1) Where Did The Accident Occur?

       This is a common first question most attorneys will ask a prospective client who was involved in a car accident. The reason is because attorneys are only licensed to practice in a specific state. Thus, if the accident occurred outside of the state in which the attorney is licensed to practice, they will not be able to represent you in that state and will need to refer you to an attorney who can help. For example, I am only licensed to practice in South Carolina and I cannot, on my own, handle a case outside of South Carolina. There are exceptions where an attorney can be admitted with co-counsel on a limited basis, but nevertheless you will need an attorney who is licensed in the state where the accident occurred. I am always happy to provide a referral to other attorneys I strongly recommend.

    2) How Did The Accident Occur?

      An attorney is going to ask you some general questions about how the accident occurred, who was involved, where you were coming to and from and what happened immediately prior to, during and after the accident. Besided the obvious reasons why an attorney would ask these questions, from a legal standpoint they are trying to analyze liability. Specifically, they are trying to determine if more than one party was at fault, if you could have possibily been at fault or whether there is any unobvious third-party entity at fault. The attorney is also trying to determine any potential witnesses that might exist so they can develop an initial plan to investigate the accident.

    3) What Are Your Injuries and Medical Bills?

      Obviously, your injuries are important to know to get an understanding of your current condition and kind of medical treatment will be needed moving forward. While this is an obvious question, what the attorney really means when they are asking about your medical bills is the total amount of your medical expenses, not just what you were billed after your health insurance contributed. Often times however, I understand that the client may not know what their full amount of medical bills are since they may have been billed from multiple providers. This is yet another reason why an experienced auto accident attorney can help you fully investigate and analyze your claim. My advice is to at least know what medical providers you have treated with or received bills from before you meet with an attorney

    4) Do You Have Health Insurance?

      You may wonder why an attorney needs to know if you have health insurance or not since it may seem logical that the potnetial defendant (the person responsible for the accident) should be paying your medical bills. However, I always advise potential clients to submit their medical bills to their health insurance company. While it may not seem fair, you will benefit in the longrun. The reason being is that the law allows you to analyze your claim based on the full value of your medical expenses, not just what you paid after your health insurance coverages. In short, if you submit your bills to your health insurance, it will increase the overall value of your claim and allow you to put more money in your own pocket at the conclusion of your case.

    5) Did You Miss Any Time Form Work?

       It is important for an attorney to know whether or not you are currently working and have any means of income for a couple of reasons. First, it could take several months or even a couple of years before your case settles. So, if you have no means of income at the moment, it will be helpful for your attorney to know what options they have to assist you until your claim settles. Also, if you have lost time from work due to your accident, you are entitled to compensation for lost wages. Your attorney will need to know who your employer is so they can obtain the necessary documents to prove your claim for lost wages.

    6) What Kind Of Auto Insurance Do You Have?

       Depending on the severity of your injuries and medical treatment, this can be one of the most important things for an attorney to know. While you may not think it matters what your automobile insurance coverage is because the Defendant should be paying, your own insurance can be used to cover expenses when the defendant’s insurance is not enough. Under South Carolina law, you are only required to have $25,000.00 in liability insurance on your vehicle. Medical bills can easily pass this amount with even minor injuries. After the defenant’s liability insurance is exhausted, your attorney will then look to see if you have purchased Underinsured Motors Coverage (UIM) that will kick in to help pay for any additional compensation you might be owed.

            An insurance adjuster views an unrepresented party as an opportunity to settle a claim below its full value. Someone who is not an attorney, specifically an attorney who has spent years practicing workers’ compensation law, doesn’t know the ins and outs of the law and likely doesn’t know how to or have the adequate experience to know what the true value of their claim is. It takes an attorney years of practicing to know how to get full value for a claim. Statistics show that insurers pay out 2.7 times more on claims when there is an attorney involved. So, if you crunch the numbers and do the math, you are going to put more money in your pocket when an attorney represents you.

2) Whether You Are Represented by An Experienced Attorney

            Insurance companies will also look at who the attorney is on the claim. Not all attorneys are created equal. An attorney who doesn’t have a track record and representation of trying workers’ compensation claims before the South Carolina Workers’ Compensation Commission are at a disadvantage compared to an attorney with a track record of good results. Insurance companies to keep databases of attorney’s and track their reputation on handling claims. So, you not only need an attorney on your side but you need an experienced attorney on your side.

