South Carolina Accident Lawyers
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Strom Law Firm, L.L.C. has expanded from its original focus on representing individuals and businesses in South Carolina to a firm that now represents clients in complex civil and criminal cases throughout the Southeastern U.S. and nationwide.
Texting and Driving on the Rise, Teens Who Text Take Other Driving RisksA new federal study finds that your teen is more likely to engage in other dangerous driving behaviors if they engage in texting and driving.
According to the report, sponsored by the Centers for Disease Control and Prevention (CDC), 45% of all students 16 years old or older in 2011 admitted that they had texted or emailed while driving in the 30 days prior to being asked.
The CDC found that teens who participating in texting and driving were five times more likely to drive after consuming alcohol, compared to teenagers who did not text and drive. Teens who committing texting and driving offenses were also much less likely to wear their seatbelts – they were up to 40% more likely to forget to put on their seat belt than their counterparts.
According to CDC Director Thomas Frieden, it is no surprise that teens that text and drive are more likely to take other risks.
“But the big picture is that the greatest single risk to teenagers in this country is getting hurt or killed in a motor vehicle crash; that’s the most likely thing to result in their death,” he says. “And texting while driving makes teen driving even more dangerous.”
The practice, he adds, “may be associated with some of the slowing or even reversal of very encouraging declines we had seen until the last year” in the number of teen fatalities, indicated by preliminary 2012 statistics, which show a disturbing rise in fatalities.
A similar study, presented at the Pediatric Academic Societies annual meeting in Washington, DC, researchers reported that teens who participate in texting and driving are more likely to binge drink (5 or more drinks), use tobacco products, use pot, and have unsafe sex.
“In short, teens who (text while driving) engage in a multitude of other risky behaviors,” says Andrew Adesman, senior investigator of that report and chief of Developmental and Behavioral Pediatrics at Cohen Children’s Medical Center of New York.
The CDC’s 2011 Youth Risk Behavior Survey, which looked at trends in 15,000 high school students nationally, was the first such study to ask about texting and driving.
The study found that banning texting and driving did little to prevent the practice with teenagers – 39% of teens in states that banned the practice reported that they texted while driving anyway, compared to 44% of teens who texted and drove in states with no bans.
However, the trend with teenagers seems to be in step with drivers of all ages. The CDC reported that 31% of US drivers, between 18 and 64, reported that they had sent a text or an email while driving at least once within 30 days of being surveyed.
AT&T conducted an independent survey and found that 49% of adult drivers admitted to texting and driving, along with 43% of teenagers.
The example that parents set can’t be underestimated, says CDC’s Frieden: “Parents have to lead by example. If you drive fast, if you drink and drive, if you text and drive, then your kids learn that that’s acceptable behavior, and it is not.
“Multitasking may be fine if you’re sitting at your desk, but not when you’re driving a car,” Frieden adds. “Things can go so badly so quickly. That’s what I think teens don’t recognize. Deep down, most teens think they are invincible, but you can go from a perfectly normal situation to heading into a truck or off a bridge or into a tree within a second or two, far less than the time it takes to reach down and type ‘LOL’ on a text message.”
The attorneys at the Strom Law Firm take road safety very seriously. If you have been in an automobile accident, you could face life-long medical bills, raised insurance rates, and property damage. If you were not at fault for the accident, you could feel alone facing serious financial difficulty. The Strom Law Firm can help. If you have been injured by a driver who was texting and driving, and caused the accident, you do not have to suffer in silence. Contact us today for a free, confidential consultation. 803.252.4800.
Vehicle Recall Notice for Current Model Buicks and CadillacsGeneral Motors and the National Highway Traffic Safety Administration have issued vehicle recall notices for the 2013 model year Buick LaCrosse and Cadillac SRX. The vehicle recall notice covers 26,582 cars.
The recall notice was issued due to a problem with the software in the transmission controller. The transmission in the two models could accidentally shift into Sport mode, which could reduce the engine braking, and cause an accident.
GM said in a statement that the problem was not due to consumer complaints, but was discovered while engineers developed the 2014 model engine. There were no reports crashes or injuries related to the problem.
The 2013 Buick LaCrosse models were manufactured between April 25, 2012 and March 6, 2013. The Cadillac SRX’s were manufactured between May 29, 2012 and February 18, 2013.
Beginning on March 28, General Motors will contact owners about the vehicle recall so they can take their automobiles to a local dealership. GM dealers will reprogram the transmission for free.
A much smaller GM vehicle recall notice covered just 48 model year 2011 Chevrolet Express vans.
The NHTSA issued the vehicle recall because an improperly built pressure release vent pipe could allow natural gas to vent into the passenger compartment, which increases the risk of explosions or fire.
