When is Another Driver Responsible?

When is Another Driver Responsible for My Damages from a Car Accident?

In order to recover for all your harms and losses, you must prove that the wrongdoer who caused the car accident was negligent or reckless. In plain english, negligence means breaking a traffic safety rule with no excuse. In legalize, South Carolina law defines car accident negligence as the failure to “exercise due care, that degree of care which would have been exercised by a person of ordinary reason and prudence,” under the circumstances. (South Carolina Requests to Charge, Civil, Section 28-1). Simply put, a wrongdoer is legally responsible for a car accident when the wrongdoer breaks a traffic safety rule without justification.

If you have been hurt in a car accident:

1. Please read why I don’t believe it was an accident, here;
2. Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
3. Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

What are the Categories of Damages?

What are the Categories of Damages South Carolina Law Recognizes?

South Carolina law recognizes multiple categories of damages in a car accident case. One, actual damages, or compensatory damages, attempt to return the injured person to their pre-injury status as if the wrongdoer never caused the injury in the first place. Paying for medical bills that were caused by the injury from the car collision is an example of actual damages. Two, punitive damages punish the wrongdoer for especially terrible conduct and uphold the injured person’s rights.

Pay Damages After a Car Accident?

Why Does South Carolina Law Require At Fault Drivers to Pay Damages?

South Carolina law mandates the person who caused an automobile accident to pay money damages to the person they injured. The person who caused the accident is the “at fault driver.” South Carolina law uses the word wrongdoer. A wrongdoer is a person who was negligent, reckless, or intentional in injuring another person.

South Carolina law on automobile accident damages is not new. It’s historical foundations can be seen in the Old Testament book of Exodus, which instructs a wrongdoer to pay an injured person for the harm the wrongdoer caused. See Exodus 21:18-19. These timeless laws aim to make sure an injured person’s medical bills and other losses are paid by the person who caused the harm in the first place.

South Carolina’s Texting Ban

South Carolina finally passed a statewide texting ban on June 9, 2014. Here is what you need to know:

1. the ban takes place immediately, but law enforcement officers can only issue warnings for the first 180 days;
2. the ban makes it unlawful to “compose, send, or read” all types of electronic messages including texts, instant messages, or emails;
3. law enforcement officers must have a “clear and unobstructed view” before they can pull a violator over;
4. the penalty is $25.00 for a single violation or a maximum of $50.00 for multiple violations;
5. drivers can still use their GPS for navigation purposes;
6. a violation is not a crime;
7. records of violations are not kept by the SC DMV and can not be reported to the violator’s insurance company;

Click here for the full text of the law.

If you have been hurt in a car accident:

1. Please read why I don’t believe it was an accident, here;
2. Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
3. Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

South Carolina Texting Ban Full Text

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO DEFINE CERTAIN TERMS RELATED TO THE USE AND OPERATION OF A WIRELESS ELECTRONIC COMMUNICATION DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE A WIRELESS ELECTRONIC COMMUNICATION DEVICE TO COMPOSE, SEND, OR READ A TEXT-BASED COMMUNICATION WHILE OPERATING A MOTOR VEHICLE ON THE PUBLIC HIGHWAYS OF THIS STATE, TO PROVIDE EXCEPTIONS TO THIS PROHIBITION, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS SECTION, TO PROVIDE THAT A VIOLATION OF THIS SECTION MUST NOT BE INCLUDED IN THE OFFENDER’S MOTOR VEHICLE RECORD OR REPORTED TO HIS MOTOR VEHICLE INSURER, TO PROVIDE THAT LAW ENFORCEMENT OFFICERS SHALL ISSUE ONLY WARNINGS FOR VIOLATIONS OF THIS SECTION DURING THE FIRST ONE HUNDRED EIGHTY DAYS AFTER ITS EFFECTIVE DATE, TO PLACE CERTAIN RESTRICTIONS ON LAW ENFORCEMENT OFFICERS WHO ENFORCE THIS SECTION, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO MAINTAIN STATISTICAL INFORMATION REGARDING CITATIONS ISSUED PURSUANT TO THIS SECTION, AND TO PROVIDE THAT THIS SECTION PREEMPTS ALL ORDINANCES, REGULATIONS, AND RESOLUTIONS ADOPTED BY LOCAL GOVERNMENTAL ENTITIES REGARDING PERSONS USING WIRELESS ELECTRONIC COMMUNICATION DEVICES WHILE OPERATING MOTOR VEHICLES ON THE PUBLIC HIGHWAYS OF THIS STATE.

