Category: Car Accidents

Car accidents are a tragic and painful part of life for drivers in South Carolina. Every day, people are injured or killed on the highways across the state, from rural two-lane highways to big, crowded highways like I-20 or I-95. At Wilcox, Buyck, & Williams, P.A., we know that understanding why these accidents happen can help prevent them. If you know the risks, you can protect yourself on the roads of South Carolina.

South Carolina Highway Crash Statistics

Based on statistics from the Insurance Institute for Highway Safety (IIHS), South Carolina regularly ranks in the top ten for traffic fatalities per capita. In 2023, South Carolina experienced more than one thousand traffic fatalities, with a significant percentage of those happening on highways. Traffic congestion and road conditions are part of this, but driver behavior is frequently the leading cause of these fatal accidents. 

Top Causes of Car Accidents in South Carolina

It’s essential to be aware of what happens around you on the road and which drivers to steer clear of. Practice defensive driving, especially if you see signs of any of the following top causes of car accidents:

• Distracted Driving: Texting, eating, changing the GPS, and even talking to passengers in the car are examples of distracted driving and one of the most common causes of car accidents. A single moment of distraction can prove deadly to other drivers on the road.
• Speeding: Speed limits are set for a reason, and ignoring them is not only a form of aggressive driving but is also one of the leading causes of car accidents. Accidents with higher speeds tend to lead to more significant injuries and a higher chance of fatalities.
• Driving Under the Influence: Even though the police have cracked down on driving under the influence, it is still a top cause of accidents. Drunk and high driving affect the driver’s ability to react quickly or make good judgments on the road.
• Fatigued Driving: Most drivers ignore the danger of drowsy driving, especially on long road trips or late-night drives. Unfortunately, fatigued driving has the same effects as drunk driving and can even cause microsleeps.
• Weather Conditions: South Carolina can have drastic and unpredictable weather patterns, including surprise rain showers, flash flooding, and fog. Under these conditions, drivers need to slow down and increase the following distance but often choose not to.
• Aggressive Driving:  Cutting people off on the road, weaving through traffic, and tailgating are all behaviors that amount to aggressive driving. All of these can lead to road rage and an increased chance of fatalities as that rage takes over a driver’s ability to make sound judgments. 

Prevention Tips for Drivers

Staying safe on the roads starts with being proactive. Some tips for preventing a car accident are:

• Keep your eyes on the road and avoid distractions
• Never drive under the influence
• Maintain your vehicle with regular inspections
• Adjust your speed when facing inclement weather
• Steer clear of aggressive drivers
• Practice defensive driving and be courteous to other drivers on the road, even if they don’t give you the same kindness

These are great safety tips to help prevent an accident, but they work best when all drivers on the road employ them. Unfortunately, no matter how well you drive, someone else’s poor decisions could cause you severe pain.

Contact a South Carolina Personal Injury Attorney Today

If you have been injured in a car accident due to someone else’s negligence, reach out to Wilcox, Buyck & Williams, P.A. We will help you by providing you with:

• Over a century of experience
• A client-centered approach
• A distinguished legal team

Don’t wait any longer to seek the compensation you deserve. Your recovery and peace of mind are too important to delay. Schedule your free consultation today and get the experienced representation you deserve. Let us help you start your claim.

April is National Distracted Driving Awareness Month, meaning it’s the perfect time to brush up on the dangers of distracted driving, the laws South Carolina has in place to prevent it, and the steps you can take to make a difference. Distracted driving is one of the leading causes of car accident injuries and fatalities across the country, and it’s entirely preventable.

Distracted Driving Statistics

According to data from the National Highway Traffic Safety Administration (NHTSA), there were 3,275 fatalities caused by distracted driving in a recent year, including 611 pedestrians, cyclists, and other non-occupants. Additionally, there were an estimated 324,819 people injured in crashes caused by distracted drivers.

Distracted drivers also account for 8 percent of all drivers involved in fatal accidents, with individuals aged between 15 and 24 accounting for nearly two-thirds of all distracted drivers.