Impco Automotive, in cooperation with General Motors, will inspect the affected vehicles and make necessary repairs to the vent pipe. The safety recall will officially begin at the end of March 2013.
Any concerned GM owners can contact the manufacturer about recall notices at 1-800-521-7300. They can also contact the National Highway Traffic Safety Administration at 1-888-327-4236, or go to safercar.gov. The Buick and Cadillac recall reference number is 13053, and the Chevrolet Express recall number is 13065.
General Motors filed for bankruptcy in 2009, and since then has become a leaner, stronger company. However, this recall notice could make consumers wonder if GM’s recovery is real. Although it is a small recall, it affects several popular vehicles, and the engine problems are potentially deadly.
To protect yourself and your family, it’s important to know what products have been recalled because they are defective or unsafe. Federal agencies such as the FDA (Food and Drug Administration) and the CPSC (U.S. Consumer Product Safety Commission) frequently issue recalls for medical devices, drugs, and products that may be harmful to consumers.
If you have experienced a problem with a defective product in your automobile, especially if a defective part has led to an auto accident or personal injury, and a proper vehicle recall notice has not been issued, you may be entitled to compensation. The attorneys at the Strom Law Firm can help. We can help you with complicated auto insurance claims, and make sure you receive the compensation you deserve to help you with lost income and medical bills. Our attorneys are licensed to practice in South Carolina, Georgia, and New York. We offer free, confidential consultations to discuss the facts of your case, so contact us today at (803) 252-4800.
Personal Liability Included in DUI Death SettlementLast May, Justin Timmerman was run over in Five Points and dragged to his death by an SUV driven by a very intoxicated driver. The driver turned out to be William Carlen, the 24-year-old son of the late Jim Carlen, who was arrested for felony DUI. William Carlen had a history of DUI convictions, and the Timmerman family took him to court for the DUI death.
In January, Timmerman’s family received $975,000 in a personal injury suit against Jake’s Bar & Grill in Five Points. The bar was brought to court in the DUI personal injury lawsuit because they violated a South Carolina law that states that bars cannot serve patrons who are intoxicated. William Carlen was shown on surveillance footage to have entered the bar twice the night of the accident, and had a bar tab that “totaled almost $200.”
Carlen’s felony DUI criminal case has not yet gone to trial. However, the Timmerman family brought a wrongful death lawsuit against the Carlens, because William Carlen had a history of DUI arrests, and his family knew it.
Jim Carlen lent the SUV to his son, even though he knew the man had a history of DUI charges and arrests. That made Jim Carlen and his estate personally liable. The elder Carlen also provided his son with a credit card, which the son used at bars and night clubs to purchase alcohol.
Jim Carlen died last July, a few months after his son’s arrest on DUI charges. His estate is now liable for the personal injury lawsuit.
At the time of the accident, William Carlen had a blood alcohol level of .20 – more than twice the legal limit of .08 in South Carolina.
William Carlen and his mother Meredith Carlen settled at $1.3 million, most of which will be paid by insurance companies. However, the two survivors of Jim Carlen are personally responsible for $275,000.
Pleading guilty to a DUI charge without the advice of a lawyer can have lasting personal and professional consequences including:
A person will be charged with a felony for driving under the influence of alcohol, drugs, or both, if while operating the vehicle under the influence, the person causes “great bodily injury” or death to a person other than himself including a passenger, pedestrian, another driver. Great bodily injury is defined by the state of South Carolina as bodily injury, which creates a substantial risk of death or which causes serious or permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Additionally, if the injured person dies from related complications (such as a coma) within three years of the DUI-related injury, the driver may be implicated in the death. Upon conviction of a felony DUI by jury, the accused faces a minimum mandatory prison sentence and fine.
Are you or a loved one facing a felony charge resulting from a drunk driving accident that caused serious injury or loss of life to another? The criminal defense and felony DUI lawyers at the Strom Law Firm, LLC provide a no-fee consultation to discuss the facts of your DUI case and to discuss whether to plead guilty or not guilty. Do not hesitate to contact us for help.803.252.4800
Deaths of drivers aged 16 and 17 dropped again in 2012, according to the South Carolina Department of Public Safety’s Office of Highway Safety. That means fewer teen deaths related to distracted driving.
This record is in keeping with South Carolina’s long-range trend as well. The number of teenage driving deaths, including from distracted driving, has been declining since 2003.
13 teenagers died in car accidents in 2012, according to statistics.
