Why More Trucking Accidents Happen During the Holidays

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

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

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

Holiday Truck Accident Statistics

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

Holiday traffic deaths in South Carolina were as follows:

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

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

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

Reasons That May Contribute to More Truck Accidents During Holidays

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

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

Tips For Drivers to Stay Safe During Holidays

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

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

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

Contact a Commercial Truck Accident Attorney Today

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

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Getting a New Job While on Workers’ Comp

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

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

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

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

S.C. Workers’ Comp Rules for Benefits

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

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

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

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

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

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

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

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

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

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

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

Factors to Consider Before Taking a New Job

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

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

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

Contact a South Carolina Workers’ Compensation Lawyer

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

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

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

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Arbitration for Personal Injury Cases

Most personal injury claims are settled outside of court, often before a trial even begins. Resolving a case through some type of alternative dispute resolution saves time and money. It also reduces the burden on the court system and keeps details of the case private.

Our personal injury lawyers at Joye Law Firm often negotiate insurance settlements on behalf of clients. In addition to negotiations, the methods of dispute resolution commonly used in car accident cases and other personal injury claims are arbitration and mediation.

Typically, if negotiations toward a settlement in a personal injury case do not work out, the plaintiff may file a lawsuit asking the court to order the defendant to pay compensation. In South Carolina, a state Supreme Court ruling requires most civil matters to go through mediation first.

In mediation, a specially trained mediator helps the parties try to resolve their dispute. The parties make the decisions, not the mediator. They can either settle the matter in mediation or go forward with a lawsuit or arbitration.

How Does Arbitration Work?

In arbitration, a specially trained person – an arbitrator – or a panel of arbitrators hears the evidence presented by each side in the dispute and then makes a decision. The arbitrator’s decision can be binding or nonbinding. If it is binding, the arbitrator’s decision becomes part of a contract between the parties.

Arbitrators are legally known as neutral parties because they are impartial. Arbitration is also confidential in most cases.

Each side in an arbitration hearing may present witnesses, who must swear their testimony is true. Lawyers for each side in the dispute may question witnesses and introduce evidence. The arbitrator can question witnesses, as well.

Arbitration is more formal than mediation but less formal than a court of law. Any type of conflict can be settled through arbitration, such as business matters, neighborhood disputes, or family issues.

Some business contracts have mandatory arbitration clauses. However, South Carolina law upholding the validity of arbitration agreements as means to settle civil disputes, exempts personal injury claims (Section 15-48-10(4)).

In a South Carolina Supreme Court ruling, the Court said non-signatories to insurance policies could not be forced into arbitration to settle claims. For example, if your car was damaged in a car accident someone else caused, you would seek compensation through their auto liability insurance. If that policy contained a mandatory arbitration clause, you would not be bound to use arbitration because you were not a signatory to that contract. If you had an auto insurance policy of your own that had an arbitration clause, you would likely be bound by the terms of the policy.

Sometimes, the parties in a dispute go through voluntary, nonbinding arbitration to test the strengths of a potential lawsuit, with the aim of forging a settlement. A personal injury attorney at Joye Law Firm can review the details of your accident and help you understand whether resolving the matter will involve arbitration.

Pros and Cons of Arbitration

There are potential advantages and disadvantages to weigh to arbitration. Among the advantages:

• Privacy – Arbitration decisions usually remain confidential, whereas a court case is part of the public record.
• Expedience – Court dockets are crowded, and it may take more than a year for a personal injury lawsuit to be heard. Arbitration can take place more quickly. The arbitrator may have more flexibility for scheduling the hearing around your needs than the courts will.
• More casual setting – Arbitration does not adhere to the strict rules of civil procedure used by the courts. This tends to make hearings less stressful.
• Less hostility – Because the proceedings are less formal, an arbitrator usually encourages each party to participate fully and may even consult both sides for help structuring a resolution. This encourages the parties to work together.
• Lawsuit or settlement still an option – By choosing nonbinding arbitration, you preserve the option to accept the arbitrator’s decision or to reject it and proceed to court.

