Drivers getting behind the wheel and texting while driving has become such an epidemic that the United States Department of Transportation has created a website entitled www.distraction.gov. The website is a wonderful research tool and information site for educators, teen drivers, concerned parents, and employers to visit and learn the facts.  Along with the website, USDOT has put together a public service announcement with a compelling and interactive video that will launch this week. 

If you or anyone you know in the family has a teen, young, and/or distracted driver this website should be a requirement before actually getting on the roadways behind the wheel. The facts section illustrates such points as:

• In 2009, 5,474 people were killed in crashes involving driver distraction, and an estimated 448,000 were injured;
• Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind; and
• Using a cell phone while driving - whether it's hand-held or hands-free delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.
   

Did you know that you are 23x more likely to be in collision by texting while driving? That is a scary statistic and something we have noticed here in South Carolina on the roadways of interstate 85. Please use this tool and information to help spread the word.

Go to http://www.distraction.gov/ now!

 

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As the nation celebrates on Thanksgiving, this the fourth Thursday of the month of November, let us all give thanks.

From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked.
Luke 12:48
 

We hope you all enjoy your time with family, friends, and loved ones.

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I would imagine lawlessness abounds greatly in every state but lately it seems so many people are driving without any automobile insurance and/or not even stopping after being involved in a collision if they are able to drive away. 

South Carolina law is clear on the requirements a driver involved in a hit-and-run must meet in order to pursue their own "uninsured" insurance coverage.  S.C. Code 38-77-170 copied below states:

 SECTION 38-77-170. Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown.

If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless:

(1) the insured or someone in his behalf has reported the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence;

(2) the injury or damage was caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone other than the owner or operator of the insured vehicle; provided however, the witness must sign an affidavit attesting to the truth of the facts of the accident contained in the affidavit;

(3) the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident. (emphasis added).

Some people will try and manipulate the system so there have to be checks and balances to ensure some validity to what is being offered. Otherwise in rural areas of South Carolina every accident "avoiding a deer" would be claimed as a hit and run. Too bad the deer don't carry insurance or have assets.

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Allegations are rampant that State Farm Insurance Company contributed upwards of $2,400,000.00 to an Illinois Supreme Court Justice's campaign for election.  This happened back in 2004 during one of the most expensive judicial races. Why is this really important, you may be wondering? Ever heard of John Grisham's book, "The Appeal"? It was a fictional book, right?

Well funny you ask, you see that same Supreme Court Justice failed to withdraw from participating, or recuse himself, in a billion (that's more than a million) dollar case that was eventually overturned by the Illinois Supreme Court. Or determined that State Farm did not have to pay what a lower court and/or jury had determined they were liable, or responsible, in owing.

Since the Supreme Court justice did not recuse himself, the court did try and determine if there was any bias and it was thought that only $350,000.00 was contributed to the justice's judicial campaign. It was thought this because that is what State Farm Insurance told the Court.

Apparently, that was not true. An FBI investigation found that number to be somewhere between $2,4000,000.00 and $4,000,000.00. Some people have some explaining to do.

I wonder if this could ever happen in little ol South Carolina? You think corporate insurance companies that make billions of dollars in net profits would ever turn their focus on our state? Why do those presidential nominees come from outside their home state to announce they are running in South Carolina?

It's those things that make you go hmmmmmm........

Of course they (insurance companies) are hoping you don't even give it a thought. Look at that shiny thing over there. You already forgot about this story didnt you?

RELATED ARTICLES:

 Illinois court asked to review alleged bias by justice

State Farm Secretly Gave $2.4 Million to Ill. Judge in $1B Case

Petition Claims State Farm Secretly Raised Millions for Ill. Justice Who Voted Its Way in $1B Case

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The injuries from a pedestrian vs. motor vehicle collision and motorcycle vs. motor vehicle collision are never minor. I just settled a pedestrian vs. motor vehicle collision that occurred in the Five Points area of Columbia, South Carolina. The client was lucky to be alive but his injuries were in no way minor and he had to undergo surgery.