3) Whether You Have Ever Had Any Preexisting Claims Or Injuries

            Insurance companies have an abundance of resources to fully investigate claimants and their background. Part of this investigation is searching national databases and software applications that allows them to determine if you have ever filed any prior workers’ compensation claims or suffered any prior on-the-job injuries. If insurance companies find that a claimant has an extensive history of filing worker’s compensation claims with prior employers’, they will use this information to their advantage in attaching the claimant’s credibility or, possibly, the entire compensability of the claim.

4) Your Character Evidence

            Another part of the insurance company’s investigation involves researching your general background information and history. This includes your criminal record, prior medical history, prior work history including any terminations, prior insurance claims, family history, social media accounts, driving record, etc. Any negative information that the insurance company finds will be used as leverage to the their advantage in attaching a claimant’s credibility.

5) Desperation and Delay

            If an insurance adjuster senses that a claimant is in desperate need of money they will strategically offer an initial low amount in hopes that the injured worker will accept the quick offer. In the event this offer is denied, the next step by the adjuster is to delay any additional offer in hopes that the claimant becomes desperate to settle over time.  An attorney may be able to help you secure additional means of income if you are unable to work while your claim is being litigated.

6) Sending You To Favorable Doctors

            Under South Carolina law, your employer has the right to control your medical treatment during the course of a workers’ compensation claim. This means that your employer, or more accurately their workers’ compensation insurance carrier, has the right to choose what doctor they will send you to for treatment. The overall value of your claim will largely depend on your doctor’s opinions. Specifically, what type of work restrictions your doctor places you on, what type of future medical treatment they recommend and any actually impairment rating they assign as a result of your injury. Insurance companies know who the most conservative physicians in your area are, and often use the same doctors to send workers’ compensation patients to in hopes of receiving favorable opinions. These physicians may assign lower rating favorable to the insurance company’s position. An experienced worker’s compensation attorney can help control your medical treatment, help you secure a second opinion from a different doctor and even send you for an independent medical exam with a doctor of your choosing.

7) Surveillance

            Insurance companies will do a thorough investigation into your claim, especially if they believe you are untruthful or exacerbating your injuries. This will include searching and canvassing any social media accounts you or any relatives might have to find any information to use against you. This will also include hiring private investigators to follow you and conduct videotaped surveillance. The goal is to try to catch you performing acts that are inconsistent with you medical treatment and your explanation of the severity of your injuries.            

8) Light Duty Accommodations

            If your doctor places you on light duty work restrictions and your employer has work within your restrictions, you will have no choice but to perform the work that is offered. However, often times employers will develop new positions for claimants just to have them show up to work so that they can avoid paying wage benefits. This can include simply having a claimant sit at a desk all day and review documents or even finding a job with a completely different employer who might have work within your restrictions. Again, if your employer provides work within your restrictions you will need to work, but you still need to ensure you are receiving your same pre-injury rate of pay and wages.

9) Requesting An Employment Resignation

            Insurance adjusters will often times try to convince an injured claimant in resigning from their job in order for them to settle their claim. There is no law in South Carolina that requires an injured worker to resign from their job in order to settle their workers’ compensation claim. With that said, there are times when a claimant is assigned permanent work restrictions and might not be able to continue in their previous position. In this instance, an employee resignation might be moot. However, you need to make sure you are aware of what rights you are waiving before signing any documents. An experienced workers’ compensation attorney can help you with these issues.

10) Forcing You To A Hearing

            In the event you cannot reach a settlement with the adjuster, they will often file a claim for a hearing with the South Carolina Workers’ Compensation Commission to ask a Commissioner to decide what is owed. The adjuster will then send the file to an attorney who will appear on behalf of the insurance company to represent their position at the hearing. This will require the claimant to either proceed to the hearing and represent himself or herself against an attorney (an obvious disadvantage), or require them to hire an attorney who will appear at the hearing on their behalf.

Speak with An Experienced Workers’ Compensation Attorney

            If you have been injured on the job and are seeking a workers’ compensation attorney in Charleston, SC, please feel free to contact the Law Office of Jared C. Williams, LLC at (843) 991-6528 to speak with our attorney about your claim. We are always happy to see if we can help with any issues you might have.

