Monday, October 31, 2022

How Pedestrians Can Stay Safe and Seen by Cars After Dark

The nighttime presents a unique set of challenges to pedestrians crossing streets and sidewalks. Drivers cannot see them as easily or immediately as during daylight hours, and pedestrians need to constantly be aware of oncoming vehicles. The National Highway Traffic Safety Administration (NHTSA) stated over 77% of pedestrian deaths occurred at night, compared to 20% during the day in 2020.

Understanding the pedestrian safety measures you can take is essential, whether you’re enjoying the nightlife or just going for a stroll. These extra safety precautions ensure you stay visible and avoid accidents while walking at night.

  • Always Assume Drivers Can’t See You: Never assume drivers see you as you walk, especially because they may be distracted or impaired. They may be texting or eating while driving and may not notice you until it’s too late to stop safely. Instead, wait a couple of seconds before walking on the street, even when the traffic walk signal is on. Check both directions for approaching cars before crossing the street. Attempt to make eye contact with the drivers and wave or nod at them to ensure they see you.
  • Wear Brightly Colored Clothing: Make yourself visible by wearing brightly colored clothes and accessories. Orange, yellow, and green can help you stand out from the buildings, parked cars, and dimly lit areas. Black and other dark colored clothing may make you blend into the background.
  • Use Reflective Vests and Accessories: Reflective materials react to other types of light, such as car headlights. Wearing a reflective vest or jacket over your shirt helps drivers spot you from all directions. A reflective armband, wristband, or belt can improve your visibility to drivers by illuminating your body outline at night. Headlamps, flashlights, and strobes can also help drivers see you better at night while also illuminating the path in front of you.
  • Only Cross at Crosswalks: Crossing only at designated crosswalks is the safest way to cross an intersection without getting hit by a vehicle. South Carolina requires drivers to give pedestrians right-of-way when on a crosswalk. If there’s no pedestrian crossing available, use caution as you cross the street. Ensure you watch out for oncoming vehicles, as pedestrians must yield right-of-way to them under South Carolina law when outside a crosswalk.
  • Walk Facing Oncoming Traffic: Walk in the direction where you can see approaching vehicles, rather than walking with traffic, which puts your back to oncoming cars. Drivers can see you when you are in their line of sight, so they know where you are on the road. Walking in this direction also lets you see oncoming cars before they get close enough to hit you, so you can better stay out of danger and move to the side, if needed. On one-way roads, walk on whichever side has the broadest shoulder facing traffic.
  • Stay Alert: The NHTSA recommends paying attention to your surroundings when walking. If you are using your cellphone while walking, you may not hear a car horn or see the traffic signal not to cross a crosswalk. Instead, wait to send a text until you are in a safe area away from the roads, so you can focus on nearby cars and traffic lights with distraction.

Drivers Should Be Cautious While Driving at Night

Although pedestrians must obey traffic signals, drivers must also exercise due care to avoid hitting them. This means drivers must pay attention to crosswalks and sidewalks and watch out for pedestrians at all times, especially at night or in dim light such as at dawn, dusk, or when the sky is overcast.  Remember, some pedestrians, especially young children, may not follow the rules. So, it is important to stay focused while behind the wheel.

Whether you’re the driver or the pedestrian, in the aftermath of a car accident, the insurance company may attempt to deflect blame on you. They may argue you were negligent in paying attention, even if you had the right-of-way at the time.

Because of the complexities of the law, if you are a pedestrian injured in a car accident, you’ll need an experienced South Carolina pedestrian accident lawyer to give you legal guidance. A skilled attorney can investigate your case and create a legal defense strategy against auto insurance companies that may place liability on you.

A Pedestrian Accident Attorney Can Help You With Your Case

The pedestrian accident lawyers at Joye Law Firm can help you if you or someone you care about has sustained severe injuries in a pedestrian accident. We can help you recover compensation for medical bills, lost wages, and other damages. Call our law office today for a free case review.

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Thursday, October 27, 2022

Fatal Accidents on the Rise Due to Distracted Driving in South Carolina

A frightening trend is occurring across the country – a steep increase in injuries and deaths caused by distracted driving accidents. In a recent report described as one of the most comprehensive examinations to date of how to reduce distracted driving, the Governors Highway Safety Administration says an estimated 3,142 people lost their lives in the U.S. due to distracted driving in 2020 alone.

