North Carolina Personal Injury Lawyer Blog

Waynesville Water Sport Safety Measures Paramount this Summer

Fri, 24 May 2013 14:35:41 -0500

Summer is fast approaching, and here in Waynesville, some of the most popular activities involve water sports on the Nantahala River and various creeks.

However, our Waynesville injury lawyers also know that these activities can be as treacherous as they are enjoyable, so it's important to make safety a priority, whether you're riding an inner tube or a raft or paddling on a canoe or kayak.

Just a few years ago, a kayaking instructor was killed after braving rapids in the Great Smoky Mountains national park.

And just a few days ago in Washington state, emergency officials had responded to a call of an inner tube raft overturning, dumping a man and a woman overboard. They were missing for some time, but both were eventually found. Sadly, the man was pronounced dead at the scene and the woman was transported to a nearby hospital in critical condition.

A lot of the safety precautions you will bear in mind for one water sport will also apply to others.

For example, the National Safety Council, in conjunction with the American Canoe Association, recently released a list of the following safety tips to keep in mind for those taking out a canoe:

Be a competent swimmer. Otherwise, you risk the lives of others on your trip.

Take a canoeing course, whether for safety or skill development.

Know where you are heading and plan alternate routes, in case you encounter less-than-ideal conditions.

Never go without your life jacket. You never know when you may capsize or fall unconscious if you do. A life vest is just that - a life saver!

Recognize that cold water can be very dangerous because it can quickly rob the body of heat and impair judgment if you're in it for long. Without proper equipment, you can become incapacitated within just a few minutes. Keep this in mind before you decide to head out.

For whitewater rafting, a lot of the same elements apply, such as wearing a life vest, the need to be competent swimmer and the importance of planning a route. Some additional things to keep in mind:

Wear a helmet. This is especially important for whitewater rafting (and even kayaking) because you never know when you may fall out. If your head hits a rock, you could be rendered unconscious and quickly die or be killed instantly. A helmet will protect you from that scenario.

Keep your paddles down so you don't hit someone else in the boat.

Check your equipment. If you are going out with a whitewater rafting company, ask about air levels of the raft, cracks in the paddles and how often the helmets are replaced.

If you're planning to head out on an inner tube, again, make sure you're a strong swimmer, wear a life vest and a helmet and have a plan. Additionally, consider:

Wearing a wet suit. You might do this with other kinds of water sports, but it's especially important with tubing and in colder water because you'll be in constant, direct contact with the water.

Protecting your feet. If you need to quickly get out of the water, you'll have an easier time if you're not barefoot.

Companies that take riders out on these excursions should be equipped to prepare you for every scenario, but it's important to educate yourself as well.

Drug Injuries from Ranbaxy Result in Guilty Plea, $500M Fine

Mon, 20 May 2013 09:00:04 -0500

For years, those who consumed generic drugs produced by the pharmaceutical company Ranbaxy unwittingly faced serious injuries and even death, as the drugs were produced in overseas factories that failed to follow federal safety guidelines.

For this and for lying to authorities with the U.S. Food & Drug Administration about these violations, Ranbaxy has pleaded guilty to criminal charges and will pay a record $500 million fine.

Our Asheville drug injury lawyers believe this case was an important one in setting a precedent of accountability for foreign drugmakers. The reality is that the FDA already has a tough time regulating drugmakers based in the U.S. The challenges for overseas are even more numerous. But they made the drugs cheaply, so for a long time, their practices weren't questioned.

But in reality, the FDA said, these were drugs that had high rates of impurities. They were easily degradable. They would become virtually useless in hot, humid conditions. These were drugs used for conditions such as AIDS, epilespy, nerve pain and bacterial infections.

One example of the lack of caring for human life came amid the testimony provided by Dr. Kathy Spreen, the firm's executive director of clinical medicine and pharmacovigilance. She stated that in a conference call with a dozen or so of the company's executives, she raised concerns about the generic AIDS drug's effectiveness, particularly in Africa, with the hot climate conditions. In response, one executive allegedly said, "Who cares? It's just a bunch of blacks dying."

The firm, based in India, has since last year been operating in the U.S. under a consent decree with the FDA, after a number of these violations were confirmed.

In the case of gabapentin, also known as Neurontin, the company has admitted that during the summer of 2007, a number of batches had internally tested positive for unknown impurities and had shelf lives that were unreliable. This was especially troubling considering that gabapentin is used to treat epilepsy, and patients relied on it to be able to complete functions of daily living. Despite knowing of the problems with the batch for months, the company waited until the fall of that year to notify the FDA and initiate a recall. In the end, that recall involved nearly 75 million pills.

When it came to making sure their drugs remained effective for the appropriate shelf life, Ranbaxy executives apparently placed little priority. It would fail to test the quality of the drugs until weeks or sometimes months after it told the FDA that it had.

