Author: leiplawdev

What to Do When You’re Involved in a Distracted Driving Car Accident

If you glance at the vehicle next to you at a red light, you’re likely to see someone looking at their cell phone. Or maybe you’re driving down the road and look in the rearview mirror to see another driver reaching to pick something up off the floorboard.

Distracted driving is common. And even seconds of lost focus can lead to an accident.

If you’re in a collision caused by a distracted driver, you can attempt to recover damages. But you’ll need to prove that their distraction caused the accident. So, here’s what you should keep in mind if this happens to you.

 

What is Distracted Driving?

Distracted driving occurs when a driver is careless, reckless, or negligent behind the wheel.

A typical example is cell phone use. Texting while driving is dangerous. It’s also illegal in South Carolina.

But distraction comes in many forms beyond cell phones. For example, eating while driving, talking to passengers, or focusing on the radio can cause accidents when a driver loses focus.

 

How To Prove the Other Driver Was Distracted

YIf you were involved in a collision where the at-fault driver was distracted, it’s critical to prove it.

And that’s not always easy. You’ll need to gather proof.

Start gathering evidence after the accident, if possible. Take pictures of the scene, including where the vehicles are situated, tire marks, or other notable angles from the collision.

In some situations, you may see the driver using their phone or being distracted by something else right before the incident. So make a note of this activity.

Eyewitnesses are incredibly beneficial in determining what happened during a car wreck.

Remember the individuals at the scene who may have witnessed the event and ask for their names and phone numbers.

If businesses are nearby, check with them to see if they have surveillance footage covering the roadway. Those locations may also have employees that witnessed the collision.

Distracted driving places others in danger, whether texting and driving or looking down to grab a sandwich. If you need help after being injured by a distracted driver, reach out to our team, and we’ll discuss your case and see how we can help.

Stay Safe During Autumn with These Tips

There’s a breeze in the air. The leaves are turning into a dazzling display of reds, oranges, and yellows. And as you sip your pumpkin-flavored drink and admire this beautiful fall morning, you fail to notice the wet leaves on your steps.

Accidents can happen anytime but taking extra precautions during Autumn can help keep you and others safer.

 

Road Safety

Fall brings cooler temperatures which can result in lower tire pressure. Be sure to check your tires and inflate them if necessary. It will help you have better traction, add longevity to your tires, and reduce the risk of an accident.

With leaves falling and rainier weather, roads are likely to be treacherous. Watch out for wet spots and inspect the tread on your tires to make driving safer for you and other drivers this time of year.

 

Preventing Accidents at Home

You may focus on the leaves in your yard but look at your roof and gutters. Cleaning out leaves from these areas can protect your home and increase the lifespan of your roof.

Remove leaves from walkways and stairs to keep passages clear and prevent unnecessary trips and falls for you and any visitors.

Fall is a wonderful time of year. By taking a few precautions, you and your family can enjoy the season safely and avoid causing injury to others.

Sometimes, accidents are unavoidable. And they may not be your fault. However, you can always reach out to our team to discuss how we can help you resolve an issue you’re facing, whether it’s on the road, at home, or in the workplace.

Questions From Our Clients

When dealing with a legal case, you’ll hear many terms thrown around that you may not be familiar with. And we get it. It’s not something you do every day, so it may feel overwhelming to hear these words and not understand what they mean.

So, we’ve put together a glossary of common legal terms and what they mean, along with answers to a few frequent questions. Then, when you hear them, you’ll better understand what’s happening in your case.

 

What are discovery and interrogatories?

Discovery is the process of a lawsuit when each party’s legal team is working to find information and evidence to evaluate and support their case. It’s typically one of the first parts of a trial proceeding.

Interrogatories are lists of questions sent from one party to the other during the discovery phase of a lawsuit to help them gather information.

 

What is a deposition?

A deposition is sworn out-of-court testimony. It’s part of the discovery phase of a lawsuit. Both parties’ attorneys are present, and a witness is asked questions to gather information for the case. They’re often in person and may be recorded.

 

What is mediation?

Mediation is a process that intends to resolve a legal dispute outside of court. A third-party mediator is used to create an agreeable solution and avoid a trial.

 

What is a mediator?

A mediator is a third-party intermediary who works with both sides in a dispute to resolve the issue without going to court.

 

Why do lawsuits take so long?

Legal proceedings often take months or years to resolve.

