Whiplash after a motor vehicle accident is very common. Even a crash at low speed can cause this type of neck injury.
Whiplash defined
Whiplash injuries come from abrupt back-and-forth movement of the head and neck. It may also be characterized as a neck strain, a neck sprain, or a neck injury. But these terms can refer to other conditions as well.
The same back-and-forth motion associated with whiplash can cause other problems too, such as bone fractures, injuries to the discs of the spine, nerve damage, and injuries to the muscles and ligaments in the back.
Whiplash after a car accident
Whiplash after a motor vehicle accident occurs most often when the cars suddenly hit, like in a rear-end collision. Since the victim’s body is traveling at high speeds, the neck keeps going forward and then is quickly jerked back.
The resulting injury is often extremely painful. However, the pain does not always present immediately after experiencing a trauma. Soft tissue injuries and back strains from whiplash, especially, may take a few days to show the full range of symptoms.
Whiplash symptoms
Symptoms will vary from person to person, but they may include the following:
Pain and stiffness in the neck, especially when trying to move
Decreased range of motion in the neck
Headaches
Dizziness
Pain in the shoulder(s) and/or upper back
Numbness or a tingling sensation in the arms
Fatigue
In more extreme or complex cases (especially those that also involve a traumatic brain injury), victims may also suffer from other symptoms, such as:
Blurred or double vision
Tinnitus (ringing in the ears)
Disturbances in sleep patterns, such as feeling extremely tired (hypersomnia) or not being able to sleep (insomnia)
Changes in mood, such as increased irritability or suffering from depression
Difficulty concentrating or suffering from memory problems
Treatment for whiplash: Should I see a doctor?
Getting medical treatment right away is essential after a car wreck, especially if you’re experiencing the symptoms of whiplash. Even if you aren’t suffering from any pain right away, it may be best to get checked out by a doctor. A qualified physician will be able to evaluate your condition. They may detect signs and symptoms that you haven’t noticed yet.
Having detailed medical records starting right after the crash will also help if you choose to file a personal injury claim. This can help you to get compensation for your medical bills, lost wages for missed work, and other losses that result from your injury. Whiplash claims are often looked at with skepticism by insurance adjustors. But having proof of medical records directly after your injury will help support your claim and build a stronger legal case.
For more detailed information on whiplash symptoms, risk factors and complications, see MayoClinic.org
Video: Whiplash After a Motor Vehicle Accident?
Filing a whiplash injury claim
If you’re experiencing symptoms of whiplash after a motor vehicle accident, you should contact an experienced car accident attorney like David L. Hood and his co-counsel legal team. During a free initial consultation, your attorney can listen to the details of your story and should give you informed advice about what your best course of action is moving forward.
Unfortunately, many people don’t consider speaking with an attorney until the medical bills start to pile up or until they get a meager settlement offer from the insurance company. An experienced lawyer can still help them at this point. But it requires a lot of catch-up if they haven’t been keeping track of their medical bills and expenses. If you have not yet spoken to a lawyer, it is important to keep careful track of documents like medical bills, pay stubs, and pharmacy receipts. Any out-of-pocket expenses or other financial losses could be eligible for compensation if you have a thorough paper trail.
And if the insurance company offers you a settlement that doesn’t cover your expenses and meet your financial needs — or if they don’t offer you a settlement at all — call David L. Hood for help.
David L. Hood: Helping Whiplash Victims in South Carolina
If you have been injured by another driver in a car accident — especially if you are suffering from a neck, spine, or back injury –call The Law Offices of David L. Hood right away at (843) 491-6025 or fill out our brief online contact form. We offer free consultations. We can listen to your story and give you advice about what your best course of action is moving forward. Our legal team will handle all the details of your case so you can focus on healing.
We and our co-counsel legal team aggressively pursue justice and compensation for those who have been harmed in car accidents. And if we take on your case, you do not have to pay us unless we reach a settlement or win your case in court.
Clients are not liable for any expenses, unless there is a recovery in their case. However, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.
Even if you’re a careful driver, you can still be a victim of a crash when someone else is at fault. Being in a collision often leads to pain, anxiety, and anger. The intensity of the experience can cause people to make decisions that may not serve their best interests.
