Parker & Bain, LLCParker & Bain, LLC2024-03-08T14:33:40Zhttps://www.parkerbainlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403834/2023/08/cropped-fav-icon-32x32.jpgOn Behalf of Parker & Bain, LLChttps://www.parkerbainlaw.com/?p=460752023-02-09T10:37:33Z2021-11-29T11:08:26ZAAA anticipates there will be more drivers on the road than ever before. Last year, even with the pandemic fully underway, more than 44.5 million Americans traveled to their destination by car. Following holiday driving tips can help you stay safe on the road in 2021 and avoid serious or fatal car accidents.
From drunk driving crashes to weather accidents, the risk of getting into a car accident increases drastically in the weeks between Thanksgiving through New Year’s. According to the National Safety Council, an average of 343 people die in traffic accidents during the three-day Christmas holiday.
To avoid being a statistic, it is important to follow a few simple holiday driving tips.
HOLIDAY DRIVING TIPS TO FOLLOW
Plan Ahead. The best safety tip to follow is to plan ahead. Before you start your trip, make sure that your vehicle is well serviced, that you have a sober-driving plan in place, and that you know the route to your destination. Check the weather, so you can drive when road conditions are safe. In addition, prepare a winter-safety kit for your car in case you get stranded or stuck in snow or ice.
Get Sleep. Before you embark on a long road trip, make sure you get adequate sleep. The NHTSA estimates that more than 800 deaths and 44,000 injuries could have been avoided in the years between 2009 and 2013 if drivers had not driven fatigued. Make sure you are well-rested before leaving and that you have a plan for stopping frequently to refresh and recharge.
Don’t Drive Impaired. The holidays can be a fun time to get together with family and friends. No matter where you travel, never drive drunk or impaired. Call an Uber, a Lyft, or a taxi if needed to help you arrive at your destination safely. Even better – plan ahead and designate a sober driver.
Don’t Speed. Watch your speed when you travel during the holidays. Give yourself plenty of time to reach your destination, so you are not tempted to drive over the speed limit. According to studies, for every one percent increase in speed, your risk of getting into an accident increases two-fold.
Put Your Phone Away. Never use your cellphone while driving. Before you leave, let friends and family members know that you will not check your phone while you drive. This may prevent them from texting or calling you while you are on the road. If you must, place your phone in airplane mode or put your phone in the glove box.
WHY CHOOSE OUR SOUTH CAROLINA CAR ACCIDENT ATTORNEYS?
At [nap_names id="FIRM-NAME-1"], our car accident lawyers have the resources and experience to tackle even the most complex accident case. We are not afraid to go toe-to-toe with large insurance companies to help our clients achieve maximum compensation. Without a Spartanburg, Gaffney car accident lawyer from our law firm on your side, you may not receive the compensation you deserve.
If you suffered an injury in a car accident in South Carolina, we can help. Call us today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or fill out our confidential contact form for more information. We offer free initial consultations, so you can begin seeking justice and learn more about your legal options. Call us today to learn more about your legal options.]]>On Behalf of Parker & Bain, LLChttps://www.parkerbainlaw.com/?p=460832023-02-09T10:37:35Z2021-10-11T10:21:39ZGovernors Highway Safety Association. This reduction did not have a similar effect on pedestrian accidents.
Unfortunately, fatal pedestrian accidents went up last year. Even more concerning is that the pedestrian accident rate in South Carolina appears to still be increasing. Despite this news, pedestrian safety advocates are working hard to make our state safer.
At [nap_names id="FIRM-NAME-1"], our attorneys have experience helping the injured get the compensation they need after a pedestrian collision. If you are a pedestrian, and you find yourself in a devastating pedestrian accident, there are steps you can take to help protect yourself.
What to Do After a Pedestrian Accident
Get Medical Attention – After a severe pedestrian accident, first responders may take you to the hospital to get your injuries treated. However, not all serious injuries are immediately apparent. It could take hours or days for certain injuries to present themselves. This means it is important to see a doctor, and get your injuries diagnosed as soon as possible.