Some of the drawbacks of arbitration include:

• Questionable objectivity – The insurance company will likely insist upon an arbitrator of its choice, whom you can bet is often sympathetic to insurers. If you have an experienced attorney representing you, the attorney will know professional arbitrators in the state and be able to help you negotiate who will hear your case.
• Rising costs –Despite some saying arbitration is cheaper than filing a lawsuit, an arbitrator must be paid, and their fees are continually increasing. This makes the affordability of arbitration an issue for some people.

Our attorneys at Joye Law know what it takes to present a strong case to the arbitrator. Before, during, and after arbitration, we would continue to seek opportunities to settle your case if the insurer made a reasonable offer to you. The trial run of a case in arbitration can compel either side to agree to settle.

Contact Our Personal Injury Lawyers Today

Our South Carolina personal injury attorneys at Joye Law Firm can help you through the complicated aftermath of a serious accidental injury. We have a long track record of obtaining monetary awards for our clients. While every case stands on its own and previous cases don’t guarantee future results, our winning record does illustrate our experience handling personal injury cases and ability to successfully resolve them without going to court.

Contact Joye Law Firm today at 888-324-3100 or online for a free consultation about your accident and your legal options, including voluntary arbitration and other forms of alternative dispute resolution.

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What Happens If I Was Hit by an Unlicensed Driver?

Being in a car accident is a bad enough experience. If you find out afterward that the driver who slammed into you doesn’t have a driver’s license, your heart will probably sink. That’s because anyone  driving without a license is also unlikely to have car insurance coverage.

If you’ve been injured and have medical bills from a car accident caused by an unlicensed driver, don’t walk away from a potential claim just yet. A car accident lawyer at Joye Law Firm can review your legal options. You may still be able to recover money for losses caused by an unlicensed driver. At the very least, we can help you understand the options available to you during a free initial consultation.

Call Joye Law Firm or contact us online for a free consultation. Our law firm has offices in Charleston, Columbia, Clinton, Summerville, and Myrtle Beach, and we assist injured people throughout South Carolina. If you can’t come to us, we’ll come to you.

Insurance When an Unlicensed Driver Gets into an Accident

When someone injures you in a car accident, you have the right to make a claim against the driver’s auto liability insurance and demand reimbursement for your medical bills, lost wages, and damage to your vehicle. Car owners in South Carolina are required to maintain auto liability insurance coverage to operate their vehicles in the state.

That’s the distinction you need to keep in mind if you are in an accident with an unlicensed driver. The driver may declare that he or she doesn’t have insurance, but the driver may not be the car owner. The driver may not know whether the car is insured or may be misstating the facts. This may happen if the driver is:

• Intoxicated by alcohol or drugs
• A teenager who doesn’t understand auto insurance
• Driving someone else’s car and doesn’t understand auto insurance
• Being uncooperative
• Confused by the chaotic accident scene.

Police who respond to the accident will ask for insurance information, check the driver’s name against the car’s registration (under the owner’s name), and inquire further about insurance if there is a discrepancy.

The point is that you shouldn’t necessarily rely on what an unlicensed driver who has just caused a crash says at the accident scene. A car accident lawyer can determine whether the car that hit you is covered by liability insurance.

If the car that hit you has no liability coverage, you may need to file a claim against your own uninsured motorist insurance coverage. South Carolina requires insurance companies to offer car owners uninsured/underinsured motorists (UM/UIM) coverage with their auto liability insurance.

Uninsured motorist coverage protects the policyholder directly. It pays if you are injured and/or your property is damaged by an uninsured driver or a hit-and-run driver. The coverage limits must be equivalent to the minimum liability coverage required in South Carolina, which is:

• $25,000 per person for bodily injury
• $50,000 for all persons injured in one accident
• $25,000 for all property damage in one accident.

If you don’t want uninsured/underinsured motorist coverage, you must decline it in writing. Many car owners have UM/UIM coverage without realizing it. You should check with your insurer. You will be glad you have this coverage if you have been hit by an unlicensed driver.

Compensation Beyond Auto Insurance in an Accident with an Unlicensed Driver

It is possible to file a personal injury lawsuit against an unlicensed driver who has caused you injury in a car accident. For a lawsuit to be successful, you must be able to demonstrate to the satisfaction of a judge and jury that the driver’s negligence led to your injury.