However, if you can stay calm and level-headed after a car accident, you can ensure that you get the information you need for insurance purposes. You’ll also need this information if you want to pursue a personal injury case. If you know what to do after a car accident, you won’t have to do research in the heat of the moment, when your mind is still reeling and you’re in pain.
With that in mind, we’ve compiled a list of important steps to take after a car accident. Following these steps can have a positive impact if you decide to file a personal injury claim related to a crash.
Car accident checklist
Call emergency personnel
You should immediately assess the situation after an accident:
Are you or your passengers injured?
Was there another vehicle involved?
Is anyone in the other vehicle injured?
If there are any serious car accident injuries, call 911 right away.
Even if everyone seems okay and there are no serious injuries or medical emergencies, you should call the non-emergency line of the police department and get a police officer to come to the scene. Make sure nothing is removed from the site of the crash until the police arrive. Anything at the scene could constitute important evidence.
Once there, the police officer will take statements from both drivers and any witnesses. The officer might issue a citation to the driver he or she believes is at fault. However, a citation at the scene is not the “last word” on who is at fault for the accident. For this reason, you need to document the accident as best you can. You may need to recall the information later during a deposition or other court proceedings.
When speaking with law enforcement officers or other witnesses at the scene, never make statements that may assign blame for the accident. Even if you think you were at fault for the accident, don’t apologize. You don’t have all the facts yet, and don’t know all the factors that may have caused the accident. When talking with the police, answer any questions they have truthfully and in a straightforward manner. But stick to the facts of the accident only.
Document the accident scene
The police will review the scene so they can write an official report. But you should also gather your own documentation:
Try to collect contact, license, and insurance information from the other driver.
Ask any witnesses to describe what happened and provide their contact information.
If possible, take photos of witnesses at the scene so you can prove they were involved in the accident or there to see it happen.
You should also take photos of the scene itself, with a special focus on any damage to the vehicles and any bodily injuries.
Try to get a few snapshots that can convey the time of day, weather conditions, or any other variables that might be important, such as road conditions.
Try to take photos from different angles. Make sure they include landmarks (billboards, mile markers, fire hydrants, trees, etc.) so you can accurately convey distance and perspective.
Additionally, while the accident is still fresh in your mind, do your best to draw a diagram of what happened and/or write down what happened. In your account, be sure to include key facts like:
the location
landmarks
direction
car speed
what the other car or driver was doing
points of collision
tire marks on the road, etc.
After the police officer wraps up the accident report and you have all the information you need, you’ll be free to leave the accident scene.
Make an appointment with your doctor
After leaving the accident scene, make an appointment with your doctor as soon as possible. Even if you feel like you were not seriously injured and didn’t need immediate medical attention, you should see a physician to officially document your physical and mental condition after the accident.
A doctor will be able to expertly diagnose injuries and other issues that you may not be able to. There are sometimes delayed symptoms after a car accident. Some injuries and types of pain — for example, traumatic brain injuries (TBIs) or neck and back injuries — may not seem severe right after the accident but may worsen over time.
If you still decide not to see a doctor, understand that you’re essentially closing the door forever on receiving compensation for your injuries. Without any medical documentation related to your accident, it’s not possible to establish damages. Therefore, filing a personal injury claim becomes a lost cause.
Many people post about all major life events on social media. So, the temptation to share your story on social media may be strong. However, avoid this urge and stay off social media as much as possible in the days after your accident. Anything you post may become evidence available to the defense in your personal injury case.
Do not post any photos or updates about the car accident on social media. Better yet, don’t use your social media at all until all matters related to the accident are resolved. However, if you’ve already posted something, do not try to go back and delete it. Posts may be considered evidence in your case. So, it’s illegal to remove those posts.
Do not discuss the accident with insurance adjusters
Once the other driver notifies his or her insurance company about the accident, a representative may call you to get a statement about what happened. It’s important to understand that you are not obligated to speak with this person. And you should refuse to answer any of their questions until you’ve talked to an attorney. Do not discuss anything regarding the accident, your or any other person’s physical status, or damage to your vehicle. Anything you say can — and likely will — be used against you in later legal proceedings.