Many things can impact the length of time it takes; courts are dealing with lots of cases, and legal teams want to take their time in finding all the information to support their case.

 

Where will my lawsuit be filed?

A lawsuit may be filed in either the location of the subject incident or the county in which the defendant is a resident.

 

Is it possible to receive benefits for pain and suffering through a workers’ compensation case in South Carolina?

South Carolina workers’ compensation laws do not offer compensation for pain and suffering. Compensation for job-related injuries is available through medical benefits, lost wages, and disability.

 

We’re Here to Help

We hope this guide will serve you well in gaining a better understanding of legal terms you may hear during your case. If you need support, our team may be able to help. Reach out to us and tell us what you’re facing, and we’ll be in touch with you.

 

Legal terms are often the last thing on your mind when you’re in a car accident or dealing with a workers’ compensation issue.

But each case has a lot of legal jargon you may not be familiar with.

And that’s okay. You’re not an attorney.

Regardless, dealing with many terms, you don’t understand can leave you overwhelmed and stressed.

So, we’ve listed a few common phrases for auto accidents and workers’ compensation to help you. Then, if you’re in a situation where the terms are used, you’ll feel more confident about what’s going on.

 

Auto Accidents Terms to Know

Liability – The word liability is commonly used in auto accident injury claims when referring to the party responsible for the incident. For example, if someone runs a stop sign and hits your car, they’re typically liable for any damages and will be responsible for paying to cover those costs.

 

Underinsured/Uninsured Motorist Coverage – While auto insurance is required coverage, you may be in an accident with a driver who is underinsured or has no insurance. Underinsured coverage is something you can add to your policy, so you’re covered if the at-fault driver’s insurance cannot cover all the damages. Uninsured coverage kicks in if the driver has no coverag

 

Workers’ Compensation Words to Know

Decision and Award – In a workers’ compensation case, this is the decision made by a single commissioner, which includes, but is not limited to, any payments or medical benefits.

Compensability – A worker may only receive workers’ compensation benefits if his or her injury is deemed compensable. Generally, an injury is determined to be compensable if the worker suffers an injury by accident, which arose out of and in the course of employment.

 

We hope these terms and definitions clarify the legal process of auto accident personal injuries and workers’ compensation cases.

 

The good news is that you don’t have to be an expert or understand all the terms. We can do that for you.

If you’re dealing with a situation and don’t know where to turn, reach out to our team to see if we can help.

You’ve been hurt at work.

It’s a scary situation and you may not know what to do next.

The first thing you should always do is get medical attention. Your health is the most important thing to address.

After receiving medical care, you may ask yourself, “what do I do now?”

The worker’s compensation process is confusing and daunting. Knowing where to turn or who is on your side is difficult.

Let’s walk through the South Carolina workers’ compensation process and what you should do if you’re hurt on the job.

 

Report the Injury to Your Employer

Again, we want to reiterate the importance of receiving medical treatment immediately if your injury is an emergency.

The next step is notifying someone in management (like your supervisor or manager) about your workplace injury. This starts the process of filing a workers’ compensation claim.

According to the South Carolina Workers’ Compensation Commission, workplace injuries must be reported within 90 days of the incident, or you may not qualify for benefits.

Your employer is responsible for filing a claim with the South Carolina Workers’ Compensation Commission, but an injured worker must also file a claim within two years of the accident.

 

Getting Medical Care You Need

In South Carolina, your employer has the right to choose your medical provider for workplace injury treatment. However, if you elect to see another professional, you could be paying out of pocket for the costs.

After you’ve been injured, ask your employer for their preferred physician.

When you go to your appointment, describe the incident and all injuries in full detail to the doctor.

Give them as much information as possible. The South Carolina Worker’s Compensation commission states this is vital in the event you need to request a hearing if you don’t agree with your medical assessment or care.

The physician will determine if your injuries are work-related, recommend treatment, and may write a note for time off from work.

If your injury is a compensable, work-related incident, workers’ compensation insurance will pay for all costs associated with your care.

But sometimes, things don’t go as planned.

Your employer may not file the proper paperwork.

Or their medical provider can say the injury is not work-related.

In such situations, you must request a hearing with the South Carolina Workers’ Compensation Commission.

 

And you’ll want a team with you to ensure you receive the benefits you deserve and need. Our attorneys are workers’ compensation experts and can help navigate the process.

Don’t navigate a workplace injury alone. Tell us about your case and we’ll be in touch with how we can help you.