The true numbers are likely much higher due to underreporting of distraction among drivers, the GHSA says. That’s because most drivers do not admit that they were talking on the phone or somehow distracted at the time of a collision.

Fatal Crashes Increased in S.C in 2021

In South Carolina, the S.C. Department of Public Safety says more people died in fatal crashes in South Carolina in 2021 than in the previous two years. The SCDPS daily traffic fatality count cites 805 fatal crashes and 863 people killed in 2021, an increase over 2020 by 99 crashes and 97 deaths. In both 2020 and 2019, there were fewer fatal accidents and deaths than in the previous year.

The 805 fatal crashes in 2021 equate to 2.2 a day. As of this writing, September 27, there had been 706 fatal traffic accidents in South Carolina in 2022 and 766 deaths. Those 706 fatal crashes as of the 207th day of the year equate to 3.8 fatalities a day – a significant increase.

The 2020 edition of the South Carolina Traffic Collision Fact Book, the most recent edition of the annual report available, shows an increase in traffic fatalities from 2011-2020, but declines in collisions overall, suspected serious injuries, and vehicle miles traveled.

Master Trooper Brian Lee of the S.C. Highway Patrol told WBTW there have been more fatalities because there is more traffic on South Carolina roads and highways. “More people are getting their license,” he said – a fact supported by the 2020 Traffic Collision Fact Book’s tables of ten-year trends.

Defining Distracted Driving

The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that diverts the vehicle operator’s attention from driving. Distracted drivers pose a safety hazard to others sharing the road.

The three forms of distraction — manual, visual, and cognitive — are often interrelated and involve a wide range of activities in addition to cell phone use, the GHSA says in Directing Drivers’ Attention: A State Highway Safety Office Roadmap for Combating Distracted Driving.

Much of the focus is on the risks of using cell phones and other wireless communication devices behind the wheel. The prevalence of mobile phones in the last decade has focused more attention on the danger of distracted driving.

The GHSA lists 17 common driver distractions and how they distract drivers:

Mind off of driving which occurs during any distracting activity:

  • Talking with passengers
  • Using a hands-free cell phone
  • Using voice-activated features
  • Daydreaming

Eyes off the road:

  • Reading roadside billboards
  • Checking yourself in the mirror
  • Gawking at crash scenes

Hands off the wheel:

  • Personal grooming
  • Reading maps/newspapers
  • Reaching for objects in the car
  • Attending to passengers or pets
  • Texting while driving
  • Eating
  • Drinking
  • Using a hand-held cell phone
  • Manipulating vehicle instruments
  • Changing music

In addition to the 3,142 people in the U.S. who died in crashes involving a distracted driver in 2020 (slightly more than 8% of all fatal crashes), an additional 424,000 people were injured in motor vehicle crashes involving distracted drivers (15%).

In all, 15% of police-reported motor vehicle traffic crashes in 2020 listed distraction as a factor, according to the GHSA.

National progress on preventing distracted driving crashes appears to be stagnant, the GHSA says. Between 2011 and 2019, the percentage of distraction-affected crashes has consistently hovered around 14% and the percentage of those crashes involving cell phones was approximately 7%.

Are Distracted Driving Fatalities Increasing in South Carolina?

The 2020 South Carolina Traffic Collision Fact Book shows only eight fatal collisions for which the primary contributing factor is listed as “Distracted/Inattentive.” For each of “On Cell Phone” and “Texting,” there were zero fatalities in 2020.

Most fatalities in 2020 were primarily due to “Driver Under the Influence” (213) and “Driving Too Fast for Conditions” (205). There were 34 more fatal crashes listed under “Exceeded Authorized Speed Limit.”

In 2019, there were seven fatal collisions attributed to “Distracted/Inattentive,” zero due to “On Cell Phone” and one attributed to “Texting.” The figures were exactly the same for 2018.

The 2020 Traffic Facts report says there were in total:

  • 7,427 collisions attributed to “Distracted/Inattention”
  • 53 collisions attributed to “On Cell Phone”
  • 80 collisions attributed to “Texting.”

The 2020-2024 South Carolina Strategic Highway Safety Plan: Project Zero says:

“From 2014 to 2018, an average of 58 people lost their lives each year in distracted driving collisions in South Carolina.” It says that “it is widely believed that the actual number of fatal and serious injury crashes related to distraction is much higher than is currently captured on the collision report.”