The other driver’s insurance representative’s job is to get you to say something incriminating about yourself or your actions on the day of the crash that might have contributed to the accident. Rather than fall into this trap, contact an experienced personal injury lawyer right away if an insurance adjuster calls you for a statement.
Contact a personal injury attorney after a car accident
If you’re not sure what to do after a car accident, a lawyer can guide you through the process and help you get the compensation you need. Dealing with insurers, doctor’s appointments, medical bills, and more after a car wreck can be overwhelming — especially if someone else was responsible for the crash.
Have your child’s safety seat checked
The National Highway Transportation Safety Administration (NHTSA) recommends that child safety seats be at least checked (and possibly replaced) after a moderate or severe car crash. “Safe Kids South Carolina” does car seat safety checks in most areas of the state. To find one near you, click here.
Car accident injuries and compensation
When you’ve been injured because of someone else’s negligence or carelessness, you shouldn’t have to pay for their poor decisions. You deserve justice and compensation if their negligence led to medical bills, lost wages, and pain and suffering for you or a loved one.
Unfortunately, insurance companies — both the other driver’s and yours — only want to protect themselves, not you. After a collision, you need someone on your side. The legal team at The Law Offices of David L. Hood is here to help you manage everything related to your injury so you can focus on healing. We also know how to navigate the complicated landscape of the law surrounding your unique case. We will fight to get a fair settlement for you or take your case to trial if needed.
Video: What to Do After a Car Accident
The Law Offices of David L. Hood: We Fight for Injury Victims Throughout South Carolina
No one plans to get in a crash. But knowing what to do after a car accident can make a big difference. Stay calm, stay safe, and protect yourself by following the steps above. If you need help, don’t be afraid to reach out to a trusted car accident lawyer.
Here at The Law Offices of David L. Hood, we have years of experience representing injured victims in South Carolina. We offer a free initial consultation so we can listen to your story and provide candid advice about what your legal options are. If you choose to hire us, we also work on a contingent fee basis. This means you don’t pay fees or expenses unless we achieve a settlement or win your case in court.
If you or a loved one has recently been injured in a car accident, contact The Law Offices of David L. Hood at (843) 491-6025 or fill out our online contact form and we’ll get in touch to schedule your free consultation. We know a car accident can turn a person’s life upside down. But we’re here to support you and guide you at every step in your journey toward justice and healing.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
Distracted driving accidents happen every day in South Carolina, and they can change lives in just a few seconds. When drivers take their eyes off the road, even for a moment, it can lead to serious crashes. These accidents often cause damage, injuries, or even death. It’s important to understand what distracted driving is and how to prevent it.
Types of distracted driving
There are three main types of distracted driving:
Visual distractions: When drivers take their eyes off the road. Looking at a phone, GPS, or even turning to talk to someone in the back seat are visual distractions.
Manual distractions: When drivers take their hands off the wheel. Eating, drinking, or changing the radio are common manual distractions.
Cognitive distractions: When a driver’s mind is not focused on driving. Daydreaming or thinking about something stressful can take a driver’s attention away from the road.
Many accidents happen because drivers are distracted by more than one of these at the same time.
What is the number one driving distraction?
The number one driving distraction is using a cell phone, especially texting while driving. Texting takes your eyes, hands, and mind off the road. Reading or sending a text while driving at 55 mph is like driving the length of a football field with a blindfold on. This makes texting one of the most dangerous things a driver can do behind the wheel.
Consequences of distracted driving
The consequences of distracted driving can be severe. Some common results include:
Car crashes
Injuries to drivers, passengers, or pedestrians
Expensive medical bills
Tickets or legal trouble
Higher car insurance rates
Death
Even a small distraction can cause a bad accident. That’s why it’s so important to stay focused while driving.
Distracted driving deaths
Sadly, distracted driving accidents cause thousands of deaths each year across the United States. In South Carolina, many families lose loved ones because of drivers who weren’t paying attention. These deaths are especially tragic because they are preventable. Staying focused on the road could save a life—maybe even your own.
Distracted driving laws in South Carolina
South Carolina has laws in place to stop distracted driving.
Texting while driving is illegal for all drivers in South Carolina. S.C. Code § 56-5-3890 states “It is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State.”