For all of this, the company pleaded guilty to producing sub-par products and making false statements to the FDA. It will pay $150 million in criminal fines. About $50 million of that goes to a former executive who blew the whistle. The other $350 million made available to settle the existing civil claims brought by the federal government and state governments. It is not to late to file a case now if you believe you have been negatively affected by use of a generic drug produced by Ranbaxy.

Increased Auto Insurance Minimums Would Offer More Protection In Case of Car Accidents

Tue, 30 Apr 2013 02:33:41 -0500

According to The State newspaper, there are some important changes to the auto insurance rules under consideration in South Carolina. A bill before the general assembly would increase mandatory minimum coverage for uninsured motorist policies.

Our Gaffney injury attorneys know that drivers are concerned that an increase in mandatory minimum coverage would come with a corresponding increase in monthly premiums. However, upping your uninsured motorist coverage would provide you with important protections that can help to ensure you have the money you need if you get injured in a car wreck.

The Bill to Increase Auto Insurance Mandatory Minimums
South Carolina made changes to the auto insurance requirements in 2006, bumping the minimum liability coverage up to $25,000. Liability coverage pays the bills if you get involved in a car accident with someone else that is your fault and the injured accident victims make a claim against you.

When lawmakers increased the mandatory minimum insurance coverage in 2006, they intended the increase to apply across-the-board to the different types of coverage that drivers were required to carry. However, the law's provisions did not address uninsured motorist coverage.

The new proposal corrects the oversight and ups the minimum uninsured motorist coverage from $10,000 to $25,000. This means that you now must carry an uninsured motorist policy with no less than $25,000 in coverage. If you had only the minimum before, your premiums may go up. However, many drivers in the state already have at least $25,000 in coverage so not everyone will be hit with the premium increase.

Added Protection in Case of a Car Wreck
By increasing the uninsured motorist coverage minimum requirements, lawmakers would be helping you to ensure your bills are covered in a more serious car accident.

When a crash happens and someone else is to blame, the responsible party is expected to pay for your bills. Unfortunately, if you get into a hit-and-run crash and the responsible driver leaves the scene, you'll still have your bills. You just won't have anyone to pay them.

The same is true if you get into a crash with a driver who doesn't have insurance. Sure, you could try to sue him or her personally, but if he was driving without insurance then chances are he has minimal assets. This means even if you win your case, it is probably going to be hard for you to actually collect any cash from the at-fault driver.

Uninsured motorist coverage makes sure you aren't left with crippling medical debts and with other huge financial losses after a car wreck with an uninsured or hit-and-run driver. Your insurance company stands in and pays the bills, up to the maximum limits of your policy.

If this new law passes, therefore, you get more protection because you have a higher policy limit. If you get into a crash and your bills and losses end up higher, your insurance will have it covered.

NC Traffic Safety Report: Distracted Driving Problem Worse Than Ever

Wed, 24 Apr 2013 07:54:24 -0500

Drivers know that tapping out a text message or shipping off an e-mail behind the wheel is dangerous.

And yet, at any given moment of the day, our Asheville car accident lawyers understand that approximately 660,000 drivers are using an electronic device or cell phone - putting hundreds of thousands more at risk of serious injury or death.

That information was released by the National Highway Traffic Safety Administration, which is highlighting the fact that during April, which is Distracted Driving Awareness Month nationwide, we must take responsibility for our own actions behind the wheel. From there, these good habits need to be applied to our driving repertoire for the rest of the year. No longer can we assume that the rules should only apply to other drivers.

The reality is, no matter how experienced you are behind the wheel, driving while distracted is on par with driving drunk, and no one can do it safely.

The NHTSA's report, entitled the SAFETY 1N NUM3ERS was culled from the 2012 Distracted Driving Attitudes and Behaviors Survey, as well as the 2011 National Occupant Protection Use Survey on Driver Electronic Use, as well as the 2011 Distraction Fatality Analysis Reporting System.

That 660,000 figure is one that has held consistent over the last three years. It's troubling that we have yet in that time frame to have made significant progress in reducing the number.

When we look at the human cost, the NHTSA reports that more than 3,300 died in 2011 in crashes attributed to distracted driving. Another nearly 390,000 were seriously hurt.

Many cities and states throughout the country have adopted bans on cell phone use or texting while driving. In North Carolina, Chapel Hill adopted an all-encompassing cell phone ban.

The state is also one of 39 (as well as D.C., Puerto Rico and Guam) that has banned texting, e-mail and Internet use for all drivers. Those under the age of 18 are barred from using their phones behind the wheel, unless calling one of their parents. Additionally, school bus drivers are forbidden from using cell phones while driving.

In the NHTSA's survey, researchers sought responses from some 6,000 drivers over the age of 16. About half of those said they answered incoming calls while driving, and another 25 percent said they are willing to place a phone call on all or at least some of their trips.

To put these numbers into a little bit of perspective, consider that there are approximately 210 million licensed drivers in this country. So we're talking about more than 100 million answering a phone call behind the wheel and 50 million making a call.

As a nation, we have got to start taking the risks more seriously.

