Settlement Talks Begin in Comedian’s Wrongful Death Lawsuit Tied to Tracy Morgan Walmart Crash

wrongful death lawsuit

“Jimmy Mack” Family Begins Settlement Talks in Wrongful Death Lawsuit Filed After Tracy Morgan Walmart Car Accident

wrongful death lawsuitIn June of last year, comedians Tracy Morgan and James “Jimmy Mack” McNair were involved in a severe car accident with a Walmart truck, which killed McNair and left Morgan with a serious traumatic brain injury.

About 1 AM on Saturday, June 7th, 2014, Tracy Morgan’s limo van was hit by a Walmart truck on the New Jersey Turnpike. McNair died in the car accident, and Morgan was hospitalized with a broken nose, broken ribs, broken leg, and a traumatic brain injury that left him spending at least 5 months at a skilled nursing facility undergoing physical therapy. Morgan reportedly still suffers physical and mental difficulties due to the tractor trailer accident.

Reportedly, 35-year-old truck driver Kevin Roper had been awake for 24 consecutive hours before causing the tractor trailer accident. Morgan and McNair’s family filed separate lawsuits – Morgan filed a personal injury lawsuit against Walmart for negligence, and McNair’s family filed a wrongful death lawsuit against the retail giant.

The 62-year-old McNair grew up with Morgan in Peekskill, NJ, and was a friend and mentor for decades.

Although Walmart refutes the validity of Morgan’s personal injury lawsuit, the retailer reportedly has begun settlement talks in the wrongful death lawsuit for McNair, which involved McNair’s two children – 26-year-old Jamel, and 19-year-old Danita.

“Nothing will bring back their father,” the family’s attorney said. “But this settlement takes care of them and allows them to carry on their father’s legacy.”

“You don’t have to be a celebrity to make a difference in a lot of people’s lives,” Jamel McNair said. “My dad made a huge difference in a lot of people’s lives.

The terms of the wrongful death lawsuit settlement have not been publicized, and so far Tracy Morgan has not commented on Walmart’s offer. When Morgan filed his own personal injury lawsuit last November, the retailer tried to blame the accident on Morgan and McNair, claiming that their limousine was erratic or dangerous in some way. However, criminal filings against Roper, the tractor trailer driver, allege that he was driving between 60 and 65 miles per hour on the New Jersey Turnpike, which normally has a speed limit of only 55 mph, and at that time had reduced the speed limit to 45 mph due to construction.

“After I heard what Walmart said in court I felt I had to speak out,” Morgan said after the personal injury filing. “I can’t believe Walmart is blaming me for an accident that they caused. My friends and I were doing nothing wrong. I want to thank my fans for sticking with me during this difficult time. I love you all. I’m fighting hard every day to get back.”

The Strom Law Firm Can Help You with Your Wrongful Death Claim

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 South Carolina wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be awarded money for 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 discourage others from engaging in such behavior.

If a loved one is the victim of a wrongful death, through no fault of your own, we may be able to 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.

SC Orders Uber to Halt Services in State

As Uber’s Legal Woes Continue, South Carolina Demands Mobile App Cease and Desist

UberOn Thursday, January 15th, the Public Service Commission of South Carolina ordered popular and infamous ridesharing service Uber to stop its operations in the state.

Uber has faced numerous accusations, including personal injury and wrongful death lawsuits, as the mobile app company expands rapidly across the globe. One of the most common accusations has to do with the company’s employee screening process: although Uber company spokespeople have repeatedly claimed that the rideshare startup company screens its potential drivers as thoroughly or even more thoroughly, than state regulations require, many passengers have said they were victimized.  Allegations include assaults, such as sexual assaults and rapes, as well as other types of personal injury, and even wrongful death accidents.  Many believe that these issues have arisen because the drivers are not screened carefully enough to keep passengers and pedestrians safe.