Violations: Drivers can be fined $25 for a first offense and $50 for more than one.
Currently, there have been no state laws passed against using a handheld phone for calls, but some cities may have local rules that are stricter. Also, the South Carolina State House and Senate just sent a bill to the Governor banning handheld calls. He’s probably going to sign it, so there will be tickets and fines if you’re caught.
Distracted driving statistics
Here are some important facts about distracted driving:
Young drivers are the most likely to drive while distracted.
More than 250,000 people are injured each year in the US in distracted driving accidents.
Nationally, more than 3,000 people die each year in distracted driving accidents.
“Texting and driving is six times more dangerous than driving drunk.”
“You are 90% more likely to have an accident when driving distracted.” (doi.sc.gov)
These numbers show just how serious the problem is. We can all help lower these statistics by putting down our phones and paying attention while driving.
How can you prevent distracted driving?
When you get in the driver’s seat, commit to focus fully on driving, and to avoid distractions.
Silence or store your cell phone out of reach so that you’re not tempted to look at it or use it while driving.
Adjust seats, mirrors, seat belt, etc. before getting on the road.
Set GPS, radio, and AC/heat before taking your car out of park.
Never attempt to multi-task while driving. Ask a passenger for help, or pull over to perform other tasks, like updating directions on the GPS.
As a passenger, discourage distracted driving, and help when needed.
The Law Offices of David L. Hood – Serving Car Accident Victims in South Carolina
If you or someone you love has been hurt in a distracted driving accident in South Carolina, the legal team at The Law Offices of David L. Hood and co-counsel will help you navigate the situation professionally. We have over 30 years’ experience helping people involved in serious accidents. After gathering all the necessary information, we will pour our efforts into building your case to get you a fair settlement. We’ll also take it to court if the insurance company won’t be reasonable.
Attorney Hood and his co-counsel legal team have a passion to help. We offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent fee based case, where you don’t pay unless we get a recovery for you.
Call us today for your free initial consultation. We can also be reached 24/7 by email, text or chat.
Don’t wait—talk to a lawyer who understands distracted driving accidents today!
Sexual battery cases in South Carolina are serious and can have a major impact on victims and their families. In South Carolina, the law takes these crimes very seriously. Victims have the right to seek justice in both criminal and civil courts.
Sexual battery definition
Sexual battery is defined as the penetration—no matter how slight—of the vagina or anus with any body part or object. This includes oral penetration by the sex organ of another person, without the consent of the victim. Based on this definition, sexual battery encompasses the crimes of rape, sodomy, and sexual assault with an object. The key element for all three of these sex offenses is the absence of consent. This includes situations where the victim cannot legally consent due to their age or mental/physical incapacity, whether temporary or permanent.
Reporting sexual battery cases
According to the most recent crime report published by the South Carolina Law Enforcement Division (SLED), there were 2,240 reported instances of sexual battery in 2023. Unfortunately, this number doesn’t reflect the actual amount of sexual crimes committed.
A report by the Rape, Assault, and Incest National Network (RAINN) states that, on average, out of every 1,000 sexual assaults, only 310 will be reported to the police. Of those 310 cases reported, only 50 will lead to arrests. Only 28 of those 50 perpetrators will receive a felony conviction, and 25 of them will actually be incarcerated. However, victims of sexual assault may still be able to sue their assaulter and other responsible parties in civil court for money damages, even without a criminal conviction.
In South Carolina, 95 percent of sexual offenders are male, and the majority of those offenders are between the ages of 25 and 34. A slim majority of female offenders are under 18, followed closely by those aged 25 to 34. The victims of sexual battery are predominantly female, with 10 percent of victims being male. In both cases, an overwhelming majority of the victims are under 18. Of the 1,969 female victims in 2023, 837 of them were minors (40 percent). Of the 228 male victims in 2023, 161 of them were minors (70 percent).
Relationships between perpetrators and victims
The relationships between male victims and their offenders were 51% acquaintances, 33% family members, 3% intimate partners, and 1% strangers. The other 12 percent were unable to identify the perpetrator of the assault. The relationships between female victims and their offenders were 45% acquaintances, 20% family members, 16% intimate partners, and 7% strangers. The remaining 12% were unable to identify the perpetrator of the assault.