It says further, “Between 2014 and 2018, 1,976 people died or were seriously injured in a total of 1,670 distracted driving collisions” – an average of 334 per year.

The number of reported accidents may fluctuate from year to year. But distracted driving while on a cell phone is a contributing factor to many preventable accidents each year in South Carolina. After a serious accident, our attorneys may be able to obtain the cell phone records of a suspected distracted driver to determine whether the driver was talking on the phone when a collision occurred.

Schedule a Free Case Review with Our South Carolina Car Accidents Lawyers

If you or a loved one has been seriously injured in a South Carolina auto accident and you suspect distracted driving was at play, you can depend on the car accident lawyers at Joye Law Firm to fight for all of the compensation you’re legally owed.

Call Joye Law Firm at 877-936-9707 or fill out our free online case evaluation form.

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How Long Does an Accident Stay on Your Driving Record in South Carolina?

Many people who have been in car accidents understand that the long-term effects of an accident can be just as costly as immediate losses. Being in a car accident may cause your auto insurance carrier to raise your premium, the amount you pay to maintain coverage. Typically, a car accident in South Carolina will stay on your insurance record for three years.

That is three years of additional insurance costs after a car accident, often regardless of fault. Your insurance company can even choose to not renew your policy if your driving record has too many traffic violations or accidents.

If you have been injured in an accident that was not your fault, the car accident lawyers of Joye Law Firm can help you pursue a claim for your medical bills and related losses. We can assist you, just as we have helped others like you across South Carolina for more than 50 years. Contact us for a free legal consultation about your car accident today.

When Does an Accident Go on Your Record in S.C.?

Your driving record is a collection of public records related to you as a driver. You have one as soon as you obtain a driver’s license. It includes information about tickets, accidents, license suspensions, and more.

South Carolina has a point system in which points are assessed against your record for driving infractions. If you are assessed a certain number of points, your license will be suspended or revoked. The system is explained in S.C. Code Section 56-1-720.

In reality, car accidents are not recorded on your South Carolina driving record. It is traffic violations are assigned points. For example, a conviction for reckless driving, which is a common charge after a car accident, is a six-point violation. The infraction of following too closely, which may be charged after a rear-end accident, is a four-point violation. Failing to yield the right of way, which may be charged after a traffic signal accident, also is a four-point violation.

If you are not convicted, there is nothing to report to the S.C. Division of Motor Vehicles and nothing to go on your driving record.

Your driver’s license may be suspended if you accrue too many points. Points on your record are counted at full value for a year, then at half of their original value after 12 months. After two years, the points expire.

You can also have four points removed from your record by completing an approved defensive driving course. A motorcyclist can complete a South Carolina technical college motorcycle safety course or its equivalent.

Insurance companies also keep records of your driving. However, unlike the state, they do count accidents.

How Do Insurance Companies Use Driver Records?

As the Insurance Information Institute (III) explains, the cost of auto insurance depends on several factors, from the type of car you drive to the insurance coverage you have to your driving record and where you park. Generally speaking, the better your driving record, the lower your premium. If you’ve been convicted of serious traffic violations or caused an accident, it’s likely you’ll pay more than if you have a clean driving record.

Your South Carolina driving record is a public record. An insurance company can check your driving record anytime the insurer feels the need. They will do so when you first apply for auto insurance.

Because traffic violations indicate to the insurer that you are a greater risk to insure, you might have to pay higher auto insurance premiums if you have points on your license.

Your insurer might re-evaluate your rates after accident claims or moving violations that are your fault, the Insurance Information Institute says.

In general, after you file an insurance claim for more than a specific amount due to an accident that was primarily your fault, an insurer will increase your premium. The amounts and percentages of these increases vary from company to company, but they generally last for three years.

If your record is bad enough, an insurance company may refuse to renew your policy. For example, a drunk driving incident is likely to trigger a nonrenewal from virtually every insurance company, the Insurance Information Institute says.

Report Every Car Accident, Despite Your Driving Record

We wholeheartedly concur that it is always best to immediately report a car accident, even if you fear that your premium will go up or your policy may be canceled. If your insurer isn’t notified of the accident in a timely manner, the company may refuse to honor your auto insurance policy.