For example, Uber faces a wrongful death lawsuit in San Francisco, in which a driver who was using the mobile app to pick up a fare while operating his vehicle, struck and killed a 6-year-old girl on New Year’s Day 2014. He hit two other members of the family as well, who survived. The driver himself faces criminal charges for vehicular manslaughter and distracted driving, but the family also filed a wrongful death lawsuit against the ridesharing company because they claim the mobile app nature of the business encourages drivers to use their phones while operating a vehicle.  It’s this mobile nature that can be a deadly combination.

In Chicago, a 22-year-old victim has filed personal injury charges against the company after her Uber driver drugged and sexually assaulted her while she was drunk.

Ridesharing companies like Uber, and its major competitors Lyft and Sidecar, also face accusations that the businesses rely on individual drivers’ personal insurance, which does not provide adequate, if any, coverage for passengers that suffer personal injury in the event of a car crash. These companies recently changed their driver policies to pay for insurance to cover cars while they are working for the rideshare service, but some opponents of the ridesharing services question if the coverage is enough, when these companies still try to dodge responsibility for personal injuries and wrongful deaths, often pointing to the drivers themselves, who are independent contractors with the companies, not full employees.

South Carolina demanded that Uber cease and desist operations in the state because the company refuses to register as a taxi service, which could help customers and drivers in the event of a personal injury or wrongful death claim.

“Consumers benefit from, and deserve choices in, the marketplace,” the directive states. “However, those choices must be consistent with state law intended to protect the public.”

“Despite working closely with the PSC for the past several months on a permanent solution for Uber in South Carolina, today’s actions are unexpected and not reflective of the progress made thus far,” Uber spokesman Taylor Bennett said. “We will challenge the order and remain committed to providing South Carolinians with greater opportunity and choice.”

Uber faces similar regulatory questions in its home base, San Francisco, as safety regulators in the city try to decide who can inspect Uber’s vehicles for safety and emissions regulations.

“We believe the vehicle inspections mentors conduct are very rigorous,” said Chelsea Wilson, a Lyft spokeswoman. “They’ve gone through training and have an exhaustive checklist. We very much stand behind the safety of those inspections.”

However, safety inspections for taxis are much more rigorous than the self-appointed inspectors for Uber and Lyft, so many states have raised concerns about vehicular safety.

The Strom Law Firm Defends Victims of Distracted Driving in Personal Injury and Wrongful Death Cases

If you or a loved one have been injured or killed because of an accident, whether it was caused by distracted driving or DUI, the South Carolina personal injury and wrongful death attorneys at the Strom Law Firm can help. The sooner you hire one of our accident lawyers, the sooner we will be able to investigate your case and the stronger your case will be. We offer free, confidential consultations to discuss the facts of your case, so do not hesitate to call us. 803.252.4800

Uber Driver Faces Criminal Charges Tied to Personal Injury and Wrongful Death Suit

personal injury and wrongful death

Criminal Charges Filed against Uber Driver Related to Personal Injury and Wrongful Death Claim

personal injury and wrongful deathIn the continuation of one wrongful death lawsuit, an Uber driver in San Francisco has been charged with vehicular manslaughter after hitting a 6-year-old girl at a crosswalk last New Years’ while checking the Uber mobile app.

Syed Muzzafar was charged with vehicular manslaughter on Monday, December 29th. On New Year’s Day this year, Muzzafar was reportedly checking the Uber mobile app to pick up a fare when he struck several members of the Liu family as they were crossing at a crosswalk. He injured two, and killed Sophia Liu, 6 years old. Uber now faces a wrongful death lawsuit from the family as well.  Uber maintains that Muzzafar was actually off-duty at the time of teh accident, meaning that the company denies liability for the wrongful death accident. The company also maintains that it is against employment policy for drivers to check the mobile app while driving, because that can lead to dangerous distracted driving accidents.

“The last thing I saw before the Uber driver killed my little girl, and forever changed my life, was him looking down at his phone,” Huan Kuang, the girl’s mother, is quoted as saying in a statement issued by her attorney on Tuesday. “The driver is a man who was working to feed his family and he did wrong, but Uber is the one who makes the drivers look at their phones as part of the way they do business. Uber is just as responsible as Muzzafar, but they say they are not.”