Be it enacted by the General Assembly of the State of South Carolina:

Unlawful use of a wireless electronic communication device while operating a motor vehicle

SECTION 1. Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:

“Section 56-5-3890. (A) For purposes of this section:

(1) ‘Hands-free wireless electronic communication device’ means an electronic device, including, but not limited to, a telephone, a personal digital assistant, a text-messaging device, or a computer, which allows a person to wirelessly communicate with another person without holding the device in either hand by utilizing an internal feature or function of the device, an attachment, or an additional device. A hands-free wireless electronic communication device may require the use of either hand to activate or deactivate an internal feature or function of the device.

(2) ‘Text-based communication’ means a communication using text-based information, including, but not limited to, a text message, an SMS message, an instant message, or an electronic mail message.

(3) ‘Wireless electronic communication device’ means an electronic device, including, but not limited to, a telephone, a personal digital assistant, a text-messaging device, or a computer, which allows a person to wirelessly communicate with another person.

(B) It is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State.

(C) This section does not apply to a person who is:

(1) lawfully parked or stopped;

(2) using a hands-free wireless electronic communication device;

(3) summoning emergency assistance;

(4) transmitting or receiving data as part of a digital dispatch system;

(5) a public safety official while in the performance of the person’s official duties; or

(6) using a global positioning system device or an internal global positioning system feature or function of a wireless electronic communication device for the purpose of navigation or obtaining related traffic and road condition information.

(D)(1) A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-five dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section. A person must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this section must not be:

(a) included in the offender’s motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

(b) reported to the offender’s motor vehicle insurer.

(2) During the first one hundred eighty days after this section’s effective date, law enforcement officers shall issue only warnings for violations of this section.

(E) A law enforcement officer shall not:

(1) stop a person for a violation of this section except when the officer has probable cause that a violation has occurred based on the officer’s clear and unobstructed view of a person who is using a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State;

(2) seize, search, view, or require the forfeiture of a wireless electronic communication device because of a violation of this section;

(3) search or request to search a motor vehicle, driver, or passenger in a motor vehicle, solely because of a violation of this section; or

(4) make a custodial arrest for a violation of this section, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.

(F) The Department of Public Safety shall maintain statistical information regarding citations issued pursuant to this section.

(G) This section preempts local ordinances, regulations, and resolutions adopted by municipalities, counties, and other local governmental entities regarding persons using wireless electronic communication devices while operating motor vehicles on the public streets and highways of this State.”

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2014.

Approved the 9th day of June, 2014. — S.

Should I Replace My Car Seat?

Should I Replace My Car seat after an accident?

Often, parents first thoughts after a car accident are the health and wellbeing of their children who are in their automobile. After everyone gets the medical treatment they need, thoughts turn to getting their car fixed and property damage taken care of.

One important item to consider is your child’s car seat. While child car seats provide protection during an accident, a damaged car seat may not protect your child as intended. Manufacturers and the National Highway Traffic Safety Administration have issued guidelines about when to replace car seats after an accident.

The National Highway Traffic Safety Administration (NHTSA) says that car seats can be reused after a minor crash, but not after a moderate or severe accident. The NHTSA uses a five part test to determine if you should replace your car seat. You can re-use your carseat if:
1. your car was drivable from the accident site;
2. the door closest the seat was not damaged;
3. no occupants had any injuries;
4. the airbags did not deploy; AND
5. the car seat has no visible damage.

If your case cannot meet all the above requirements, then the NHTSA says you should replace your car seat. However, some manufacturers do not follow the NHTSA test. Call the manufacturer of your car seat or visit their website and get the manufacturer’s guidance on car seat reuse.

Sometimes, the guidelines from the NHTSA and your car seat manufacturer won’t agree. If it were my children’s car seat, I would follow the manufacturer’s guidelines. Please also remember to install your car seats properly.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

Teens Stop Texting and Driving

June is national safety month and many organizations are helping promote safety awareness. The National Safety Counsel, at www.nsc.org, encourages organizations to promote education of safe behaviors surrounding preventable injuries every June.

The low hanging fruit is stopping texting while driving and your teen is likely doing this.

The Centers for Disease Control and Prevention found that 41% of your teens have texted or emailed while driving. This risky behavior leads to thousands of injures and deaths every year. Injures resulting from texting while driving are completely preventable. Please talk to your teen drivers about the risks of driving while texting and riding in a car where the driver is texting.

I applaud Volkswagen for their recent commercial highlighting the dangers of texting while driving.

Watch it below and show it to your teen driver.

If you have been injured in a car accident, please call me at 888-510-9359 to tell me your story and get quick answers.

Drivers Can Learn

This week, comedian Tracy Morgan was critically injured in an accident that involved his commercial vehicle and a Wal-Mart tractor trailer. While it appears that he will recover, he may have a long hospital stay.