            The reason for repeal is because the South Carolina workers’ compensation system is designed to be a no fault system. This means that regardless of whether an accident was the result of unintended or incidental events or the result of an actual violation of a work safety rule, an employee is still permitted to pursue workers’ compensation benefits. The fault of the injured worker has no bearing on the right to recovery. One particular instance of this was seen in Gray v. Club Group, Ltd., where an injured worker was killed in an automobile accident during the course and scope of his employment. 339 S.C. 173, 528 S.E.2d 435 (Ct. App. 2000). The evidence showed that the employee was traveling at an excessive rate of speed when the accident occurred. As a result, the employer tried to deny payment of workers’ compensation benefits based on the employee’s own conduct contributing to the accident. Ultimately, the South Carolina Court of Appeals held that the employee’s own “willful misconduct” must not preclude her from receipt of benefits. Allowing an employer to assert such a defense would be in direct contrast to the legislature’s intent to design the workers’ comp laws to create a no fault system. 

            With that said, the South Carolina workers’ compensation laws do provide employers a defense to deny a claim of putting your house in a trust where the injury is caused by intoxication of the employee or the willful intention of the employee to injure or kill himself. S.C. Code Ann. § 42-9-60. Thus, the distinction must be made between the employee’s willful misconduct and must rise to the level of willful intent. Notably, in Zeigler v. South Carolina Law Enforcement Division, the South Carolina Supreme Court stated that the “willful intent” defense “finds application only in those cases where it is shown the acts of the employee are so serious and aggravated as to evidence a willful intent to injure.” 250 S.C. at 329, 157 S.E.2d at 599.

            So, regardless of whether you were injured at work through no fault of your own or through your own inattention, you may still be entitled to workers’ compensation benefits in South Carolina. This would include potential compensation for medical treatment, wage benefits for lost time and compensation for any resulting permanent impairment. If your employer or their workers’ compensation carrier has tried to deny you workers compensation benefits in South Carolina on the grounds that you contributed in any way to your workplace accident, please feel free to contact the Law Office of Jared C. Williams, LLC at (843) 991-6528 to speak with our workers’ compensation attorney here in Charleston, SC. We are always happy to see if we can help. 

How The Technology Works

            From what I’ve gathered, it appears that there is an App drivers can download that is able to track how a phone is being used while driving. The technology is described to use the smartphone’s accelerometer and gyroscope to sense whether the device is moving – i.e., in the driver’s hand – or whether the device is lying flat on a surface. It can also tell whether the phone is being unlocked and apps are being opened, signaling that the phone is in use.

            It does appear that there are ways to minimize the likelihood that the App will think you are distracted, or that your phone is actually in use. Arity recommends that drivers put their phone in airplane mode while driving. It was also stated that the software is not likely to identify a driver as distracted if the phone is mounted in a cradle and not moving.

What The Research Shows

            Allstate used research conducted by Cambridge Mobile Telematics (CMT), which is known as the leading smart phone-centric telemetric provider, to document distracted driving. In the course of their research, they compiled data from several hundreds of thousand of drivers. The results of the study concluded:

• Distracted driving occurred during fifty-two percent of all trips that resulted in a car accident;
• For drivers that involved a car wreck, the average duration of distraction was 135 seconds;
• Phone distractions lasts for two minutes or more for twenty percent of distracted drivers and often occurs at high speeds, twenty-nine percent of speeds that exceeded fifty-six miles per hour;
• The worst ten percent of distracted drivers were 2.3 times more likely to be in a car accident than the average driver, and 5.8 times more likely than the best ten percent of distracted drivers

The Reason For The Technology

            According to the National Safety Counsel (NSC), the number of traffic fatalities in the United States has increased by fifteen percent since 2015. This is documented to be the largest in a two-year increase in the past five decades. Despite the fact that thirty-seven states, including South Carolina, now have laws banning cell phone use while driving, these statistics are supporting the fact that anti-phone laws are only marginally effective in decreasing distracted driving. Phone use while driving has shown to increase significantly in recent years, especially among teen drivers. The Insurance Institute For Highway Safety has reported that eleven teens die every day as a result of texting while driving. Research has also proven that states with no laws against distracted driving have only a marginal effect on drivers actual cell phone use.

