Carolina Accident Lawyers

Four-Vehicle Crash with Multiple Fatalities in South Carolina

Four-Vehicle Crash with Multiple Fatalities in South Carolina

Four-Vehicle Crash with Multiple Fatalities in South Carolina

Fort Mill, SC Lawyer

According to a news report, four individuals were killed in a multi-vehicle crash in Lexington, South Carolina. Preliminary investigations revealed that the accidents began when a pickup truck crossed the center line and side-swiped the first vehicle, which was a Ford van. The van apparently spun out of control and collided with the second vehicle, a GMC SUV. The pickup truck continued down the road and ran into another a Ford Sport, which caught fire. The driver and two passengers of the Sport were killed, along with the driver of the pickup truck.

Multi-Vehicle Accidents

Determining who was at fault is the most pressing issue in multi-vehicle accidents. Although chain reaction may have started with a single driver’s negligence, other drivers may have also failed to exercise the requisite duty of care. There are different situations that could arise involving multiple vehicles – one car could be rear-ended and that impact could cause it to hit the car in front and therefore cause a chain reaction of several rear-ended vehicles. Another situation may be two cars colliding and, subsequently, creating a hazard that other vehicles cannot avoid. Similar to the accident described above, a car could cross over a center line and crash into a vehicle, causing that vehicle to hit oncoming traffic or vehicles in other lanes.

The existence of other risk factors makes the determination of who is liable even more complex. For example, adverse weather conditions may contribute to the risk of a crash, and makes it more likely for other vehicles to not see or not be able to stop in time. Additionally, these types of collisions are even more deadly that two-vehicle accidents. Each vehicle that becomes involved means a greater likelihood of catastrophic injury.

Comparative Liability

Because there are multiple parties involved, it can be incredibly difficult to determine exactly who was responsible for causing the accident. The stakes are often high, because the insurance payouts involve multiple vehicles. Investigators have to determine the negligent act and whether there was more than one negligent driver.

South Carolina follows the rule of comparative negligence, which attempt to compensate injured individuals for damages even if he or she were partially at fault. With this rule, injured persons are required to show that the other driver was more than 50% at fault for the accident. If so, then they will be required to compensate the injured parties for their percentage of liability. With the fact-intensive nature of this inquiry into percentage of fault, all factors come into play, including weather conditions, road hazards, other drivers, other vehicles, and the existence of any mitigating factors. Other states follow the contributory negligence rule, which bars anyone who has any fault from receiving compensation.
Multi-vehicle crashes are dangerous accidents that often cause serious injury or even death. Seeking compensation for injuries incurred in a multi-vehicle crash can be a difficult process that requires extensive investigation and analysis. If you or a loved one has been injured in a multi-vehicle accident, the attorneys at Bice Law, LLC can help you pursue your case to recover damages for your injuries. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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NHTSA Proposes Stronger Truck Guards to Reduce Rear-impact Deaths

NHTSA Proposes Stronger Truck Guards to Reduce Rear-impact Deaths

After receiving petitions from the Insurance Institute for Highway Safety, the Truck Safety Coalition, the National Transportation Safety Board, and from a North Carolina mother who lost two daughters in a 2013 truck crash, the National Highway Traffic Safety Administration (NHTSA) proposed that trucking companies be required to install stronger guards on their trailers to reduce deaths caused when cars rear-end tractor trailers. According to the NHTSA, the stronger guards will prevent between and three serious injuries and one fatality a year.

Rear-Impact Truck Accidents

For decades, tractor-trailers have installed underride guards that hang down from the back ends of box trailers. These guards are currently built to protect passengers in crashes of up to 30 miles per hour. According to NHTSA, increasing its rating to be able to protect passengers in crashes of up to 35 miles per hour can significantly reduce the risk of death or injury to vehicle occupants in the event of a crash into the rear of a tractor-trailer.