However, for a lawsuit to be worthwhile, there must be assets available that can be seized if you are awarded damages. The assets must be enough to cover the costs of pursuing the lawsuit and still provide a payout for you.

In some circumstances, an unlicensed driver may have assets. Or, there also may be a third party responsible for them, such as:

• Parents of an underage or an otherwise dependent driver whose license has been suspended or revoked
• Grown children with guardianship over an elderly driver whose license and insurance has expired.

There are other cases in which a third party may be held responsible for an accident caused by an unlicensed driver, such as:

• An employer who may be held liable for injuries caused by an employee who was driving as part of their job at the time of the accident. The employer may or may not know about the status of their employee’s driving license.

• A restaurant, bar, or theater that served alcohol to a visibly intoxicated adult or someone they should have known was intoxicated and who later drove the vehicle that hit you.

• A social host who intentionally served or allowed alcohol to be served to a person under 21 years old who later drove the vehicle that hit you.

If the unlicensed driver who hit you appeared to have been drinking – regardless of whether they were charged – you should speak to a lawyer.

South Carolina requires anyone licensed to sell alcoholic beverages for on-premises consumption to maintain liability insurance worth at least $1 million. We can investigate the activities of a drinking driver who has caused a car accident to determine whether another party shares responsibility for the accident and should therefore compensate you.

Contact a Motor Vehicle Accident Attorney in South Carolina

If an unlicensed driver caused a car accident that left you injured in South Carolina, you should consult a knowledgeable S.C. personal injury lawyer about the potential to seek compensation for your injuries and other losses.

At Joye Law Firm, our South Carolina car accident attorneys seek to find all of the compensation available to help the injured people we represent. Contact us online or by phone at 888-324-3100 to get started with a free consultation about the circumstances of your car accident injuries.

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What Are the Most Dangerous Distracted Driving Behaviors?

Driving a car requires your full attention, and any distractions can cause catastrophic accidents. On average, eight people die in crashes involving distracted driving in the United States every single day.

If you were involved in an accident with a distracted driver, a South Carolina car crash lawyer can help you file a claim. They can review the evidence and look through police reports to see which distracted driving behavior caused your injuries and hold the person responsible liable.

What are the Three Types of Distracted Driving Behaviors?

The Center for Disease Control categorizes distracted driving into three main types:

• Manual distraction: When the driver takes their hands off the wheel to perform another task, this is a manual distraction. Reaching for something in the backseat or footwell, changing the channel on your car’s radio, and drinking coffee are all examples of manual distractions.
• Visual distraction: Visual distractions occur when drivers aren’t paying attention to the road. These distractions include looking at your GPS on your smartphone, turning your head to chat with a passenger, and looking out the window.
• Cognitive distraction: If you take your mind off driving by focusing on something else, you’re engaging in a cognitive distraction. Cognitive distraction involves daydreaming, road rage, and thinking about personal and work-related issues.

The 5 Most Common Distracted Driving Behaviors 

These are some of the most common distracted driving behaviors that can result in serious accidents. Abstain from these actions when behind the wheel.

1.     Texting while driving

Cellular devices account for 13% of fatal distracted-related crashes. It may seem harmless to glance down at your smartphone to check for messages. However, looking at your phone for just 5 seconds is equivalent to traveling the length of an entire football field while blindfolded.

To resist looking at your cell phone, put your phone on silent and pull over to a rest area to answer urgent messages. Designate a passenger in your car to text on your behalf while you’re driving.

2.     Adjusting the vehicle’s control settings

Most modern cars include an in-car screen or touchscreen infotainment system, but these may also be a source of driver distraction. People spend an average of 40 seconds adjusting their infotainment systems in their cars, increasing the likelihood of a collision.

The National Highway Traffic Safety Administration (NHTSA) has raised concerns about the popularity of in-car screens in vehicles because of the impact distracted driving has on safety. To combat distraction, enter your navigation information into your touchscreen before you leave rather than while on the road. Ask a passenger in your vehicle to adjust the vehicle’s control settings for you when needed.

