South Carolina Lawyer Blog

In a case that reads like a nightmare, a lawsuit asking for $10 million has been filed against a man who caused a car wreck in Anderson County on New Year’s Eve. According to the Anderson Independent-Mail News, it’s the third lawsuit against driver Robert Blair and his employer, Craft Construction, over the fatal three-car accident.

Blair, a construction company employee, was on his way to work on Dec. 31 at around 6:30 a.m. when he ran off the side of the road. Blair overcorrected and drove his company-owned Ford F-250 across the highway’s median, running it head-on into a car owned by a married couple named Andrew and Syblene McAbee. The McAbees died in the ensuing accident, as did Arlene Sorrells, Mrs. McAbee’s sister and a passenger in their vehicle. Blair survived, but witnesses reported that he was driving under the influence of alcohol, cold medicine and a prescription drug. He is currently awaiting trial on felony DUI causing a death. According to the newest lawsuit, filed by the husband and daughters of Arlene Sorrells, Blair’s co-workers were following in another vehicle.

Continue reading "Third Lawsuit Filed in New Year’s Eve Accident" »

In the wake of a fatal accident this month, residents are questioning the safety of an intersection in Darlington County. According to a story posted on the website of news station WBTW, the intersection of S.C. 340 and Rogers Road saw 62 crashes in the five years between 2002 and 2007. Two were fatal -- and the Jan. 11 accident made three. In that crash, a 29-year-old driver failed to yield to a tractor-trailer traveling north on the highway. Residents blame the addition of two turn lanes, which they say creates blind spots. They’re asking for a traffic light at the intersection.

Clearly, the longer an unsafe situation at an intersection is allowed to go on, the more likely it is that it will cause multiple avoidable deaths and injuries. That seems to be the case here, judging from the article:

“We’ve had cars sideways in the ditch. We had an accident ... not too long ago, where we had a wreck on Tuesday and then we had a wreck on Thursday,” said Carol Kiker, who lives close to the intersection.

Continue reading "Intersection With Repeated Accidents Called Unsafe" »

Because the Louthian Law Firm has handled South Carolina auto accident cases for nearly 50 years, unfortunately we’ve seen firsthand that younger drivers are more likely to make bad decisions out of inexperience. That’s why we were pleased to see that the South Carolina legislature is considering a bill that would require defensive driving courses for teens. Right now, South Carolina teens can get a conditional license at age 15 and a provisional one at 16, but they must pass a driver education course, pass a test and log at least 40 hours behind the wheel. The new law would require that they pass a defensive driving course as well, after Dec. 31 of this year.

If you’ve ever looked into car and truck accident statistics, you may know that younger drivers almost always have a higher rate of accidents than older ones. That’s why auto insurance rates are more expensive for younger drivers, and may explain why most car rental companies choose not to rent to drivers under age 25. According to the National Highway Traffic Safety Administration, the federal agency that tracks traffic deaths and injuries nationwide, drivers ages 15 to 20 were 6.3% of all licensed drivers in 2005, but accounted for 13.2% of fatal crashes in 2006.

Continue reading "Bill Would Be Good for Teen Drivers -- And All of Us" »

General Electric has recalled 92,000 combination wall and microwave ovens. The product recalls come after the discovery that the door switch in the ovens can overheat and ignite plastic components in the appliance. The defective units were built by GE Consumer & Industrial, of Louisville, KY and sold under the Kenmore, GE, and GE Profile Brands.

The ovens, which were sold in department and appliance stores between January 2000 and December 2003, were reportedly responsible for 35 instances of property damage due to fire. Continued use of the ovens is dangerous and could potentially put many households in danger.

When we buy something, we assume that it wouldn’t be offered for sale if it weren’t safe to use. Unfortunately, that’s not always the case. Every year, thousands of Americans are injured by unsafe consumer products such as defective unsafe household products. The U.S. Consumer Product Safety Commission, a federal agency charged with monitoring the safety of the things we buy and use, recalls hundreds of products each year, and reports that defective products cost America more than $700 billion annually.

Continue reading "GE Recalls Close to 100,000 Microwave Ovens" »

The family of a Blufton Middle School boy who died after a fight on campus reached a $200,000 South Carolina wrongful death settlement with the school district and local government. Francisco Belman – 14, died in 2002, several months after being punched in the chest by two fellow students as part of a gang initiation. The two teens plead guilty to involuntary manslaughter and were sentenced to probation.