Types of sexual battery crimes
Sexual battery can be divided into three crimes:
Forcible rape
Forcible sodomy
Sexual assault with an object
The most common type of sexual battery for males was forcible sodomy, while the most common type of sexual battery for females was forcible rape. The majority of male victims of forcible sodomy were under ten years old. The majority of female victims of forcible rape were between the ages of 11 and 17. Residences/homes are the most common areas where sexual battery is committed, with 62 percent of all sexual battery occurring there.
Sexual battery cases in SC
Within South Carolina, there are 8 counties that had over 100 sexual battery cases reported in 2023.
Greenville County had 238 cases reported with a clear rate (number of perpetrators who are in the process of facing legal consequences) of 63 percent.
Horry County had 236 cases reported and a clear rate of 31 percent.
Richland County had 180 sexual battery cases reported and a clear rate of 25 percent.
Charleston County had 162 cases reported and a clear rate of 23 percent.
Spartanburg County had 127 sexual battery cases reported and a clear rate of 40 percent.
Anderson County had 126 cases reported and a clear rate of 44 percent.
Florence County had 119 cases reported and a clear rate of 9 percent.
Lexington County had 115 cases reported and a clear rate of 21 percent.
Warning signs
Since many instances of sexual assault go unreported, it’s important to recognize the warning signs that someone may be a victim of sexual battery:
Experiencing depression, having low self-esteem, an increase in drug or alcohol use, falling grades or withdrawing from classes, avoiding specific places, and practicing self-harming behaviors.
Unusual weight gain or loss, experiencing anxiety or depression, falling grades, a sudden appearance of bruises, and expressing thoughts about suicide.
Showing excessive knowledge about sexual matters, being overly compliant, not wanting to be alone with certain people, having nightmares and increased aggression, and regressive behaviors such as thumb sucking or bedwetting.
Sexual battery cases against children
Perpetrators of sexual battery against children often resort to manipulative behaviors known as grooming to gain access to a potential victim, coerce them to agree to the abuse, and reduce the risk of being caught. Grooming tends to follow the same pattern, so it’s easy to spot once you know the signs:
First, abusers tend to choose children that they view as vulnerable. Abusers will often put themselves in roles where they have access to minors and attempt to physically or emotionally isolate them from those who would protect them, often gaining the trust of victims through giving them gifts, extra attention, or sharing “secrets” with them. Finally, abusers often initiate physical contact with their victims in ways that seem harmless, like hugging or tickling, before escalating to increasingly sexual contact, such as massages. They may also talk about sexual content with or show pornography to their victim to introduce the idea of sexual contact.
Protecting children from sexual battery
The best ways to protect your children from sexual battery are to be involved in their life, encourage them to speak up, and to start conversations about safety when they’re young. Being actively involved in a child’s life can make warning signs of child sexual abuse more obvious and help the child feel more comfortable coming to you if something isn’t right. If you encourage them to speak up and have had conversations about safety, then these lessons help them know when something isn’t right and give them the power to speak up.
Protecting yourself
For college students and adults, there are steps that you can take to help yourself stay safe. It’s important to stay alert, lock your doors and windows before you sleep or leave your dorm or home, and have a plan B. In social settings, make sure to know your limits and to protect your drink. If you ever feel uneasy, trust your instincts. It’s okay to lie in order to exit an uncomfortable situation. Remember, your safety always comes first!
Video: Sexual Assault Cases
The Law Offices of David L. Hood, Sexual Assault Attorney in South Carolina
If you or someone you know has been affected by sexual battery in South Carolina, don’t wait to get help. You may be able to file a civil lawsuit and hold those responsible accountable for what they did.
We know how difficult it can be to deal with the immediate and long-term effects of sexual assault. At The Law Offices of David L. Hood, we work hard to make things simple for you.
After a free case evaluation, if we believe we can help you and your family, Attorney David Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!
Speaking up takes courage, but the law is on your side. With the right support, victims can take steps toward healing and justice.
Amazon injury rates are higher than injury rates at similar warehouses.
