Company Liable for Trucking Accident Case

trucking accident case

Judge Holds Company Liable for Affiliate in Trucking Accident Case

trucking accident casePlaintiff Michael Stratton lost his wife in a trucking accident in 2009, when a truck driver caused a crash on the New York Turnpike because he was watching pornography while driving. The truck driver is currently in jail on second-degree manslaughter charges.

However, Stratton also took the truck company to court for the trucking accident case, alleging that the company had liability for the behavior of its employees. Initially, Western District Magistrate Judge H. Kenneth Schroeder held to the Graves Amendment, a 9-year-old law that protects rental car and trucking companies from liability in the event of an accident involving one of their affiliates.

Now, in what is called a landmark decision for New York State, the Hon. Rchard Arcara ruled that the trucking company should be held vicariously liable for negligence in the trucking accident. Attorneys for Stratton said that many trucking companies around the country have reorganized themselves to take advantage of their release from liability in the event of a trucking accident. The Graves Amendment holds that contracts in which the trucking company and the truck driver are affiliated only through an “arms-length” contract, then the owning company is not liable for the truck driver’s negligence, as long as the owner was not negligent.

Judge Arcara argued that trucking companies are often bound to their drivers by more than just a lease agreement on the truck. The plaintiff’s attorneys argued that the trucking company should be financially liable, such as in a civil suit, for damage caused by the truck operator, if the operator is using the vehicle with the owner’s permission – as in the case of contracts between drivers and trucking companies.

“In this case, the (parent company) had total control. It was all the same company, the same family, the same people running it,” said Francis Letro, one of the attorneys for Stratton.

“This is far different from the situation in which Great River finds itself,” Arcara wrote. “There is no suggestion that Great River is constrained in the same manner as rental and leasing companies that hold themselves out to the general public.”

Trucking Accidents Can Cause Serious Injury and Wrongful Death

Accidents involving heavy commercial vehicles such as semi tractor trailers, flatbed or tanker trucks, buses, or construction accidents can often result in a serious injury or death.

Many times truck drivers cannot see in certain blind spots around their large 18 wheeler.  You will also find that many truck drivers do not follow the speed limits and rules of the road.  They are pressured by deadlines and DOT regulations are often racing to get to their destination.

Tractor trailer accidents can also occur as the result of driver fatigue.  Drivers may get distracted or even fall asleep at the wheel, leaving them unable to avoid a trucking accident. Injuries sustained in these types of accidents can be disabling. Accidents involving heavy commercial vehicles can cause:

  • traumatic brain injury,
  • paralysis,
  • severe disability, and
  • even death.

The Strom Law Firm, LLC can help you if you have been injured in a trucking accident. With careful analysis and investigation we will look at critical factors including:

  • maintenance and equipment records for the truck;
  • whether the truck load was appropriate, properly sized and within the weight limit;
  • Weather, road, and grade conditions;
  • whether the driver was operating within DOT regulations.

If you or a loved one has been such a victim, contact the Strom Law Firm, LLC trucking accident lawyers. Whether you were injured in a bus accident, tractor trailer accident, or any other commercial vehicle accident, we can help.

Multistate Traffic Safety Campaign Up for Labor Day

Traffic Safety Campaign

SC, NC, GA Take Part in “Hands Across the Border” Traffic Safety Campaign for Labor Day

Traffic Safety CampaignAn estimated 1.5 million people will travel through the Carolinas this Labor Day weekend, according to AAA Carolinas. About 90% of those traveling will be driving, which means traffic safety becomes very important for end-of-summer celebrations.

South Carolina, North Carolina, and Georgia have teamed up for Hands Across the Border, a multistate and multiagency traffic safety campaign that will crack down on intoxicated and distracted driving during the holiday weekend.

The traffic safety campaign includes increased police coverage, which began on Tuesday evening, August 26th. On that night, 96 police officers from 20 agencies patrolled the streets to improve traffic safety as residents begin celebrating Labor Day and the end of summer.

Traffic safety checkpoints will be set up along state boundaries so officers can check for drunk drivers, drivers with suspended licenses, reckless drivers, and distracted drivers. The checkpoints will remain in place through Labor Day, September 1st.

The Hands Across the Border traffic safety campaign not only catches drunk and distracted drivers, but has a history of catching fugitives, drug offenders, improperly-secured children in car seats, and drivers with outstanding warrants.