“The design and use of these mobile applications requires drivers to violate the law as they have just seconds to respond to instant messages from Uber or they will lose the fare and receive negative ratings and possible termination of their driver status,” the Liu family’s attorney said in a statement.

Uber has been accused not only of implicitly encouraging distracted driving, which can lead to personal injury and wrongful deaths, but of also failing to screen drivers according to state standards. This can also lead to serious injuries for passengers, including a case involving the rape of a 22-year-old woman.

In Chicago, an unidentified 22-year-old woman said she used the Uber mobile service to catch a ride in November, after a party with coworkers. She was picked up by driver Maxime Fohounhedo, who asked her about 20 minutes later to sit in the front seat with him as he was unfamiliar with the area. Then, he assaulted her in the vehicle and she blacked out; later, she woke up later in an unfamiliar apartment with him on top of her. Fohounhedo has been criminally charged with sexual assault and criminal sexual abuse. However, he is only the latest in a string of accusations against Uber drivers, claiming assault and rape.

The Strom Law Firm Can Help with Personal 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, you may have a personal injury or wrongful death case. Contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

Wrongful Death Lawsuit Filed After Accident on Double-Decker Tour Bus

wrongful death lawsuit

Family Files Wrongful Death Lawsuit Against Double-Decker Tour Bus Company

wrongful death lawsuitAfter a teenager died from striking his head on a freeway overpass while on a tour in an open-air double-decker tour bus, his parents have filed a wrongful death lawsuit against the tour bus company.

Matthew and Amy Zisette are the parents of victim Mason G. Zisette. The couple filed a lawsuit in Los Angeles Superior Court on Tuesday, January 20th, alleging that Starline Tours of Hollywood Inc., the bus driver Jose Barajas Curiel and New Flyer Industries Canada ULC, the manufacturer of the 2000 model bus, failed to warn passengers of potential dangers when passing under overpasses or bridges, and committed serious negligence when allowing tour bus passengers to sit on the top deck.

The incident occurred on July 10th, 2014. The 16-year-old victim reportedly attended a “Sweet 16” party with some friends, who then decided to take a 4-hour sight-seeing tour around the South Bay, focusing on Los Angeles and Hollywood. Mason was a 6 foot, 2-inch varsity tennis player about to enter his junior year at Mira Costa High School in Manhattan Beach.

On the tour’s return trip, the driver took a freeway from Sunset Boulevard and began driving at 60 miles per hour. Mason and some friends were on the upper deck, which was open to the air, admiring the sunset around 7:25 PM when 14-foot tall bus passed under a 15-foot-and-1-inch tall Arbor Vitae Street overpass near San Diego Freeway. The clearance, according to the lawsuit, does not allow passengers on the top deck to safely pass under the overpass, and the tour bus manufacturer, driver, and tour bus company all failed to monitor the passengers, and failed to warn of such a potential danger when passengers signed up for the tour and sat on the top deck.

“This recipe for disaster resulted in the back of Mason’s head impacting the … overpass in Inglewood near LAX,” the suit states. “Mason suffered a traumatic brain injury, fell motionless on the bus floor, never to wake again.”

The teenager died 2 days later, on July 12th.

The wrongful death lawsuit states that Starline Tours has “long been on notice of the risk of instant death presented by these double-decker buses. Despite this notice, (Starline) continues to needlessly and recklessly … transport the public on these double-decker buses.”

Mason’s family seeks unspecified damages in their wrongful death lawsuit.

The Strom Law Firm Can Help with A South Carolina Wrongful Death Lawsuit

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 file a South Carolina wrongful death lawsuit. A SC wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members in a wrongful death lawsuit may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

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

Midnight Rider Reaches Settlement in Wrongful Death Lawsuit

wrongful death lawsuit

Family and “Midnight Rider” Producers Reach Settlement in Wrongful Death Lawsuit

wrongful death lawsuitThe family of a woman killed while working on the set of “Midnight Rider” earlier this year settled a wrongful death lawsuit with the producers of the independent film.