Listen to Your Doctor – The next important step after a pedestrian accident is to follow your doctor’s treatment plan. This plan will help you get better faster, but it is also important to any future court case. Insurance companies may try to downplay your injuries to reduce your settlement. If they find that you have not been following the doctor’s orders, they may argue that you are not as injured as you claim.
Gather Evidence – Always be sure to make a report to the police about your pedestrian accident. Police records are very important if you go to court. If you are able, take pictures of the accident scene with your phone. You may even wish to collect the contact information of any witnesses at the scene of the incident.
How Can an Attorney Help With My Pedestrian Accident?
As mentioned before, insurance companies often wish to reduce the settlement amounts claimed by accident victims. Due to this, it may be unwise to speak to an insurance company without proper legal counsel. An experienced pedestrian accident attorney has the tools to negotiate a fair settlement with any insurance company involved in your claim.
An attorney can also help you properly file your claim, collect evidence, gather witness testimony and investigate the incident. These tasks may be difficult for you to perform if you are recovering from an injury.
To learn more about what a pedestrian accident attorney can do for you, call [nap_phone id="LOCAL-REGULAR-NUMBER-1"]. The initial consultation is free and confidential, so there is no risk to you.]]>On Behalf of Parker & Bain, LLChttps://www.parkerbainlaw.com/?p=460882023-02-09T10:37:37Z2021-03-22T10:28:22Zthere are risks when it comes to riding these awesome two-wheeled machines.
Distracted drivers, poorly maintained roads and weather can all put a damper on the fun of riding. Motorcyclists use carbon fiber, helmets and leather to try to mitigate these risks, but what can you do if you are already injured?
The motorcycle accident attorneys at [nap_names id="FIRM-NAME-1"] have helped injured riders before. Here are three of the reasons why our clients use our legal services after a motorcycle crash.
Three Reasons Why Motorcyclists Need an Attorney After a Crash
Insurance Companies – If you suffered an injury or a loss in a motorcycle accident, your insurance company should be there to help. Unfortunately, this is not always the case. Insurance companies are always trying to meet their bottom-line. Due to this penny pinching, the company may offer you a low-ball settlement in order to save money on your claim. Sometimes these auto insurance companies may even deny your claim outright. What motorcyclists need is an ally who knows what tactics the insurance companies use. Motorcycle attorneys know these strategies and can help you when negotiating with the insurance company. A lawyer can help you identify a low offer and pursue fair compensation. If your insurance company continues to deny your claim, your motorcycle lawyer can help you file the necessary lawsuits.
Lawsuits – Not every motorcycle crash requires you to file a lawsuit, but when it is necessary, the process can be stressful. Injured motorcyclists are already dealing with serious, sometimes life-altering injuries. Can they truly face the burdens of a lawsuit alone? Will they be able to file the paperwork, collect the evidence and meet court deadlines? A motorcycle attorney is ready to handle the challenges of filing a lawsuit. They can investigate the crash, collect witness testimony and gather the medical records for your case. Rely on a motorcycle lawyer to help in your time of need.
Who Is Liable – If you ride motorcycles, it is no secret that the world at large is not friendly to riders. Law enforcement often assumes the motorcyclist was to blame in an accident. The drivers of passenger vehicles and trucks may also operate under these assumptions. However, it is important to understand that their prejudice does not determine who is at fault. A proper examination of the evidence often turns up surprising results. In many circumstances, the driver of the other vehicle was not paying attention or speeding. Sometimes, faulty automotive or motorcycle parts are to blame for the damages after a collision. A motorcycle attorney can help examine the facts and identify the parties who are responsible for your crash.
Do You Still Have Questions? Our South Carolina Motorcycle Lawyer is Ready to Help
It does not matter if you ride solo, with passengers or with a group of fellow riders, our motorcycle accident attorney can help. We know the challenges individuals face after a motorcycle accident. Give us a call at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] for a free consultation. We can answer any further questions you have and start you on the road to recovery.]]>On Behalf of Parker & Bain, LLChttps://www.parkerbainlaw.com/?p=460792023-02-17T15:31:49Z2021-03-18T10:16:58ZSouth Carolina Supreme Court stated common law marriage is no longer viable from this date forward. In the landmark decision, Stone v. Thompson, heard June 13, 2019, the Justices ended the practice.