In the event that a car rear-ends a tractor-trailer, it can go under the truck and cause severe head damage or even decapitation. One of the advocates of the new standard, Marianne Karth from Rocky Mountain, North Carolina, was involved in a truck accident in May 2013 when she was driving in heavy rain with three of her children. A tractor-trailer rear-ended her car and hurled it under another truck. That truck’s underride guard failed so her car went right under it, instantly killing her 17-year old daughter. Her 13-year old daughter died a few days later. NHTSA estimates that there are about 400 deaths from cars colliding with the backs of trucks each year,  with about 125 of them resulting from severe injuries from objects intruding into the passenger compartments.

Most Trucks are Already Compliant

NHTSA estimates that the trucking industry would need to spend a total of $13 million to meet the new trailer standards, and that about 93% of the tractor-trailers currently sold in the U.S. are already compliant. The American Trucking Associations has stated that underride guards envisioned by NHTSA in its proposal have already been manufactured and in use in the U.S. for some time.

In 2001, the Insurance Institute for Highway Safety conducted crash tests on trucks compliant with the current standards, and the underride guards in those tests buckled or broke, and trailers often broke through the windshields. The current federal standard is based on Canadian regulations and, therefore, many manufacturers are already designing stronger guards.  

Tractor-trailer crashes are dangerous accidents that often cause serious injury or even death. Seeking compensation for injuries incurred in a tractor-trailer crash, or for wrongful death, can be an onerous process that requires extensive expertise, investigation, and analysis. If you or a loved one has been injured in a multi-vehicle accident, the attorneys at Bice Law, LLC can help you pursue your case to recover damages for your injuries. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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FMCSA’s Collision Fatalities Study Finds Trucks and Buses “Overrepresented”

FMCSA’s Collision Fatalities Study Finds Trucks and Buses “Overrepresented”

Fort Mill, SC Lawyer

In early November, the Federal Motor Carrier Safety Administration (FMCSA) conducted a webinar discussing its findings from its latest collision fatalities study. The webinar is part of the U.S. Department of Transportation’s Mayor’s Challenge for Safer People and Safer Streets, which calls on city leaders to advance roadway safety for bicyclists and pedestrians. FMCSA’s study analyzes the details surrounding crash fatalities to help inform cities working to make roadways safer.

Upward Trend for Truck Crashes

FMCSA’s study, which looks at data up through 2013, reveals that commercial vehicles are overrepresented in the total number of crashes. Heavy trucks and buses are involved in about 4% of registered vehicles and 9% of total miles driven, but were involved in 13% of accidents and 13% of overall traffic fatalities. According to data compiled by the National Highway Traffic Safety Administration (NHTSA), 3,806 crashes in 2013 across the United States involving a large truck or bus killed 4,251 people. Of those fatalities, only 739 deaths, or 17%, were occupants of the truck or bus involved. However, 3,512 of the crash fatalities were people in passenger vehicles or motorcyclists, including 338 pedestrians and 78 bicyclists. Additionally, FMCSA Chief Safety Officer Jack Van Steenburg indicated that crashes with fatalities were concentrated in ten states, including North Carolina, and account for 50% of the fatal crashes in the country.

In the aggregate, there was a 30% increase in pedestrian fatalities in large truck crashes from 2009 to 2013, and a 39% increase in bicyclist fatalities in large truck crashes over the same period. Truck drivers were also cited as being distracted or inattentive in over 14% of the fatal crashes.

Inattentive Driving

Inattentive driving, which may involve reading, talking on the phone, or fatigue, ranks first in a list of 26 unsafe driving acts in North Carolina, ahead of merging improperly into traffic, failure to stop for a stop sign or light, failure to slow down in a construction zone, unsafe speed, and following too closely. Distractions include anything that takes a driver’s eyes off the road (visual), the mind off the road (cognitive), or a driver’s hands off the wheel (manual distraction).  In a recent study by NHTSA, 65% of truck drivers surveyed agreed that distraction was a current problem for commercial truck drivers. Access to technology was one of the main concerns found, and the increasing variety and availability of in-cab technologies was believed to contribute to driving distractions.

