Preventing Accidents for Older Drivers

 Fort Mill, SC Personal Injury Attorney

South Carolina has been experiencing a slight decline in the percentage of older-driver-involved highway accident fatalities. These drivers are 65 years old and above. According to the South Carolina Department of Public Safety in its 2016 Highway Safety Plan, there were 132 older-driver-involved deaths in South Carolina in 2009, decreasing to 115 fatalities in 2010, before increasing by 7 to 122 in 2011, and increasing to 133 in 2012. Over that four-year period, the number of fatalities in this category of drivers decreased by 1.20% compared to the prior four-year average. However, throughout the 2009-2013 period, those ages 45-54 constituted the plurality of pedestrian fatalities at 23%, followed by those ages 55-64 at 15%. Older persons aged 65 and above constitute 13.2% of the pedestrian fatalities in South Carolina.

If you were involved in a motor vehicle accident anywhere in North or South Carolina and suffered injuries, you may be entitled to compensation. You should seek the help of an experienced personal injury attorney such as Justin Bice of the law firm of Bice Law, LLC.

Older Drivers and Accident Risks

According to the National Highway Traffic Safety Administration (NHTSA), there were 5,560 people 65 and older killed and 214,000 injured in motor vehicle accidents nationwide in 2012.  Although many older drivers may continue to drive safely for years, aging can bring about diminished eyesight and reflexes that may take a dangerous toll on a person’s ability to operate a vehicle. The negative effects of deteriorating vision begin at around 40 years old and affect almost everyone at age 51. Accident crash data from the Insurance Institute for Highway Safety shows that older drivers are involved in more accidents per mile traveled than any other age group except younger drivers (30 years of age and under). Drivers who are 70 to 74 years of age are almost twice as likely to be in a fatal car accident per mile traveled than drivers who are between 35 and 69 years old.

As a precautionary measure, many states require elderly drivers to renew their licenses in person. Twenty-eight states and the District of Columbia have additional requirements for older drivers, starting as early as age 65. These requirements include more frequent renewals and vision and road testing. Under South Carolina statutes, a driver’s license holder who is at least 65 years old must renew their license in-person every five years. A vision test is required during an in-person license renewal. DMV personnel have the discretion to require both a written and a road test.

The DMV can place restrictions or conditions on a person’s license after administering a test and discussing those restrictions with him or her. The most common of these restrictions is the requirement of glasses or corrective contact lenses. Other common conditions South Carolina DMV may impose on older drivers include a prohibition on freeway or nighttime driving, or restrictions from driving during rush hour.

If you have been injured in a motor vehicle accident accident anywhere in North or South Carolina involving those who are older drivers, Justin Bice of Bice Law, LLC can provide you with the expertise and effective advocacy you need to pursue your case and obtain compensation for your injuries. Justin has extensive experience in pursuing personal injury claims effectively on behalf of his clients. Older drivers may be held liable in automobile accidents if they fail to adhere to restrictions or conditions on their driver’s licenses, resulting in a crash. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form.

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.

Proposed Revamped Mandatory Training for Truck and Bus Drivers

Charlotte, NC Attorney

The Federal Motor Carrier Safety Administration (FMCSA) at the U.S. Department of Transportation proposed a new set of comprehensive training requirements for entry-level commercial truck and bus operators who are seeking a commercial driver’s license. These proposed standards were contained in a Notice of Proposed Rulemaking that purports to represent the recommendations of a committee consisting of FMCSA representatives and 25 stakeholders. It is currently posted, and the agency is collecting public comments.

These new training requirements are important towards helping prevent commercial truck accidents. If you or a loved one has been injured in an accident with a commercial truck, you may be entitled to compensation for your injuries. You should seek the help of an experienced personal injury attorney such as Justin Bice of the law firm of Bice Law, LLC.

Entry-Level Driver Training Requirements

The proposed rule would first require an individual to complete a mandatory driving practice training program prior to taking a commercial driver’s license (CDL) skills test. The training program must be provided by a trainer provider who appears on FMCSA’s training provider registry and is appropriate to the license for which the individual is applying. Required individuals would include those applying for an initial CDL, an upgrade of their CDL, a hazardous materials, passenger, or school bus endorsement for their license, or someone seeking reinstatement of their CDL.