South Carolina is a fault state with regard to car accident claims. You will need to file a claim with the at-fault driver’s auto insurance provider if you are injured in a car accident. This is why it is critical that you report a South Carolina car accident to the police. That ensures you have the other driver’s insurance provider, policy number, and contact information before you leave the scene of the accident.

If you do not report an accident and someone else involved in the accident sues you, it will be harder for your insurer or your car accident attorney to gather evidence to assist you.

Contact Us for a Free Consultation

To learn more about your rights after a car accident or about how your accident may affect your auto insurance, contact Joye Law Firm today. Our experienced car accident lawyers have over 250 years of combined experience representing injured people throughout South Carolina. We are proud of our record of results. Let us provide a free, no-obligation assessment of your legal options for your potential accident claim. If we believe that you have a valid personal injury claim due to a car crash, we will offer to handle the claim on a contingency fee basis. We only get paid a legal fee if we secure compensation for you.

Call Joye Law Firm at 888-324-3100 or fill out our online case evaluation form now.

 

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Monday, October 24, 2022

Are Leaf Piles a Safety Concern?

A blanket of autumn leaves in your yard may look picture-perfect. However, as dramatic as it may seem, those leaves can hide hazards that may endanger visitors on your property. If you don’t rake up leaves on your property, they can pile up, cause someone to get hurt, and leave you liable.

Procrastinating on raking the leaves can potentially be seen as negligence. Learn the hazards of leaf piles from our North Charleston premises liability attorneys at Joye Law Firm.

Why Leaf Piles Can Be Dangerous

Leaf piles can be an inconvenience that can pose a threat to people and property if left to pile up for too long.  Under South Carolina’s premises liability law, you can be held responsible for injuries if you fail to maintain your property enough to keep it safe and do not warn guests of potential hazards.

For example, a delivery person tries to deliver a package, slips on the leaves covering your walkway, and is injured. The delivery person may be able to sue you for the cost of their medical bills and lost wages since your failure to clean up the leaves led to their injury.

What Makes Leaf Piles Dangerous?

The accumulation of leaves on your property can become a safety concern for visitors. Leaves can hide existing dangers on your land or create new ones.

  • Hidden Trip Hazards: Leaf piles may cover cracked or uneven pavement or hide above-ground roots and rocks. They may also cover a hidden hole that can put passersby, neighborhood children, and anyone entering your yard at risk of getting hurt. According to the Restatement (Second) of Torts, Section 343A, federal law doesn’t hold you responsible for injuries on your property caused by an obvious hazard. However, if the danger isn’t clear, you must inform guests. By failing to clean up leaves, what would otherwise be an obvious hazard could suddenly become hidden and easy to miss.
  • Blockage of Walkways and Roadways: Multiple leaf piles on your property’s walkways or along the street can be dangerous for pedestrians, bicyclists and drivers. Cyclists might need to swerve to avoid the leaf piles and risk colliding with cars and other objects. Drivers might have no choice but to drive around the leaf piles, which can be particularly dangerous on small or busy streets.
  • Slippery When Wet: If sprinklers or rain soak the leaves, they can become wet and create a slippery surface. Loose leaves don’t have much traction on dirt or pavement, especially if they’re wet. Althought rare, the colder temperatures in autumn and winter can cause wet leaves to freeze, making them more of a risk for pedestrians, visitors, and delivery people. They can easily slip and fall while on your property because of fallen leaves that weren’t removed.
  • Fire Risk: Parking a car on top of a pile of dry leaves left on your driveway or along the curb of your property can pose a potential fire danger. Your vehicle’s engine temperature can reach anywhere from 195 to 220 degrees, and it doesn’t cool down immediately after you turn off the car. These high temperatures make it more likely for your vehicle to ignite a pile of leaves. It may damage the underside of your vehicle, and the fire could spread to nearby objects and structures.

Homeowner Liability

The property owner’s home insurance usually covers the cost of accidents like these for victims. However, homeowners are still responsible for taking reasonable steps to ensure that visitors don’t get hurt.

The homeowner has a duty of care to keep their sidewalks, driveway, walkways, and other frequently traveled areas clear of wet and slippery leaves.