An inattentive commercial truck driver can cause dangerous accidents that often cause serious injury or even death if he or she becomes involved in a crash. Filing suit in court for compensation for injuries incurred in a tractor-trailer crash or for wrongful death requires careful investigation and a thorough understanding of the law. If you or a loved one has been injured in a truck accident, the attorneys at Bice Law, LLC can help you pursue your case to recover damages for your injuries. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

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Fatal Dump Truck Crash in North Carolina

Fatal Dump Truck Crash in North Carolina

Charlotte, NC Personal Injury Lawyer

According to a news report, a dump truck overturned onto a vehicle in Wake County, killing its driver. The North Carolina State Highway Patrol indicated that the vehicle, a red Nissan sedan, crossed the center line of the road as the dump truck was running in the opposite direction. The dump truck driver apparently saw the vehicle move into his lane and attempted to make an evasive maneuver to avoid hitting the other vehicle head-on. However, the red sedan sideswiped the dump truck, which swerved as its driver overcorrected and caused the truck to overturn. At that time, another vehicle was traveling in the same lane as the dump truck and was crushed when the truck overturned, resulting in the driver’s death.

Common Causes of Large Truck Rollovers

The risk of a large truck rolling over is much higher as compared to a normal vehicle. The weight and size of a commercial truck requires drivers to have the requisite alertness and ability to respond appropriately to hazardous driving conditions – otherwise, fatal rollovers can occur.

Rollover accidents can occur due to a variety of reasons:

  • Failure to reduce speed at a curve;
  • Distracted or fatigued driving;
  • Underestimating the height and weight of a truck;
  • Improperly-balanced cargo;
  • A variety of control errors such as oversteering, understeering, and over-correcting for errors; or
  • Lack of necessary truck maintenance.

According to a study of truck rollovers, speed remains the biggest contributor to rollover crashes. Rollovers take place when a truck’s front wheels are turning the truck at a rate that is faster than the cargo that it is carrying – therefore, the faster the truck’s speed, the greater the difference. This is why speed is a major contributing factor.

In this case, the police reported that the dump truck driver overcorrected, which occurs when a driver turns too much in one direction followed by corrective turns that exceed the stability of the truck. The same effect occurs when a truck travels at a curve at very high speeds. Other possible control errors include oversteering during lane changes, maintaining inadequate following distances, or reckless maneuvering.

Liability in Large Truck Rollover Accidents

When a commercial truck rolls over and causes injuries, the injured parties may be able to obtain compensation if they can show that either the driver, the trucking company, or a third-party truck maintenance contractor was negligent. If the accident was caused by distracted or fatigued driving, excessive speed, or control errors, then injured parties may be able to recover for injuries from the driver. However, if the accident involved conditions such as poor maintenance, an improperly-loaded or overweight truck, or truck company policies that forced drivers to take risks, then injured parties may be able to obtain compensation from the trucking company, a third-party maintenance contractor, or a loading/unloading contractor.

If you find yourself in an accident with a commercial truck, you should seek the counsel of a seasoned personal injury attorney who has expertise in commercial truck accident cases. The experienced personal injury attorneys at Bice Law, LLC can help you craft the best strategy for obtaining compensation. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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FAQs: Filing a Workers’ Compensation Claim in South Carolina

FAQs: Filing a Workers’ Compensation Claim in South Carolina

Rock Hill, SC Personal Injury Lawyer

In South Carolina, workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees that are injured while on the job. In exchange for these benefits, the employee gives up his or her right to sue their employer in negligence. Employees who are injured while working in South Carolina or develop an illness as a result of their working environment are eligible to collect benefits under the state’s workers’ compensation system.

What body of law governs workers’ compensation in South Carolina?

The South Carolina Workers’ Compensation Commission has been granted statutory authority to create and administer the state’s workers’ compensation regulations. The Commission decides the procedure to be followed in order to file a claim and to achieve a hearing. Visit their website for more information.