When you get behind the wheel, simply turn off your phone, or at least place it out of reach before you even put the key in the ignition. Especially if you have pre-teens or teenagers, you want to set a good example.

If you're a passenger and your driver starts to text or talk on the phone, don't stay silent - speak up. It's your life too.

And always buckle up. It may not prevent an accident, but it can certainly improve your chances of survival.

Greenville Car Accident Lawyers: Nighttime Driving Hazards Abound

Mon, 22 Apr 2013 15:05:43 -0500

Day light is lasting longer now that spring is here, keeping more people active later in the evenings.

But our Greenville car accident attorneys know that it's after dark when drivers face a significant increase in the risk of a traffic collision.

Nighttime driving poses significantly more risks than operating a vehicle during the day. In fact, a 2006 study published by British researchers found that a disproportionate number of fatal crashes happen after dark.

Some of the key factors for this:

Reduced lighting and visibility;

Increased risk of fatigue; and

Increased instances of alcohol and drug consumption at night.

The National Highway Traffic Safety Administration reports that while 18 percent of all fatal crashes during the day involve alcohol, that figure spikes to 54 percent at night.

Just about half of all fatal crashes happen at night. Of course, there are generally equal hours of day and night, but when you consider that far fewer people are actually on the road at night, the accident-per-miles-traveled ratio clearly indicates nighttime driving is exceedingly dangerous - especially on the weekends.

It's no wonder, then, that 70 percent of U.S. drivers report they fear driving at night. About 40 percent said they were concerned that they would unwittingly hit a person or animal. Another 25 percent said they were most concerned about not being able to clearly see road markings.

These are all valid concerns, and the statistics seem to indicate that if you are at all able to avoid nighttime driving, it's best to do so.

However, if you can't, here are some things that Mothers Against Drunk Driving urges you to keep in mind:

Make sure your vehicle is in good working order. Adjust your mirrors. Make sure all your lights are working. Make sure you have enough wiper fluid and clear all your windows of any mud, ice, film, snow or fog.

Don't make your headlights an afterthought. They are key to your visibility. If you're driving in the city, keep them set low. If you're in a more rural area, put your high-beams on. If an oncoming vehicle's lights are too bright, either move to another lane or focus on looking down at the painted lines on the road so you aren't blinded.

Stay alert. Fatigued driving is a major problem at night, simply because our bodies are designed to be sleeping. Even those who have been doing shift work for years may have trouble keeping their eyes open at night on a long, boring road. Consider grabbing a coffee or energy drink before you go. If you need to pull over and take a nap, do so.

Keep your windows slightly rolled down. This may allow you to hear trouble faster than you may be able to see it. There is also the added benefit of the cool air rushing in and keeping you alert.

Slow down. If you can't stop within the area that is illuminated by you're headlights in front of you, you are actually traveling too fast. There is no harm in going a few miles per hour under the speed limit at night, just to be safe.

Severe North Carolina Nursing Home Abuse Haunts Victim's Niece

Fri, 19 Apr 2013 11:20:10 -0500

For most of his life, the 72-year-old North Carolina man suffering from severe physical and mental disabilities, was lovingly cared for by relatives who feared putting him in an institution.

Sadly, little did they know how right those fears would later prove.

Our Rutherfordton nursing home abuse lawyers understand the the man's niece - herself an assisted living facility aide - had to quit her job to care for him full-time. She has now filed a lawsuit against the O'Berry Neuro-Medical Treatment Center, a state hospital facility that assumed his care for a time in 2010.

He might never have been there int the first place, but for the fact that his seizures had worsened. The man was not born with these disabilities, but rather incurred them after suffering from polio and a severe case of pneumonia. He now has the mental capacity of a 4-year-old.

Family members had long cared for him, but as he approached his seventh decade, doctors were struggling to keep his seizures under control. They gently suggested that the family consider a long-term care facility.

It was not long before the niece got the call she had dreaded. The facility notified her that her uncle had been assaulted. A staff member allegedly kicking this man so hard in his groin that it became swollen and black.

The fact that the facility called to notify the family of this action is rare indeed.

The niece later examined her uncle and found bruises all across his backside.

She would later learn was there was a strong possibility the victim had been sexually assaulted, repeatedly, by this same employee. He often wakes up in terror at night, recalling details of these attacks, but none of it has ever been independently verified. The victim says his roommate, who was also intellectually challenged, often suffered the same from this worker.

In an internal investigation, the facility concluded that while the victim had provided a great deal of detail about these incidents, "He appeared to be combining many thoughts together, which made it difficult for the investigative team to draw conclusions of a sexual assault."

The state operates roughly a dozen facilities to care for its most vulnerable residents, with ailments ranging from Alzheimer's disease to schizophrenia. Some live there for decades. Others only go there when they become too old for relatives to offer continuing care.

At this particular location and two others nearby, the Charlotte News & Observer reports that the Department of Health and Human Services was able to substantiate 41 cases of neglect or abuse. Given that these three facilities care for a combined daily average of 630 patients, we're talking about a 6.5 percent rate of abuse. Those are just the numbers the state was able to substantiate. The actual figure is likely much higher.