On Wednesday, November 19th, 11 defendants, including producers Randall M. Miller and Jody Savin, agreed to a wrongful death lawsuit settlement with the family of Sarah Jones, who worked as a camera assistant on the set of the film. On February 20th, a freight train barreled through the set of the movie, and Jones was killed after being struck by the train.  Unfortunately, train injuries occur more often than you might think.  According to Operation Lifesaver, there were 2087 accidents in 2013, leading to 929 injuries and 251 fatalities.

“While the crew had been told they would have 60 seconds to remove themselves, the equipment, and the hospital bed from the trestle bridge, the train approached with a rapid speed and the crew had less than 60 seconds to react,” the wrongful death lawsuit stated.

“Richard and Elizabeth Jones’ objectives in filing this lawsuit, after the death of their 27-year-old daughter, Sarah, have been clear and unwavering,” the family’s attorney said in a statement. “To find out what happened on the day of their daughter’s death, determine who was responsible, hold those who made bad decisions accountable and ensure this kind of tragedy never happens again on another film set. Today, we are another step closer to fully achieving those objectives.”

The wrongful death lawsuit  claimed that the “Defendants’ negligence actually and proximately caused Sarah’s injuries and death, rendering Defendants liable to Plaintiffs’ for Sarah’s injuries, pain and suffering, the value of her life, and all other elements of damages allowed under the laws of the State of Georgia.”

The terms of the wrongful death settlement have not been disclosed.

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 file a South Carolina wrongful death lawsuit. A SC wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members in a wrongful death lawsuit may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

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 A South Carolina Wrongful Death Lawsuit

The Columbia, SC 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

NASCAR Driver, Tony Stewart, Could Still Face Wrongful Death Lawsuit

wrongful death lawsuit

NASCAR Driver, Tony Stewart, Cleared of Criminal Charges, Faces Wrongful Death Lawsuit

wrongful death lawsuitAfter an horrific crash that killed one NASCAR driver, Tony Stewart, the driver responsible has been cleared of criminal charges and liability, but the victim’s family may still pursue a wrongful death lawsuit.

In August of this year, driver Tony Stewart accidentally struck and killed fellow NASCAR driver Kevin Ward, Jr. in a sprint-race.

The accident occurred at Canadaigua Motorsports Park, when Ward reportedly pulled over and exited his vehicle, attempting to flag down Stewart in what appeared, according to surveillance footage, to be an attempt to confront the other driver. Ward reportedly spun out while racing alongside Stewart. When Ward stepped into the track, however, Stewart’s vehicle hit him, leading to Ward’s death.

On Wednesday, September 24th, a grand jury chose not to indict Stewart on criminal charges, although there was evidence that Stewart was high on marijuana at the time of the crash. Stewart could have faced serious manslaughter and DUI for drugs charges.

“I am sure from their deliberations and discussions that the fact that Kevin Ward was observed running basically down two-thirds of the track, into a hot track in the middle of other cars that were still racing, played a big, big factor in their decision,” one prosecutor said. However, he added that Stewart had enough marijuana in his system to impair his judgment.

Ward’s family said they may file a wrongful death lawsuit against Stewart. They said that “focus should be on the actions of Mr. Stewart.”

“Our son got out of his car during caution while the race was suspended,” the family’s statement said. “All the other vehicles were reducing speed and not accelerating except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing this tragedy.

“There are no winners in tragedy. Our thoughts and prayers remain with the Kevin Ward Jr. family and Tony Stewart as they all cope with this tragic incident at Canandaigua Motorsports Park,” NASCAR said in a statement. “This has been a difficult time for everyone involved and we have respected the local authorities responsible for reviewing this case.”

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 filed 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.