Who will pay my workers’ compensation benefits?

Any employer in South Carolina with more than with employees must purchase workers’ compensation insurance from a licensed insurance company.  The insurance company will then pay you on behalf of your employer.

How do I file a claim?

Usually, an employer requires you to inform them directly after you have been injured on the job or develop an illness.  You must give your employer notice of the injury within 90 days or risk losing your right to any benefits. The employer is then required to fill out a First Report of Injury form and file it with the Commission.

What if my employer refuses to report the accident to the Commission?

If your employer does not report the accident to the Commission, you will need to file a claim with the Commission yourself. You will need to fill out an Employee’s Notice of Claim form and pay a $25.00 fee in order to file the notice. You have two years in which to file your claim.

What type of medical care am I entitled to?

You are entitled to medical care for all reasonable work-related injuries or illnesses. All necessary treatments will be paid for by your employer’s workers’ compensation policy. However, in South Carolina, your employer and their insurance carrier have the right to choose what doctor you are treated by. You may not be able to see your own doctor. If you choose to see your own doctor, your treatments will not be paid for under the workers’ compensation program.

Can I collect benefits for punitive damages?

Punitive damages are often awarded in negligence cases to compensate for things like pain and suffering. Under a workers’ compensation claim you are not entitled to punitive damages. When you file a workers’ compensation claim you are giving up your right to sue your employer for negligence and thus may not collect punitive damages.

How will I be compensated for my lost wages?

If you are unable to work because of a work-related injury or illness, you will be paid the wages you would have earned while you recover. You will receive 66 2/3% of your average weekly wages and this will continue until your doctor “releases” you, or approves your going back to work.

Workers’ compensation insurance exists in order to provide for both you and your family after you are injured on the job.  The process is complex and time consuming, especially at a time when you are not feeling your best. If you have been hurt on the job, contact the personal injury attorneys at Bice Law today. Your consultation with one of our skilled attorneys is free and will help to get you on the road to recovery.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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Car Accidents and North Carolina’s Good Samaritan Law

Car Accidents and North Carolina’s Good Samaritan Law

Charlotte, NC Personal Injury Lawyer

It is a situation no one wishes to ever be placed in. You witness a car accident. You can see that there are victims in need of immediate help.  Everyone wants to say that they would jump right in and assist the victims in anyway possible. And if you do – can the victims sue you later if your help actually causes him or her further injury? What if a victim dies because of help you administered?

It is a worst case scenario that unfortunately plays out in North Carolina and states around the nation each year – good Samaritans caught between what they know is right and protecting themselves from a potential lawsuit.

What are Good Samaritan Laws?

Generally, good Samaritan laws protect the average person who sees someone in need and extends help. A person, or “good Samaritan” who steps in to aid is shielded from liability because of they help they administer. Unless, the “good Samaritan” is completely negligent in helping, no lawsuit may be filed against the Samaritan. Good Samaritan laws are often invoked in the context of car accidents.  If you attempt to aid a victim of a car accident, you are generally protected from any lawsuit based on the care you give. In the United States there is no general duty to rescue someone in need. Further, the victim of an accident cannot sue a person who passed by the accident and did nothing to help. However, as a matter of public policy, state legislature would like to encourage citizens to help one another, and thus have written good Samaritan laws. Each state and the District of Columbia has a version of a good Samaritan law codified within their state statutes.  The laws vary greatly from state to state so it is important to know the law of the land in your particular state.

What is the law in North Carolina?

North Carolina’s Good Samaritan Act statute protects a Samaritan from liability for civil damages if that person acted without compensation and in good faith.  The statute also states that the Samaritan must have acted voluntarily; it must also have been reasonably apparent under the circumstances that prompt actions and decisions were necessary and that any delay of treatment would have caused even more harm.

How to Safely Help After a Car Accident

If you do see a car accident occur while you are driving, what can you safely do to help the victims?