Those exempted from these requirements would include military drivers, farmers, and firefighters. Additionally, restricted CDL applicants such as drivers from Alaska, farm-related service industries, and the pyrotechnic industry, would be exempted from these proposed requirements.

Required Training Hours

The proposed rule would require Class A CDL driver-trainees to receive a minimum of thirty hours of behind-the-wheel training. With a minimum of ten hours on a driving range. They would also be required to drive on a public road, which Class A CDL driver-trainees may fulfill by either driving for ten hours on a public road, or ten public road trips each no less than fifty minutes long.

As to Class B driver-trainees, they would be required to receive a minimum of fifteen hours of behind-the-wheel training. At a minimum, they would be required to log seven hours of public road driving.

Training providers, at a minimum, would have to offer and teach a training curriculum that meets all FMCSA standards for entry-level drivers and would have to also meet requirements related to: course administration, qualifications for instructional personnel, assessments, issuance of training certificates, and training vehicles. Training providers that meet these requirements would be eligible for listing with FMCSA and would have to continue to meet the eligibility requirements in order to stay listed with the agency. Also, training providers would have to attest that they meet the specified requirements, and in the event of an FMCSA audit or investigation of the provider, would have to supply documentary evidence to verify their compliance.

Commercial truck drivers will be held to higher standards if these proposed training requirements become required. They are aimed at reducing accidents involving commercial trucks, which occur with alarming frequency nationwide. If you are considering filing a suit for injuries suffered in a large truck accident in North or South Carolina, Bice Law, LLC can provide you with the expertise and effective advocacy you need to pursue your case and obtain compensation for your injuries. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form.

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.

Driving Drowsy: Liability for Falling Asleep at the Wheel

Charlotte, NC Attorney

One very common cause of serious car accidents is when a driver falls asleep while driving. According to data from the National Highway Traffic Safety Administration (NHTSA), each year, more than 100,000 police-reported car accidents result from drivers who fall asleep. Of those accidents, more than 1,600 cause fatalities, and more than 72,000 cause serious injuries. The actual number is probably much higher since not everyone reports all drowsy-driving accidents. Similarly, a Farmers Insurance Company survey states that almost three times as many men (15.9% as women (5.8%) said they had fallen asleep at the wheel, and those ages 55 to 64 had the highest percentage of any age group surveyed (13.7%).

If you or a loved one has been injured in car accident potentially involving a driver who fell asleep at the wheel, you may be entitled to compensation for your injuries. You should seek the help of an experienced personal injury attorney such as Justin Bice of the law firm of Bice Law, LLC.

Liability of Individuals Who Fall Asleep at the Wheel

All drivers have a legal duty of care to drive safely while and to help ensure the safety and well-being of others. Failing this legal duty of care results in liability for any corresponding accidents that occur. Establishing liability when a driver is speeding, driving recklessly, texting and driving, or driving while intoxicated are clear examples of failing this duty of care or negligence. However, when it comes to falling asleep while driving, proving negligence is a more complicated endeavor. Unless a driver admits to falling asleep at the wheel and causing the accident, plaintiffs will find it difficult to gather enough evidence to prove liability. This is usually a case built on circumstantial evidence.

Police reports are an important part of the potential case for liability. The police will interview all drivers and record statements, including any admissions of falling asleep at the wheel. Witnesses may also provide statements indicating whether they saw another driver nod off.

Additionally, in many cases the accident location together with the point of impact can provide proof of liability. If a driver who nodded off collided with a vehicle in another lane, that may support the conclusion that drowsiness caused him or her to drift into another lane. Additionally, the absence of skid marks may serve as evidence that the driver didn’t try to correct the trajectory of the vehicle. Without a legitimate excuse for a lane change accident, the burden passes to that driver to prove he or she did not fall asleep.