WHAT IS COMMON LAW MARRIAGE IN SOUTH CAROLINA?
First, common law marriage is where two people are deemed married after having displayed the intent to want to be married despite not having a marriage license. This practice was in use for a number of reasons. One of the most common reasons was the difficulty to get to the courthouse to obtain a license due to the inability to travel and how long it took, especially for those who lived in rural communities. Another reason was to ensure that children were legitimate. Yet with the change of time both in regards to ease of travel and the ever-changing dynamics of a family unit, these concerns are not of merit anymore.
This ruling is proactive only; meaning it begins July 24, 2019, and moves forward. From that date onwards, no one can enter into a common-law marriage as it is now officially non-existent. Further, the Justices did define the parameters of how to prove common law marriage from prior to July 24, 2019. In order to prove common-law union, the Justices clearly state it has to be at a clear and convincing level of evidence. “Therefore, we hold the “clear and convincing evidence” standard utilized in probate matters should also apply to living litigants. This is an intermediate standard -more than a preponderance, but less than beyond a reasonable doubt -and requires a party to show a degree of proof sufficient to produce a firm belief in the allegations south to be established.”
With that said, if you believe you are in a common law marriage prior to July 24, 2019 and are separating, it is imperative that you confer with a lawyer for this standard adds a significant burden on those claiming common law marriage.
CAN A SOUTH CAROLINA FAMILY LAW ATTORNEY HELP?
At [nap_names id="FIRM-NAME-1"], we work hard to help families handle the various legal matters that can arise from complicated situations. Do not let these problems fester, since disgruntled parties could take advantage of your failure to address certain family law issues. Call our attorneys today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] for assistance with your divorce, adoption, separation or custody issues. You can learn more about this area of the law by visiting our family law page.]]>On Behalf of Parker & Bain, LLChttps://www.parkerbainlaw.com/?p=460902023-02-09T10:37:41Z2020-12-29T11:28:22ZCan New Technology Reduce Truck Accidents in the U.S.?
In 2009, crashes involving large trucks hit an all-time low. Since that year, truck crashes have risen by nearly one-third, resulting in 4,136 people losing their lives in 2018. But what if there was technology that could reduce the number of fatal truck crashes every year? A new study from the Insurance Institute for Highway Safety (IIHS) may have pointed out two technologies that do just that.
Studying about 2,000 crashes over more than two billion vehicle miles during 2017-2019, researcher Eric Teoh made some interesting discoveries. Trucks equipped with forward collision warning systems had 22 percent fewer crashes. Trucks equipped with an automatic emergency braking system crashed 12 percent less than trucks not equipped with the system.
More surprising was the fact that these systems reduced rear-end collisions by an even wider margin. For trucks with only collision warning systems, rear-end crashes were reduced by 44 percent. Trucks with automatic emergency brakes saw a 41 percent reduction in rear-end collisions.
Researchers compiled this information after studying trucks both with and without these remarkable systems. These tractor-trailers were owned and operated by 62 different carriers and weighed at least 33,000 pounds.
How Automatic Braking Helps Prevent Collisions
The study also went on to show that the advanced warning and braking provided by these systems not only prevented crashes, but also reduced the severity of the crashes that did happen. According to the report, both systems resulted in speed reductions of more than 50 percent when collisions did occur. This shows how important these systems could be to the safety of our roads. So, what are the authorities doing with this information?
Should Collision Warning and Automatic Braking Systems Be Mandatory in Trucks?
As of November 2013, the European Union requires automatic emergency braking and forward-collision warning systems on most new large trucks. However, the United States has not followed this example. Currently, IIHS and government officials are urging truck manufacturers to voluntarily install the systems on their new vehicles. The top 20 automakers in the U.S. have already agreed to install such systems on almost every new passenger vehicle they make by September 1, 2022.