  1. Park your car a safe distance away from the scene: Do not park too close to the accident or block emergency vehicles access to the victims. Turn on your bright headlights to signal to emergency responders that they are nearing the scene.
  2. Check on the victims: From a safe distance at first, determine how critical the accident was, the number and severity of the injuries, and if you can safely provide further assistance.
  3. Call 911: You are being the most help by calling authorities and alerting the proper medical professional of the accident.

Car accidents and personal injuries occur every day on the roads.  If you need more information on the good Samaritan laws or were the victim of a personal injury, the experienced personal injury attorneys at Bice Law, LLC can provide you with excellent legal information. Contact our office now to schedule an appointment with one of our seasoned professional.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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South Carolina Supreme Court Reinstates Verdict Against Ford

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South Carolina Supreme Court Reinstates Verdict Against Ford

Charlotte, NC Personal Injury Lawyer

Earlier this month, the South Carolina Supreme Court reinstated a $900,000 award of damages in a wrongful death suit involving a defect in a Ford pickup truck. The initial lawsuit claimed that an off-duty sheriff was driving the truck in question when a teen pulled out in front and the driver swerved to try to avoid a collision. However, the collision occurred and the crash caused the driver-side door of the pickup truck to swing open. The crash caused the sheriff to be ejected from the vehicle through the door and caused his death.

Trial Verdict and Award

The deceased sheriff’s family filed a wrongful death suit, alleging that Ford, the vehicle manufacturer, was liable for the defective design of the door latch system of the truck. Because of the defect, the door opened upon impact and allowed the deceased sheriff’s ejection, causing his death. The suit went to trial, and the jury returned a verdict in the amount of $300,000 in actual damages but declined to award any punitive damages although it found clear and convincing evidence of willful, wanton, or reckless conduct on Ford’s part special info. Under a South Carolina statute, punitive damages may be awarded if the plaintiff proves by clear and convincing evidence that the harm was the result of the defendant’s willful, wanton, or reckless conduct.

In South Carolina, a party can ask a court for a new trial challenging that the verdict is either excessive or inadequate, and trial judges have to distinguish between awards that are merely unduly liberal or conservative and awards that are capricious or prejudicial. Here, the plaintiff asked for a new trial because the verdict was inadequate, and the trial judge granted an additional $600,000 in damages. The trial judge considered testimony and evidence showing the damages suffered by the family. Ford appealed, and the court of appeals set aside the new award and reinstated the original verdict. However, the South Carolina Supreme Court agreed with the trial court’s additional award of damages and reversed the court of appeals’ decision.

Damages

Under South Carolina law, damages from a wrongful death action may include expenses for care, treatment, and hospitalization, compensation for the victim’s pain and suffering, funeral expenses, monetary benefits that the victim provides to other persons, such as dependents, that may include the net income of the victim, services, protection, care, companionship, and guidance, and punitive damages if the wrongful act that caused the death was malicious, willful, or wanton.

Here, the trial judge stated that the testimony at trial established the deceased individual’s support, both moral and economic, of his family as well as the genuine love, affection, esteem, and regard held by the beneficiaries of his estate. Testimony also established grief, emotional turmoil, and loss suffered by family and non-family members. Therefore, the additional award of damages were warranted.

If damages are awarded, the damages are applied in the following order: first to pay the estate for the expense of pursuing the wrongful death claim, then to pay reasonable attorney’s fees and any outstanding funeral and medical bills, and finally to the decedent’s beneficiaries directly.

If you or a loved one plan to bring a wrongful death suit due to a defectively designed product, the attorneys at Bice Law, LLC can help you navigate the complexities involved in wrongful death cases. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

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Investigations of Deadly Collisions in South Carolina

Investigations of Deadly Collisions in South Carolina

Charlotte, NC Personal Injury Lawyer

According to The State, new technologies employed in investigations of deadly automobile collisions in South Carolina allow far fewer errors, increase efficiency, and allow more thorough investigations. Because departments across the state may not be equipped to investigate accident scenes, the South Carolina Highway Patrol has formed the Multi-Disciplinary Accident Investigation Team, or MAIT, to assist in these cases.