            Due to the increase in distracted driving, which has resulted in the overall increase in the number of traffic accidents, automobile insurance companies have experienced record losses in recent years. Allstate has noted that distracted drivers cost insurance companies 160% more than the least distracted drivers. This has motivated insurance companies to take action and find a way to either punish or reward distracted drivers. Ironically, the source of the problem may also be the solution – your smart phone itself.

Is This Realistic?

            Arity’s CEO, Gary Hallgreen, believes that car insurers will commonly use smartphone date in the coming years. In fact, he goes so far as to say that insurance companies who don’t use this type of technology likely lose their best drivers to other companies who are able to offer a discount for least distracted drivers. However, before this becomes a reality, Arity will need regulatory approval from state insurance offices. Also, car insurance companies such as Allstate won't be able to use the technology without drivers agreeing to it. Simply put, it will likely be up to the driver to download the App and use it at her own choosing.

            As a personal injury lawyer who readily handles auto accident claims, I can tell you that distracted driving is a very real and common problem on South Carolina roadways. It has been practically a routine practice for me to subpoena the at-fault driver’s cellphone records during any auto accident claim I handle due to the high probability that distracted driving may have played a vital role in the accident.

            While I find it ironic that insurance companies are pitching this technology as a way to reduce distracted driving, I do think that this could be a by-product of such technology. Knowing how insurance companies work, I know that this technology is a way to punish distracted drivers with higher auto rates, which will allow insurance companies to collect higher premiums and maximize profits. Since the technology is only used when a driver chooses to actually download the App and use it, I don’t believe those drivers who are actually prone to distracted driving would choose to do so. It will be interesting to see how insurance companies choose to use this technology to either punish distracted drivers or reward those who actually choose to use the technology.

            If you have absolutely any questions about choosing the proper automobile insurance or questions about your rates, please feel free to contact the Law Office of Jared C. Williams, LLC at (843) 991-6528 and speak with our accident lawyers about your rates. 

            With that being said, while snow can be a very enjoyable experience, it also comes with its dangers that should not be ignored. Of vast importance is the danger of driving during these conditions. Mount Pleasant alone reported more than 60 accidents during the winter storm this past week. It has also been reported that at least one pedestrian in the Charleston area was killed on the morning of January 5^th after being hit by a car. The driver, seventeen year old Bryan Mejia, was charged with driving too fast for conditions. It has also been reported that a seventeen year old, Brandon Peacock, passed away over the weekend in Dorchester County after suffering injuries while being pulled on the hood of a car behind an all-terrain vehicle.

            From a legal standpoint, pursing compensation for injuries that were the result of an accident in icy conditions can cause some additional legal issues. Specifically, depending on the type of accident, it is often difficult to determine what insurance might be available, if any. Moreover, insurance companies often deny claims that occurred in inclement weather, particularly the snowy and icy conditions we experienced, based on the grounds that their policy does not cover such conditions or based on the grounds that anyone on the road should have observed and known a dangerous condition was present. In legal terms, defenses such as “assumption of the risk” and “comparative negligence” are often hurtles one might have to overcome in receiving compensation from these accidents.

The risk between bicyclists and drivers on our roadways is an ever-increasing risk around the Charleston area. The personal injury attorneys at the Law Office of Jared C. Williams, LLC, understand how devastating it is to lose a loved one or friend in a car accident. Our thoughts and prayers are with Mr. Owens, his family, along with the driver of the Suburban and her family as well. 

Protect Yourself on South Carolina’s Roadways

As drivers on South Carolina roadways we owe each other a duty to be safe and operate our vehicles in a reasonable manner. Although preventing any and all accidents is not realistic, there are certain things we can all be mindful of to minimize the number of car accidents and traffic fatalities on the road. First, we should always wear seatbelt. Out of the nine-hundred seventy-five (975) fatalities in 2016, three-hundred twenty-two (322) of those were noted not to be wearing a seatbelt. Wearing a seatbelt at all times is the single most important thing you can actively do to protect yourself while riding in a vehicle.