Amazon is one of the biggest employers in the U.S. Its warehouses are known for fast shipping and high-tech automation. But they’re also getting attention for a more troubling reason—worker injuries. Reports show that Amazon warehouse workers get hurt more often than those at similar jobs. This raises serious concerns about safety and working conditions.
How do Amazon injury rates compare?
According to a recent study, the Occupational Safety and Health Administration (OSHA) reported that Amazon warehouses have greater injury rates than other fulfillment facilities. In fact, Amazon workers were roughly twice as likely as non-Amazon warehouse employees to sustain major accidents. Sprains, fractures, and repetitive stress injuries are examples of ailments that frequently require time away from work or medical treatment.
Amazon employs 79% of workers in warehouses with at least 1,000 employees. However, Amazon warehouses account for 86% of all injuries.
Data also suggests that serious injuries – ones requiring time off or job restrictions – occur more frequently in Amazon warehouses compared to other companies in the industry.
Why are Amazon warehouses more dangerous?
There are several reasons Amazon’s injury rates are higher than other warehouses. Many of these issues stem from the company’s focus on speed, automation, and strict worker productivity quotas:
Fast-paced work environment
Amazon warehouses operate at a rapid pace, with workers expected to meet high quotas for picking, packing, and moving items. Employees often report that they feel pressured to move as quickly as possible, leaving little time for proper lifting techniques or breaks. This fast-paced environment increases the risk of muscle strains, slips, and repetitive motion injuries.
Automation and robotics
Amazon has invested heavily in automation, using robots to move goods and assist with fulfillment. However, instead of reducing injuries, automation has often made jobs more demanding.
Workers are expected to keep up with robotic systems. This leads to faster movements, more repetitive tasks, and an overall increase in physical strain.
Amazon injury rates actually increase with robot automation
In recent years, Amazon has increased the use of robots in its warehouses to speed up delivery times and improve efficiency.
When Amazon started using robots, the company claimed the automation would help reduce injuries to workers. Reveal from the Center for Investigative Reporting has obtained Amazon records that show the exact opposite. While automation may help the company move products faster, it has also led to a significant rise in worker injuries.
Some reports indicate that Amazon injury rates are higher in warehouses that use robots compared to those that do not. In fact, reports from workplace safety groups show that injury rates at robotic fulfillment centers can be as much as 50% higher!
These “robots are apparently so efficient that quotas have increased substantially, requiring workers to do repetitive motions over long shift that can eventually lead to injuries.” For example, “workers at robotic fulfillment centers were expected to pick up and scan roughly 400 items an hour, compared with the standard rate of 100 items per hour at other facilities.” (CNBC.com) In other words, humans can’t keep up with the robots without hurting themselves.
Inadequate safety measures
While Amazon has stated that worker safety is a priority, many employees have reported that safety training is insufficient. In some cases, injured workers say they were discouraged from reporting their injuries or seeking medical treatment. Some warehouses have also been criticized for failing to provide enough rest breaks, forcing workers to push their bodies to the limit just to meet quotas.
The US Senate Committee on Health, Education, Labor, and Pensions conducted an investigation using seven years of Amazon workplace injury data. 130 Amazon workers were interviewed during this investigation. From this report:
“Workers report having to regularly bypass safety measures, such as properly using ladders or asking a teammate for help to lift a heavy item, to keep up with the company’s productivity requirements. As a result, workers are forced to choose between following safety procedures and risking discipline and potential termination for not moving fast enough.”
“Amazon actively discourages injured workers from receiving outside medical care, putting injured workers further at risk.”
Despite measures recommended by the Occupational Safety and Health Administration (OSHA), “such as an extra rest break or rotating workers to other jobs during the day,” Amazon has not widely implemented the measures. Therefore, injury rates have continued to rise.
What types of injuries are most common?
The most common injuries reported in Amazon warehouses:
Repetitive stress injuries: Constant bending, lifting, and reaching can cause long-term damage to muscles and joints.
Back and shoulder injuries: Lifting heavy items without enough recovery time leads to muscle strains and spinal issues.
Slips and falls: Fast movement in crowded warehouses can lead to dangerous falls, sometimes causing fractures or concussions.
Crush injuries: With heavy machinery and robotic systems in place, some workers have been injured by equipment or falling objects.