Process of Elimination

The MAIT details each collision site and goes over every detail to determine how the wreck occurred and goes much deeper than a standard crash site investigation. According to the article, it takes longer to rule out possible causes than it does to pinpoint what actually occurred since the team has to rule out things like mechanical problems and natural causes. Investigators compile crash site data and run it through specialized software that reconstructs the layout of the crash in computer animations, which permits investigators to see the sequence of events and where the actual impacts took place.

Some local police forces have, through grants, purchased equipment to be able to do the kind of investigations that the MAIT team conducts without calling on them. The technology provides for accurate investigations that can be performed more quickly, allowing roadways to be normalized much more quickly after a collision.

Forensic Evidence in Crash Lawsuits

Advances in forensics allows investigators to put together a clear picture of what occurred during a car accident. This is crucial for determining if one driver was at fault for ignoring speed limits or driving recklessly because evidence can determine the force of the collision as well as the speed the cars were traveling before and after. Forensic evidence may include measurements of skid marks, debris at the scene, flaws in the road, close-up images of the scene, analysis of the vehicles and the damage they incurred, time-distance calculations, and the collision ratings and braking systems of the vehicles involved. Investigators can also get footage from traffic cameras, store surveillance cameras, and even from private individuals who took videos or photos of the crash through subpoenas.

When initiating a suit after a car crash, attorneys will often rely on experts who will testify regarding the evidence gathered at the scene. These experts are witnesses who, because of their education or profession, have special knowledge that enables them to provide an opinion regarding the accident.

In order to preserve evidence for investigators, individuals involved in car accidents should take certain steps. They should ensure that they get a police report from the responding police officer at the scene of the crash. They should also be able to produce car maintenance records that may either show the crash was not caused by vehicle failure or that, in fact, vehicle failure was a contributing factor in the accident. Medical records and receipts relevant to injuries will also be important for determining damages, as well as work absence and pay records.

If you or a loved one was involved in an automobile collision and are seeking compensation for your injuries, the attorneys at Bice Law, LLC can help you navigate the complexities involved in crash cases that may involve extensive analysis of forensic evidence. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

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Tractor Trailer and Bus Collision in North Carolina

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  Tractor Trailer and Bus Collision in North Carolina
Charlotte, NC Personal Injury Lawyer

According to a news report, a tractor-trailer rear-ended a bus carrying migrant workers near Tarboro, North Carolina, last September. The accident injured twenty-six people, two of whom suffered serious injuries and were flown to Vidant Medical Center in Greenville. According to the authorities, the tractor-trailer was traveling east when it crashed into the rear of the bus, causing the bus to overturn and land in the left freeway lane. Then, the tractor trailer veered onto the right shoulder, straight into an embankment, and rested along a wood line.

                                              Failing to Reduce Speed

Investigators indicated that the driver of the tractor-trailer was driving sixty to sixty-five miles per hour and the bus was traveling at around forty-five miles per hour when the crash occurred. Therefore, the tractor-trailer driver was charged by the police for failing to reduce speed.

According to recent studies, one of the reasons for failure to reduce speed is that a truck may be overweight. An overweight truck has far less maneuverability and may have loss of steering control. A truck’s excess weight can damage its various components and cause serious defects such as tire blowouts and brake failure. Extra weight may cause a truck to jack-knife and roll over if a truck requires to make a sudden stop. Additionally, overweight trucks take longer to brake to a complete stop and are more prone to collisions.

The <a href="http://ops their website.fhwa.dot.gov/Freight/sw/overview/index.htm”>Federal Highway Administration regulates the maximum gross vehicle weight on interstates at 80,000 pounds. According to the Truck Safety Coalition, a group dedicated to increasing truck safety, the chances of a large truck accident resulting in deaths and serious injuries increase with each extra ton of weight over 80,000 pounds, and that  a 100,000-pound truck takes 25% longer to stop than an 80,000-pound truck.