Can a Truck Accident Lawyer Help the Situation?
Our South Carolina law firm has seen the destruction truck accidents can cause. They inflict catastrophic, life-altering injuries and rob families of their loved ones. Reducing tragic crashes should be a priority for everyone. Our truck accident attorney can help by holding negligent trucking companies and their drivers responsible.
Often, trucking companies cut corners on maintenance or pressure their drivers to make unrealistic deadlines. This can lead to crashes due to equipment failure and fatigue. These companies are also more likely to avoid purchasing trucks with forward collision warning and automatic braking systems. A South Carolina truck accident attorney can help encourage these companies to make safety a priority by showing how costly their negligence can truly be.
Have More Questions About Truck Accidents? We Can Help
At [nap_names id="FIRM-NAME-1"], we provide the injured with the representation they need to recover from their accident. Our truck accident lawyer serves Gaffney, Spartanburg, Union and the surrounding area. Let us guide you to the fair compensation that you deserve. Call [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to schedule a free consultation.]]>On Behalf of Parker & Bain, LLChttps://www.parkerbainlaw.com/?p=460872023-02-09T10:37:43Z2020-09-03T10:28:19ZAutomobile Accidents
When the coronavirus quarantine first hit our country in March, everything shut down. This reduced the amount of traffic on roads, and many expected it would also reduce the number of auto accidents. Things did not play out as expected.
In March, though there were fewer accidents, those accidents were more severe. Motor vehicle fatality rates jumped 14 percent. Experts attributed the change to more aggressive driving habits spurred by empty roads. This could lead to more people needing to file personal injury cases to recover from their injuries.
Delayed Healthcare
Another issue is the ability of healthcare providers to treat the injured. After suffering an injury in an accident, it is of utmost importance that you get treatment. Though hospitals most likely will not turn away individuals who need urgent treatment, it could be a different story when it comes to long-term recovery.
With the resurgence of COVID-19, hospitals and medical facilities are filling with patients. They may have difficulty treating injury patients due to fears of exposing people to the virus. This could delay physical therapy or follow-up visits. Sometimes the fear of exposure can also prevent the injured from seeking medical treatment. However, you should never delay seeking medical help. Call your doctor, he or she can be tell you if it is safe for you to visit. Remember, seeking medical attention can affect your case. If you do not seek medical help, it may be harder to prove your damages.
Pressure to Settle
Another element that could cause problems for individuals who have filed a claim is the pressure to settle. For families experiencing financial pressures due to coronavirus, settling may be tempting. However, settling early increases the likelihood of receiving a low settlement. This could prevent the family from handling all expenses related to their accident.
Insurance companies may also face financial pressures during the pandemic. This could lead them to pressure accident victims to settle faster and for less.
How Are Courts Adjusting?
Courts across the nation are social distancing while operating at limited capacity with reduced hours. South Carolina courts are no different. While some courts in our state are operating as normal, others are either limited or closed. The South Carolina Judicial Branch has a list of which courts are open, limited or closed.
For the courts that are open, officials are trying to limit contact with the public. Where possible, courts are conducting proceedings through teleconferencing or Zoom. In a recent mandate, Donald Beatty, chief justice of the South Carolina Supreme Court, mandated face coverings at all state courthouses.
How Are Attorneys Handling the Coronavirus Outbreak?
Despite the current difficulties, our accident injury attorneys are continuing to help people in need. We stay up-to-date on the latest changes at the courts. That means we are always ready to handle whatever twists the pandemic can muster. At [nap_names id="FIRM-NAME-1"], our Gaffney law office has the resources your case needs.
If you have any questions about your legal options after an accident, you can reach us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"]. You can also send us a message using our confidential online contact form.]]>On Behalf of Parker & Bain, LLChttps://www.parkerbainlaw.com/?p=460892023-02-09T10:37:46Z2020-05-14T10:28:22Z
Call 911 – the police need to be notified when an auto accident happens. It is imperative to call 911 immediately when in an accident or a witness to the accident.