It is also known that no one should ever drink and drive. In this day and age of taxis and Uber, there is no excuse for drinking and getting behind the wheel of a vehicle. Studies have shown that driving with a blood-alcohol content of .05%, still within the legal limit, doubles your risk of being involved in an automobile accident. Likewise, we should also make conscious efforts to minimize distractions while driving. Recent studies are now showing that texting while driving can be even more dangerous than drinking and driving.

Bringing Awareness to South Carolina Residents

The awareness of traffic fatalities has increased with the recent establishment of South Carolina’s Target Zero Program. We have likely all seen the television commercials and roadway signs constantly updating drivers on traffic fatalities. Bringing awareness to the dangers of traffic fatalities is the first step in minimizing deaths on South Carolina’s roadways. The problem with a traffic fatality is that it’s one of those things in life where nobody believes it can happen to them until it is too late. Unfortunately, accidents will always happen but we each to make an effort to do our part to limit the likelihood of them happening.

As a wrongful death attorney representing families of people who have been killed on South Carolina’s roadways, I believe that a certain part of my job is to bring awareness to these situations. Whether it’s by writing or speaking to people about the dangers of traffic accidents, or trying cases and letting verdicts speak throughout our community. For example, I believe that a jury verdict against a drunk driver can be a deterrence to other members of the public not to drink and drive. We all know about the criminal consequences for drinking and driving, but the more that people understand there may be civil consequences for drinking and driving or driving while texting will go a long way to deter people’s willingness to do so and make our roadways safer for all.

Get Help from a South Carolina Auto Accident Attorney

            If someone in your family has been killed in an automobile accident, I would strongly urge you to seek advice from an experienced car accident attorney about your loved one’s claim. Dealing with the lost of a loved one is one of the hardest things a family can ever go through. The last thing you need to be doing is dealing with an insurance adjuster contacting you trying to get information or statements about the accident. I am happy to speak with you if you have any legal questions about a possible claim or need any help navigating the legal system to prosecute your loved one’s claim. 

One of the biggest things I look for before I agree to take on a new client is whether the person is hiring an attorney for the right reasons. It’s not a direct question I ask potential clients, it’s just a vibe and feel I get after meeting with someone and discussing their claim. Unfortunately, many people these days seek the help of a personal injury lawyer thinking it is a way to access quick and easy money. That simply is not the case. In a very general sense, the law is intended to make you whole again and nothing more.  A personal injury claim is not a get-rich-quick scheme that anyone should be looking to cash in on.

Most people with this opinion is due to lawyer advertising proclaiming large monetary payouts for clients.  What you don’t see in those advertisements is what that person’s injuries were, what type of medical treatment they needed and received and what type of long-term financial support they may need. What I can tell you is that if you hear about a personal injury settlement with significant monetary compensation involved, that person has been seriously injured. When you hear of a million dollar or multi-million dollar settlement, that person’s injuries likely resulted in death or some type of life-altering condition or disability. There simply is no such thing as easy money or “jackpot justice” in a personal injury claim and it should not be viewed as a means to get rich.

2) Litigating A Personal Injury Case Can Be A Long And Frustrating Process

Although some simpler cases such as auto accidents or a slip and fall can be settled fairly quickly and often times prior to filing a lawsuit, most personal injury cases are very complex situations that involve extensive litigation. Things move very slowly in the litigation process. There is discovery that must be completed. There are depositions that must be taken. There is evidence that must be gathered and exchanged. There is mediation that must take place. Eventually, assuming there is no resolution prior to, there is finally a trial.

Often times the litigation system is comprised of many “hurry up and wait” scenarios. Meaning, once something is done, you are waiting on a response from a third-party before you can move onto the next step. Likewise, the court system is generally overcrowded and scheduling hearings and trials usually take very long times to be heard. It is quite normal for most clients going through the litigation process to get frustrated and discouraged at some point in the process. It at these times that you need your lawyer’s reassurance and guidance that your day for justice will be heard.

3) There Is Always A Certain Degree Of Risk And Unknown Involved

A “slam dunk” case is very rare. When you do get those types of cases, they are the ones that usually settle prior to filing a lawsuit. Once a lawsuit is filed, that inevitably means there are some issues in dispute. The initial litigation process is designed to gather and obtain evidence. The truth is, prior to gathering and obtaining all the necessary evidence in a case, there really is a certain amount of risk and unknown about what the final outcome may be.