Types of Distracted Driving

Distracted driving can involve visual, physical, and cognitive distractions, all of which can lead to the same devastating consequences:

• Visual Distractions – These include anything that takes a driver’s eyes off the road, including cell phones, food, makeup, GPS, and vehicle entertainment systems. You may have heard when a driver takes their eyes off the road for five seconds at 55 mph, they travel the distance of a football field. A lot can happen in that time.
• Physical Distractions – These include anything that takes a driver’s hands off the steering wheel. They’re often the same types of distractions as visual distractions. When a driver’s hands aren’t on the wheel, their reaction time is severely reduced, increasing the chances of a crash.
• Cognitive Distractions – These include anything that takes a driver’s mind off driving. For example, talking to passengers in the backseat can cause a driver’s mind to wander.

South Carolina’s Distracted Driving Law

South Carolina’s distracted driving law bans drivers from using wireless electronic communication devices (like cell phones) to compose, send, or read text-based messages while operating their vehicles on public roads and highways. This includes while drivers are in traffic or at red lights. However, device use is allowed if the driver is lawfully parked, using a hands-free device, or calling for emergency services.

How to Promote Safe Driving Practices

During Distracted Driving Awareness Month, we encourage you to reflect upon the impact distracted driving has on thousands of lives each year and commit to engaging in safer driving behaviors. A few ways you can reduce distractions while driving are:

• Keep your phone on “Do Not Disturb” or out of view or reach while driving. It can be tempting to pick up your phone when you see a notification pop up, and this will help you avoid doing so.
• Plan ahead by setting your GPS and music playlist before hitting the road to reduce distractions once your trip is underway.
• Avoid multitasking while driving, such as eating, applying makeup, or reading messages. These tasks can wait until you’re safely parked.
• Pull over to a safe location if you need to check your phone for any reason.
• Speak up if you’re a passenger in a vehicle with a distracted driver. Your words could end up saving lives.
• Lead by example by practicing safe driving when passengers are in your vehicle. This is particularly important if you are the parent of a teen driver, as they will pick up on your actions.

Contact Our South Carolina Car Accident Lawyers

If you were injured in a crash caused by a distracted driver, contact Willcox, Buyck & Williams, P.A., for a consultation with one of our experienced car accident lawyers. Our firm has provided comprehensive legal support to injury victims and their families throughout South Carolina for 130 years. During your initial consultation, we’ll review your case and go over your options for seeking compensation for your injuries, including auto insurance claims and personal injury lawsuits.

According to the National Highway Traffic Safety Administration (NHTSA), South Carolina is tied with Rhode Island for having the highest percentage of fatal traffic accidents attributed to drunk driving. But while drunk drivers bear most of the blame for these collisions, they are not the only ones responsible for their bad behavior. Bars, restaurants, liquor stores, and other alcohol vendors that serve intoxicated or underage customers enable many drunk driving crashes. Fortunately, South Carolina’s dram shop laws let victims of drunk driving crashes find justice when alcohol vendors don’t uphold their obligations.

South Carolina’s Dram Shop Laws Summarized

South Carolina does not have a specific law making restaurants, liquor stores, or other alcohol vendors liable for a collision. However, state law says it’s illegal for any business with a permit to sell alcohol to serve anyone who’s under 21 years old or already intoxicated. South Carolina courts have used this law to permit victims of drunk driving crashes to sue vendors who broke the law by serving an underage or intoxicated customer.

One other crucial point to note is the issue of joint and several liability in South Carolina drunk driving cases. Current South Carolina law says an alcohol vendor may have to pay for all of an injured person’s losses in a drunk driving crash even if the vendor doesn’t bear most of the blame. Why does this matter? Simple: Individual car insurance policies may not cover the full extent of someone’s injuries in a drunk driving crash. On the other hand, state law says businesses with alcohol licenses must carry at least $1 million in liability insurance. That means injured drivers or passengers may have better luck recovering compensation from a vendor than the drunk driver’s insurance.

How Do You Prove a Vendor’s Liability for a South Carolina Drunk Driving Crash?

Proving a bar, restaurant, or other business broke South Carolina law by serving an intoxicated or underage customer can be difficult. Some evidence an experienced attorney can use to support your claim includes:

• Eyewitness accounts – If anyone at the vendor saw staff serving an underage or intoxicated customer, that can be powerful evidence. Eyewitnesses can describe the customer’s appearance and behavior to show how they were visibly intoxicated. In cases involving underage drunk drivers, the simple presence of the customer at the business can be proof of liability.
• Receipts – Receipts from a business can show how much alcohol the customer purchased and, if the business is a bar or restaurant instead of a liquor store, the timeline of their purchases. In particular, purchasing high amounts of alcohol in a short period is a strong indicator of potential intoxication.
• Surveillance footage – Video of the customer at the business can provide an objective view of their actions and any evidence of intoxication. For example, the footage may show the customer having trouble walking or maintaining their balance.
• Police reports – In some cases, drunk drivers provide information on where they were drinking to the officer who investigates a crash. The driver’s own words can be compelling evidence of intoxication.