What To Do if You Slip on Leaves

If you slip and fall on leaves, you will need to take several steps to protect your rights, as the insurance company may argue that you should have been aware of the hazard the leaves posed, and as such the property owner can’t be held liable. They may even argue your injuries are unrelated to your fall.

  • Get medical attention so your injuries can be treated and documented.
  • Take photographs of the scene and trip hazard that injured you, if possible.
  • Keep records of all medical treatment you received, along with resulting bills and lost wages.
  • Contact a premises liability lawyer.

Get in Touch with the Premises Liability Lawyers at Joye Law Firm

The simplest way to protect others from risks loitering in leaf piles is to rake up loose leaves and either compost or bag them for trash pickup. However, even if you try to maintain your property properly, not everyone does. If you have a neighbor who neglects their property, it’s easy to get injured if you slip and fall on leaves covering their sidewalk.

If you have been involved in an accident involving fallen leaves, we encourage you to give us a call. We help people who are injured due to the negligence of others every day.

Call now for free initial case review. There is never a charge or fee unless you receive a settlement.

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Monday, October 17, 2022

Do I Have to Go Back to Work When My Doctor Clears Me After a Work Injury?

Time off for a workplace injury is more common than you might think. According to the Bureau of Labor Statistics, South Carolina saw 29,100 workplace injuries and illnesses in 2020, of which 19,400 required time off or restrictions on job duties. Many of these employees likely requested workers’ compensation for their resulting time off and medical expenses.

Few people want to rush their return to work while recovering from an injury, especially if it slows down their healing process. If your employer wants you back at work too soon after your injury, knowing the laws around workers’ compensation can help you get the time you need for recovery.

Understanding Workers’ Compensation in South Carolina

If you’re injured at work, South Carolina law allows you to be compensated for medical treatment, permanent disability and lost wages caused by your injury. These benefits are called workers’ compensation.

Under South Carolina law, you must tell your employer about the injury within 90 days and visit a physician selected by your employer to qualify for workers’ compensation. The only exception is in the case of a medical emergency, in which case you can seek emergency treatment on your own.

Your employer isn’t obligated to cover the cost of visits to your regular doctor or any other physicians you have been referred to. While you are allowed to ask to see another doctor, your employer can say no.

Refusing medical treatment from the doctor your employer selected can make you ineligible for workers’ compensation. If you have strong reasons to want another doctor, you can request a hearing from the Workers’ Compensation Commission to appeal the decision.

How Long Does Workers’ Compensation Last?

According to the South Carolina Workers’ Compensation Commission, you can receive workers’ compensation without any restrictions until you are able to return to work at full capacity. This means the length of your workers’ comp depends on the seriousness of your injury and how long it takes to heal.

Workers’ comp doesn’t always end just because you returned to work. If you have restrictions on what you can do per your assigned doctor, you are still eligible for workers’ comp until these restrictions are lifted.

However, workers’ comp also isn’t indefinite. South Carolina law states workers’ comp will not pay benefits past 340 weeks (roughly six-and-a-half years) if your injury allows you to carry out light work, or 500 weeks (just over nine-and-a-half years) if your injury leaves you completely unable to work, with the exception of people who suffered permanent paralysis or brain injuries.

What to Do if You’re Cleared for “Light Duty Work”

Depending on your job and injury, your physician may say that you can work with restrictions or perform light duty work. Light duty typically refers to less demanding work, physically and mentally, than your regular job.

Since light duty work means you are working with restrictions, you are still eligible for workers’ compensation as long as you return to work when cleared to do so. However, if you don’t return to work, your employer can legally stop paying workers’ comp under SC Code § 42-9-190.

For example, say you work in an office. One day you slip and fall, injuring your knee. The examining physician determines that you can carry out normal desk work but cannot perform duties that require heavy lifting. You must return to work to receive workers’ comp.

What to Do if You Don’t Think You’re Ready

Sometimes your employer’s physician may not recognize you’re not ready to go back to work, or worse, push you to go back before you’re fully healed. If you believe your physician has given you clearance too early or has cleared you for tasks you can’t carry out, request a hearing from the Workers’ Compensation Commission.

The experienced Columbia, SC workers’ compensation lawyers at Joye Law Firm can walk you through the process, argue your case at the hearing, and ensure you receive the compensation and time you need.

Contact Joye Law Firm today to schedule a free initial consultation regarding your case.  We can stand up for your rights and give you the time you need to heal from a workplace injury.

