SC Sees First Texting and Driving Bans

shutterstock_125832584Municipalities Across Beaufort County Ban or Restrict Texting and Driving

Although South Carolina is currently one of three states in the country that does ban texting and driving, the state could see a no texting and driving law on the books very soon.

In early July, the Hilton Head Island Town Council passed a texting and driving ban in a 4-to-1 vote. Although the ban went into effect immediately, law enforcement officers are first undergoing training. Once that is complete, officers will begin to educate “the general public with traffic stops,” and then the law will be fully enacted.

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Hyundai Airbag Lawsuit Lands Traumatic Brain Injury Victim $14 Million

shutterstock_138514883Victim and His Family Awarded $14 Million After Traumatic Brain Injury Personal Injury Lawsuit

In 2010, then-16-year-old Zachary Duncan ran his car off the road and into a tree, causing a severe traumatic brain injury. He and his family sued Hyundai Motor Corp after the accident because the side airbags failed to deploy.

Now, the jury awarded the family $14 million in damages, because Hyundai’s vehicle was “unreasonably dangerous.”

According to news reports at from 2010, Duncan ran his car off the right side of the road when he sped up, trying to get around his friend’s car in front of him. Duncan hit a snow bank, rolled down the hill, and collided with a tree. The passenger in his Hyundai Triburon was fine, but Duncan slammed his head into the roof rail, causing traumatic brain damage.

In the last three years, Duncan has had to re-learn to walk and talk. He has a difficult time making eye contact. His parents have paid more than $100,000 for his medical expenses. During the lawsuit, his attorney claimed that the traumatic brain damage never would have occurred if the airbag sensor would have worked, and the side airbags deployed.

Hyundai has issued a series of recalls related to faulty airbag sensors. “Hopefully, this will cause automobile manufacturers to really make sure they’re putting safe vehicles on the road,” said Duncan’s attorney in his closing statements.

Hyundai Will Appeal Traumatic Brain Injury Lawsuit Verdict

Although Hyundai admits that there have been problems with airbag sensors in their vehicles, the company says that they disagree with the jury’s decision in the traumatic brain injury lawsuit, and they plan to appeal it.

“While we are sympathetic to this young man and his family, the facts are that (Zachary) Duncan rolled his car into a tree. The roof was crushed by the tree and impacted his head,” said Hyandai spokesman Jim Trainor. “No side airbag in the world would have prevented his injury.”

Hyundai discontinued making Triburons in 2008, and has issued recalls for Triburon model years 2003 to 2008 because of faulty airbag sensors. However, Trainor noted that 2008 model year Triburons – like the one Duncan drove – surpassed federal safety standards, and were awarded four stars in federal side impact crash tests.

The Strom Law Firm Can Help Traumatic Brain Injury Victims

Traumatic brain injuries occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

Traumatic brain injury may be the result of a:

For many victims, a traumatic brain injury is not immediately noticeable. A great amount of force does not need to be applied to sustain a head injury.

If you or a loved one have suffered a traumatic brain injury as the result of an accident, defective product, or negligence, the Strom Law Firm can help. We understand the emotional and financial impact of serious personal injuries. Our firm offers free consultations to discuss the facts of your case, so do not hesitate to contact us. 803.252.4800.

Wrongful Death Lawsuits Filed in BUI Crash from 2010

shutterstock_141571273Families of Victims of Boating Accident in 2010 File Wrongful Death Lawsuits

In May 2010, three friends decided to go camping on an island in Lake Murray late at night. However, the camping trip ended in a deadly crash, killing two of the three boat’s passengers when the boat collided with a second boat on the lake. Now, the victims’ families are filing wrongful death lawsuits against both boat’s drivers. The wrongful death lawsuits were filed this spring by Mary Howk and Lynn Leggette, who allege that their sons’ deaths were caused by recklessness and carelessness on the part of Steven Miller, the victims’ friend, and the other boat driver, David Porth. Both Miller and Porth deny responsibility for the victims’ deaths. However, in 2010, both boat drivers were charged with BUI. Miller faces two counts of felony boating under the influence (BUI), and authorities say that his boat was not displaying the proper lighting required at night. Porth faces one count of felony BUI. So far, no other criminal charges, such as manslaughter, have been levied against either Miller or Porth. The families’ wrongful death lawsuits allege that both boats were speeding, out of control, and failed to yield to each other, leading to the fatal accident. Prosecutors in the case hope to settle the wrongful death lawsuits by the end of the year. “We’ve been working on getting all the parties together,” said Nicole Holland, spokeswoman for the 5th Circuit Solicitor’s office.

Wrongful Death Lawsuits in South Carolina

The unexpected loss of a loved is a very painful experience.  While mourning their loss, surviving family members are often with mounting medical bills, the loss of an income, and sudden expenses such as hospital bills and funeral costs. If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be entitled to damages; money that can help with the expenses caused by the loss of their loved one. Common wrongful death claims arise as a result of a:

A South Carolina wrongful death lawsuit seeks compensation for:

  • Medical bills and funeral expenses
  • Loss of income
  • Loss of consortium and loss of support.

Depending upon the circumstances, our South Carolina wrongful death attorneys may also assert a claim for punitive damages intended to punish the wrongdoer and deter others from engaging in such behavior

The Strom Law Firm Can Help With Wrongful Death Cases

The wrongful death lawyers at the Strom Law Firm, LLC, will help you during this extremely difficult and emotional time. You do not have to face the emotional and financial pain of a loved one’s wrongful death alone. If you or a loved one has been injured or killed through no fault of your own, contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800