Deadline to File a South Carolina Dram Shop Lawsuit

In most cases, you have three years from the date of a drunk driving crash to file a lawsuit against a negligent alcohol vendor. However, certain factors may shorten this deadline. Moreover, it’s critical to call a lawyer right away so they can investigate the incident and preserve essential evidence.

Contact Our South Carolina Dram Shop Lawyers Now

The Myrtle Beach & Florence dram shop lawyers at Willcox, Buyck & Williams, P.A. have extensive experience with these cases and can help you hold a negligent business accountable for their role in causing your injuries. Call now or complete our contact form for a free consultation.

For many Americans summer means vacation. Time to gas up the car, get the swimsuits and towels ready and hit the road. You look forward to it all during those dreary winter months. What happens when your road trip turns into an accident nightmare, though? If that happens, keep in mind that a South Carolina personal injury attorney can help you get the help you need. 

Understanding the Risks of Highway Travel During Summer

When school is out and the weather is nice, many American families head out. According to AAA, 97% of families take summer vacation trips by car. The average distance we travel is 284 miles, one way, according to the Bureau of Transportation Statistics. Not even inflation or high gas prices can keep us home, now that COVID worries have subsided. 

Unfortunately, spending hours in the car increases the chances that you will get into an accident. If you’re tired and driving at night, your vision is limited to 500 feet. Driving at night, while tired, means you’re more likely to have an accident, according to the National Safety Council. 

Tips for a Safer Summer Road Trip

The best way to lower your chances of getting into a car accident this summer is to be prepared, and use common sense. Here are some tips for making sure your vacation is safe and fun:

• Perform a vehicle checkup before departing
• Plan your route in advance
• Avoid traveling at peak traffic times
• Take regular breaks to get out of the car and stretch
• Stay hydrated and eat light, healthy snacks
• Limit night driving
• Use seat belts and ensure children are in appropriate safety seats
• Avoid distractions such as using your phone while driving 
• Observe speed limits and adjust speed according to road conditions
• Pack an emergency kit and be prepared for emergencies

It’s also a good idea to pack a road atlas or map in the car or print out directions in case your GPS doesn’t work. Consider ditching the GPS and traveling old school! Your children would benefit from map skills.

What to Do if You’re Involved in a Highway Accident

If you get into an accident, pull your vehicle safely to the side of the road if possible, and call 911. The operator should be able to get the appropriate law enforcement officers there. Exchange insurance information with the other driver, no matter who was at fault. Take lots of photos with your phone, not just of the vehicles but of the signage. If your car isn’t driveable, ask the officer where to find the nearest motel. 

Reach Out to Our Personal Injury Attorney in Myrtle Beach & Florence

You may not be aware of the laws in the jurisdiction where your accident occurred, so it’s always a good idea to reach out to an attorney. An experienced attorney can advise you of the best course of action. In some states, even if an accident was partially your fault, you can recover. Contact Wilcox, Buyck & Williams, PA today. We will make sure your rights are protected and you get the compensation you deserve.

Suffering injuries during an automobile accident is a traumatic experience. Accident victims often do not know which steps to take immediately after an accident. Sometimes people may not be able to think clearly during the first moments after an automobile accident. However, if victims focus on remaining calm and doing everything in their power to remain safe, then it is likely that accident victims can take productive action after an automobile accident. 

Our South Carolina car accident attorneys explore what to do after a car accident.

Check Yourself and All Passengers For Injuries

A collision may occur unexpectedly, and it can take a few minutes to determine if you suffered any injuries. Concussions may not produce symptoms immediately after an accident. However, you should focus on checking your body for lacerations and determining if any passengers in your vehicle are injured. 

It may be difficult for you to move during the immediate aftermath of an automobile accident. If you believe it is impossible for you to move without injuring yourself, then you should remain calm and wait for emergency personnel to arrive. The presence of elevated levels of adrenaline and cortisol in the body can make it difficult for accident victims to recognize their injuries in the first moments after an accident. 