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Monday, October 10, 2022

Do Semi-Trucks Cause More Accidents Than Cars?

Large trucks make up 5% of all registered vehicles and 9% of fatal accidents in the United States. While large trucks don’t cause more accidents than other vehicles, these collisions often result in deadlier crashes, with a higher number of severe injuries or deaths.

Trucks present a danger to other vehicles on the roads because of various factors, including their size and weight. To make matters worse, if you’ve been involved in a truck accident, you’re going to be up against a powerful insurance company set on denying or devaluing your claim. That’s why working with an experienced South Carolina truck accident lawyer is essential to help you determine if you have a truck accident claim.

How Often Do Truck Accidents Result in Injuries and Deaths?

The danger of semi-trucks on interstate highways and roads is due to the fact that, under federal regulation, they can weigh up to 80,000 pounds. In South Carolina, semi-trucks can be up to 8’6″ wide and 13’6″ tall.

On the other hand, passenger vehicles weigh an average of only 4,156 pounds. Large trucks can cause tremendous damage and injuries when involved in a collision with a single passenger vehicle.

In 2019, 5,005 fatal crashes involved large trucks, up from 4,909 in 2018. There was a 4% increase in fatal crashes per miles traveled for large trucks. Large trucks were likewise involved in more injury crashes, increasing by 6% to 119,000.

Large truck crashes are also more likely to be in deadly multi-vehicle collisions. A total of 80% of fatal truck crashes involved a collision with another vehicle, compared to 61% of fatal crashes caused by someone in a passenger car. These numbers highlight that although large trucks are involved in fewer crashes overall, they are more likely to result in other road users’ injury or death.

Who Are Most Likely to Become Victims of Truck Accidents?

Most of these victims were in small cars sharing the road with tractor-trailers. About 68% of truck accident victims are passengers and drivers of smaller vehicles such as cars, light trucks like pickups, and SUVs.

Truck accidents can also endanger nearby individuals on the road. 16% of truck accidents involve pedestrians, cyclists, and motorcycle riders. Only 15% of victims in truck crashes are the drivers and other occupants of large trucks.

Common Types of Big Truck Accidents

The Insurance Institute for Highway Safety (IIHS) reports that various types of truck accidents caused the following crash deaths in 2020:

  • 30% of passenger vehicle occupants died from head-on collisions with the front of the truck
  • 25% of passenger occupants were killed in side-impact truck accidents
  • About 23% involved the front of the passenger vehicle hitting the truck’s rear side

In addition to head-on, side-impact, and passenger vehicle rear-end collisions, large trucks can jackknife or cause underride accidents. Jackknife trailers resulted in 4,862 fatal accidents in 2018, according to the Federal Motor Carrier Safety Administration. The Government Accountability Office reported 219 deaths on average per year due to underride accidents, based on data from 2008 through 2017.

Developing a Claim Based on Your Truck Crash with a South Carolina Lawyer

If you were involved in a South Carolina truck accident, contact an experienced lawyer from the Joye Law Firm to discuss your legal options, including filing a lawsuit. We can review your claim and investigate it.

There may be many parties to your accident, ranging from the truck driver to the mechanic maintaining the truck to the trucking company. We can determine who is liable based on evidence of the accident. We can negotiate a fair settlement on your behalf and help take your case to your court if needed.

Speak to Our Team About Your Truck Collision Case for Free

The South Carolina truck crash injury lawyers at the Joye Law Firm can evaluate your claim and help you recover compensation for your injuries. Contact us today to schedule your free case evaluation.

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Tuesday, October 4, 2022

How to Prevent Back Injuries at Work

Back injuries are one of the most common job-related ailments. According to the Bureau of Labor Statistics, more than 128,000 workers suffered back injuries severe enough to require time off work in a recent year. These injured workers often faced significant medical expenses and time off work, with serious consequences to the workers and their families.

Many of the injuries could have been prevented if the worker and their employer had followed certain safety tips.

Below, the South Carolina workplace accident lawyers of Joye Law Firm explain some of the common causes of on-the-job back pain, how to avoid injury, and what to do when you sustain a back injury. Contact us if you’ve suffered a workplace back injury and need help seeking workers’ compensation benefits.

