Serious Accidents & Injuries

Accidents: Leading cause of death  under age 44.

Experienced Personal Injury Attorneys

For people under age 44, the leading cause of serious injury and death is often caused by the negligence of another party, person or company. Automobile accidents, trucking accidents and serious on the job injuries  can involve serious injuries that are life changing events.  The causes range from simple inattentiveness, recklessness, speeding, drinking and driving, to cell phones and texting to disregarding traffic law and even federal trucking regulations.  It is important to quickly retain an experienced attorney who knows how to handle the investigation, to located and contact eye witnesses and to locate evidence, photographs and reports concerning the events that caused or contributed to the accident.  The longer a victim or family delays in retaining an experienced accident attorney, the greater the risk that important evidence will be lost and eye witnesses unidentified. William McBee Smith at Smith & Haskell Law Firm has decades of experience and holds a top rating by the premier attorney rating organization Martindale Hubble. Call Mr. Smith @ 864-582-6727 today or email him at SmithWM@SmithandHaskell.com for a free consultation.

Serious Personal Injury in Auto Truck Accidents

Trucking Litigation

Automobile accidents and trucking accidents resulting in serious personal injury are often the result of negligence of third parties. Liability is determined by the law of negligence. South Carolina is a modified comparative negligence jurisdiction which apportions liability based on the percentage of fault of the parties involved.  If plaintiff’s percentage of fault does not exceed 50%, the plaintiff is still allowed to recover from any defendant proven to be at fault. However, plaintiff’s damages are reduced by the percentage of plaintiff’s fault.  A determination of negligence is based on the requirement that people must exercise a standard called “reasonable care under the circumstances” when operating a motor vehicle. Failure to do so is often the basis in determining damages caused by an accident. Many factors can contribute to the question of whether a driver was negligent, and courts look for these in determining fault. When you or a loved one is seriously injured in an automobile accident, it is important to secure the legal representation of experienced attorneys who know what steps to take, who know how to investigate and secure evidence and to locate all witnesses to properly prepare your case for trial.

Motorcycle Accident Statistics & Acts of Negligence

Motorcycle accidents can permanently, and often fatally, injure the victims involved.  The motorcycle accident as defined by the National Highway Transportation Administration involves motorcycles, mopeds, scooters, two- or three-wheeled motorcycles, off-road motorcycles, scooters, mini bikes, pocket bikes, and all-terrain vehicles (ATV).

Motorcycle Accident Statistics in United States and South Carolina

[ul style=”3″]
[li]In 2009, 4,462 motorcyclists were killed—a decrease of 16 percent from the 5,312 motorcyclists killed in 2008. There were 90,000 motorcyclists injured during 2009. [/li]
[li]In 2009, motorcyclists accounted for 13 percent of total traffic fatalities, 15 percent of all occupant fatalities, and 4 percent of all occupants injured.[/li]
[li]The fatality rate for motorcyclists in 2009 was 6 times the fatality rate for passenger car occupants. The injury rate for motorcyclists was 0.8 times the injury rate for passenger car occupants.[/li]
[li]In 2009, 2,203 (48%) of all motorcycles involved in fatal crashes collided with another type of motor vehicle in transport. In two-vehicle crashes, 78 percent of the motorcycles involved were struck in the front. [/li]
[li]In 2009, there were 2,006 two-vehicle fatal crashes involving a motorcycle and another type of vehicle. [/li]
[li]Forty-two percent of motorcycle riders who died in single-vehicle crashes in 2009 had BAC levels of .08 g/dL or higher.[/li]
[li]In 2009, there were 102 motorcyclists killed in South Carolina.[/li]
[/ul]

(Source: US Department of Transportation, National Highway Safety Administration, 2010 Traffic Safety Facts, October 2011)

If you are injured while riding a motorcycle and another driver is at fault, you may be entitled to damages for pain and suffering, medical expenses, scarring, disfigurement, loss of enjoyment of life and lost wages.  You should immediately contact an experienced motorcycle accident personal injury lawyer.Injuries from a motorcycle accident include broken or fractured joints (shoulders, elbows, knees, wrists, and hips), and pelvic and shoulder injuries. Soft-tissue damage like scrapes and burns also frequently occur.

The type of head injuries sustained in motorcycle accidents frequently damage the parts of the brain responsible for speech and higher functions, leaving the injured motorcyclist disabled for life and burdened with mounting medical bills for ongoing treatment.  A study done by the CDC on all Motorcycle Accidents between 2001 – 2008 showed the percentages of nonfatal injuries by primary body part motorcycle accidents were head and neck 22%, leg and foot 30%, upper body 20%, arm and hand 18%.

Negligence and Determining Cause of Personal Injury Motorcycle Accidents

Determining the cause of fault in a motorcycle accident is a highly detailed process.

An act of negligence can be due to a multitude of factors, including:

[ul style=”3″]
[li]Failure to signal when turning;[/li]
[li]Careless driving;[/li]
[li]Driving under the influence of drugs and/or alcohol;[/li]
[li]Texting while driving accidents;[/li]
[li]Distracted driving;[/li]
[li]Cell phone distracted driving accident;[/li]
[li]Drug or alcohol abuse;[/li]
[li]Excessive speed; [/li]
[li]Failure to heed traffic signals or signs;[/li]
[li]Failure to obey traffic signs or signals;[/li]
[li]Failure to signal when turning;[/li]
[li]Violation of some other law;[/li]
[/ul]

If you find yourself or someone you know to be the victim of a motorcycle accident, we encourage you to contact a personal injury motorcycle accident attorney at the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment today to discuss the legal options.  Our personal injury motorcycle accident lawyers will investigate every detail and the possible causes of your motorcycle accident so that you receive full compensation for any pain and suffering you or someone you know have endured.  We are ready to put our experienced motorcycle accident lawyers to work for you.