Seek Medical Treatment As Soon As Possible

You must seek medical treatment after you are involved in an automobile accident. Sometimes, drivers and passengers may believe they have not suffered any injuries, but some injuries do not produce immediately discernible symptoms. Sometimes physical pain and other issues may have a delayed onset. 

Insurance companies will also want to see that you have sought medical treatment for your injuries. Waiting for a long period of time to go to the hospital or doctor may harm any future civil lawsuit associated with the accident. Therefore, you should seek medical care even if you think you suffered only minor injuries. 

Collect Any Evidence Related To The Automobile Accident

Video recordings and photographs can help you support your legal claims if you initiate a civil lawsuit. Environmental conditions at the accident scene may be helpful to your potential case. It is important for you to try and collect any relevant evidence regarding the accident in which you suffered injuries. You can photograph the other driver’s vehicle and any property damage which may indicate which party caused the accident. 

It is also important to keep a journal of your injuries and their progression. You can write down your physical symptoms and how you are feeling on a daily basis. An injury journal can help you substantiate your claim for non-economic damages in your automobile accident case. 

Contact a South Carolina Personal Injury Attorney

You need to seek out a personal injury attorney in South Carolina if you want to seek monetary compensation for your injuries. A skilled personal injury lawyer will be able to help you determine if you have any viable legal claims. Also, if you retain an attorney, you will be able to benefit from the attorney-client privilege. Insurance companies will be able to negotiate with your attorney while you focus on recovering from your injuries. Contact us today to learn more.

From law offices in Florence and Myrtle Beach, South Carolina, Willcox, Buyck & Williams, P.A. serves Myrtle Beach, Surfside Beach, Garden City, the Grand Strand, and other communities throughout Florence County, Marion County, Horry County, Darlington County, and Georgetown County.

Rideshare companies like Uber and Lyft are popular throughout South Carolina. They provide a convenient alternative to public transportation and taxis. However, rideshare drivers may put profits over safe driving practices, including driving while they are fatigued or drowsy. Our South Carolina personal injury lawyer discusses driving hour limits for Uber and Lyft drivers in this blog and what you should do if you are involved in a rideshare accident.

What Are the Driving Hour Limits for Uber and Lyft Drivers?

Both rideshare companies have instituted driving hour limits for their drivers. According to Lyft’s driving requirements, drivers must take an uninterrupted six-hour break every 12 hours they are in driver mode. The 12 hours do not have to be consecutive to require the six-hour break. The system prevents the driver from going back online to accept rides for six hours.

Uber introduced a similar driving hours limit in 2018. After spending 10 hours “on trip,” the app notifies the driver they must take a six-hour break. The driver must be offline for a full six hours before the “on-trip” time limit resets. During the six hours, the driver cannot receive new trip requests. The “on trip” timer resets whenever the driver takes a six-hour break. 

The Dangers of Drowsy Driving in South Carolina

Being drowsy behind the wheel causes drivers to be less responsive to driving conditions. Therefore, the risk of crashing increases. Drowsiness can cause drivers to pay less attention to the road. It also impacts a driver’s capability to make good driving decisions and slows reaction time. 

A CDC survey found that 1 in 25 adult drivers admitted to falling asleep while driving in the past 30 days. People at greater risk of drowsy driving include:

• Anyone who does not get enough sleep
• Teens and young adult drivers
• Individuals who work night or swing shifts
• People with untreated sleep disorders
• Commercial truck drivers
• Individuals who take medications that cause drowsiness

Rideshare drivers may be susceptible to drowsy driving if they drive long hours without breaks. Also, many rideshare drivers have full or part-time jobs other than driving for Lyft or Uber. Therefore, they may not sleep enough because they work two jobs.

What Should You Do if You Are Involved in a Rideshare Accident in South Carolina?

If you are involved in an Uber or Lyft accident, steps to take include:

• Seek emergency assistance by calling 911 to report the accident to the police and EMS
• Gather evidence by taking photographs and making a video of the accident scene
• Talk with witnesses to get their names and contact information
• Do not discuss the circumstances of the accident with anyone at the accident scene other than a police officer
• Do not admit fault for the cause of the crash or imply you could be partially to blame
• Report the accident to Uber or Lyft through the app
• Seek immediate medical treatment for your injuries

Consult a South Carolina rideshare accident attorney as soon as possible. Rideshare accidents can be complicated and involve multiple parties and insurance companies. You may have multiple claims for injuries and damages from an Uber or Lyft accident. 