In many of these cases, staffers are either simply transferred or fired. In rare cases, criminal charges will be filed.

In this situation, the victim was able to identify the staffer who had kicked him. That staffer was later fired for the incident, though he staunchly denied it and was never subject to criminal charges.

At the end of the day, the state attorney's office appears to have concluded that the victim would not make a reliable witness. Those who target these individuals know this. That's why they do it.

But that doesn't mean family members don't have options. Our North Carolina nursing home abuse lawyers want to make it clear that the threshold for burden of proof is lesser in a civil case than in a criminal one. That's why this man's niece stands a good chance of winning in her claim, even when police have declined to pursue charges.

Report: South Carolina Teen Driver Fatalities Double

Wed, 17 Apr 2013 14:58:05 -0500

The number of teen driver fatalities doubled in the first six months of 2012, as compared to a year earlier, according to a new report by the Governors Highway Safety Association.

Our Gaffney car accident attorneys also know that nationwide, teen driver deaths shot up by 20 percent in that same time frame.

Researchers were looking specifically at 16- and 17-year-old drivers, noting an increase from 202 deaths from January through June of 2011 to 240 deaths from January through June of 2012.

Among 16-year-olds, there was a 25 percent hike, while 17-year-old drivers saw a 15 percent increase.

South Carolina was among 25 states that saw an increase, with statewide deaths increasing from 4 to 8.

North Carolina, meanwhile, was one of a few states that saw a sizable drop, with 17 deaths reported in the first half of 2011, down to 9 deaths in the first half of 2012.

But even one is too high.

It's worth noting that drivers between the ages of 18 to 24 actually have fatality numbers that are far higher than those between the ages of 16 and 17, but that probably has a lot to do with the fact that there are far more of them.

For one thing, South Carolina has yet to alter its graduated driver's licensing program to increase the age limit for a learner's permit from 15 to 16, with full privileges given at 18, not 16, as is the current law.

The state has, however, prohibited any more than two under-21 passengers with teen drivers unless they are traveling to and from school.

What may have been a bigger factor, according to GHSA researchers, is the economic recovery. With more available jobs, teens and young adults are no longer competing with more qualified adults for entry-level, low-wage jobs. More cash in their pockets means more gas money. It also means they will be on the roads more frequently due to commuting to and from work, as well as school.

Those who may have saved up a little extra of that cash may be planning to head out for spring break in the next several weeks. It's worth noting that even if they aren't heading too far out of town, South Carolina is home to 75 colleges and universities. Beaches in Charleston, Myrtle Beach and Hilton Head are prime destinations for local spring-breakers.

Make sure your teen or young adult knows the rules. Stay sober, or at the very least, make sure at least one person is so that he or she can be a designated driver and look out for the rest. This goes for boats as well as cars.

Try to avoid having your kids drive any long distances, as you may risk the possibility of drowsy driving - which can be just as fatal as drunk driving. If possible, have them take a plane or hire a driver. Encourage them to pick a hotel that is close to where they want to spend the majority of their time, so there will be little temptation to drive after drinking.

Report: Car Accident Deaths Increase for First Time in Five Years

Wed, 10 Apr 2013 14:33:49 -0500

Early estimates from the National Safety Council are that motor vehicle fatalities have increased for the first time in five years, with some 36,000 people killed on U.S. roadways last year.

Our Asheville car accident attorneys know that this represents a 5 percent upswing from the year before, and the first time we've seen this kind of trend since 2005. It's not just fatalities either. Serious injuries due to motor vehicle crashes also rose by 5 percent during this time frame, with nearly 4 million people receiving medical treatment.

There are a number of reasons why.

To start, the number of total miles driven has steadily climbed since late 2011. A lot of this has to do with the fact that our economic recovery has continued to make strides, meaning more people are driving to and from work or otherwise have gas money to be traveling. Also, while there were a number of significant snowstorms throughout 2012, overall we had a fairly mild winter season. Inclement weather can be a major contributing factor to crashes. Less of it would seem to indicate fewer crashes, but instead, it led to more people willing to brave the roads, which in turn led to more traffic deaths.

The NSC hypothesizes the bigger reason why we experienced such a surge has to do with distracted driving, particularly among teenagers and with specific regard to cell phone use and text messaging. Cell phones and text messages have been around for a while, but the technology we have at our fingertips makes it easier than ever to check our e-mail, surf the web and engage in conversations from anywhere.

As of the beginning of 2012, there were nearly 91.5 million smartphones in the U.S., with 90 percent of those users engaging multiple times daily, according to Gpo-Gulf.com. The most popular features on those phones is texting, followed by internet browsing followed by games. Smartphone users tend to be younger, with more than 60 percent between the ages of 25 and 34. Teens also make up a significant number. For younger drivers, who tend to be especially wrapped up in social interactions, this can be a powerful distraction - and a deadly one when they're driving.