3.     Eating

Eating and drinking while driving can increase the risk of crashing by 3.6 times. A 2012 study reported that eating on the go slows reaction time by up to 44%, while drinking slows reaction time by 22%. If you need to eat while on the road, stop at the next place where you can get food and eat it while parked before continuing to your final destination.

4.     Personal grooming

Pull-down mirrors in the front seat of your vehicle should only be used while parked to check your appearance before exiting the car. However, 8% of women were found to groom themselves while driving, as were 3% of men.

A study by the American Automobile Association found that the second most common distraction for teen drivers was personal grooming. Make sure you apply cosmetics and take care of any personal grooming responsibilities before driving.

5.     Caring for children

Looking after your children while driving can be a tough balance to strike with safety in mind. A 2012 study found that children might be 12 times more distracting to a driver than talking on a smartphone.

To keep everyone in your car safe, prepare snacks, drinks, and toys to entertain kids ahead of time, so you can focus on the road. If your child needs immediate help, pull over to a safe location to assist them. You should also teach your children that parents need to pay attention to the road so that they can reach their destination safely.

Contact a Car Crash Lawyer

If you think the driver who hit you was distracted, work with an attorney from Joye Law Firm who can investigate your accident and determine liability. Contact us today to request a free case review to discuss if distracted driving caused your accident.

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The Unique Dangers of Car Carrier Accidents

Commercial tractor-trailers used as car carriers or car transporters are a unique danger on highways. Their weight and unwieldy nature can lead to serious accidents. Because automobile manufacturers have a significant presence in South Carolina, car carriers are a common sight on the state’s highways and interstates. Car carrier accidents cause serious and fatal injuries.

Call Joye Law Firm if you or someone you know has been injured in a collision involving a car carrier in South Carolina. Our firm offers a free consultation with a South Carolina truck accident attorney who can review your injuries and help you understand whether a lawsuit is in order to demand compensation.

Fill out our online contact form or phone 888-324-3100 today.

What Is a Car Carrier?

Car carriers are large truck-and-trailer combos that transport passenger cars, vans, and pickup trucks from manufacturers to dealerships and between dealerships. They may be configured as flatbed single-level carriers or as multilevel carriers with open and/or enclosed options.

Multilevel carriers are considered the most efficient vehicle haulers and are most often used by for-hire vehicle transport companies. Vehicles are typically transported on open 9- or 10-car carriers, which are 18-wheelers equipped with dual metal treads that allow vehicles to be driven on and off the trailers using integrated ramps. An open-air design accommodates oversized vehicles.

Car carriers with enclosed boxed trailers are typically used to transport high-value and/or classic cars. This allows these vehicles to be shipped without drawing attention to them, while also protecting them from the weather and road debris. Enclosed car carriers use hydraulics to lift vehicles to the point where they can be driven into the trailer.

The actual number of cars a carrier can transport depends on how large the cars are and whether carrying more would exceed the carrier’s maximum allowed weight.

South Carolina has a substantial automotive industry with nearly 500 automotive-related companies and suppliers in the state. The industry employs more than 72,000 South Carolinians. Worldwide brands such as BMW, Volvo Cars, and Mercedes-Benz Vans make vehicles in South Carolina and ship them throughout the United States and overseas. Auto dealerships across South Carolina are also served by transporters hired by manufacturers and distributors.

Causes of Car Carrier Truck Accidents

Car haulers get into crashes for the same reasons that other large trucks do. Because of their weight, car carriers require longer distances to stop than passenger vehicles. This makes these big trucks susceptible to crashes, particularly rear-end accidents, if a truck driver is speeding, driving too fast for conditions, or not paying adequate attention to surrounding traffic or other road conditions.

Multilevel carriers are top-heavy when loaded with vehicles. Their higher center of gravity can cause them to sway or tilt in sharp turns or hard braking, or even to roll over. Shifting weight from vehicles on the carrier can add to conditions that make a driver lose control of a vehicle hauler.