Amazon’s response to workplace injuries
Amazon has acknowledged workplace safety concerns and claims it is working to improve conditions. The company has introduced safety programs, better training, and injury prevention measures to try to improve Amazon injury rates.
Many workers and labor advocates argue that these efforts are not enough, as the pressure to meet productivity goals continues to put employees at risk. Workers feel that the pressure to meet quotas still overrides safety concerns, and that real change will only come with stronger protections and enforcement from regulators.
According to TheNation.com, Amazon has emphasized improvements in “lost time” rate. This refers to missed days of work due to injuries. However, a report by the Strategic Organizing Center found that Amazon could be shifting cases that would normally be categorized as “lost time” to “light duty”. “When workers are seriously injured, Amazon has a strategy to push them to keep working while they are recovering—a policy that is designed to reduce the number of lost time cases and save the company money on workers’ compensation program costs.”
Of course, this “Return to Work” program may cause injured employees to return before they should. 37% of injured workers reported that they were pressured to return to work before they felt ready. This can cause more injuries.
What can injured workers do?
If you are an Amazon warehouse worker who has been injured on the job, you have legal rights. You may be eligible for workers’ compensation benefits to cover medical bills, lost wages, and rehabilitation costs. In some cases, if your injury was caused by negligence, such as unsafe working conditions or lack of proper training, you may also have grounds for a legal claim against Amazon. However, navigating a workers’ compensation claim can be difficult, especially when dealing with a large corporation like Amazon.
In some cases, Amazon or its insurance providers may try to deny or minimize claims. If this happens, seeking legal help from an experienced workers’ compensation attorney can make a big difference in securing the benefits you deserve.
It is important to report any workplace injury as soon as possible and seek medical attention. Keeping documentation of your injury, including medical records and witness statements, can help support your claim.
Video: How Long Do You Have to File Workers’ Comp?
How we can help
If you or a loved one has been injured working at an Amazon warehouse (or any other warehouse), an attorney may be able to help you in several ways:
Filing a workers’ compensation claim: A lawyer should be able to guide you through the process and ensure all paperwork is completed correctly.
Appealing denied claims: If your claim is denied, an attorney can help you fight for the benefits you need.
Investigating workplace conditions: A legal team can look into unsafe conditions, hold your workplace accountable, and potentially seek additional compensation.
Protecting your rights: Your employer may pressure you to return to work too soon. A lawyer can work to ensure that you receive proper medical care and fair treatment.
Amazon injury rates continue to be higher than comparable warehouses, putting thousands of workers at risk. While automation and efficiency drive the company’s success, these factors have also contributed to dangerous working conditions. The fast-paced environment, repetitive tasks, and high expectations put employees at risk for serious injuries.
If you or a loved one has been injured while working at an Amazon facility, or any other warehouse, you may have legal options. Consulting with an experienced workers’ compensation attorney can help you navigate the claims process and ensure you receive the compensation and care you deserve.
The Law Offices of David L. Hood – Worker Injury Attorneys in South Carolina
The Law Offices of David L. Hood and co-counsel have been fighting for the rights of injured workers all across South Carolina for over 30 years. We have a dedicated team that will strive to take care of your claim professionally and treat you with respect. Over the years we and our co-counsel have represented hundreds of injured workers and their families, working hard to get them the medical treatment and compensation they deserve.
To learn more about what we can do for you, contact our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. To get in touch with us, you can contact our offices by phone, email, text or chat.
What are the main causes of TBI? First, let’s talk about what a TBI (traumatic brain injury) is.
What is a TBI?
The Centers for Disease Control and Prevention (CDC) defines a TBI as “a bump, blow, or jolt to the head that disrupts the normal function of the brain.” Anything that penetrates brain tissue can also cause a TBI (for example, a bullet or knife). These injuries can be mild (like a concussion) or severe, leading to long-term disabilities.
TBI is a major cause of disability and death in the United States. According to Brainline.org, 2.8 million Americans are diagnosed with Traumatic Brain Injuries each year. 2.5 million of those 2.8 million are treated in the emergency room and released. 282,000 are hospitalized; and 56,000 die as a result of TBI.