The loss of a loved one is a tragic occurrence that can turn the lives of the deceased families upside down. No dollar amount can be attached to a life, but when deaths occur due to the negligence of another person or entity, it is important to send a message to the negligent parties through litigation. In this case, the financial loss suffered by the school board may force stricter schoolyard rules and monitoring, preventing future injuries and loss of life.

A wrongful death claim allows the survivors of a wrongful death to ease their financial troubles as well as seek justice from wrongdoers. The family of the wronged person may ask for money that helps them ease the financial effects of their loved one's premature death, such as funeral costs, medical bills, and a lifetime of lost wages. They may also ask for damages for non-economic harm, such as their loss of companionship, protection or care, mental anguish or pain and suffering. Under some circumstances, survivors of a wrongfully killed person can sue for exemplary damages (also called punitive damages) that punish a wrongdoer for recklessness, malice or willful acts.

Continue reading "$200,000 Settlement Reached in Death of Student" »

Nissan has announced an auto product recall of over 650,000 of its Altima and Sentra passenger cars to fix problems with a sensor that could lead to engine stalling.

The Japanese automaker said the recalls affects Altima and Sentra vehicles from the 2002 and 2005-2006 model years equipped with a 2.5 liter engine. The crankshaft position sensors could overheat causing an interruption in sensor’s operation. Dealers will reprogram the electronic control module to fix the defective auto product.

The end result of the malfunctioning of this sensor is the engine turning off while the car is being driven at slow speeds. This is a very dangerous scenario for automobile operators. A car whose engine stops while on a busy street or highway puts its driver in serious jeopardy

Continue reading "Nissan Recalls Over Half a Million Cars" »

A state department of transportation road maintenance foreman died after being hit by a pickup truck while on the job, according to an AP wire report. Standra Jones of Gaston , South Carolina died of multiple injuries at 6:21am at Lexington Medical Center following the truck accident according to authorities. Jones was standing on the side of the road supervising a crew that cleaned concrete safety barriers overnight when he was struck.

Jones was hit by a vehicle driven by Robert Cunningham of Gaston, state troopers said. Authorities said it was unclear why Cunningham’s 1992 Chevrolet pickup ran off the right side of the highway as it headed west, colliding with a state truck and then Jones. Jones is one of 3 agency workers to die in the last 5 years while engaged in road maintenance.

While this tragic case is an example of the worst type of South Carolina workplace injury, one-time accidents aren’t the only type of on-the-job injuries. Many employees in offices, factories or other indoor workplaces find themselves with repetitive stress injuries, which can be just as devastating as accident injuries. Mental health issues directly caused by work may also qualify as injuries to be compensated under the law. Those who work with or around dangerous chemicals -- whether they know it or not -- are also at risk for diseases caused by occupational exposure to toxins. Employers who are careless about using, storing or disposing of substances that threaten human health can cause serious, even life-threatening, health problems to their employees. They are also breaking federal and state laws. They can and should be taken to court to stop this illegal behavior and compensate the victims of their wrongdoing.

Continue reading "Highway Worker Killed In Accident" »

A drop down safety gate and flashing signals are being added to a Graniteville, South Carolina crossing where five people died in a car-train collision 3 years earlier. The tracks themselves are also being moved closer to the Graniteville canal to provide further safety and make room for the changes.

In November 2004, a freight train slammed into a car carrying five employees of nearby Avondale Mills. A few months later, another South Carolina railroad accident crash a little south of the same crossing involving railcars released toxic chlorine gas into the air, killing nine people. The move of the rails and installation of the new safety equipment will cost $1.5 million.

Train collisions and railway accidents are among the most violent and dangerous kinds of wrecks that one can be involved in. While the most common type of train accident is an accident at a place where the tracks meet a street, trains may also derail, collide with one another or spill their cargo, some of which is hazardous. Railway accidents often take place at high speeds, exposing victims to the risk of a serious injury from being thrown violently around or out of the train. Jagged or broken glass and metal, thousands of pounds of force or sudden cargo spills are just a few of the many hazards associated with a train accident.

Continue reading "Dangerous Rail Crossing to be Upgraded" »