AAA Offers the Following Defensive Driving Tips to Avoid a SC auto accident 

  • Manage your time, visibility and space on the road. Leave three to four seconds of following distance between you and the vehicle in front of you.
  • Reduce blind spots:  adjust your side mirrors so you can no longer see the side of your car. Although it may seem awkward, it nearly eliminates blind spots in most vehicles.
  • Avoid internal and external distractions while operating your vehicle.  Pay attention to the road in front of you and vehicles around you as opposed to the radio, other passengers, mobile devices or activity on the side of the road. Avoid eating, grooming, or applying makeup while behind the wheel.
  • Do not drive drowsy. Get a full nights rest before any long trips and if you feel yourself nodding off, pull into a rest area or service station and move around to wake your body up before continuing down the road. Alcohol affects your judgment, reaction time and motor skills. It is never safe to drive after consuming alcohol.
  • Do not text and drive.
  • Don’t drink and drive. Alcohol affects everyone differently and its impact can change significantly when mixed with medications.  Consult your pharmacist for information on driving safely with all prescription and over-the-counter medications

The Strom Law Firm Can Help with Personal Injury Cases from Traffic Safety Accidents

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 traffic safety violations such as drunk or 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.

Columbia In Top 200 Cities for Traffic Safety

traffic safety

Columbia Falls in Top 200 List of Cities with Safest Drivers, Traffic Safety

traffic safetyAccording to Allstate America’s Best Drivers report, Columbia, SC ranks 154th out of 200 cities in the United States surveyed for traffic safety and other driving concerns.

Columbia lost a few positions this year – in 2013, the city ranked 137th for driver and traffic safety. Augusta ranks 79th safest, while Atlanta, GA ranked 179th, and Charlotte, NC ranked 127th.

Allstate uses several metrics for traffic safety, including total number of collisions, minor and major, as well as population density and weather patterns. The insurance agency said that the traffic safety incidents were spread evenly across all age groups, and were not caused by young drivers like college students. Columbia has several colleges in the area.

“Give [traffic safety data] to the local areas, let them determine what needs to be done as far as what the city of Columbia and the state of South Carolina may need to do to make that safer,” said Allstate agency owner Kevin Shealy.

According to Allstate’s findings, Columbia residents will have a car accident once every 8 years.

Columbia may regain some points in the next year or so, however, as South Carolina recently passed a state-wide ban on texting and driving, which is one of the leading causes of traffic safety problems and car accidents. A recent study showed that texting and driving is just as dangerous as drunk driving. Allstate’s number one recommendation to improve traffic safety is for each driver to put down his or her cell phone and avoid other distractions while on the road.

However, another recent study showed that South Carolina’s roads are in terrible condition, creating numerous traffic safety problems. According to TRIP, a national transportation research group, the disrepair of South Carolina’s roads led to 3.99 deaths related to traffic safety problems and car accidents for every 100 million miles traveled in 2012 alone.

Injured in a South Carolina Car Accident?

If you have been injured in a Columbia, South Carolina automobile accident, our SC accident attorneys will fight for fair compensation for your injuries.  We will focus on making sure that you receive fair compensation for your injuries while you focus on getting better.  If you are facing mounting medical bills, lost wages, and have sustained life altering injuries, you are not alone.  We are here to help. We offer a free consultation to discuss the facts of your case.  803.252.4800

Updates to Distracted Driving Laws Could Lead to Cell Phone Ban

distracted driving law

San Antonio Lawmaker Seeks to Ban Cell Phones in Distracted Driving Law

distracted driving lawA lawmaker in San Antonio has proposed updates to local distracted driving laws that would mean drivers cannot not use cell phones at all while in their vehicles.

Mike Gallagher, from District 10, proposed a revision to San Antonio’s local distracted driving law, which was passed in 2010. The ban currently prohibits use of any handheld mobile devices while driving, except for dialing phone numbers and talking on the phone. Gallagher’s latest proposal would ban even talking on a cell phone, because it can cause distractions while on the road.

“The main thing has to do with hand-held devices. In other words, if you’re driving down the road, if you can talk to somebody without using hand-held devices you’re fine, but it’s those people that are holding something in their hands,” said Gallagher.

“While the city took a step in the right direction with the distracted driving ordinance, I believe there is more we can do to improve public safety and reduce the distracted driving hazard,” Gallagher said.  “That is why I have requested that city staff examine the current ordinance related to the ban on the use of hand held mobile communication devices and add a provision stating that they may only be used in a ‘hands free capacity, unless in an emergency situation.”