Likewise, there is no set blueprint for how a personal injury claim will go and there is no formulaic approach on valuing personal injury claims. Each claim is different depending on the individual facts and scenarios. One simple fact discovered in the litigation process could bring about an adequate legal defense that could dismiss the claim in a blink of an eye. I always describe litigating a case like building a house of cards – it is a very fragile and slow process that could all come crashing down with one wrong move.

4) Lawyer Advertising Can Be Misleading

Shocker, I know! One of the most important decisions you will make in your injury case is which lawyer to hire. You should not simply call the first attorney you see on television and expect to be happy with that Rochester Hills trust lawyer services. I always advise people to do their due diligence when hiring an attorney. Research the lawyer either through their website or independent resources. Review client testimonials and past case results. Meet with several lawyers in-person to get a feel for their personality and who they are.

Many people think that a lawyer should have a certain personality or demeanor in order to be successful. You often hear lawyers described as a “pitbull” or “bulldog,” implying that an aggressive personality is necessary to be a good lawyer. Unfortunately, the name of the game is “civil” litigation. It is a civil environment and an attorney must be able to work well with others. Although there is always a time to be aggressive and tenacious, those qualities do not necessarily make the best attorney.

5) Everyone Hates Lawyers Until They Need One

I truly feel for my clients – people who have been seriously harmed by no fault of their own and are facing rising medical bills, often times unable to return to work and provide for their family. On top of that, I also understand that my clients aren’t familiar with the legal system and don’t know what to expect. Or, even worse, they have an expectation about what should happen because that is reasonable or fair in their eyes, but the litigation process simply does not work the way they believe it should.

For example, I always advise client’s to use their medical insurance if they have it. Some clients simply don’t thing this is fair. Trust me, I get it. My job in these situations is to simply advise my clients how the law works, how the process works, and hope to build their trust so that, in the end, it will work out. My job often times involves consulting clients and putting them at ease – truly one of the things I enjoy about representing injured victims. I am motivated by someone placing their trust in me with such an important situation. Most of all, I love when the litigation process comes to a conclusion and clients are satisfied from such a tragic event.

With so many people visiting Charleston on a daily basis, it is inevitable that accidents will happen when traveling and exploring our lovely city. From car and boating accidents to product defects and premises liability accidents, these types of injuries occur even while people are on vacation.  When you have been injured due to the negligence of another person or corporation while on vacation in Charleston, South Carolina, you may be wondering what you should do in regards to hiring legal representation. Should you hire a lawyer back in your home state or should you hire a local attorney here in Charleston, South Carolina?

You Need A Local Personal Injury Lawyer For Your Charleston Injury Claim

If you have been injured in an accident while visiting Charleston, or anywhere else in South Carolina for that matter, your claim will need to be filed in South Carolina and in the county where the accident occurred. Although not convenient for the plaintiff, that is the way the legal system works.  Therefore, when looking for a personal injury lawyer to handle your accident claim, you will need to hire an attorney that is admitted to practice in South Carolina. Only lawyers that are admitted in South Carolina and in good standing with the South Carolina Bar Association are allowed to practice in the state of South Carolina. A South Carolina personal injury lawyer will also be familiar with South Carolina law, the local judges and court system, and likely have a local network of expert witnesses.

Lastly, you will also need to find a lawyer who has the means and technology to handle your case over a long distance. Our law firm can handle your initial consultation over the telephone and we schedule videoconferences for important meetings with our out-of-state clients. While we can handle the initial consultation and most of the litigation process without the client physically coming to the office, if a lawsuit is ultimately filed and prosecuted, you will have to be able to appear for your deposition, attend the mediation, and appear for the trial of your case.

We Help Out-Of-State Residents Who Have Been Injured In Charleston, South Carolina

One option our law firm always considers for out-of-state residents that have been involved in an accident while visiting South Carolina is the possibility of filing your case in federal court.  There are certain jurisdictional requirements that must be met but assuming you and the defendant are residents of different states under the law, and your damages exceed $75,000.00, you have the potential to do so. The benefit of filing your claim in federal court is that it is a much more streamlined process. Federal court requires the parties to enter agreed-upon scheduling orders so that you know specific dates certain events in the litigation process will occur. Federal court also allows you to get a date certain to try your case, meaning you will know well in advance when your day in court will be (as opposed to state court where you are on a rolling docket and may not know until the day before).