Causes of Back Pain in the Workplace

Workers in certain occupations involving heavy physical labor such as construction workers, agricultural workers, warehouse workers, nurses, nursing home staff, and auto mechanics are at increased risk of back injuries. But anyone can hurt their back at work. Lower back injuries are the most common type of back injuries.

A few of the most common causes of work-related back injuries are:

  • Lifting/moving heavy objects – Lifting and carrying heavy objects puts a lot of strain on the muscles, vertebrae, and other parts of the back. If a worker does not use proper lifting techniques, the pressure can cause muscle strains, tears, or a herniated disc. When possible, use machinery to lift heavy objects and prevent strain on your back.
  • Repetitive stress/motion – Not all back injuries are caused by a single incident. In many cases, a back injury at work is the result of cumulative stress over time from repeating the same motion. Back injuries due to repetitive stress are more likely for workers whose jobs require them to twist or rotate their upper body. Using a support belt or harness can minimize strain on the back and prevent injury.
  • Improper training/lack of safety education – Many people don’t use proper lifting techniques when moving heavy objects. Employers can help prevent back injuries by providing training about how to lift items safely.
  • Falling objects – Any large object can cause significant injuries if the object strikes a worker’s back. If a heavy object strikes a worker’s spinal column, it can crack vertebrae or damage the spinal cord and cause partial or complete paralysis.
  • Lack of physical activity – Sitting for long periods of time without taking breaks can cause back pain. If a worker remains seated for long periods, it can cause discs in the lower back to bulge leading to tense muscles, compressed nerves, and back pain. Taking breaks is important. Poor posture or a lack of back support when sitting can also cause gradual damage to the back.

Preventing Back Pain at Work

The recommendations of the American Academy of Orthopedic Surgeons for preventing back injuries at work include:

  • Use proper lifting and carrying techniques when moving heavy objects – Using your legs to pick up a heavy object can prevent you from putting too much strain on your back. Try to avoid twisting or rotating your back while holding a heavy object. Consider using a support belt or harness as well.
  • Take stretch breaks throughout the workday, especially if you spend a lot of time sitting – It is a good idea to take a quick break every hour to stand and stretch. Doing so can help improve your flexibility and reduce the strain on your back.
  • Watch your posture – Poor posture can significantly increase the strain on your back. Keeping the head, back, and shoulders in proper alignment helps reduce the chance of a back injury. If you spend most of your day at a desk, make sure you are sitting upright and that your desk chair provides sufficient back support. If you spend much of your workday standing, consider wearing supportive footwear and a brace.

What To Do After a Back Injury at Work

What you do after suffering a back injury can affect your medical prognosis as well as your ability to seek compensation. You should:

  • Notify your employer in writing as soon as you can – Try to let your employer know about your injury before you seek medical treatment, preferably in writing. If you need emergency medical care, have a trusted friend, family member, or coworker notify your employer. You may be eligible for workers’ compensation benefits including paid medical care after a back injury at work.
  • Seek medical treatment immediately – It is crucial to see a doctor right away to diagnose the extent of the back injury and prescribe treatment. It’s crucial to have supporting medical records if you need to file a workers’ compensation claim or personal injury lawsuit.
  • Write down the details of the injury – Once you have started medical treatment, take some time to write down as much as you remember about how the injury occurred. It is important to do this soon after the accident while the details are still fresh in your mind.
  • Talk to a lawyer – If your employer disputes your claim for workers’ compensation benefits, you should have a knowledgeable workers’ compensation lawyer review the details of the injury. You might be eligible to claim workers’ compensation benefits or pursue a personal injury claim, depending on the circumstances of your injury and employment status. A workers’ comp lawyer at Joye Law Firm can help you understand your legal rights to pursue compensation for a back injury. Talk to a lawyer as soon as you can.

Contact a South Carolina Back Injury Attorney Today

Back injuries can be expensive and debilitating. If you have suffered a back injury at work in South Carolina, contact the Joye Law Firm today at 888-324-3100 for a free consultation with an experienced South Carolina back injury attorney.