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 Lawsuit

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

 

Wrongful Death Lawsuit Filed for Bike Crash that Killed Former Napster COO

bike crash

Family Will File Wrongful Death Lawsuit Filed Against LA Cop That Killed Entertainment Lawyer in Bike Crash

bike crashThe family of an entertainment lawyer and former COO of Napster announced on Thursday, August 28th, that they would move forward with the wrongful death lawsuit filed against the Los Angeles County Police Department and the officer whose distracted driving led to a bike crash.

The Los Angeles County District Attorney’s office declined, earlier this week, to file criminal negligence charges against the police officer who caused the bike crash. Reportedly, the sheriff’s deputy was driving along Mulholland Drive while using his mobile digital computer to send a work-related text message, when a bend in the road caused him to veer into the bike lane. Because of his distracted driving, the deputy fatally struck 65-year-old cyclist Milton Olin, Jr, a prominent Los Angeles entertainment lawyer and former COO of Napster.

However, the DA’s office announced that, because of an exemption in California distracted driving legislation that allows emergency responders to use cell phones and other portable electronic devices while driving, the sheriff’s deputy was not at fault and no criminal charges would be filed in the fatal distracted driving bike crash.

“[Deputy Andrew] Wood briefly took his eyes away from the road precisely when the narrow roadway curved slightly to the left without prior warning, causing him to inadvertently travel straight into the bike lane, immediately striking” Olin, according to the incident report. The DA’s office stated that there was insufficient evidence against Wood to file criminal negligence charges.

In response to the announcement related to Olin’s December 8th, 2013 death, Olin’s family stated on Thursday that they would move forward with a wrongful death civil lawsuit, including Los Angeles County, the county sheriff’s department, and Deputy Wood responsible for Olin’s bike crash death.

“The county has acknowledged that Deputy Wood was driving while distracted,” said the Olin family attorney. “The Olin family intends to move forward with their lawsuit to hold the county, the Sheriff’s Department and Deputy Wood accountable through the civil justice system.”

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 filed 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.

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 Lawsuit

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

“Midnight Rider” Wrongful Death Suit Filed

wrongful death

“Midnight Rider” Producers Face Wrongful Death Lawsuit for Assistant’s Death

wrongful deathIn February, six crew members were injured and one – 27-year-old assistant cameraman Sarah Jones – was killed on the set of “Midnight Rider,” produced by a Pasadena-based company and based on the memoir of Gregg Allman. Now, Sarah Jones’s family has filed a wrongful death lawsuit.

On February 20th, a freight train barreled through the set of the movie, and Jones was killed after being struck by the train.  Unfortunately, train injuries occur more often than you might think.  According to Operation Lifesaver, there were 2087 accidents in 2013, leading to 929 injuries and 251 fatalities

The wrongful death lawsuit was filed in Chatham County, Georgia, where the movie was being shot. Richard and Elizabeth Jones, Sarah’s parents, allege that the producers Randall Miller and his wife, Jody Savin, were negligent on the set and that led to their daughter’s death.

The Jones’s wrongful death suit names the production company, Unclaimed Freight Productions, its local production partner Meddin Studios, CSX Transportation (who operated the train), and Open Road Films (the owner of movie theatres Regal and AMC, which planned to distribute the film). Several crew members were also named in the wrongful death lawsuit.

The lawsuit seeks unspecified punitive damages for a litany of alleged safety violations that led to the train tearing through the movie set. Reportedly, the producers did not have permission from the railway to film on the tracks, and misled the crew regarding their safety. The producers did not, allegedly, take standard and required safety precautions, including failing to host a safety meeting before filming, no on-site medic, and failing to have a railway representative on site.

“By committing these acts, or failures to act, the ‘Midnight Rider’ defendants operated without minimum safety precautions and contrary to standard industry practices for productions of this scale and for productions involving dangerous filming conditions,” according to the suit, prepared by the Atlanta firm of Harris Penn Lowry.