“Remember, driving is not a right, it is a privilege,” Gallagher said.  “We owe it to other drivers on the road and ourselves to operate a vehicle in the safest manner.”

Texting and driving, if not other forms of distracted driving, has surfaced as one of the leading causes of death among teenagers and young adults, higher even than drunk driving. The distracted driving practice also has as high a mortality rate for the general population as drunk driving, according to studies. South Carolina recently passed texting and driving legislation, making it the last Southern state to do so. However, the state allows drivers to talk on their cell phones, use GPS, and change radio stations, which are all activities that can cause distracted driving accidents.

Distracted Driving in South Carolina

Distracted driving includes:

  • texting and driving
  • talking on or playing with a cell phone
  • eating or drinking
  • talking to passengers
  • grooming or putting on makeup
  • reading books, newspapers, or even a map
  • using a PDA or navigation system
  • watching a video or playing on a computer or tablet
  • playing with the radio, a CD or an iPod

It’s a common occurrence to see distracted drivers cruising down South Carolina roads and interstates.  Whether the distraction is eating, putting on makeup, talking on a cellphone, or even just daydreaming, the effects of a South Carolina distracted driving accident can result in life altering and even deadly consequences.

The Strom Law Firm Helps Those Injured by Distracted Drivers

If you have been injured by a distracted driver, the South Carolina distracted driving 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. Our attorneys offer free, confidential consultations to discuss the facts of your personal injury case for distracted driving, so contact us today. 803.252.4800.

Man Arrested for Boating Accident

boating accident

Man Faces Charges in Boating Accident that Led to Death

boating accidentClarendon County police and officers from the SC Department of Natural Resources have arrested a man on charges from a boating accident in July that killed a University of South Carolina student.

The boating accident that occurred on Lake Marion last month led to the death of 21-year-old Haley Joanne Bordeaux of Sumter, who was attending USC. Her boat was hit by 38-year-old Chad Morris on July 4th, who then left the scene of the crime.

July 4th is a common time for boating accidents and deaths, as Independence Day celebrations often occur outside and on the water during the hottest days of summer.

Morris has been charged with reckless homicide and failure to render aid. Bordeaux was on the boat with her boyfriend and two other friends, none of whom were injured in the boating accident. The group had pulled their boat up to a landing when Morris’s craft struck them, severely injuring Bordeaux who was taken to a hospital. She was pronounced dead later.

Morris was released from jail on a $40,000 bond.

Boating Accident Injuries in South Carolina

South Carolina is home to 2,876 miles of shoreline and 437,672 acres of lakes including Lake Murray and Lake Wateree.  This creates seemingly limitless opportunities for recreational activities on Lake Murray and Lake Wateree and along the South Carolina coast. Unfortunately whether sailing, or riding a jet ski, recreational water sports also create the opportunity for a water related injury.

Boating is an activity that thousands of people in South Carolina participate in throughout the year.  Unfortunately, no matter how many precautions are taken, boating accidents can and do occur. A boating accident does not occur as often as a car accident; however, it can be just as deadly. A crash or explosion can result in a fire and injure people around the boat.  A negligent boater can permanently disable or even kill innocent passengers in a split second.

Boating accidents are commonly the result of:

The insurance companies who most often defend at-fault drivers spend millions of dollars teaching their adjusters how to successfully deny claims. Do not let insurance adjusters take advantage of the situation by settling your claim for as little as possible. If you have been in a South Carolina boating accident, it is important that you understand your legal rights.

The Strom Law Firm Can Help with Injury Cases from Boating Accidents

If your boating accident injuries are the result of someone else’s negligent actions, you may be entitled to compensation. The South Carolina boat accident attorneys at The Strom Law Firm, LLC, will fight hard to obtain the compensation that you deserve. We offer a free consultation to discuss the facts of your case, so do not hesitate to contact us.803.252.4800.

Driver In NYC Tour Bus Crash Arrested for DUI

bus crash

Tour Bus Driver Arrested for DUI After Bus Crash Causing Numerous Injuries

bus crashThe driver of a double-decker tourist bus in New York City has been arrested on DUI charges after causing a bus crash with another tour bus late on Tuesday night.