In addition to the irreplaceable and devastating loss of human life that motor vehicle crashes cost us each year, the NSC noted that there are serious financial implications as well. In terms of lost wages, medical expenses, productivity and property damage, the estimated cost of motor vehicle deaths and injuries last year topped $276 billion. That's also a five percent increase from the previous year.

The most dangerous months last year were July and August, with 3,370 and 3,360 deaths, respectively. Again, one might expect winter to produce more crashes, but bad weather causes people to drive less. People tend to be out and about more in the summer months, and school is out, meaning teens are more likely to be driving throughout the day. That trend hasn't changed in the last five years.

We realize it's already February - a bit late by most standards to initiate a New Year's Resolution. However, in light of this new information, we would urge everyone on North Carolina's roadways to renew their commitment to being a safer driver this year.

Make sure you do the following, every time the keys go in the ignition:

Always wear your seat belt.

Never drink alcohol or consume drugs before driving.

Obey the speed limits, and go slower if the conditions require it.

Keep your passenger level to a minimum, if you can, to reduce distractions.

Put your cell phone away. Your calls, e-mails, texts and social media updates can wait.

Maintain a safe distance from other vehicles.

Be considerate. Remember that people in the other vehicles engage in behaviors that are aggravating, but it's almost always best to let it go.

If you notice someone who is driving erratically or dangerously, keep a safe distance and call police.

Some Charlotte Dialysis Care Centers Recieve Poor Marks

Fri, 05 Apr 2013 14:11:36 -0500

For hundreds of thousands of people in this country, dialysis is a lifeline.

But as an investigative ProPublica series has uncovered, those treatments aren't nearly as safe as we might hope - especially given how much they cost.

Our Charlotte dialysis injury lawyers have long been vocal about the damage done by medications such as GranuFlo and Naturalyte, which have been associated with high rates of cardiac arrest or even death.

What you may not be aware of, though, is how dangerous the actual dialysis treatment can be.

Dialysis is administered to those who are suffering kidney failure or renal disease. It's not a cure, but rather a means to replicate the essential function of the kidneys that is currently failing in a patient's own system. Some people receive dialysis treatments until they can secure a transplant, while others who may not be good candidates for a transplant will be on dialysis the rest of their lives, usually several times a week.

There are an estimated 400,000 people who receive these treatments - at a cost of $20 billion annually.

Despite the astronomical cost, these facilities are rarely staffed with a doctor during day-to-day operations. (They are required to have certified physicians who serve as medical directors, but they don't have to be there day in and day out.) Sometimes, there aren't even nurses at these locations - just technicians who are trained to stick a needle in your arm and turn the machines on. But this lack of training has resulted in devastating consequences.

There have been situations where needles have come out of people's arms, only to have the staffers react poorly to the sight of blood and therefore not take the swift and appropriate action necessary to secure the patient's well-being.

In combing through thousands of inspection reports across the country, ProPublica reporters found patients often receive treatments in conditions that aren't sanitary and that are thus prone to dangerous lapses in care.

Patients are often treated assembly-line style, with some clinics reportedly encouraging patients to soil themselves so that their dialysis session won't be interrupted.

But because there has been so much industry consolidation in recent years, patients may not have much of a choice in where they go.

In Charlotte, a number of facilities were rated in the red for poor performance.

One center in particular had very poor inspection reports (we won't name names, but you can find the information by searching ProPublica's city database). This center had a 45 percent worse-than-expected mortality rate, and emergency room visits were 66 percent higher than expected. Tates of septicemia and access-related infections were between 9 and 23 percent higher than expected. Transplants rates there were 80 percent lower than expected. This facility was known to have 19 standard deficiencies and 3 major (or potentially life-threatening) deficiencies.

People who are suffering from kidney diseases already have much with which to contend. They deserve to be treated in a clean facility by competent staffers who put their needs first.

When that doesn't happen and you suffer serious illness or injury as a result, you may be entitled to compensation.

Fog & Bad Weather Lead to Massive Pileup Accident

Fri, 05 Apr 2013 02:09:12 -0500

Authorities say fog is to blame for a massive, 95-car pileup that occurred on Sunday near the state line between Virginia and North Carolina. According to NBC News, the accidents occurred at approximately 1:00 p.m. in southbound lanes in Carroll County and ultimately there were 17 separate crashes within a short period of time in the area.

Our North Carolina injury attorneys know that bad weather can be extremely dangerous for drivers, especially fog, which makes visibility difficult. We urge every driver to exercise caution when driving in bad weather and understand some of the biggest risks of driving in unsafe weather conditions.

Fog Causes Massive Pileups
According to NBC News, warnings were issued starting at 5:47 a.m. on the day that the pileup occurred. The warnings were posted on overhead message boards and cautioned drivers that it was necessary for them to slow down as a result of the heavy fog.

Despite the warning and despite the clear lack of visibility, many drivers continued to proceed at their normal speed and/or did not increase vigilance due to the fog. This lapse in care helps to explain why so many vehicles were involved in the pileup.

