typically is three years from the date of the accident in most cases. It is two years after the injury if the defendant is a government entity. It’s best to speak with an attorney as soon as possible after being injured in a car accident to determine what time limits apply in your case.

Contact a South Carolina Car Accident Lawyer Today

You cannot prevent an insurance company from investigating your claim. The best way to protect your rights after a serious car accident is to seek the guidance of an experienced car accident lawyer. In South Carolina, Joye Law Firm has been successfully representing injured people just like you for more than 50 years.

Joye Law Firm can investigate your car accident and advise you about avoiding mistakes that could undermine your claim. If we believe you have a car accident injury claim, we can help you seek maximum compensation. With Joye Law on your side, you can tell anyone questioning your claim to speak to your attorney.

Contact us at 888-324-3100 or online and get started with a free, no-obligation legal consultation today.

 

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Accident Victims Often Suffer Post-Traumatic Stress

In recognition of National Post Traumatic Stress Disorder (PTSD) Month, it is essential to recognize that combat veterans aren’t the only people in our country to experience the disorder. Many people suffer from PTSD after other traumatic events, like car accidents or dog attacks, that can severely impair their normal functions and adversely impact their quality of life. PTSD affects 2.5 to 7 million car accident victims alone in the United States.

Fear and anxiety can develop after any traumatic, life-threatening situation; you may become fearful of driving or riding in a vehicle after a severe collision, or experience panic attacks when even a friendly dog approaches too suddenly.

When a traumatic incident changes your life, the South Carolina accident lawyers at the Joye Law Firm can help you hold the responsible party accountable and get you the compensation you deserve.

Post-Traumatic Stress Disorder Statistics

The National Institute of Mental Health defines PTSD as an anxiety disorder that develops because of a life-threatening event, such as a dog attack.

Children are the most vulnerable to dog attacks because of their smaller size and inability to defend themselves. In a 2004 study with 22 children who were victims of dog bites, more than half developed symptoms of PTSD within 2 to 9 months after the attack.

The emotional and psychological effects of PTSD can affect children as they age, since the memory part of the brain may be permanently damaged, losing the ability to recall memories.

A car accident can cause PTSD symptoms to appear hours, days, or months after the event, and they can last for years. As much as a third (25-33%) of car accident survivors show symptoms of PTSD over a month after their crashes. The disorder can trigger flight-or-fight responses in people with PTSD, whether they are trying to get into a car or hearing a car pass by.

Physical impairment, psychological distress, and unhealthy pain-coping strategies are associated with PTSD symptoms. People who survive auto accidents and have PTSD are also more likely to suffer from substance abuse disorders.

These statistics show ‌that it is crucial for car accident victims to receive help with their symptoms, not just for their physical injuries, but also for their mental and emotional pain and suffering following a severe crash. The car accident lawyers at Joye Law Firm will consider the severity of your symptoms when helping you to calculate fair compensation.

Symptoms of Post-Traumatic Stress

A person who has PTSD from a car accident, dog attack, or other serious accident might experience one or several symptoms. These symptoms vary between people, and young children may show different signs than teenagers and adults.

Recurring experiences about the accident

The following symptoms are common for those with PTSD who are experiencing recurring thoughts:

• Flashbacks, such as reliving the trauma and feeling the physical symptoms associated with it
• Nightmares from the accident
• Fearful, intrusive thoughts

Certain thoughts, physical objects, or situations can trigger a victim’s PTSD, disrupting their daily lifestyle. An auto accident victim with PTSD might have a flashback to their accident when they see a truck. A dog bite victim may hear a dog bark and experience a racing heart or sweating.

Avoidance of certain situations and places

Reminders of a car accident or dog bite attack may trigger these avoidance symptoms:

• Avoidance of locations and objects that are reminders of the trauma
• Resistance to thoughts and feelings related to the attack or crash

For example, a car accident victim may find that these symptoms cause them to change their routine. After a severe accident on a major highway, the victim may refuse to drive near that location again. They may even avoid driving, hindering their ability to enjoy life and commute to work.