If there are any traffic videos, it may show that the driver’s turn signals were not on, which is additional circumstantial evidence he or she was asleep and did not give notice of the intent to move into another lane. If there is any proof that the driver was driving for long distances, such as an out-of-state driver’s license or luggage inside the vehicle, that may also serve as evidence of liability. Additional such evidence includes road maps, coolers, packages of no-doz or other stimulants, used coffee cups, pillows and blankets, food wrappers, etc.

Contacting an Experienced Accident Attorney

The assistance of experienced legal counsel will be crucial in proving liability for these kinds of accidents. These are fact-intensive cases that require extensive investigation, evidence-gathering, and analysis. If necessary, seasoned legal representation will be necessary in court, if a case goes to trial. If you are considering filing a suit for injuries suffered in an accident with drowsy drivers in North or South Carolina, Bice Law, LLC can provide you with the expertise and effective advocacy you need to pursue your case and obtain compensation for your injuries. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form.

 

When an Injury Incurred While Traveling to Work is Compensable

Fort Mill, SC Attorney

Generally, if an employee suffers an injury or accident while traveling to or from work, that injury is considered outside the course and scope of his or her employment and, therefore, not compensable under South Carolina’s Workers’ Compensation scheme.  However, there are certain exceptions to this rule that will bring an injury within the scope of one’s employment. If you suffered an injury that you believe is work-related and want to file a claim for workers’ compensation in North or South Carolina, you should consult with a seasoned attorney such as Justin Bice of the law firm of Bice Law, LLC.

Death on the Way to Work

The South Carolina Court of Appeals recently considered the exceptions to the so-called “going to and coming from work rule” in the case of Wofford v. City of Spartanburg. The worker in this case was a superintendent of Parks and Recreation for the City of Spartanburg who died in a motorcycle accident while traveling from his mother’s home to one of the city’s recreation centers. Mr. Wofford’s widow and surviving child filed a claim for workers’ compensation benefits, and the City of Spartanburg denied the claim because the accident and injury occurred while the worker was traveling to work and, therefore, not compensable. The City found that none of the exceptions to this rule applied. Additionally, the South Carolina Workers’ Compensation Commission found that even if Wofford was in the course and scope of his employment when the accident occurred, his initial trip to his mother’s house was a substantial deviation from his usual route to work, which brought him outside of the scope of his employment. The mother apparently testified that her home was in the opposite direction of Wofford’s workplace and that he was at her house for approximately three hours before he left telling her that he was on his way to work.

 

On appeal to the South Carolina Court of Appeals, the claimant argued, in a general way, that Wofford was on a “special task or errand” when he had his accident because he was going to retrieve something as requested by his supervisor. The Court of Appeals affirmed the Commission’s denial, stating that the task he was requested to perform were within Wofford’s typical job responsibilities.

Five Exceptions to the Travelling to and From Work Rule

As the court explained, workers who are injured traveling to and from work are generally outside the scope of activities that would be covered under South Carolina’s Workers’ Compensation statute. However, there are five exceptions to this rule:

• The injured employee is in a company vehicle, or the time spent therein is considered compensable time;

• The injured worker is assigned a work-related task during his or her travel to or from the workplace;

• The injured worker was required to travel through an inherently dangerous way to the workplace, which is either the only way or the way that the employer built and maintained;

• The worker was injured in close proximity to the workplace and the worker was required to use that way to go to and from the workplace;

• The worker suffered an injury while performing a special task, service, mission or errand for his or her employer before or after usual working hours or on a day in which he or she usually does not work.

Determining whether an activity falls within one of these exceptions is a fact-intensive inquiry that requires extensive investigation and legal analysis. Bice Law, LLC can help you with the process of filing a claim for workers’ compensation in North or South Carolina. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form.

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.