                                                 Licensing Requirements

According to the article, the bus driver will be charged with failing to have a Class B driver’s license, which is required to transport sixteen or more passengers.

Carriers have the duty to take steps to help prevent injury to the driving public by ensuring that its drivers are competent to operate commercial vehicles. If a company that operates commercial motor vehicles knowingly entrusts the use of a vehicle to a person who is incompetent, reckless, irresponsible, or otherwise unqualified to safely operate a commercial vehicle, the company may be held liable if an accident occurs as a result. Companies have an affirmative duty to investigate the drivers that they hire and ensure that they are qualified.

Negligent retention occurs when a commercial motor carrier learns during the course of a driver’s employment that he or she is incompetent but continues to retain the driver and allow him or her to operate a commercial vehicle. Under federal regulations, drivers are disqualified from operating commercial vehicles for driving without a commercial driver’s license. In this case, if the bus driver did indeed fail to possess a commercial driver’s license while driving the bus, the company that operates the bus may be liable for injuries stemming from the accident.

If you or a loved one was involved in truck accident and are seeking compensation for your injuries, the attorneys at Bice Law, LLC can help you navigate the complex issues involved in commercial motor vehicle crashes. Contact us today for a free initial consultation.

                       Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

 

 

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Tractor Trailer Crash Closes Interstate

Tractor Trailer Crash Closes Interstate 40 in Guilford County, NC

Fort Mill, SC Personal Injury Lawyer

A tractor trailer carrying 25,000 pounds of baby formula crashed into a bridge pillar in Guilford County, according to a news report. The crash caused miles of delay and resulted in the closure of I-40 East for several hours. The driver was able to get out of the truck before it was engulfed by flames. The driver, Randall Scott, has been charged with reckless driving. He apparently told highway patrol that he had a medical condition and blacked out before striking the bridge pillar.

Truck Driver Medical Conditions

The health of the driver is one of the many different factors in determining why truck accidents occur. Commercial truck drivers have to meet certain health qualifications in order to obtain and keep a commercial driver’s license and ensure that they are healthy enough for the job. They are required to obtain and maintain a medical examiner’s certificate that provides details about any health conditions they may have, and if they fail to update this certificate every three years, their commercial driver’s licenses may be revoked.

Driving large trucking rigs is a rigorous job that puts a strain on drivers’ health. Some of the health conditions prevalent among long-haul commercial drivers are obesity, diabetes, and high blood pressure. Additionally, obese and diabetic drivers also have a higher chance of hypertension and other vision and hearing issues. This may play a role in determining who is liable for injuries caused by a tractor trailer.

Medical Conditions and Vehicle Accidents

There are certain medical conditions that can affect a person’s ability to safely operate a motor vehicle. These conditions, including diabetes, heart disease, poor eyesight, and seizure disorders, may result in limitations being placed on an individual’s driver’s license depending upon severity. If the impairment is severe, it can be a determining factor when trying to ascertain the liability of an individual who is involved in a vehicle accident.

Generally, if a person knows that he or she has a medical condition that may strike at any time while driving, then he or she may be held negligent if an accident occurs. However, there are preexisting medical conditions that go undiscovered until after the accident. Someone who has never experienced the symptoms of a medical condition might be able to claim the defense of a sudden emergency and be able to mitigate or entirely avoid liability for an accident. This requires extensive medical documentation, and being able to prove it in court often requires a lot of complex evidence and expert testimony.

Drivers are required to exercise reasonable care when getting behind the wheel of a car. This becomes an even greater responsibility with tractor trailers because they can cause severe to fatal injuries if involved in a crash. This reasonable care includes being aware of any health conditions and acting accordingly. If you have been injured in a truck accident and believe that it was caused by the negligent actions of the truck driver and/or the trucking company, the attorneys at Bice Law, LLC may be able to help you seek compensation. Contact us today for a free initial consultation.

 Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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