A dog bite victim may avoid certain locations, like the park or beach, where dogs are often present.

Agitation and reactiveness

An accident victim may experience constant agitation and reactivity throughout the day. These symptoms include:

• Tendency to be startled easily
• Continual tension
• Sleep issues
• Temper-related outbursts

These symptoms can cause stress and anger, making it difficult to sleep, eat, or concentrate.

Mood and cognitive issues

Mood and cognitive issues are common after a traumatic event. The symptoms may show up as:

• Trouble recalling key details of the incident
• Self-criticism or negative thoughts
• Distortion of certain feelings, such as guilt
• Loss of enjoyment of certain activities

Such symptoms can lead a victim to feel as if they are being alienated or isolated from friends and family members.

PTSD May Show Up Differently with Children

Following a traumatic event, children may experience the following symptoms of PTSD:

• Dramatizing the accident during playtime
• Bedwetting, even if they are toilet-trained
• Unusual clinginess towards a parent or other adult

Destructive behaviors can also develop in older children and teens. There may be thoughts of revenge and guilt over not preventing injury or death. The symptoms of PTSD can cause disruption and degrade the quality of your life if you have it or know someone who has it. Whenever an accident leaves you with physical and emotional trauma, you want to know that the negligent party is held liable.

A South Carolina Injury Lawyer Can Help You

An experienced accident lawyer from the Joye Law Firm can help you navigate the legal process of filing a claim against the at-fault party and their insurance company. A lawyer can review your medical bills, prescription receipts, and other expenses related to your PTSD treatment to calculate the damages.

With the help of an accident lawyer, you may recover financial compensation for your injuries, medical bills, and loss of wages. Call us today to schedule a free consultation.

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How Do Distracted Driving Laws Differ for Motorists and Truckers?

Are you struggling with serious injuries sustained in an accident involving a distracted trucker? Driving while distracted is dangerous, but it is even worse when the distracted driver is behind the wheel of an 80,000-pound truck. 18-wheelers are much larger and heavier than other vehicles and can cause more harm in a crash. Even a momentary distraction can have devastating consequences, including severe injuries, and other losses.

If you have been injured in an accident with a commercial truck driver in South Carolina, contact the Joye Law Firm right away. Our South Carolina truck accident lawyers have more than 250 years of combined experience helping injured people rebuild their lives. Several of our attorneys are nationally known for their experience in truck accident cases and are frequent speakers at national truck litigation seminars. Let our skilled team review the details of the accident in which you were injured and discuss how we may assist you, leaving no stone unturned in our quest for justice.

Call 888-324-3100 for a free initial consultation at any of our offices across South Carolina.

Distracted Driving Laws for Motorists

It is against South Carolina’s law for any driver to use a handheld cell phone or another wireless communication device to compose, read or send text messages while operating a vehicle, according to the South Carolina Department of Public Safety. Using hands-free communication systems is allowed.

Distracted Driving Laws for Truckers

Commercial truck drivers who operate in South Carolina face tight restrictions on the use of cell phones while driving. Federal rules administered by the Federal Motor Carrier Safety Administration (FMCSA) bar drivers of commercial trucks from using hand-held mobile devices behind the wheel. The rules prohibit a commercial truck driver from holding a cell phone or making a call if the driver needs to press more than one button to make the call. Hands-free communication devices are allowed under FMCSA rules.

According to the U.S. Department of Transportation (USDOT), a truck driver may face driver disqualification for multiple violations of using a hand-held mobile phone while driving a commercial motor vehicle as well as penalties of up to $2,750 for drivers and $11,000 for truck companies that allow drivers to use hand-held phones while driving.

Research by the FMCSA indicates that the odds of a truck driver being involved in a truck crash or near-crash are six times greater if the driver is engaged in dialing a mobile phone while driving.