The tour bus crash occurred around 8:30 PM on Tuesday evening. A Gray Line bus, carrying five passengers and a tour guide, came to a legal stop with its lights flashing, when the CitySights bus – which only had the driver and a tour guide on board – crashed into the right rear of the Gray Line bus. The tour bus crash caused the Gray Line bus to jump onto a side walk and knock over a light pole, injuring several pedestrians. Three pedestrians had serious but not life-threatening injuries, while others sustained minor injuries.

“We are very, very fortunate that there were not more injured,” a deputy fire chief, Roger Sakowich, said.

William Dalambert, 58, was arrested on DUI charges after failing a field sobriety test. While a Breathalyzer test did not register any alcohol in his blood stream, arresting officers said the driver was clearly impaired, and was taken to jail for a blood test. The results of the blood test have not been released.

“Twin America is committed to the highest standards of safety and customer service and in addition to cooperating with local authorities, we are simultaneously conducting a thorough internal review of our safety rules and driver protocols,” said David Chien, a spokesman for Twin America, which is the parent company of both bus lines.

Driving under the influence, whether it is from alcohol or drugs, is a serious offense in all 50 states. DUID charges in South Carolina can lead to jail time and fines, and injury along with a DUI can lead to felony charges.

DUI Accident and Wrongful Death Litigation in South Carolina

car accident can transform a routine drive into a life-changing catastrophe. Every year, thousands of drivers end up in a South Carolina car wreck, and on average about 800 of them will lose their lives.

Typical causes of car accidents include driving under the influence of drugs or alcohol (referred to as driving under the influence, or DUI), automobile defect, failed maintenance, failing to be careful, speeding, running stops signs or stop lights, failing to yield the right of way, not paying attention because of using cell phone or PDA, adjusting radio or DVD player, or eating while driving.

If a loved one dies as a result of the negligence, recklessness, DUI, 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:

The Strom Law Firm Can Help with DUI Car Accident Injury and Wrongful Death Cases

Although many of the people we represent in these cases are from right here in South Carolina, our lawyers routinely take clients from throughout the Southeastern U.S. and, in certain types of product liability or pharmaceutical cases, from across the country as well. If you or a loved one has been injured or killed through no fault of your own, whether from a defective product or in a DUI car accident, you may have a personal injury or wrongful death case. Contact the South Carolina personal injury accident attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

 

Parents Are Largest Cause of Teens’ Distracted Driving

distracted driving

Teenage Distracted Driving is a Problem Parents Contribute To

distracted drivingTeenagers are one of the largest problem groups when it comes to distracted driving, especially from talking on the phone or texting and driving. However, a new study shows that the cause of a teen’s distracted driving is, more than half the time, due to an interruption from their parents.

Parents call their children while the teenagers are driving, the study shows, and 53% of teenagers involved in the study of 408 teens said they answered the phone if a parent was calling them.

The American Psychological Association presented the study at their annual convention.

“Teens told us parents really expected to keep track of them, and they are expected to answer the phone if the parent calls. In some cases, the parent might continue to call until the teen answers,” says Noelle LaVoie, a psychologist in Petaluma, Calif., whose private research firm conducts corporate and government studies.

The research included interviews of teenagers 15-18, who were in their first few years on the road, in 31 states.

Distracted driving is the leading cause crashes among drivers of all ages, according to a 2013 study by the National Highway Traffic Safety Administration (NHTSA), and is as dangerous as drunk driving. Distracted driving causes 11% of fatal car crashes involving teenagers, and 2,700 teens between 16 and 19 years old are killed every year because of the problem.

“One of the things teens talked about is the fact that parents used their cell phone while driving,” LaVoie says. “It was just very surprising to see how directly parents are involved … What we do know for sure is if parents would not call their teens while they’re (kids) driving, it would reduce teen distracted driving.”

Another distracted driving survey, presented on Thursday, August 7th, researchers asked college students about the things that caused their distracted driving the most – 89% answered that they placed cell phone calls while driving, while 79% texted while driving.

“Younger drivers seemed overconfident in their ability to multi-task,” says co-author Keli Braitman, an assistant professor of psychology at William Jewell College in Liberty, Mo.

“This is a very critical reminder of the importance parents play in making sure their teens are safe drivers,” said Jonathan Adkins, executive director of the Governors Highway Safety Association in Washington, D.C., who wasn’t involved in the research.

“The biggest [strategy] is through education with parents,” Adkins added. “They have to change the culture so it’s no longer acceptable for anyone to use their cellphone and drive. This is a wake-up call for good parenting.”