AAA Carolinas Traffic Safety Foundation president Tom Crosby believes that the decline in teenage and distracted driving deaths in the last few years has been more related to the economy than government initiatives or legislation. As the economy picks back up, there will be more teen deaths, because more teens will be driving more,” Crosby predicted. He recommended that South Carolina adopt a graduated youth driver’s license, which means kids spend more time behind the wheel with parental supervision before they can drive on their own.
The national average, however, went up last year.
According to the Governor’s Highway Safety Association, deaths of 16- and 17-year-old drivers in traffic accidents was up in the first six months of 2012 by 19%, compared to 2011.
Between January and June of 2012, 107 16-year-old drivers died, due to distracted driving and other causes. In the first half of 2011, that number was just 86.
Deaths of 17-year-old drivers rose as well: 116 in the first half of 2011, compared to 133 in the first half of 2012.
The report is based on preliminary data from each state, which sometimes changes as more information comes in. The National Highway Traffic Safety Administration will release more data later in the year.
Twenty-five states reported increases, seventeen – including South Carolina – had decreases, and eight states and DC reported no change in overall teenage and distracted driving deaths.
Over the last ten years, the national average of teenage and distracted driving deaths has dropped dramatically – so, while it is concerning that the number is on the rise, the overall national trend, like the trend in South Carolina, is decreasing. In 2000, 435 16-year-old drivers died in car accidents. The total for 2011 dropped drastically to 173.
The long-term decline in teenage and distracted driving deaths seems to coincide with a gradual national decline in general traffic fatalities, which is also on the rise again. The National Safety Council reported that traffic fatalities rose 5% last year, which is the first increase since 2004 to 2005.
A study in May last year found that use of electronic devices was the most common form of distracted driving for teens. In a technology-fueled world, young drivers can often find themselves distracted by as many as three different devices at once (including cell phones, iPods, and GPS’s).
Interestingly, distracted driving tendencies were related to gender. According to the study:
The findings are noteworthy as distracted driving contributes to South Carolina traffic accidents, injuries and fatalities.
Whether the distraction is eating, putting on makeup, talking on a cellphone, or even just daydreaming, distracted driving can lead to an accident, causing serious personal injury or even death.If you have been injured by an accident caused by distracted driving, the South Carolina accident attorneys at the Strom Law Firm, L.L.C. will fight for fair compensation for your injuries. Our South Carolina car accident lawyers are prepared to fight for compensation in the courtroom and will defend your right to compensation for your past and future medical bills, lost wages and future earnings, your pain and suffering, and, in the event of a fatal car accident, even wrongful death. Contact us today for a free consultation. 803.252.4800.
Turn on the news any given day and you will hear about a car accident or another state that has passed a “No Texting While Driving” ban.
Accidents caused by distracted driving are a common occurrence. While everyone knows that cell phones and GPS devices can cause you to be distracted while driving and potentially result in a car accident, do you recognize external distractions?
The most common form of distracted driving is distraction caused by texting, talking, or otherwise using a cell phone or media device. While you may think you are only diverting your attention away for a second and it’s no big deal, your inattention may cause an accident.
Another cause of distracted driving may be outside noise or distractions. Driving with your windows down could potentially cause an accident. The windows may cause papers to fly around or bugs to enter in the vehicle. The noise from a crowd outside a vehicle may also cause distractions.
Heated discussions can also divert your attention. It is important to recognize that when you are talking with your children or significant other you may become so focused on the heat of the moment that you lose sight of what is happening on the road.
Lastly, eating, drinking, and applying makeup are major causes of distracted driving. If you are hungry, pull over and eat. If you are putting on makeup, do it before you get behind the wheel.
Distracted driving comes in many forms. Taking your eyes off the road for even the shortest period of time can cause an accident. Avoid distracted driving at all costs.
If you or someone you know has been in a South Carolina car accident involving a distracted driver, call us at 803-252-4800. The South Carolina Accident attorneys at the Strom Law Firm will fight to obtain the compensation you deserve.
A pending court case in New Jersey may determine whether there are legal consequences for texting someone when they’re behind the wheel.
In 2009, Kyle Best hit a couple on their motorcycle while responding to a text sent by Shannon Colonna. The couple both lost their left legs and have not only brought a suit against Best, but have also included Colonna in the complaint for her role in the injury.
Texting while driving is already illegal in 38 states. Now, this precedent-setting case could determine if the person on the other side of the text message is just as responsible as the distracted driver.
The couple’s lawyer, Stephen Weinstein, told ABC News that while Colonna may have not been physically present, she was still electronically present.
However, Colonna’s lawyer argues that she had no control over when Best decided to read the text message and did not even know he was driving.