In addition to a fatigued or inexperienced truck driver causing a crash, other common causes of car carrier accidents include:

• Overpass Strikes. The design of some older highway bridges in South Carolina does not provide enough clearance for a loaded car hauler and its cargo. A truck can hit an overpass and become wedged underneath the overpass. A truck that hits an underpass and stops suddenly may cause cars behind it to get into rear-end collisions. The truck’s collision with the bridge may also cause damage to the bridge itself.
• Unsecured Cargo. Automobiles, pickups, and vans loaded on carriers must be secured at both the front and rear to prevent movement. An improperly secured vehicle may move or fall onto the highway if the truck hits a pothole, suddenly brakes, or turns sharply. The sudden shifting weight can cause an accident.
• Fires. Vehicles transported by car carriers are filled with gasoline. In a collision, this fuel can ignite into an explosion. This is why vehicles being transported by car carriers meet the definition of a hazardous material under federal rules governing commercial trucks and are required to carry $1 million of public liability insurance coverage because of the significant harm a crash can cause.

Because of a vehicle carrier’s size and power, motorists in passenger cars are at a higher risk of being severely injured or killed in car carrier accidents than in other types of motor vehicle accidents.

Who May be Liable in an Accident Involving a Car Hauler?

The truck driver who was at the wheel of a car carrier in an accident is likely to be considered legally responsible for a crash that resulted from his or her negligence. The company that employed the driver and/or owned the truck may also be held responsible, too.

An employer may be held responsible either for the actions of its employee or because of the company’s own negligence, such as having hired an inexperienced driver or someone with an unsafe driving record. A trucking company may also be financially liable if it is shown that a mechanical failure on the truck contributed to the accident and the company should have known the vehicle did not belong on the road.

Other potential defendants may include:

• The company that owned the vehicles being transported
• A vendor responsible for loading and securing vehicles on the carrier
• A third-party service vendor responsible for maintaining the car carrier
• Government agencies responsible for road design and maintenance.

It is not unusual for a truck accident case to lead to multiple claims on behalf of those injured.

A legal claim may seek to recover compensation for the injured individual:

• Medical bills
• Lost income due to injuries
• Property damage to their vehicle
• Pain and suffering, and more.

Contact Our S.C. Truck Accident Attorneys

If you or a loved one has suffered serious injuries in an accident caused by a car carrier in South Carolina, consult an experienced S.C. truck accident lawyer to discuss your legal rights. An attorney at Joye Law Firm will review the details of the accident and help you understand whether you have a right to pursue compensation for your medical bills and other losses.

Call Joye Law Firm at 888-324-3100 or fill out our free online case evaluation form today for a free, no-obligation legal consultation about how we can help you.

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Who is Liable for a Car Accident Caused by a Medical Emergency?

Car accident claims are typically based on who is at fault in an accident. The injured person making a claim must show that the other driver acted improperly by speeding or running a stop sign, for example.

But sometimes a driver claims a crash wasn’t their fault because they were suffering a seizure or a heart attack at the time of the accident.

Is a driver legally responsible if he or she got into an auto accident due to a medical emergency? Each year, South Carolina car accident records show that medical-related issues are reported as the primary contributing factor for several hundred collisions that cause injuries.

When representing a car accident victim who has been injured through no fault of their own, our car accident attorneys at Joye Law Firm would closely question what happened to cause harm to our client. While we feel sympathy for anyone who has experienced a serious medical event, we also work to find out whether the other driver’s medical issue was foreseeable and whether it was the actual cause of the accident.

What is the Sudden Medical Emergency Defense?

South Carolina law recognizes that there may be legitimate instances in which a driver suddenly becomes incapacitated through no fault of their own.. In South Carolina, the sudden unforeseeable incapacity defense dates to a court case known as Boyleston v. Baxley, 133 S.E.2d 796 (S.C. 1963).

In Boyleston v. Baxley, the South Carolina Supreme Court stated that “the operator of an automobile is not ordinarily chargeable with negligence if he is suddenly stricken by a fainting spell, or loses consciousness from some other unforeseen cause, and is unable to control the vehicle.”

The Court added, “However, one who relies upon this principle, in explanation of apparently negligent conduct, has the burden of proving sudden incapacity.”