Lastly, many attorneys simply prefer to try cases in federal court because there are certain trial tactics and psychological benefits that come into play. In essence, many jurors simply have a preconceived notion that cases are much more “important” when they are litigated in federal court, which can be a benefit to plaintiffs under certain circumstances. An experienced South Carolina personal injury lawyer will be able to explore your options and explain to you in detail what is best for your case.

We want everyone who visits our lovely city to enjoy everything Charleston has to offer. In the unfortunate event that you are the victim of a car accident, boating accident (including cruise ship accidents), defective product, premises liability, or any other type of personal injury accident, the Law Office of Jared C. Williams, LLC, has experience helping out-of-state residents in their time of need. Please feel welcome to contact our office to discuss your options and get a free consultation about your injury case. 

The Arthur Ravenel Bridge: Probably the most popular bicycle path in Charleston is the famous Ravenel Bridge that extends over the Cooper River and connects downtown Charleston to Mount Pleasant. There is plenty of parking provided downtown at the Charleston Visitor’s Center or on the Mount Pleasant side of the bridge at Memorial Waterfront Park and Patriots Point. Bicyclists can continue their ride out to Sullivan’s Island by following the bike path down Coleman Boulevard and down to Ben Sawyer Boulevard.

The West Ashley Greenway (news article): Located in West Ashley, the Greenway is a 8.25 mile paved bike trail that stretches from Windermere Shopping Center on Folly Road and extends out to John’s Island. Most of the trail follows Highway 17 through West Ashley and offers some beautiful scenery of the Lowcountry along the way.

The Daniel Island Trail: The Daniel Island Trail is a bike path located throughout the entire Daniel Island community. There are long stretches along the Cooper River and you can also admire the Family Circle Cup on the way. Although much of the path is not paved, there are extensive stretches that run along Seven Farms Drive and other major roadways on Daniel Island.

Fort Lamar and James Island: Begin at Fort Lamar on Folly Beach and head back towards Folly Road. Take a left on Old Military Road and follow that up to Folly Road. Turn left down towards the Folly Beach. If you desire, you can also take a six-mile out-and-back side trip by turning right at Sol Legare Road. The route borders the marsh for its entirety, passing through a historic Gullah community before opening up onto a vista. Once you are back out on Folly Road, continue to Center Street to Folly Beach. Turn left on Ashley Avenue and ride four miles to gaze across the inlet at Morris Island.

Wadmalaw: Approximately twenty minutes from downtown Charleston, the island of Wadmalaw provides one of the most beautiful sceneries Charleston has to offer. Liberia Road (Highway 68) allows bicyclists to ride a 9.8 mile loop, or continue down Bears Bluff Road another 4.3 miles to White Point Landing and the confluence of the Wadmalaw and Edisto Rivers.

We want to remind and encourage all bikers and motorists to share the roadway and be mindful of each other at all times. One simple mistake between a bicycle and an automobile can have disastrous and lifelong consequences. There is less room for error and forgiveness when accidents arise between a motor vehicle and a bicyclist. These accidents often result in serious injuries to the bicyclist since they are in such a vulnerable and exposed position.

South Carolina has implemented several bike laws in an effort to keep our roadways safe. For example, these laws address where bicyclist are supposed to ride when bike lanes are not present, what happens when vehicles block bike lanes, proper procedures for passing bicyclists, the appropriate distance requirements between bicycles and vehicles, harassment of bicyclist, required lamp and reflector for bicyclists, proper hand signals for turning, and required brakes and other equipments all bicycles must be equipped with. The law even goes so far as to implement various civil fines for both motorists and bicyclists depending on the violation.

If an accident occurs between a motor vehicle and a bicyclist, these laws can often times provide a blueprint for determining which party is liable in causing the accident. If you have been involved in a bicycle accident you should speak with an experienced personal injury lawyer who has the resources and knowledge to fully investigate your accident and determine liability.