When it is foggy outside, even a single accident can set off a disastrous chain reaction. Two cars may hit each other, resulting in the first accident. Other drivers may come upon the impaired vehicles at the accident scene.

If the drivers approaching the crash haven't seen the accident, they may not slow down or try to avoid hitting one of the impacted cars. Further a driver who doesn't see the accident due to fog until he is right on top of the crash may have no place to go at that point in order to avoid becoming a part of the crash himself.

Preventing Accidents in Inclement Weather
Fog is a leading cause of multi-car pileups because it increases the chance of a catalyst accident happening (the crash that starts the chain reaction of cars). Not only that, but the fog also makes it difficult or impossible for others to see that the accident has happened.

To try to protect yourself and avoid becoming an accident victim when it is foggy outside, it is important to follow some safe driving tips. For example:

You should slow your speed, even driving below the speed limit, when it is foggy outside or when any bad weather reduces visibility.

You should increase your following distance, putting more space between you and the car in front of you.

You should put your low beams on to make it easier to see without blinding other drivers.

You should consider driving with the window of your vehicle opened so that you can hear other cars. Your hearing can help guide you if your vision is not as effective.

Use painted road markings as your guide to stay on track.

If your car stalls or you need to stop, take your foot off of the brake pedal (since people follow tail lights when they are driving in a fog situation) and move your car away from the road.

By following these tips and making smart choices, hopefully you can avoid becoming the victim of any accident caused by adverse weather conditions.

Workers' Compensation and Mental Health Benefits in South Carolina

Wed, 03 Apr 2013 10:50:26 -0500

Our Greenville workers' compensation attorneys applaud the effort underway to extend mental health benefits to police and fireman injured on the job in South Carolina.

As The State newspaper reports, the House Judiciary Committee has approved proposed legislation that would exempt public safety workers from the state's "extraordinary and unusual" standard for determining whether an employee is entitled to workers' compensation benefits for mental health issues stemming from an on-the-job incident.

A ruling last year by the South Carolina Supreme Court held that shooting someone is not "extraordinary or unusual" for a police officer. Slate recounts the story of a Spartanburg County sheriff's deputy who shot and killed a man in 2009. The deputy has since been unable to work and has attempted suicide several times. He has been diagnosed with post-traumatic stress disorder and collects police disability pay. But his workers' compensation claim has been denied.

The proposed legislation would only relax the requirements for public-safety workers -- EMTs, paramedics, police officers, firefighters and jail and prison guards. However, it is being opposed by local governments, which argue relaxing the requirements to draw workers' compensation benefits for mental health claims would increase the claim obligations of governments already dealing with budget cuts.

The truth of the matter is that mental health parity is an issue with which the nation's health care system continues to struggle. Congress passed the Mental Health Parity Act in 1996, which requires group health plans to offer lifetime limits for mental health benefits that are no lower than medical and surgical benefits. Still, far too many employees who suffer from addiction, depression or other mental health issues, fail to get the benefits necessary for counseling and other treatment aimed at recovery.

As it stands now, public safety workers with mental disabilities may draw disability retirement and Social Security disability. Local governments note California has moved to make it tougher to draw workers' compensation for mental health reasons in an effort to reduce a flood of claims in the court system.

South Carolina law recognizes three types of work injury: Physical, mental, and both physical and mental. Mental injuries without physical injuries are the hardest to prove, and therefore sufferers are most likely to be denied benefits. While most states permit compensation for mental injuries, South Carolina law requires medical evidence of a mental injury resulting from "extraordinary and unusual" job conditions.

Justice Kaye Hearn expressed his concern in a dissenting opinion, stating he found it difficult to imagine a scenario where Deputy Sheriff Bentley could recover workers' compensation if only he had managed to trip and physically injure himself before shooting and killing the suspect, when the real reason he would need the workers' compensation was due to the mental distress resulting from drawing his gun on the suspect in the first place.

Fatal North Carolina Work Accident Prompts Safety Review

Fri, 15 Feb 2013 08:30:54 -0500

A recent accident at a South Carolina plant proved fatal for a 39-year-old North Carolina husband and father, who was working his very first shift on the job. Another man was injured.

Our North Carolina and South Carolina workers' compensation lawyers know those facts alone would be red flags, suggesting a company may not have provided enough training for a new hire, especially if conditions were potentially dangerous.

The incident happened late last month at a paper plant in Catawba, South Carolina. Officials with the U.S. Occupational Safety & Health Administration (OSHA) are investigating, though any formal conclusions are unlikely to be reached for at least six weeks. At this point, it is a suspected chemical incident. County emergency management officials say that three workers - including the victim, a man from Monroe, North Carolina, and his cousin, who was also working his first shift on the job as a contract employee - were cleaning a huge tank inside the plant's generation area. There was a scheduled maintenance power outage around 1:30 a.m., at which point it is believed some type of chemical leaked into the tank, which is designed to suck up fumes from the mill's generation area so they don't pour into the general work area and put employees at risk.