Doctor Care: If you are injured or are not feeling right, seek out treatment immediately. Of course if you are not hurt at all, please do not be inspired by infamous personal injury attorney commercials, but also realize that shock and adrenaline may play a part of when you truly start feeling the aches and pains. Make sure to follow all recommendations of your doctor, and to not delay in any treatment that may be necessary for a full and complete recovery.
Take Pictures: any pictures of the scene; damages to the vehicle; and placement of cars could be helpful in any investigation, settlement, or law suit, if that becomes necessary.
Witnesses: even though law enforcement is on the scene of an auto accident, this does not mean the witness information is collected. If at all possible, speak to the witness and get their name, number, and address.
Call an attorney: Remember, although you want the world to be fair. The insurance company has the job to protect the money they pay out. This means they may attempt to find you partially at fault; find reasons as to why your injuries may or may not be the cause of the accident; and attempt to minimize the trauma and injuries that you may have received. Thus it is important to call an attorney who works on personal injury cases so that you have someone fighting for you while you recover. The sooner to the accident you call the attorney; the better it is for you.
Thus, until you talk to an attorney, it is best not to give a recorded statement at all. For more often than not, they will use your own words to diminish the value of your claim. Honesty is the best policy, but when others are looking for words to trip one up, it is better to remain silent until you have the advice of counsel.]]>On Behalf of Parker & Bain, LLChttps://www.parkerbainlaw.com/?p=460912023-02-09T10:37:48Z2020-03-05T11:28:22ZRideshare services, like Uber and Lyft, are increasingly popular across South Carolina. These forms of transportation offer residents an affordable and convenient way to get around town. Yet, as ridesharing services gain popularity, the risk of getting into an Uber accident also increases. Unfortunately, these types of accidents are extremely complex because rideshare drivers are independent contractors. This means that there are often multiple ways to collect compensation. How you collect compensation depends on whether the rideshare driver had his or her app switched on at the time of the crash. If you suffered an injury in an Uber accident, it is important to know how you can collect compensation.
Who is Liable After an Uber Accident?
Uber employs independent drivers to run their business. This means that each Uber driver has their own auto insurance policies. However, Uber also has a large umbrella policy to cover liabilities. Who is liable after an Uber accident depends largely on whether the driver was operating in “driving mode” or not. However, each situation and case is unique. That is why it is important to have an experienced Uber accident lawyer on your side after a rideshare crash. Your attorney will help determine the best course of legal action and help you identify who is liable.
Driver Not in Driving Mode
If the driver does not have their app turned on, they are not in driving mode. This means that the driver is solely responsible for their actions. If you suffer an injury in an accident with an Uber driver who is not in driving mode, you will need to seek compensation through the driver’s private auto insurance policy.
Driver is Available or Waiting for a Ride Request
If the driver is in driving mode but has not picked up a passenger, Uber may cover the crash. In this situation, Uber’s policy covers up to $50,000 for each injured person or $100,000 for total injuries in the accident. They will also cover up to $25,000 in property damages. In some cases, the rideshare coverage applies only after the driver’s private insurance paid their portion.
Driver in Driving Mode
If the driver is in driving mode, it means he or she is either en route to pick up riders or already has passengers in the vehicle. When this occurs, Uber’s $1 million insurance policy kicks in. This covers all drivers and passengers that suffered an injury. It also covers if an uninsured or underinsured motorist causes the crash.
Why Choose Us?
At [nap_names id="FIRM-NAME-1"], our lawyers have the resources and experience to tackle even the most complex uber accident case. We are not afraid to go toe-to-toe with large insurance companies or with Uber. Whether you are injured as a passenger or as a driver, we can help you get the money you need to recover. Without a Spartanburg, Gaffney car accident lawyer from our law firm on your side, you may not receive the compensation you deserve.
If you suffered an injury in an uber accident in South Carolina, we can help. Call us today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or fill out our confidential contact form for more information. We offer free initial consultations so you can begin seeking justice. No case is too big or too small. Call us today to learn more about your legal options.]]>