If you choose to bike any of Charleston’s roadways or bike trails, we urge you to use extreme caution in operating your bicycle. You should never assume that a driver sees you or is willing to yield to your right of way. In the event that you are injured while riding a bicycle around Charleston, please contact the Law Office of Jared C. Williams, LLC, so that we can investigate your accident and determine the at-fault party of your accident.

Overall, the Council estimates that 38,300 people were killed on roads and 4.4 million were seriously injured nationwide in 2015, making it the deadliest year on record since 2008.  Traffic fatalities are now the fourth-leading cause of death among Americans. Although most people don’t think twice about the dangers associated with the everyday task of driving a car, it is certainly the single deadliest activity that more Americans partake in on a daily basis than any other activity. Since driving is such a routine part of our lives and accidents are bound to happen, it’s important to study the causes for increased accidents in an effort to make our roadways as safe as possible.

Reasons For Increases in Traffic Deaths

The Council cites a stronger and growing economy along with lower unemployment rates as the main reason for increased traffic fatalities on roadways. Presumably, the correlation is that since more Americans are working, there are more Americans driving to and from work each day and the overall potential for more accidents. Another supporting factor for that assertion is that average gas prices decreased by 28% in 2015 from 2014. Lower gas prices would seemingly permit more people to drive each day and increase overall traffic on roadways. In fact, the United States Department of Transportation estimated a 3.5% increase in overall miles driven in 2015 from the previous year.

Although this reasoning seems valid and an easy explanation, I would urge researchers in electricians in Ferndale MI to dig deeper and look at more underlying factors that may also contribute to the increase in traffic fatalities. We know that, overall, there are simply more people on the road each year. However, the overall general population is also increasing so any statistic showing an increase in traffic deaths for a given year needs to be taken into consideration and compared to the overall increase in the general population to give a better understanding of its per capita increase.

It is also well known that distracted driving has become an increasing epidemic in our society. States are constantly passing laws to try to prevent or minimize distracted driving as best they can. For example, in the past few years there have been an increasing number of laws passed to ban texting while driving. Some states are even passing laws banning hand-held use and even entire all cell phone uses when driving.  Currently, South Carolina only has laws banning texting while driving.

Perhaps there is a correlation with this increased hazard and the number of millennials on the road each year that grew up with phones in their hand.  Overall, there are more teenage drivers on the road than ever before. It has been shown that teenagers are three-times more likely to be involved in a car accident than an experienced driver. On the other end of the spectrum, people are also living longer than ever and are driving at later ages in life than ever before. Perhaps there is also a correlation between older aged individuals and the number of accidents senior citizens are involved in. Should states also start to consider a maximum driving age to limit these dangers? Should they require individuals over the age of seventy to retake their driving test every so often? This is all information that, I believe, needs to be studied and scrutinized so that we can take appropriate steps in making our roadways safer.

Tips to Prevent Roadway Deaths

 Although we will never be able to totally prevent all traffic fatalities, I do believe that educating people and understanding the main causes of car accidents can help to make our roadways a little safer. In an attempt to keep each other as safe as possible, we should all remember and encourage the following tasks:

• Make sure all passengers buckle up at all times;
• Make sure infants and small children are adequately restrained in properly tested and approved safety seats;
• Always designate an alcohol and drug-free driver or arrange alternate transportation if needed;
• Get plenty of sleep and take regular breaks on long trips to avoid fatigue;
• Never use a cell phone behind the wheel, even hands-free devices are distracting to the driver; 
• Stay engaged and pay attention to your teenager's driving habits and enforce no cell phone policies when driving; 
• Get routine maintenance and check ups on your vehicle to assure all parts are working properly;
• If possible, try to avoid driving in extremely hazardous weather. Make sure windshield wipers and lights are properly working for times you do have to drive in poor weather. Always use extreme caution in hazardous conditions;
• Learn about your vehicle's safety systems and how to use them. My Car Does What can help drivers understand features such as adaptive cruise control, blind spot warning systems and back up cameras. 

I believe we all owe a duty to each other to do our part to operate our vehicles safely and help prevent accidents. Although accidents will always happen, its important to understand the leading causes of traffic fatalities in hopes that we can work towards making our roadways safer for everyone. 

Sources:

National Safety Counsel 

National Conference of State Legislatures

MyCarDoesWhat.org