Contact Us for a Free Consultation With a South Carolina Personal Injury Attorney

Uber and Lyft accidents can be complicated car accident cases. Our South Carolina personal injury attorneys at Willcox, Buyck & Williams, P.A. have experience handling these types of cases. Call now for a free case evaluation from an experienced car accident lawyer.

Winter months bring the joy of holidays spent with family and friends. Unfortunately, this time is also marked by often deadly road conditions. Inclement weather, reduced visibility, and icy roads significantly increase the likelihood of vehicular accidents. Despite its milder winters compared to other states, South Carolina is not immune to these risks. Understanding the causes, effects, and preventive measures for winter car crashes can help you stay safe during these challenging months.

Moreover, should you or a loved one fall victim to a winter weather car crash, seeking assistance from experienced South Carolina car accident attorneys is crucial. They can guide you through the legal intricacies while helping you secure the compensation you deserve.

Let’s explore some critical facts about winter weather car crashes and how to mitigate their risks.

Understanding Winter Weather Car Crashes: The Statistics

To fully grasp the gravity of winter weather car crashes, it’s necessary to review some hard-hitting statistics:

1. Federal Highway Administration (FHWA) data reveals that icy or snowy roads lead to over 1,300 fatal accidents annually.
2. The FHWA also found that injuries resulting from accidents on snowy, slushy, and icy roads can be more severe, affecting more than 116,000 people each year.
3. Even if precipitation doesn’t accumulate on roads, it can still cause accidents. Approximately 76,000 people annually are injured when snow or sleet are falling.
4. Precipitation, whether in the form of rain, sleet, or snow, also increases the risk of fatalities. Nearly 900 people lose their lives each year in traffic accidents that occur during snow or sleet.
5. According to the U.S. Department of Transportation, nearly 70% of U.S. public roads are in regions that receive at least five inches of average snowfall each year. More than two-thirds of U.S. residents are likely to drive in snowy conditions each year.
6. Weather-related conditions contribute to more than one in five traffic accidents each year, amounting to almost 1,235,000 accidents.

The Most Dangerous States for Winter Weather Car Crashes

While winter weather car crashes can occur anywhere, certain states bear a higher risk. Based on data from various government agencies and research institutions, the following states have been found to be particularly prone to winter weather car crashes:

1. Michigan: With an average annual snowfall of 50 inches, Michigan has seen more than 300 annual driving fatalities during winter months in recent years.
2. Wyoming: Despite its sparse population, Wyoming ranks as the worst state for fatal crashes caused by snow and sleet. The state’s challenging terrain and heavy snowfall contribute to this alarming statistic.
3. Ohio: Ohio is known for having the most deaths from winter driving each year, averaging around 86 deaths per year.

Preparing for Winter Road Conditions: Top Recommendations

Preparation is key to reducing the risks posed by winter road conditions. Here are some tips to help you safely navigate snowy and icy roads:

1. Check Your Vehicle: Before setting out, ensure your car is in good condition. Check your tires, brakes, lights, windshield wipers, and battery. Ensure your vehicle’s defrost system is functioning properly.
2. Slow Down: Lower your speed when driving in winter weather. Maintain a reasonable distance from the vehicle in front of you to allow for safe braking.
3. Avoid Sudden Movements: Avoid abrupt steering or acceleration, which could cause your vehicle to skid on slick roads.
4. Stay Vigilant: Keep distractions to a minimum and stay alert to the road conditions and the behavior of other drivers.
5. Avoid Cruise Control: Using cruise control on icy or snow-covered roads can lead to loss of control over your vehicle.

Turning to South Carolina Car Accident Attorneys

While winter weather car crashes are a significant concern, understanding the risks and taking appropriate precautions can help tremendously. Should you find yourself in an unfortunate situation, remember that South Carolina car accident attorneys stand ready to provide the assistance and representation you need.

Remember, your safety is paramount. Always prioritize it over any other concerns. Winter conditions can be challenging, but with the right knowledge and preparation, you can successfully navigate through them.

If you or a loved one has been involved in a winter weather car crash, it’s crucial to consult with competent South Carolina car accident attorneys. Our experienced team can provide invaluable advice, help you determine the best course of action, and fight diligently to recover the financial compensation you are owed. Contact our office today for a free consult.