According to a deposition, Best said that at the time of the crash he glanced down at his cell to see who texted him, but a time sequence of the exchanged texts read in court show he was the last to text before the crash, meaning there was no intervening text from Colonna between Best’s last text to her and his 911 call.
Colonna’s attorney argues that, unlike a passenger who encourages a young driver to speed or ignore traffic signals, Colonna had no control over Best’s actions since she wasn’t in the car.
South Carolina Auto Accident Lawyers
A new study examining teenagers and risky behavior found teens are smoking marijuana more than cigarettes, and texting while driving more than driving under the influence.
The study, conducted by the Center for Disease Control, shows that nearly one in three teens admitted to sending a text or email while driving within a 30-day survey period.
The study further found that as many as one in six teenagers have been bullied through text messaging or social media within a 12-month survey period.
Although the increase in texting and marijuana use is concerning, the study highlighted a drop in the number of students who admitted to drinking and driving and/or riding with someone who had been drinking.
The study also found that cigarette smoking in teens decreased from 19 percent to 18 percent from 2009 to 2011. For that same period, however, marijuana use increased from 21 percent to 23 percent. Although this is not a large increase, it translates to more teens smoking marijuana than cigarettes.
South Carolina Accident Attorney
If you or a loved has been injured as the result from someone texting while driving, call the South Carolina Accident Attorney at the Strom Law Firm, LLC. Your South Carolina Accident Attorney will fight aggressively to get you the compensation you deserve. Call a South Carolina Accident Attorney at the Strom Law Firm today for a free consultation. 803.252.4800.
Two Missouri high school girls died in a tragic train accident while their car was parked in the middle of train tracks during a deadly game of what the teenagers called “Ghost Train.”
15-year-old Victoria E. Swanson and 17-year-old Haley Whitmer, were playing a game with three other teens. They would drive out to a popular set of railroad tracks, fog up the windows and tell ghost stories.
According to police, the teenagers had played the game many times before. The idea was to let your mind play tricks on you and if a real train appeared, to simply drive away.
But when the teenagers heard the train coming and tried to drive away, the Jeep wouldn’t restart. While the others in the car were able to escape, Swanson and another girl panicked and weren’t able to get out of their seatbelts in time.
In a heroic act of bravery, Whitmer ran back toward the car to try and help them just as the train smashed into the vehicle.
She was able to free Kaitlyn Fowler, who is currently in critical condition at St. Francis Hospital in Cape Girardeau with serious personal injuries.
No one on the train, which was traveling from St. Louis to San Antonio, was injured.
The railroad tracks where the crash happened have long been the subject of ghost stories and urban legends. Locals say the teenagers were obsessed with sitting on the tracks and trying to catch a thrill.
The coroner said the teenagers weren’t under the influence of drugs or alcohol when the train accident happened, and that the Jeep must have had electrical issues.
According to the US Department of Transportation, there are approximately 5,800 vehicle train accidents each year in the United States. Train accidents typically occur at railroad crossings. As a result of these train accidents, each year 600 people are killed and another 2,300 people are injured. Train accidents are often the result of the railroad’s neglect, whether due to the negligence of the operator or improper maintenance of the railroad.
Questions about this article? Contact the Strom Law Firm, LLC. 803.252.4800
South Carolina Auto Accident Lawyer
Startling new information about our Midland’s highways has police warning drivers to be extra cautious on the roads. As we enter “the 100 deadliest days of summer,” drivers should take extra caution when traveling down I-26, I-77, I-20, and throughout Richland and Lexington Counties.
As of May 23, 2012, The State reported that Lexington and Richland counties ranked No. 1 and No. 2 of all 46 S.C. counties for the number of people killed as the result of an auto accident.
According to the report, 27 road deaths have occurred in Lexington County since January 1, 2012. Twenty-two road deaths have occurred in Richland County since January 1, 2012. These numbers are significantly up from last year; most counties have reported far fewer highway deaths.
Lexington County Sheriff James Metts said speeding and DUI have been major contributing factors in highway deaths. Law enforcement has taken notice and is cracking down.
State Highway Patrol Sgt. Kelley Hughes told The State that surprisingly they arrest more drivers for DUI during the day and during the week than on the weekends.
As motorists take trips to the lake and enjoy other summer activities, Department of Public Safety officials kicked off a public relations campaign to mark the upcoming “100 deadliest days” of the year – marked by Memorial Day at summer’s beginning and ending on Labor Day.
Officials say that typical negligent actions such as speeding, distracted driving, and texting while driving, all contribute to roadway deaths that could otherwise be avoided.
Wearing your seat belt, driving sober, and watching out for other drivers can help prevent a deadly accident and curb the rising statistics.
