South Carolina Injury & Accident Lawyers

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Bicycling in South CarolinaSouth Carolina is in the top 5 states for bicycle fatalities. (See our recent infographic for more facts and figures about bicycling in the Palmetto State: One step we could take to increase safety for cyclists is enactment of a 3-foot passing law.

Skeptics of the 3-foot laws say enforcement is difficult, especially if there is no collision between the vehicle and the bicycle. Proponents, on the other hand, say the collection of fines is not the point — the point is to increase awareness by drivers that they must safely share the road.

When states consider such legislation, a public dialogue ensues, putting the issue of bicycle safety top of mind. Once the 3-foot law is enacted, a public education campaign typically follows, again bringing attention to the topic and causing motorists to be aware that they are expected to alter their driving behavior.

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wood-flooring“60 Minutes” aired an expose about some Lumber Liquidators flooring products having illegal and dangerously high levels of formaldehyde.

It’s important to note that only some products have been implicated as potentially harmful. They were manufactured in China, and lab tests found levels of formaldehyde that exceeded (in some cases up to 20 times) acceptable limits. The “60 Minutes” report sampled laminate flooring sold in California, Virginia, Florida, Texas and Illinois.

So far there have been three class-action lawsuits filed, two in California and one in Florida. They allege violations of federal and state laws, false and deceptive advertising and labeling, and violations of expressed and implied warranties.

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Bicycle Helmet Safety - South CarolinaEach year, the Brain Injury Association of America (BIAA) conducts a campaign to increase awareness about brain injuries — their causes, costs and treatment.

It’s not just a matter of putting some comfy foam padding between your head and the hard, rough ground. Brain injuries from a sudden bike crash are similar to those that can be sustained in a car crash: Although the vehicle stops moving, the tissue inside the skull doesn’t. A helmet helps the head slow down gradually by cushioning the blow with specialized foam that crushes and doesn’t bounce back, and the plastic shell helps by allowing the head to slide over the ground so the neck doesn’t get wrenched.

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prescriptions-fdaAccording to its own website, the FDA “is responsible for protecting the public health by assuring the safety, effectiveness, quality, and security of human and veterinary drugs, vaccines and other biological products, and medical devices.”

But does the FDA protect the public? As recently reported by Slate magazine:

“When the FDA finds scientific fraud or misconduct, the agency doesn’t notify the public, the medical establishment, or even the scientific community that the results of a medical experiment are not to be trusted. On the contrary. For more than a decade, the FDA has shown a pattern of burying the details of misconduct. As a result, nobody ever finds out which data is bogus, which experiments are tainted, and which drugs might be on the market under false pretenses. The FDA has repeatedly hidden evidence of scientific fraud not just from the public, but also from its most trusted scientific advisers, even as they were deciding whether or not a new drug should be allowed on the market. Even a congressional panel investigating a case of fraud regarding a dangerous drug couldn’t get forthright answers. For an agency devoted to protecting the public from bogus medical science, the FDA seems to be spending an awful lot of effort protecting the perpetrators of bogus science from the public.”

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jeep-suv-fireWe hope to see continuing news reports on what consumer activist Ralph Nader called “a modern day Pinto for soccer moms.” He was referring, of course, to the notorious Ford Pinto exploding gas tanks.

In October of 2009, the Center for Auto Safety (CAS) petitioned the National Highway Traffic Safety Administration (NHTSA) to initiate a defect investigation into and recall of all 1993 – 2004 Jeep Grand Cherokees, designed with the fuel tank located behind the rear axle. They cited research showing that between 1992 and 2008, there were car accidents that included 172 fatal fire crashes, causing 254 fatalities, in these vehicles.

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Columbia, SC MalpracticeWhen comedienne Joan Rivers died last August during what was described as a routine outpatient procedure, some people began to wonder what went wrong. Now Rivers’ daughter has filed a multimillion-dollar medical malpractice lawsuit against the clinic and the two doctors and three anesthesiologists who treated her mother, alleging that their negligence triggered a coma and her mother’s death from brain damage caused by a loss of oxygen.

Just as parents have discovered that kids can and will access the Internet for more than the Encyclopedia Britannica, hospitals and patients are discovering that medical staff use their electronic devices for researching things unrelated to patient care — things like shopping on eBay, posting on Facebook, personal calls and texting — all while they are supposed to be giving direct and undivided attention to the patient.

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As a longtime cycling enthusiast and a bass-playing wannabe, not to mention a personal injury lawyer, I had several reasons to read with interest and concern about the terrible bicycle accident involving U2 frontman Bono.

Bono was enjoying a Sunday afternoon ride in New York’s Central Park on November 16, 2014, when he swerved to avoid hitting another cyclist. Variously referred to as a “high energy bicycle accident,” a “cycling spill” and a “bike fall,” the crash caused serious injuries which have led to Bono’s recent statement that he fears he may never play the guitar again.

If you’re one who thinks a bicycle wreck is likely to result only in scrapes and bruises, especially if a car is not involved and the rider was wearing a helmet, consider this: Bono’s eye socket was broken; his shoulder blade was fractured in three places; his left arm was shattered in six different places, with the bone tearing through his skin and leather jacket; and a finger was broken.

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Did Santa leave a moped at your house this year? These motor bikes have become increasingly popular forms of transportation for adults as gas prices have soared. Kids love ‘em because, under South Carolina law, they can enjoy the freedom of the road at only 14 years of age. And DUI offenders are grateful to be able to operate a vehicle which doesn’t require a driver’s license, insurance or payment of property taxes or fees.

Some or all of this could change in South Carolina if legislators are successful in amending moped laws this year. The first regular session of the 121st South Carolina General Assembly will convene on Tuesday, January 13, 2015. Over the last two weeks, hundreds of bills have been pre-filed in the House and Senate, several of which seek to strengthen the regulation of mopeds.

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Hours-of-service rules for truck drivers in the U.S. went virtually unchanged for more than 60 years, until they were revised in 2013. But two of those provisions were short-lived, thanks to lobbying by the trucking industry and the business community. An amendment tacked on to the FY 2015 omnibus appropriations bill, signed into law on December 16, suspends at least until October 1 changes made in 2013 that limit use of the “34-hour restart” to once in a seven-day period and require that it include two off-duty periods between 1:00 a.m. and 5:00 a.m. The restart rules have now been rolled back to the pre-2013 status.

FMCSA Administrator Anne S. Ferro said in 2013, “With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer.”

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When Martha Stewart says, “It’s a good thing,” she certainly can’t be talking about South Carolina’s No. 1 ranking in the latest report from Car Insurance Comparison.

The scoreboard, released earlier this month, shows South Carolina tied with Montana in the contest for which state has the worst drivers, based on statistics from the National Highway Traffic Safety Administration (NHTSA).

“If you’re living in one of these states, you might want to be extra careful when you’re out on the road,” they said. That’s exactly what Louthian Law has been urging since 1959 when we began helping people injured in South Carolina car and truck accidents and pedestrians and bicyclists harmed by careless drivers.

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