Tracy Morgan’s car accident case illustrates three important parts of South Carolina law, although this collision happened in New Jersey. Tracy Morgan is an award-winning comedian and actor. My wife and I loved watching him on “30 Rock” and we still watch the re-runs on Netfix. Tracy Morgan and those in his vehicle were critically injured and one of his companions was killed.

As I read the coverage, I was relieved when Wal-Mart agreed to take “full responsibility” if its driver was at fault. New Jersey police investigating the crash have said that the driver of the Wal-Mart truck was at fault for the collision and cited sleep deprivation as a possible contributor. However, some media outlets reported that the driver may dispute that he is at fault.

Tracy Morgan’s case illustrates three important parts of South Carolina law that drivers should know. One, in South Carolina “full responsibility” means paying for more than medical bills. Two, drivers who are cited as at fault by police officers may dispute that in court. Three, you need more car insurance.

Wal-Mart was reported to accept “full-responsibility” if its driver was determined to be “at-fault” for the crash. Full responsibility under South Carolina law requires the at fault driver to pay money damages to the injured for all the harms and losses they caused. Harms and losses include medical bills, loss of income, future medical bills, mental anguish and distress, and pain and suffering, as well as many others. I hope Wal-Mart understands that full responsibility means more than paying for Tracy Morgan’s medical bills.

Even though Wal-Mart was reported to accept “full responsibility” the media outlets have not reported on whether Wal-Mart has agreed that its truck driver was “at fault.” Typically, the police will investigate car crashes and make a determination of who they believe contributed the accident. However, the police officer’s determination of who is at fault is not allowed as evidence in a civil case. Even worse, the person who caused the crash, or their insurer, can challenge that they are at fault at trial.

You need more insurance. You need more insurance because car accidents, especially on the interstate, or with large commercial trucks can be devastating. Tracy Morgan’s reported injuries include a broken leg, broken nose, and several broken ribs. He will likely be in the hospital for weeks and have multiple surgeries. Imagine the size of those hospital bills.

Commercial trucks are only required to have $750,000.00 in liability insurance. In this case, that money would have to be distributed to all those people the truck driver killed and injured. In the face of multiple people who are critically injured, $750,000.00 may not go that far. Once the liability limits are reached, there may be no more money to help the injured with their harms and losses. The solution is for you to get more car insurance, specifically underinsured motorist coverage. This coverage pays for an injured person’s harms and losses when the at-fault insurance policy runs out. Considering South Carolina minimum limits for liability insurance is $25,000.00, you should call your insurance agent today. Hospital bills and emergency medical care can quickly exceed $25,000.00 and an injured person can be stuck with those bills if they don’t have underinsured motorist coverage.

High profile crashes, like Tracy Morgan’s accident, are devastating. However, I hope that learning about these three areas of South Carolina law can help other people better plan for potential disaster.

Emergency Car Kit

Traffic Tip Tuesday: 7 Must Have Items For Your Emergency Car Kit

The summer driving season is here, and that can mean danger on our streets and highways. Create an emergency car kit to deal with unexpected dangers that crop up.

First, include a tire pressure gauge, 12 volt compressor, and foam tire sealant. Maintaining proper tire pressure is one of the most important maintenance items for your automobile. It is also a safety issue because improperly inflated tires can lead to disastrous failure.

Second, include jumper cables for when that interior light gets left on accidentally.

Third, keep your emergency roadside number in the glove compartment for easy access in case you need it.

Fourth, keep a car charger so you can use your phone in an emergency even when your battery is almost empty. Also include a disposable camera if you don’t have camera on your phone.

Fifth, include some cash just in case something you need can’t be bought with a card.

Sixth, make sure to have some drinking water. Roadside emergencies happen at in-opportune time and places. If your car is not operable, you and your passengers may be out in the hot weather.

Seven, keep a first aid kit in your car. Make sure to have one that has an assortment of supplies for cuts, scrapes, and burns. Sunscreen would also be an important supply.

Many other items belong in an emergency car kit. For additional resources, please visit the sites below.

Links:

http://www.consumerreports.org/cro/2012/03/roadside-emergency-kit-what-to-carry-with-you/index.htm
http://www.ready.gov/kit-storage-locations
http://www.bankrate.com/finance/auto/20-must-haves-in-your-car-emergency-kit-1.aspx

Refusing to Pay My Bills?

Many medical insurance companies refuse to pay medical bills for injuries from a car wreck. They reason that since someone else, the wrongdoer, is responsible, they don’t have to pay.

Your medical insurance’s requirement to pay is controlled by the policy, which is just a contract. When your medical insurance company refuses to pay a medical bill, request a copy of your policy. Although it will take some time to pour through the legalize of your insurance policy, it will be worth your time if you find that there is no provision allowing them to refuse payment.

Of course, sometimes persistence pays. Don’t take no for an answer in dealing with your health insurance company.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.