The Strom Law Firm Helps Those Injured by Distracted Drivers, Including Texting and Driving

If you have been injured by a distracted driver, 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. Our attorneys offer free, confidential consultations to discuss the facts of your personal injury case for distracted driving, so contact us today. 803.252.4800.

School Bus Cameras Used to Enforce Traffic Safety

traffic safety

New Law Allows Better Enforcement of Traffic Safety with School Bus Cameras

traffic safetyA new South Carolina law allows police to better enforce traffic safety laws, and ticket drivers who illegally pass school buses when the “Stop” arm is out, by using the built-in school bus cameras.

According to a WIS investigation, in one single day of the 2012-2013 school year, there were 560 traffic safety violations involving drivers illegally passing school buses. This practice has led to several pedestrian accidents and even fatalities when children get hit by cars.

The law was signed in June and as of August has officially gone into effect. Law enforcement officers can review security video from school buses for traffic safety violations, where previously, officers had to rely on witness reporting, unless a pedestrian or other driver was injured or killed.

Sen. Thomas Alexander, R-Walhalla, helped push the bill through the state legislature to Governor Nikki Haley’s desk. The measure stalled in a subcommittee until mid-May, when a car struck a 15-year-old Gaffney High School student as she crossed the street to her bus. Alexander distributed photos of the crime scene to his colleagues to emphasize the disastrous consequences if they did not act.

“My goal is to have better compliance,” said Alexander, R-Walhalla, who introduced the measure in May 2013. “It’s not about the tickets but the safety of the children.”

Alexander’s bill simply makes traffic safety around school buses more enforceable, and does not change the penalties for violating school bus traffic safety, which are steep. There is a minimum fee of $500 for school bus traffic safety violations, plus six points off the driver’s license for the first misdemeanor conviction; additional convictions raise the fee to $2,000. Misdemeanor becomes felony in the event of an injury.

Officials say that school bus traffic safety violations are mainly due to inattentiveness – looking at cell phones or distracted in other ways.

“We support law enforcement cracking down on aggressive drivers and keeping our children safer,” said education spokesman Dino Teppara.

The Department of Public Safety scheduled a news conference for Thursday, just ahead of the beginning of the 2014-2015 school year. Meanwhile, school districts are installing exterior cameras on random buses on a pilot basis, to determine which camera system works the best.

The Strom Law Firm Can Help South Carolina Drivers with Reckless Driving and Accident-Related Charges

South Carolina drivers face serious penalties from law enforcement if they practice reckless driving, drunk or impaired driving, or fail to use their seatbelts. In SC, if you accumulate a total of 12 points your license may be suspended.  Your license may also be suspended if you fail to pay your traffic ticket within 12 months of the day it is issued.

If you have been pulled over and charged with reckless driving, distracted driving, texting while driving, or other traffic safety offenses, you may need a solid defense to help lower your ticket or keep you out of jail.
 Whether you are charged with a two-point violation, four-point violation, or even a six-point violation, you need to make sure that your driver’s license is protected. Defense attorneys at Strom Law Firm, LLC offer free, confidential consultations to discuss the facts of your case. Contact us today at 803.252.4800

Study Shows Texting and Driving Legislation Works

texting and driving

New Study Shows That Laws Work to Prevent Texting and Driving Accidents

texting and drivingA new research study published in the American Journal of Public Health shows that texting and driving legislation is the most effective means of preventing that type of distracted driving accident.

Texting and driving has surfaced as one of the leading causes of death among teenagers and young adults, higher even than drunk driving. The distracted driving practice also has as high a mortality rate for the general population as drunk driving, according to studies. South Carolina recently passed texting and driving legislation, making it the last Southern state to do so.

The latest research study, published in the August edition of the journal, analyzed traffic data over an 11 year period, and looked closely at traffic patterns and car accident data in which police officers specifically stopped drivers for texting and driving (called primary enforcement laws). The study also looked into the effectiveness of other texting and driving laws, which ban the practice but allow police to write tickets only if texting and driving also impacts other traffic laws.

Research showed that primary anti-texting and driving laws were the most effective, preventing an average of 20 vehicular accident deaths per state, per year.

Currently, 45 states ban texting and driving, with 39 of those using primary enforcement – more than the 33 that allow police to pull drivers over for not wearing a seat belt.

There are 3,300 fatalities related to distracted driving car accidents per year in the United States. The CDC reports that 31% of 18-64 year old drivers in the US admit to having sent a text while operating a vehicle in the past 30 days.