While the men were cleaning, the alarm went off. The cousin and other worker were able to scramble out, but the victim was stuck suspended by a harness. His cousin later told reporters he ran to get help, and at first wasn't taken seriously by supervisors.

By the time emergency crews were cleared to safely enter the tank, his wife was already on the scene, watching helplessly from outside. The worker, still strapped in his harness, had already died.

The plant later contended that the men were all equipped with the proper protective gear and were well-trained. The cousin disputes that account. He says that he and his cousin were given a short video to watch 12 hours prior to the shift. They were shown a respirator during training that reportedly failed, but the supervisor reportedly told them it was "fine." He added that the same supervisor gave them the answers to a safety test they were to take prior to starting.

If OSHA's investigation lends credence to these allegations, it would no doubt be an egregious violation of safety procedures. These are not simple formalities. As this situation shows, such procedures and equipment are required so that tragedies like this do not occur.

This is not the first time this particular company's employees have been placed at risk. Last spring, a mixture of sodium hydroxide and other chemicals was sprayed on four workers in the plant's pulping area after a suction valve burst. The workers had been wearing heavy duty protective gear, and still suffered second- and third-degree burns all over their bodies, including their eyes.

Also last year, a contractor was sprayed in the face with a toxic chemical while transferring it from a truck to a holding container. He was rushed to a nearby hospital.

Altogether last year, OSHA issued four serious violations against the company for failure to test its breathing equipment, install carbon monoxide alarms, train two workers or review its own Exposure Control Plan.

This plant was also the site where two workers were killed and several others injured in 2000 when several pipes exploded.

Submerged Vehicle Survival in the Carolinas - What You Need to Know

Mon, 11 Feb 2013 16:15:41 -0500

Late last month, three South Carolina residents drowned in their vehicle, following a crash on a Louisiana highway.

Our Greenville, South Carolina personal injury lawyers note the case had initially been filed as a missing persons report. If there is anything positive that can be born of this, it is an increased awareness for all drivers about how to survive a crash in which your vehicle becomes submerged.

In these cases, time is of critical importance; educating yourself can mean the difference between life or death. Officials are still investigating exactly how this situation unfolded, but what they have so far pieced together, according to local news reports, is this:

Two men and a woman set out from Columbia, SC to Shreveport, LA to pick up a new vehicle. That was January 7. The last anyone heard from them was that evening. Three days later, officials in South Carolina issued an advisory for all states on the I-20 corridor to be alerted to the vehicle and its passengers.

Two weeks later, officials in LA sent a helicopter out over the highway over the Tensas River to look for them. The bumper of the vehicle was seen floating. The following morning, officials were able to find the vehicle in the river, the three occupants deceased inside.

We don't know much about how the crash occurred, but officials say the car ran off the road, into the median and over the bridge.

We don't know whether the crash that led to the car ending up in the river could have been avoided. It's possible that the driver may have been fatigued, considering the long distance they intended to cover in such a short time. It's also possible the driver swerved to avoid another vehicle and lost control. We just don't know.

What we can tell you is that if you end up submerged, you will have mere seconds to act appropriately and escape safely.

Buckle up. There is a flawed perception that if you are wearing a seat belt, you won't be able to get it undone and you will be stuck. This is not the case, and the greater danger if you aren't restrained is that you could be knocked unconscious - and therefore rendered helpless to save yourself and your passengers.

Remain calm. This is easier said than done, of course, but it's critical for you maintain a level head. You will inevitably be less effective if you are overwhelmed with panic.

Unbuckle your seat belt and stop to evaluate your situation.

If your vehicle is sinking slowly, it should be possible for you to roll the windows down and jump out before swimming away.

If your vehicle is sinking fast, you aren't going to be able to immediately roll down the windows or open the doors. In this case, you have to actually wait for the vehicle to sink further down so that the pressure is equalized. Use this time to take off your shoes and heavy clothing.

Once the water has reached roughly halfway up the window, begin rolling the window down. Stay in the pocket of air that's available until you are able to get the window down far enough for you to get out.

Improved Laws Would Mean Fewer Car Accidents in Carolinas

Wed, 30 Jan 2013 08:20:25 -0500

A national study analyzing the effectiveness of road safety laws in each state has found both North and South Carolina lacking in many areas.

As our South Carolina car accident lawyers understand, however, South Carolina fared worse than its northern counterpart.

Although North Carolina has more fatal traffic accidents on average (1,227 in 2011 compared to South Carolina's 828) and even though the annual economic cost is higher for North Carolina ($8.27 billion versus South Carolina's $3.34 billion), researchers with Advocates for Highway and Auto Safety determined that has mostly to do with the population differences.

When it comes to the ideal set of laws in place to protect motorists, North Carolina was given a high-level "green light" rating, while South Carolina received a mid-level "yellow light" rating.