The post How to Prevent Back Injuries at Work appeared first on Joye Law Firm.



from Joye Law Firm https://www.joyelawfirm.com/2022/10/prevent-back-injuries-work/
via https://www.joyelawfirm.com

Monday, October 3, 2022

What To Do if You Witness a Motorcycle Accident

Witnessing a motorcycle accident can be an emotionally traumatizing experience, but it’s also when we’ve seen many Good Samaritans step in, even if it was just to place a call to 911. The Insurance Information Institute (III) reported that motorcycle accidents resulted in 5,579 fatalities and over 83,000 injuries nationwide in 2020. That also means thousands of witnesses who may have wondered how or if they should help.

If you witness a motorcycle accident, it is crucial to keep calm and know what to do, as your actions can save lives. Familiarize yourself with the steps to take if you witness a motorcycle crash and what to expect after the accident.

What To Do Immediately After Witnessing the Accident

If you witness a motorcycle accident, your first step is to stop in a safe location and call 911. If you are in a vehicle when you first see the accident, park it at least 100 feet away from moving traffic and turn your hazard lights on. This reduces your risk of being struck by another vehicle while pulled over or crashing while attempting to place the call.

Don’t assume that someone else has already called 911—everyone else may have made that same assumption, or you might be the first witness on the scene. Placing a call may save the motorcyclist’s life.

What Information Should I Give When Calling 911?

While on the phone with emergency services, it’s crucial to give as much information as possible to the 911 operator. Provide the following details as clearly and concisely as you can:

  • Who you are (provide your full name)
  • Your role in the incident; In this instance, state that you are a witness and you wish to report an accident
  • Where the accident took place (addresses or street names, especially at intersections; on highways, provide the mile marker and direction of travel)
  • The number of vehicles involved and the extent of the damage
  • How many people are injured

Check on the Injured Motorcyclist

After calling 911, approach the scene cautiously­­—by exiting your vehicle, you may be at risk of being struck by another vehicle that doesn’t see you or the crash scene.

If the motorcycle rider can get up and move on their own, advise them to move away from the road and oncoming traffic.

If the motorcyclist is unconscious or cannot move for any other reason—such as being pinned under their motorcycle—check their surroundings. Do not attempt to move them unless they are in immediate danger; for example, if they are lying in the middle of a traffic lane and at risk of being run over.

Do not remove an injured motorcyclist’s helmet, regardless of how uncomfortable they are. Removing the helmet can cause further harm and aggravate pre-existing injuries such as neck or spinal cord damage.

Gather Evidence

Sometimes an injured person cannot collect evidence and information regarding the accident for themselves. For example, their phone may have been damaged in the accident, or they may have lost consciousness before first responders arrived. If this occurs, you may decide to remain on the scene to gather details on their behalf.

Collecting evidence regarding the accident can help the injured party file a claim with insurance and aid the police in making an accurate accident report. South Carolina drivers must report injury accidents by law, so your information can ensure all details are recorded and help authorities hold the negligent driver responsible for their actions.

Consider gathering evidence such as:

  • Names and contact information of all involved parties, including other witnesses
  • Notes on the weather conditions at the time of the accident
  • Photos of the crash scene and the damaged vehicles
  • Any dashcam footage of the collision itself, if it was captured

Provide a Witness Statement

Once police and emergency services arrive on the scene, provide the law enforcement officers with a witness statement as soon as possible. Give details while your memories of the incident are still clear.

If the responding law enforcement officers do not question you at the scene, record a witness statement in writing or on video, then submit it as soon as possible to your local police station. A witness statement should contain the following:

  • Your full name, address, occupation, and contact details
  • A description of the events as you have witnessed them; this can include any observations that may suggest negligence on the part of one of the people involved, such as speeding, driving aggressively, or driving in such a way that may suggest they were under the influence of drugs or alcohol
  • Any relevant photos or videos
  • If the statement is in writing, the date and your signature

Get the Representation You Need; Just Call Joye

If you or a loved one has been injured in a motorcycle accident, call the Myrtle Beach motorcycle crash injury lawyers with Joye Law Firm. We are a top-rated team of personal injury and motorcycle accident attorneys with over 50 years of experience serving South Carolinians.

Our trusted team of lawyers is here to help your loved one recover maximum compensation for their damages. Contact us now for a free initial consultation.

The post What To Do if You Witness a Motorcycle Accident appeared first on Joye Law Firm.



from Joye Law Firm https://www.joyelawfirm.com/2022/10/what-to-do-if-you-witness-a-motorcycle-accident/
via https://www.joyelawfirm.com