As everyone knows in upstate South Carolina, especially throughout Anderson, Abbeville, Belton, Clemson, Easley, Iva,  Oconee, Pickens, Seneca, and Westminster,  rural roads can be the most dangerous. As The Greenville News indicated in their Sunday article entitled, "Highway Deaths Start to Rise":

South Carolina led the nation in the fatality rate on non-interstate, rural roads in 2009 with 4.7 deaths per 100 million vehicle miles of travel, according to numbers released earlier this month by the Washington-based nonprofit TRIP.

The news article was prompted from two separate motor vehicle collisions recently that resulted in five fatalities, the statistics are alarming for South Carolina drivers on rural roads.

I have had dozens of motorcycle collision cases and 99% of motorcycle drivers will tell you that they have to constantly watch out for other drivers in upcoming intersections, stop signs, and lane changes.

As for pedestrians on the rural roadways, you need to take every precaution possible. Since most rural roads dont have sidewalks, make sure you are facing oncoming traffic while walking so that you have time to react as the vehicle approaches. South Carolina Department of Transportation is doing their part with infrastructure and enforcement as indicated with the article "Safety Programs Target Rural Roads in South Carolina" listing these improvements:

• Adding paved shoulder and safety edge to most rural roadways through roadway resurfacing program to address run off road crashes and shoulder drop-offs;
• Installing rumble strips on all high speed rural roadways where adequate shoulder is available to address run off road crashes; and
• Provide funding for overtime speed enforcement by the South Carolina Highway Patrol of high crash rural road corridors.

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First and foremost for accountability when it comes time to be reimbursed for your property damage or personal injuries.  Yes, this essentially equates to insurance purposes. The person that causes the collision may be apologetic and a "really nice person" at the scene but a couple days later have a change of heart and not be so forthcoming with their admission of liability.   Therefore the primary reason is to ensure that the at fault, or sole contributor, that admits to being inattentive or distracted is memorialized by the reporting South Carolina Highway Patrol or local authorities. The primary goal of any insurance company is to protect their insured and if their insured said it was not their fault, the property damage on your car or medical treatment you incurred is not going to be reimbursed anytime soon, if at all.

Secondly, if this is a serious offense and someone is driving on the roadways under the influence of drugs or alcohol, they need to be stopped! Hopefully, no one is seriously injured and by helping this person realize the gravity of their actions, you may save lives down the road.

Thirdly, you have no idea the true impact this collision will have on any property damage to your car or any personal injuries to your person. (no pun intended). Your adrenaline is pumping, so you feel no pain initially. Or the frame of your car is bent but you don't realize that until you pull off and the vehicle drives crooked. Too late. You let that "nice person" go with a handshake and a smile. That's okay, I am sure you have a couple thousand dollars lying around to repair your car and medical expenses.

A few tips if you are in an accident, from both a personal injury lawyer and person that has been in two accidents (neither of which were his fault):

• Call 911 or *HP immediately, regardless of severity. If not life threatening tell the operator and explain the details. Those calls are recorded by the way;
• Take pictures of the property damage with your fancy phone or at the very least make a mental note;
• Make sure to get any contact information from any witnesses, especially if they do not have time to stick around for the reporting officer. They can still be helpful but not if you don't know how to get in touch with them. It would be better if they could stick around and talk to the officer;
• If the other party tries to leave the scene make every effort to get their license tag, vehicle description and/or notify the 911 operator. License tags are usually only 6 characters. You can remember that;
• If you feel any pain at all, notify the reporting officer and go get checked out when the ambulance, or EMS comes out. Otherwise, you know what the insurance company for the at fault driver will say?  "Obviously you were not hurt because you did not seek immediate medical attention."

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Driving from Greenville, South Carolina to Anderson, South Carolina every day for work, you tend to notice the regular cars you pass, things going on along the interstate, and creative billboards.  Trust me, I knew when the Motivational Seminars were coming into town, southbound and northbound.

A billboard that made its point today gave me cause to pull over and take a picture. It reads:

 "Stop texting! You almost hit my client. i85lawyers.com."