To understand why, first we have to offer some key background information. Last year, Congress passed the Moving Ahead for Progress in the 21st Century Act (often referred to as MAP-21). This law provides billions of federal dollars to be allocated to roadway safety programs across the country over the course of the next two years. States that enact certain provisions geared toward teen safe driving, reduction of DUIs, child safety seat enhancements and motorcycle rider safety would receive federal dollars.

Still, many states have yet to act on some of these critical measures.

In North Carolina, the critical provisions the researchers found lacking were with regard to DUI and the graduated licensing program (GDL). It's recommended that ignition interlock devices be required for all DUI offenders, not just those who have been convicted more than once. And with regard to teens, it's recommended that GDL programs require teens be at least 16 years-old before being able to obtain a learner's permit. They should be at least 18 before being granted an unrestricted license.

In South Carolina, the list is lengthier, and deals with not only DUI and GDL, but also motorcycle safety, child safety and distracted driving. Specifically, researchers recommend:

All-rider motorcycle helmet law;

Requirement of a booster seat for children through age 7;

Minimum age of 16 for learner's permit;

Stronger passenger restrictions for young drivers with permits;

Stronger cell phone restrictions for young drivers with permits;

Minimum age of 18 for unrestricted licenses;

All-driver text messaging restriction;

Ignition interlock laws for all offenders.

With regard to some of these initiatives, we understand the general push back from legislators is the belief that it may infringe on personal rights.

For example, motorcycle helmet requirements could be seen a personal choice, with the risk assumed by the rider. However, when we consider the cost of emergency services, hospitalization, workers' compensation, disability, lost wages - the cost is ultimately born by society.

Another example is the issue of mandated ignition interlock devices, which require convicted DUI offenders to pass a breath-based blood alcohol measurement before the vehicle will start. In both South and North Carolina, the devices are required only for multiple offenders. Some have taken the view that first-time offenders don't deserve the same level of scrutiny as those who are arrested repeatedly. They made a one-time mistake, and should be afforded some slack, especially if no one was hurt. However, you must consider that the average first-time DUI offender has already made some 80 trips intoxicated before he is arrested. Credit for lack of serious or fatal injury does not belong with the drunk driver.

And we as a society can't rely on luck. Not with DUIs. Not with child safety. And not with motorcycle rider safety or our teen drivers.

North Carolina Dram Shop Verdict Highlights Duty of Bars & Restaurants Serving Alcohol

Mon, 21 Jan 2013 14:57:42 -0500

A North Carolina couple has received $1.7 million verdict against a restaurant after a drunk driving accident. According to the article in USA Today the restaurant was ordered to pay the couple after a drunk driving accident caused serious injuries including the loss of the couple's unborn child.

Although it was a drunk driver who was ultimately the cause of the crash, the North Carolina restaurant was held liable for damages under "dram shop laws." Dram shop laws provide important protections to the public and our personal injury attorneys in Asheville want to remind bar and restaurant owners of the important implications and the responsibility owed by such establishments.

What are Dram Shop Laws?
Dram shop laws are laws that make restaurants, bars or other social hosts responsible for the consequences if they serve alcohol to an intoxicated person. Dram shop laws exist in some form in a majority of states in the U.S., although they vary from location to location as far as the extent of responsibility that they impose on restaurant and bar owners. "Dram" is an old-world term for a unit of liquor, such as a shot.

In North Carolina, there are several different laws related to bars and restaurants serving alcohol. For example:

§ 18B‑305 states that it is unlawful to knowingly sell to a person who is intoxicated.
§ 18B‑121 makes it unlawful to sell or provide alcohol to someone who is under-aged. A claim for relief is created if the bar or restaurant sold or provided alcohol to an under-aged person who then causes an injury while driving drunk.

If a bartender or server does provide alcohol to an intoxicated or under-aged person in violation of the law, then this can give rise to civil liability. Essentially, this means that the bar or restaurant is viewed as having broken a safety law, and thus as having been negligent and complicit in the harm that was caused by the drunk driver. Injured victims can thus sue the bar or restaurant for damages.

The Recent North Carolina Dram Shop Verdict
While dram shop laws impose responsibility on the bar and restaurant owners, questions often arise as to exactly when social establishments should be held responsible for the actions of their patrons. The recent North Carolina case in which the restaurant was ordered to pay $1.7 million after a drunk driving accident shows that juries in North Carolina believe that servers have a broad responsibility to help prevent drunk driving.

The key question that servers will have to answer before providing someone with a drink is whether there is reason to believe that the person is intoxicated, regardless of what his BAC might be or how many drinks he has had prior. If a server fails to make this evaluation and serves alcohol to someone who is intoxicated and who subsequently causes harm, the consequences can be quite serious.

Stores and restaurants, therefore, need to err on the side of caution and have strict rules in place to help prevent patrons from getting drunk and then driving home from the establishment. Those who are victimized by a drunk driving accident also need to understand that these dram shop laws give them the right to take action against a defendant who may be better equipped than a drunk driver to pay a large claim.