 

Auto Recalls and Product Liability for Car Manufacturers

Charlotte, NC Attorney

Most people ignore notices that they receive announcing a recall by an automobile maker due to a defect it discovered. These recalls have increased in frequency in the last few years. ABC News indicates that more vehicles were recalled in 2014 than in any other year before that, and a total of 550 recall notices were issued by carmakers for more than fifty million vehicles during that year. During the first eight months of 2015, carmakers conducted nearly 500 different campaigns to recall defective cars, which affected over 32.4 million vehicles. This is why car owners have to be vigilant in being on the lookout for recall notices, because the result of doing otherwise may be serious injuries or even death.

Takata Recall

One of the most significant of these recalls that occurred in 2015 involves the Takata airbags. Takata is a Japanese car parts manufacturer, which, in 2015, issued one of the largest recalls in history for making defective airbags. The company conducted a recall campaign for its airbags that affected approximately 34 million vehicles. The defect in the Takata airbags made them vulnerable to exploding upon impact, thereafter causing shrapnel to cause significant bodily injuries to drivers and passengers. Several individuals in the U.S. have died or sustained serious injuries because of these defective airbags. Multiple makes and models are affected, including cars manufactured by Toyota, Nissan, Ford, Chrysler, Honda, and others.

A South Carolina family has filed a wrongful death suit against Takata for the 2006 death of Joel Knight. Knight was driving home in his 2006 Ford Ranger when he struck a cow in the road, causing his air bag to be deployed. Autopsy reports indicated that a large metal shrapnel from the airbag struck him in the neck, severing his spinal cord and causing his death.

Products Liability

Car owners usually receive a recall notice in the mail if there is a defect in their automobiles. These notices provide instructions on what to do next, including where repairs may be made and how those repairs will be paid for. Recall information is also readily available from the National Transportation Safety Board’s SaferCar.gov site, which allows users to search for a vehicle’s VIN number to see if any recalls apply.

However, there are instances in which a vehicle defect is not discovered and no recall is issued. If this occurs, and people have no notice of the defect, then accidents may occur that could not have been foreseen. One of two things may occur: either the defect directly causes the vehicle crash, or the defect worsens injuries resulting from the crash. If a driver or passenger sustains injuries as a result, then he or she may be able to obtain compensation for those injuries from the vehicle or vehicle part manufacturer, the vehicle or vehicle part distributor, or the car dealer. You should seek the help of an experienced personal injury attorney, such as Justin Bice of the law firm of Bice Law, LLC in North or South Carolina, to help you navigate the complex process of filing suit and proving liability.

Bice Law, LLC can help you seek compensation for your injuries caused by defective products. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form. Consulting an attorney as early as possible in your case can make an impact as to achieving positive outcomes, so do not hesitate to contact us today.

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.

 

 

 

 

 

 

 

 

 

 

 

2015 a Deadly Year on South Carolina’s Highways

Fort Mill, SC Attorney

According to the Times and Democrat, preliminary data from the South Carolina Department of Public Safety shows that 2015 was far deadlier in terms of deaths in vehicle accidents as compared with 2014. According to the article, there were more than 950 deaths on South Carolina roads and highways in 2015, 129 more than the 823 who were killed in 2014. This presents at 15% increase from the prior year. Similarly, the total number of fatal collisions increased by 129 from 2014 to 2015, which represents as 17% increase. Although these figures are still under review since some collisions are still under investigation, it is likely that the final totals will be worse. If you were injured in a car accident in North or South Carolina, you should seek the assistance of an experienced personal injury attorney, such as Justin Bice of the law firm of Bice Law, LLC.

Breakdown of Deaths

According to the data received, these grim increases are reflected in how the data is broken down. For example, there were 88 motorcycle deaths 2014 as compared to 132 in 2015. There were 109 in 2014 compared to 117 in 2015. The number of bicycle deaths remained steady in 2015 – 14 – which is the same as the prior year. The trend seems to have slowed at the beginning of 2016. As of January 18, 30 people were killed in traffic accidents, as compared to 39 during the same period in 2015.

Contributing Factors

The article states that 320 of those killed in traffic accidents in 2015 were not wearing seat belts. This constitutes for about half of the total deaths. Research shows that nearly half of those who are killed in traffic accidents would not have passed away if they were wearing seat belts. This means there would be around 160 fewer deaths in South Carolina if they had been wearing seat belts in 2015.