For all the bad things you hear about lawyer advertising at least this crowd is trying to get its point across to the drivers speeding by at 80mph+  on Interstate 85 (ironically this billboard is right past the 65mph speed limit sign southbound past Exit 35). 

More preventative measures need to be taken so that lawyers and insurance companies don't have to be involved because that means someone is injured or dead. I like my job but I will be successful at whatever, I do. Right now it just so happens to be that I fight for the individual against the faceless insurance company. Maybe with personal injury attorneys turning toward preventative messages and minimizing carelessness on the roadways we are headed for Utopia.

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South Carolina dog bite law adheres to strict liability when it comes to dogs biting or harming people, S.C. Code Ann. § 47-3-110:. The only defense would be if the dog was provoked in some way by the person that it attacked.

Recently the South Carolina Supreme Court rendered an opinion that helps in better illustrating the specific phrase of the dog bite law, "other person having the dog in his care or keeping." In Clea v. Odom Opinion No. 27029, the court determined that claims for strict liability and common law negligence could move forward against the landlord for a tenant's dog that attacked a child in the common area of the apartment complex. Citing Harris v. Anderson County Sheriff's Office, 381 S.C. 357, 364, 673 S.E.2d 423, 427 (2009) the court stated, the presence or absence of a duty determines liability in situations that involve a statutory claim against a person having the dog in his care or keeping.  Id. at 365, 673 S.E.2d at 427.  There are three scenarios under § 47-3-110 when the attack is unprovoked and the injured party is lawfully on the premises:

First, the dog owner is strictly liable and common law principles are not implicated.  Second, a property owner is liable when he exercises control over, and assumes responsibility for, the care and keeping of the dog.  Third, a property owner is not liable under the statute when he has no control of the premises and provides no care or keeping of the dog.

Although each set of facts in a case are unique to that particular case, the SC Supreme Court helps limit the dark corners for the at fault owner or keeper's liability insurance company to hide.

 If you know liability insurance companies trying to hide from their duties to pay a fair and reasonable amount for the negligence of their insured, let me know.

RELATED ARTICLES:

Dogs Bite, Owners Pay: South Carolina Dog Bite Law

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If 100 people were polled about the the most important aspect of their insurance company, sadly 90 percent would say the cost, or price.  Yet, what good is paying insurance premiums if you are never going to be able to have peace of mind in the time you are in need of that insurance coverage? What? You never thought about actually having to use that insurance coverage?  

Automobile insurance is mandated by most states, homeowners and property insurance is mandated by most mortgaged backed lien holders. When your life insurance policy goes into effect you won't have to worry because you're dead but wouldn't it be comforting in your final days to know that your family will have no additional worries or hassles?

Then do your homework or just Google the insurance company you are thinking about engaging in coverage of your most valuable assets-you and your family! My friends ask me all the time what are the best insurance companies on my end to deal with. Of course I am jaded and cynical but there are those insurance companies that are fair and equitable. There are more that are inequitable and immoral but those are easy to find in an Internet search. Try Googling  "Allstate sucks" to see what comes up.

Chubb Insurance started a recent advertising campaign entitled,  "Who insures you doesn't matter. Until it does."  Chubb states the reason for this advertisement campaign:

A new corporate print advertising campaign reminds commercial and personal insurance purchasers and their agents and brokers that an insurer is only as good as its financial strength and its willingness to pay its claims in a fair, prompt and hassle-free manner.

The reason this campaign caught my attention in a recent magazine was not the headline but the photos. I have posted links to two of my favorite photos from their advertisements below. 

Be in the 90% of people that talk about insurance costs, not in monetary value, but intrinsic value that go much further in your time of need.

1.  Picnic with bull;
2. Golfing with alligator;

Related Articles:

South Carolina's Top Three Automobile Insurance Companies;

Nationwide Is Not On Your Side: Marketing Jingles are Flashy, Fictional, & Frustrating;

Would You Take Advice from the Devil on How to Get to Heaven?: Insurance Company Lies; and

Allstate Policy Holders and Victims Should Know They Are Not in Good Hands.

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