Navigating South Carolina’s sun-dappled highways might paint a picture of peaceful motoring, but the reality isn’t always as serene. Distracted driving, a problem that haunts our roadways, is more pervasive and dangerous than many perceive. 

What exactly is this phenomenon? 

Simply put, distracted driving refers to any activity that diverts a driver’s attention from the road. 

In this piece, our South Carolina car accident  attorneys examine the causes and effects of distracted driving and provide guidance to those injured in a distracted driving accident.

Distracted Driving: A Multitude of Forms

It might surprise you to learn about the myriad activities that fall under the umbrella of distracted driving. Here are a few examples:

• Texting or making phone calls
• Adjusting car settings like radio or climate controls
• Eating or drinking
• Engaging with passengers
• Grooming activities, like applying makeup or fixing hair
• Unsecured pets moving around in the vehicle
• Daydreaming or being lost in thought

Each of these activities distracts drivers in different ways, stealing focus, and sometimes hands or eyes, from the road. This significantly increases the risk of an accident, often with devastating consequences.

The Staggering Reality

Distracted driving isn’t a mild problem; it’s a life-threatening habit. 

To understand the gravity of the situation, consider this: In 2021, the National Highway Traffic Safety Administration reported 3,522 fatalities due to distracted driving. That’s an alarming rate of over nine lives lost daily. 

It prompts us to question, is any distraction worth such grave consequences?

Mitigating Distraction: A Practical Approach

Counteracting distracted driving isn’t an insurmountable task; it begins with adopting a few practical and proactive measures that prioritize safety over convenience. The key to this approach is anticipation and preparation.

Before setting off on any journey, drivers can take some simple steps to prepare. First, adjust the GPS to your destination. This eliminates the need to manipulate your navigation system while on the move. Similarly, if you anticipate needing to make phone calls or send messages, do so before you start your engine. Remember, even hands-free calls can lead to cognitive distraction.

Loose items in the vehicle can roll around while driving, posing a potential distraction. To prevent this, secure all items – whether it’s your bag, coffee cup, or even your pet. Creating a stable and clutter-free environment within the car can help you maintain your focus on the road.

If you’re planning a longer journey, schedule regular breaks. This not only gives you a chance to rest and refresh, but also provides an opportunity to safely check your phone, have a meal, or attend to personal grooming.

However, despite all your preparation, if an urgent situation does arise while you’re on the road, always find a safe place to pull over before attending to it. Reacting to an incoming call or text, or even dealing with an unruly child in the back seat, can wait until your vehicle is safely parked.

Finally, educating young and novice drivers about the risks of distracted driving can be a powerful preventive measure. By fostering a culture of responsible driving, we can equip the next generation of drivers with the skills and attitudes needed to stay safe on the road.

Navigating Post-Accident Challenges

Victims of distracted driving face considerable challenges in the accident’s aftermath. Along with physical and emotional trauma, financial burdens like medical expenses, income loss, and vehicle repair costs can escalate rapidly.

Fortunately, legal provisions exist to aid victims in these distressing times. A knowledgeable personal injury attorney can guide you through the process of seeking justice and securing the compensation you’re entitled to.

Ensuring Justice, Together

If you or a loved one is grappling with the aftermath of a distracted driving incident, it’s crucial to remember that you’re not alone. Our experienced personal injury attorneys are ready to assist you in navigating this difficult period.

Contact us today for a free consultation. Let’s confront the issue of distracted driving together, one case at a time. Together, we can work towards a safer future, free from the unnecessary risks of distracted driving.

With the expanding popularity of self-driving cars and the increasing development of driver assistance technology, some people have concerns about the safety of pedestrians when vehicles do not have a human operator. When a pedestrian gets injured, it can be unclear exactly who might be liable for their losses.

A South Carolina car accident attorney can help you sort out the liability issues and seek compensation for your injuries and losses. This article will discuss some of the challenges that can arise in situations involving self-driving cars and pedestrian injuries. 

Self-Driving Cars and Expanded Driver Assistance Technology

The lines are becoming increasingly blurred between self-driving vehicles and the constantly increasing levels of driver assistance technology in today’s passenger cars and trucks. There are not many fully self-driving cars on the road. Usually, there is a driver in the driver’s seat who can jump in and respond to a crisis.

In some collisions, there are allegations that the driver relied too much on the driver assistance technology and failed to pay attention to the road. After some crashes, witnesses have accused the driver of having been asleep at the time of the wreck. 