What Are the Different Types of Distracted Driving?

Regardless of whether someone is driving a car or a truck, there are multiple types of distractions while driving:

• Cognitive distractions — A cognitive distraction is anything that takes a driver’s concentration away from driving. Talking on the phone while driving is an example of a potential cognitive distraction, even if you’re watching where you’re going.
• Manual distractions — A manual distraction is anything that takes one or both of a driver’s hands off the wheel. Typing numbers or messages on a cell phone, reaching for something in the car, snacking, or grooming are examples of manual distractions.
• Visual distractions — A visual distraction is anything that takes a driver’s eyes off the road. Texting while driving is a common example of a visual distraction. Drivers who were dialing cell phones took their eyes off the roadway for approximately 3.8 seconds, which is enough time at 55 miles per hour for a vehicle to travel the length of a football field without the driver looking at the road ahead, USDOT says.
• Auditory distractions — An auditory distraction is something that prevents a driver from hearing what’s going on around them. If your music or passengers are too loud while you’re driving, that could be an auditory distraction.

Texting while driving requires you to take at least one hand off the wheel, takes your eyes off the road, and prevents you from concentrating on getting to your destination safely. This means it qualifies as a cognitive, manual, and visual distraction all at the same time.

Proving Distracted Driving Caused Your Accident

If driver distraction is suspected as a contributing factor in a truck accident in South Carolina, our attorneys at Joye Law Firm would seek evidence during our investigation to show the truck driver was distracted at the time of an accident. We would work to gather the following types of evidence:

• Police accident reports — In some cases, a truck driver may admit to being distracted when questioned by police. We may have the police officer who responded to the accident provide testimony as to the findings of the accident report.
• The truck’s electronic data recorder — Most trucks are now required by the FMCSA to be outfitted with electronic devices that monitor the truck’s speed, direction, engine performance, and other information. A steady speed and lack of braking in the seconds before a collision can show the truck driver was distracted when the crash occurred.
• Cell phone records — Looking at the truck driver’s cell phone records may show they sent a text message or the driver was making a call right before the crash happened.
• Evidence from the scene of the crash — Forensic investigators can use information from the scene of a crash to help prove a driver was distracted. For instance, a lack of skid marks may show the driver did not apply the brakes before the crash happened or applied them too late to stop.

How Truckers Get Distracted on the Road

There are many ways a truck driver can get distracted on the road. Some of the most common distractions include:

• Talking on a cell phone
• Using navigation devices
• Grooming
• Eating
• Looking at a video screen
• Listening to loud music
• Looking at an accident in another lane
• Daydreaming

What Is the Leading Cause of Distracted Driving?

Cell phone use appears to be one of the leading causes of distracted driving among all drivers, not only truckers.

Research from the National Safety Council indicates one or more drivers were using a cell phone in about 13 percent of all fatal crashes nationwide. To keep yourself and others safe on the road, put your cell phone away.

What Are the Statistics for Distracted Driving?

According to the South Carolina Department of Public Safety, there were 8,994 accidents statewide involving distracted drivers in a recent year, though the research does not include a breakdown of car drivers vs. truck drivers. These accidents led to 2,941 injuries overall, 107 serious injuries, and seven deaths.

Tips to Avoid Distracted Driving

Consider the following tips to prevent distracted driving on South Carolina roads:

• Only use your cell phone in emergency situations, and make sure it’s safe before you do so
• Try to limit the number of passengers in your vehicle at any time, as well as how loud they are
• Avoid eating while driving
• If you’re using a navigation device, set your destination before you leave

Contact a Distracted Driving Attorney Today!

If you have been injured in a truck accident involving a distracted driver, we can help you obtain fair compensation for your injuries. Contact the Joye Law Firm today at 888-324-3100 to speak to a South Carolina truck accident lawyer.

The post How Do Distracted Driving Laws Differ for Motorists and Truckers? appeared first on Joye Law Firm.

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