South Carolina’s Texting and Driving Law Officially In Effect As Of June 2014

On Monday, June 9th, South Carolina Governor Nikki Haley signed the state’s texting and driving ban into law. The texting and driving ban went immediately into effect after Governor Haley signed it.

The ban covers writing or reading texts, emails, or social media sites while operating a vehicle. South Carolina is the 45th state to pass this legislation. Prior to the statewide ban, local municipalities took matters into their own hands. Greenville, Beaufort, and Charleston Counties all passed texting and driving legislation to protect their citizens.

The number of local governments banning texting and driving spurred the successful statewide ban. “At least we have an overall texting bill that makes the entire state exactly the same. The way it was, nobody knew what the texting law was when they drove from one county to the next,” said Rep. Don Bowen, R-Anderson, who’s fought for a statewide ban since 2010.

“In a state not well-known for regulating behind-the-wheel behavior, legislators are saying, ‘Your decisions behind the wheel have consequences for everyone because you endanger everyone else as well as yourself,’” said Tom Crosby, spokesman for AAA Carolinas. “It’s a great start.”

A “training period” of 180 days will go into effect once the texting and driving ban is signed into law, during which time police will issue warnings rather than tickets.

The Strom Law Firm Helps Those Injured by Distracted Drivers, Including Texting and Driving

If you have been injured by a distracted driver, 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. Our attorneys offer free, confidential consultations to discuss the facts of your personal injury case for distracted driving, so contact us today. 803.252.4800.

Kendall Jenner Accused of Distracted Driving for Instagram Video

distracted driving

Reality Star Kendall Jenner Slammed for Posting Video of Distracted Driving to Instagram

distracted drivingModel, reality star, and member of the Kardashian family Kendall Jenner has been slammed for promoting and taking part in distracted driving after she posted an Instagram video of her and a friend belting an Avril Lavigne song in heavy Los Angeles traffic.

The video shows Jenner, 18, and friend Ashley Skye, 23, screaming Lavigne’s “Sk8r Boi,” looking at one another, and attempting dance moves in their seat – while Jenner clearly does not pay attention to the road.

“Death by distraction is real, and no star or her family should set an example that will likely kill people!” People Against Distracted Driving president Mike Kellenyi tells FOX411. “Kendall’s driving behavior is every parents nightmare.”

Kellenyi became involved in anti-distracted driving organizations after his daughter was killed in a car accident for texting and driving – one of the leading causes of death and car accidents involving young people.

A recent report from the National Highway Traffic Safety Administration showed that distracted driving is just as deadly as drunk driving. Statistics from 2010, the latest year with available data, showed that 17% of the economic cost of traffic accidents came from distracted driving, particularly texting and driving; in contrast, drunk driving had an 18% economic burden, while speeding was the costliest at 21% of the economic cost of all traffic accidents.  Distracted driving accidents can be prevented.

“Two-thirds of teen passenger deaths happen in a car driven by another teenager,” Kelly K. Browning, Executive Director for Impact Teen Driving, said. “Whether as a driver or passenger all occupants play a role in keeping our roads safe. Far too often as in the (Kendall Jenner) video, passengers become an additional distraction.”

“If I were advising Jenner, I would think that the morally responsible thing to do would be to do some sort of outreach to say its a mistake, and its not how people should be driving, and driving is dangerous, and I wasn’t demonstrating safe behavior, and I promise to do better in the future,” said Jason Epstein, attorney and creator of TADD (Teens Against Distracted Driving).

Jenner herself has not yet commented on the distracted driving controversy, nor has she faced any charges from law enforcement.

Distracted Driving in South Carolina

Distracted driving includes:

  • talking on a cell phone
  • eating and drinking
  • talking to passengers
  • grooming or putting on makeup
  • reading books, newspapers, or even a map
  • using a PDA or navigation system
  • watching a video or playing on a computer or tablet
  • playing with the radio, a CD or an iPod

It’s a common occurrence to see distracted drivers cruising down South Carolina roads and interstates.  Whether the distraction is eating, putting on makeup, talking on a cellphone, or even just daydreaming, the effects of distracted driving can lead to an accident, resulting in life altering and even deadly consequences.

The Strom Law Firm Helps Those Injured by Distracted Drivers

If you have been injured by a distracted driver, 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. Our attorneys offer free, confidential consultations to discuss the facts of your personal injury case for distracted driving, so contact us today. 803.252.4800.