With respect to any ensuing litigation after a traffic accident, even though South Carolina law requires drivers and passengers to wear a seatbelt, failure to do so will not prevent or reduce an injured plaintiff’s recovery or damages. Therefore, courts will not allow any evidence of a plaintiff’s failure to wear a seatbelt in court.

Other contributing factors identified by the Times and Democrat are drunk driving, distracted driving, such as using a mobile device while driving a car, and speeding. Another article by the Independent Mail stated that distracted driving seems to be more prevalent as the cause of many of the accidents.

In response to the rising trend of fatal collisions, South Carolina launched the Target Zero Traffic Deaths campaign to eliminate traffic fatalities. The initiative targets certain at-risk groups, such as teens, distracted drivers, drunk drivers elderly drivers, vulnerable road users such as bicyclists and pedestrians, and commercial drivers.

Bice Law, LLC, can help you seek compensation for your injuries due to a vehicle accident in North or South Carolina. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form. Do not hesitate to contact us today.

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.

 

 

Commercial Truck Companies and Driver Fatigue

Charlotte, NC Attorney

The U.S. Department of Transportation has found that truck driver fatigue has been a primary factor in the nearly 4,000 fatal large truck crashes each year. Consecutive hours of work without the requisite rest can cause commercial truck drivers to be fatigued, and when this occurs, the risk of serious accidents greatly increases, particularly because of the involvement of large trucks. The National Highway Traffic Safety Association conducted a study that revealed driver fatigue as a factor in 30 to 40% of all large truck crashes. If you have been injured in a large truck accident in North or South Carolina, you should consult with an experienced personal injury attorney such as  Justin Bice of the law firm of Bice Law, LLC.

Hours of Work Regulations

The Federal Motor Carrier Safety Administration (FMCSA) issues rules that determine the boundaries of how commercial truck companies can operate and the limits of how they may require their drivers to work. At present, commercial drivers are prohibited from operating a truck or bus no more than eleven consecutive hours before resting for a minimum of ten hours. Additionally, FMCSA requires drivers to take a thirty-minute rest break within the first eight hours of their shift. These rules were issued because studies showed that the risk of an accident effectively doubles from the eighth to the tenth hour of driving, and doubles again from the tenth to the eleventh hour of driving.

Commercial trucking is a very competitive industry, and the rising demand for overnight shipments and for fresh produce to be transported from one coast to the other may cause companies to overextend their employees. Most trucking companies operate on very thin margins, and they often exert undue pressure on employees to driver longer than what they can do safely.

Proposed Rule to Change Hours of Work FMCSA Regulations

The FMCSA issued a proposed regulation to limit fatigued drivers from being on the road by updating the use of the thirty-four hour rest period, known as the restart. The restart required drivers to restart once every seven days and include at least two periods of rest between 1:00 a.m. and 5:00 a.m. The restart was meant to allow drivers to rest longer and catch up on missed sleep before working another long week. Once the new restart rule takes effect, it will reduce the maximum number of hours a driver could work in a single workweek from 82 hours to 70 hours.

According to the Department of Transportation, drivers that work long hours are more vulnerable to accidents. They have slower reaction times and have more limited ability to assess situations that arise on the road quickly without enough recovery time. Additionally, truck drivers are unable assess their own fatigue levels properly and fail to adequately gauge their driving performance. However, the U.S. Congress has suspended the enforcement of these new rules until after additional studies and reports are completed.

Trucking and shipping companies are responsible for their drivers’ performance, which includes ensuring that they do not operate trucks while fatigued. If an accident occurs due to driver fatigue, and it is shown that the commercial trucking company failed to provide the driver with sufficient information, training, and supervision, the company may be held liable in a suit. Bice Law, LLC, can help you seek compensation for your injuries if you were in an accident with a large truck with a fatigued driver. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form. Truck accident litigation is complex, and consulting an attorney as early as possible in your case can make a difference, so do not hesitate to contact us today.

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.