Typically, the sudden medical emergency defense is seen as requiring a driver who is otherwise considered negligent to show:

• They suddenly became physically incapacitated
• The incapacity rendered them unable to control their vehicle; and
• The accident was the result of a loss of control resulting from the incapacity.

Additionally, the defendant must show that their incapacity was not reasonably foreseeable.

In another South Carolina case, Howle v. PYA/ Monarch, Inc., 344 S.E.2d 157 (S.C. Ct. App. 1986), the appeals court ruled that a driver who went into a diabetic coma just before a head-on collision was negligent because he had had symptoms prior to the accident that provided sufficient warning that a hypoglycemic episode was approaching. But he did not take the opportunity to resolve his medical issues or to stop driving.

A defendant who has been shown to be responsible for a car accident has the burden of proof when using the medical emergency defense to avoid liability. Our attorneys at Joye Law Firm have experience overcoming the medical emergency defense.

What Sudden Medical Emergencies Might a Driver Claim?

Because South Carolina’s legal guidance for the sudden medical emergency defense speaks of the burden of proving “sudden incapacity,” it provides the use of a potentially broader range of medical conditions to cite in such a defense as compared to those states that speak specifically of a loss of consciousness.

A loss of consciousness might be caused by:

• Fainting
• Seizure
• Heart attack
• Stroke
• Hypoglycemia, exceptionally low blood sugar (glucose)
• Syncope, a loss of consciousness
• A reaction to a medication

Other medical causes of sudden physical or mental inability to do something may include:

• Brain aneurysm
• Cramps
• Choking
• Severe sneezing
• Reaction to a bee/wasp sting
• Mental illness

How We Can Work to Overcome the Medical Emergency Defense

A driver claiming that a medical emergency caused a car accident must show that something happened that could not have been foreseen and that it made the driver incapable of avoiding the car accident that followed.

Here are some issues we would consider as we sought to penetrate this defense:

• Evidence of a medical issue. The defendant must provide evidence of an incapacitating incident. A driver claiming short-term issues like a leg cramp or a sneezing fit would likely need testimony from a passenger in their car to support the defense. Our attorneys would review any material evidence and closely question witnesses as part of our investigation on behalf of an accident victim. For example, testimony from first responders to the accident scene might contradict the claims that the defendant was dealing with an incapacitating medical condition.

• Was it reasonably foreseen? The most likely issue to attack in a medical emergency defense is the foreseeability of the medical problem. We would seek the defendant’s medical records and speak with doctors and others to determine whether, for instance, a defendant claiming a heart attack had had prior cardiac episodes. If we found the defendant had diabetes or a similar controllable disease, we would trace their steps prior to the accident to determine whether they had taken medication as prescribed to control symptoms of the illness.

• Causation. Did the alleged medical condition really cause the accident? The shock of an oncoming collision or having been in a collision could lead to a heart attack. A stroke could be caused by a blow to the head suffered in a crash. We would question medical evidence, examine the defendant’s behavior prior to the accident, and consider other evidence that explains the crash to determine whether other factors may have contributed to the accident. Information from the car’s “black box” or Event Data Recorder (EDR), which records numerous vehicle functions at the moment of a collision, or from an accident reconstruction specialist’s study might reveal the actual cause of a crash.

In many cases, our attorneys can identify another cause of the accident and overcome the medical emergency defense. However, refuting a medical emergency defense usually takes an exhaustive, independent investigation by an experienced legal team with the resources and dedication to uncover the true facts.

Contact Our S.C. Car Accident Lawyers

If you have been injured in an auto accident and the driver at fault is claiming a sudden medical problem caused the accident, our South Carolina car accident attorneys can determine the actual cause of the crash and hold the responsible driver accountable. Joye Law Firm has been investigating accident claims and helping car accident victims across South Carolina for more than 50 years. Our goal is to have a positive impact on the life of each person who turns to us for help.

Contact Joye Law Firm at 888-324-3100 or online for a free initial consultation. We have offices in Charleston, Columbia, Clinton, Summerville, and Myrtle Beach. Call us today to discuss how we may help you

The post Who is Liable for a Car Accident Caused by a Medical Emergency? appeared first on Joye Law Firm.

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