Driver assistant technology is improving from one year to the next. Some cars have sensors that alert the driver to the presence of an impending collision in front of, behind, or on either side of the car. Unfortunately, some drivers rely too much on this technology and avail themselves of the excuse to no longer pay attention to their surroundings while on the road.

Pedestrian Safety and Vehicle Technology

Some pedestrians also place too much faith in technology, assuming that cars with self-driving or other driver assistance features will protect the pedestrian from getting hit by the vehicle. Granted, some cars will automatically brake to prevent hitting another car or a walker, but not all vehicles have that capability. Pedestrians should always exercise caution before stepping into the street, even when they are in a crosswalk and crossing the street legally.

How to Prove Who Was at Fault

The legal analysis of liability is the same in every pedestrian accident. First, you establish the party had a duty of care toward the other person. Then, you show how the negligent party breached their duty of care and caused the collision. Finally, you prove the injuries and other losses of the plaintiff.

There is some confusion, when the plaintiff was not at fault, about who can be responsible when a self-driving car strikes a person on foot. Is the driver liable, the manufacturer of the car, or the company that developed the self-driving or driver assist technology? 

The answer to that question will depend on the unique facts of the case. For example, if the driver negligently failed to devote their attention to what was happening on the road, and instead, took a nap or watched a movie on an electronic device instead of watching the road, the driver could get held responsible for the crash. On the other hand, if the car had a mechanical malfunction, the vehicle manufacturer could be liable. 

Cases involving self-driving cars and pedestrian injuries are tricky, at best. You will want to talk to a South Carolina personal injury attorney about your case. Get in touch with our office today for help with your case.

Many people have anxiety when driving or riding as a passenger in a car. They might be surprised to learn how low their odds are of getting killed in a crash. They are much more likely to die of other causes rather than a collision.

If you got hurt or a loved one died because of a motor vehicle accident, a South Carolina personal injury attorney can help you go after the compensation you deserve from the party whose negligence caused the collision. Let’s take a look at the odds of dying in a car accident. 

Statistics for Fatal Car Crashes

The National Safety Council reports that the lifetime odds of dying from a motor vehicle crash are one in 101. In comparison, the lifetime odds of death for a pedestrian incident are one in 541, and for a motorcyclist, the odds are one in 799. Bicyclists have odds of one in 3,396. 

When you compare the deaths odds for motor vehicle crashes to the statistics for pedestrians, motorcyclists, and bicyclists, it might look as if it is safer to be a walker, motorcyclist, or bicyclist in a collision in a person driving or riding in a car, but that would be an incorrect conclusion. The odds are lower for those three groups because there are far fewer pedestrians, motorcyclists, and bicyclists than people riding around in cars and trucks. 

Comparative Lifetime Odds of Death from Various Other Causes

Before you swear off ever leaving your house again in an attempt to avoid dying in a car accident, it might allay your concerns to know the lifetime odds of death for some other causes. For example, the lifetime odds of death, based on 2020 numbers in the United States, are:

• 1 in 6 from heart disease
• 1 in 7 from any type of cancer
• 1 in 12 from COVID-19
• 1 in 21 from accidents and other incidents that were preventable
• 1 in 28 from lung disease and other chronic diseases of the lower respiratory tract
• 1 in 67 from an opioid overdose, including prescription opioid painkillers, heroin, and other forms of opioids
• 1 in 93 from suicide

Seeing these lifetime odds of death can put help to put the likelihood of death from a motor vehicle collision into perspective.

Recoverable Damages After a Car Accident

So, what are your options for getting compensation for your losses after a motor vehicle crash?

Personal Injury

You could seek money damages from the at-fault driver for your economic losses, like medical bills, lost wages, and decreased earning capacity. Also, the party who caused the accident could be liable to pay compensation to you for other losses, like pain and suffering and loss of function. 

Wrongful Death

If your close relative did not survive their injuries from a car crash, you might be able to pursue a wrongful death claim against the party whose carelessness caused the collision. South Carolina law allows the legal beneficiaries to recover compensation for the loss of the deceased person’s income that helped to support the family, loss of services performed for the benefit of the household, loss of companionship and guidance, and other losses.

Also, the estate of the decedent could recover the final medical expenses, as well as funeral and burial costs. 

A South Carolina personal injury attorney could help you hold the careless party accountable in a personal injury or wrongful death claim. Get in touch with our office today for legal help.