“While the crew had been told they would have 60 seconds to remove themselves, the equipment, and the hospital bed from the trestle bridge, the train approached with a rapid speed and the crew had less than 60 seconds to react,” the lawsuit states.

The accident occurred on the first day of filming, and has prompted multiple investigations into both federal and state agencies.

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.

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 Lawsuit

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

Settlement in Lake Murray Boating Accident Wrongful Death Case

boating accident

Family Settles in Wrongful Death Case for Lake Murray Boating Accident

boating accidentThe family of a man killed in a boating accident on Lake Murray in May 2010 has agreed to a settlement from the boat driver’s insurer for $77,200.

Randall Carter of Irmo was killed in a boating accident after the boat’s driver, Steven Miller, collided with another vessel during a late night outing to go camping. Both Carter and Matthew Kyle Howk of Columbia were killed in the boating accident.

As part of the settlement, Miller admitted no wrongdoing in the boating accident and wrongful death case. The settlement will also give Miller “peace from litigation and save the expense of trial.”

The boating accident settlement could also be a prelude to resolving criminal charges against Miller. He currently faces two counts of felony boating under the influence of alcohol. Reportedly, he also did not display proper lighting on his boat, although he was boating late at night.

The crash led to the deaths of two women on the other boat as well.

In the boating accident lawsuit that led to the wrongful death settlement, Carter’s family contended that Miller was speeding out of control.

Howk’s family is not pursuing damages against Miller, either criminal or civil.

Boating Accidents 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 jetski, 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.

Uber Files Defense in Wrongful Death Lawsuit

Uber Files Defense In New Years Eve Wrongful Death Lawsuit

wrongful death lawsuitUber, a mobile app that hires drivers and connects the drivers to customers who need a ride, became a codefendant in a wrongful death lawsuit alleging that the company encouraged a driver to use the app and become distracted, leading him to accidentally kill a young girl on New Year’s Day in San Francisco.

In San Francisco on New Year’s Eve, a family was struck by an Uber driver while crossing a crosswalk – the mother and brother were injured, while a 6-year-old was killed. On Monday, January 27th, the little girl’s family will file a wrongful death lawsuit against Uber, not just the driver, in Superior Court in California. Sophia Liu, 6, was the victim of driver Syed Muzzafar, 57, on New Year’s Eve. Muzzafar was arrested following the child’s death on charges of vehicular manslaughter with gross negligence and failure to yield to pedestrians in a cross walk. He reportedly cooperated in full with police investigators, and later posted bail. Muzzafar worked full-time as an Uber driver, supporting four children on his income.

Uber hires drivers under contract to act like a taxi service for as many hours a week as the driver wishes to be available. However, the drivers are not, strictly speaking, employees of the company, but independent contractors – therefore, responsibility for personal injury or wrongful death cases could shift to the individual and not the company.

On May 1st, Uber officially filed their defense, alleging that the driver – Syed Muzzafar – was not technically a driver and not logged into the app to pick up a fare at the time of the accident.

“Uber and its affiliated companies sympathize with the Liu family and understand their desire for redress for their loss and their injuries,” attorneys said in a response to a wrongful death lawsuit filed by the family in San Francisco Superior Court. “However, the companies did not cause this tragic accident.”

Uber’s response, filed Thursday, said Muzaffar was “never an employee, agent, joint venture or partner of Uber.”

“The only information displayed on the screen was a GPS-generated map with his location – akin to the information displayed by a smartphone map application,” the defense statement continued.

“Uber shares in the profits of its drivers and must share in the responsibility for the harms they cause,” the family’s attorney, Chris Dolan, said in a prepared statement. “The use of the Uber app by drivers violates California laws designed to eliminate driver distraction. Drivers are constantly interacting with their mobile devices creating serious risk to both passengers and the community … Uber’s claims that they are not responsible for injuries caused by Uber drivers who are logged on to the system but not carrying a fare flies in the face of hundreds of years of law. New technology does not eliminate well-established legal principles.”

The Strom Law Firm Can Help with 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, you may have a wrongful death case. Contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800