Understanding the common causes of TBI can help people stay safe and know their legal options if someone else is responsible for their injury.
Causes of TBI
Head injury at work
Workplaces can be dangerous, especially in industries like construction, manufacturing, and warehousing. Falling objects, slips and falls, and heavy machinery accidents can all lead to serious head injuries. Workers who are not given proper safety equipment or training are at an even higher risk. If an employer fails to follow safety rules and a worker suffers a TBI, the injured person may have a legal case to seek compensation.
Common causes of TBI in the workplace:
Slips and falls – Wet floors, cluttered walkways, or uneven surfaces can cause workers to fall and hit their heads.
Falling objects – Tools, materials, or equipment can fall from above and cause serious head trauma.
Vehicle accidents – Workers who drive trucks, forklifts, or other heavy equipment are at risk of head injuries in crashes.
Explosions or blasts – Sudden loud noises or shock waves can cause concussions, especially in industrial settings.
Workplace violence – Physical altercations or assaults can result in traumatic brain injuries.
Legal implications of a workplace head injury
If you suffer a head injury at work, you may be entitled to compensation. Here are some legal options to consider:
Workers’ compensation
Most employers in South Carolina must carry workers’ compensation insurance. If you are injured on the job, this coverage can help pay for:
Medical expenses
Lost wages
Rehabilitation costs
Disability benefits
Workers’ compensation is a no-fault system, meaning you do not have to prove your employer was negligent to receive benefits. However, your claim could be denied if you failed to report the injury on time or if the insurance company disputes your case.
Third-party claims
In some cases, another party may be responsible for your head injury. If a defective product, unsafe equipment, or negligent contractor caused your accident, you may be able to file a personal injury lawsuit against them. This could allow you to seek compensation beyond what workers’ comp provides, including pain and suffering damages.
What to do after a workplace head injury
If you suffer a head injury at work, take these steps to protect your health and legal rights:
Seek medical attention – Even a minor head injury can lead to serious complications. Get checked by a doctor as soon as possible.
Report the injury – Notify your employer right away. In South Carolina, you typically have 90 days to report a workplace injury.
Document everything – Keep records of medical visits, accident reports, and any communications with your employer or insurance company.
Consult an attorney – A workers’ compensation lawyer can help you navigate the claims process and fight for the benefits you deserve.
Car accident head trauma
Car accidents are another one of the leading causes of TBI. A car accident can happen in an instant, but the effects can last a lifetime. One of the most serious injuries a person can suffer in a motor vehicle crash is head trauma.
A sudden crash can cause a driver or passenger to hit their head against the steering wheel, dashboard, or window. Whiplash can also cause a brain injury without direct impact to the head. Even if there is no visible injury, the brain can move inside the skull, leading to bruising, swelling, or bleeding.
Long-term issues can stem from even a mild concussion, while severe brain injuries may require lifelong care. If another driver’s negligence caused the accident, the injured person may be able to file a legal claim for damages. In this case, it’s important to understand your legal rights and options.
Who is liable for head trauma after a car accident?
Determining who is responsible for your injuries is key to getting compensation. Liability in a car accident usually depends on negligence, which means proving that someone else caused the crash. Common parties who may be held responsible include:
Other drivers: If another driver was speeding, distracted, or reckless, they may be held liable.
Car manufacturers: If a vehicle defect contributed to your injury, the manufacturer could be at fault.
Government agencies: If poor road conditions or faulty traffic signals played a role, a government agency might be responsible.
A lawyer can help investigate your accident and determine who should be held accountable.
Compensation for car accident head trauma victims
Victims of head trauma may face expensive medical bills, lost income, and a lower quality of life. A legal claim can help recover compensation for:
Medical expenses – Hospital stays, surgery, rehabilitation, and future treatments.
Lost wages – If you miss work or are unable to return to your job.
Pain and suffering – Emotional distress and reduced quality of life.
Long-term care costs – If the injury leads to permanent disability.
In cases where the accident was caused by extreme negligence or reckless behavior, punitive damages may also be available.
Proving a head trauma case can be complicated. Insurance companies may try to downplay your injuries or deny your claim. A lawyer can gather evidence, negotiate with insurance companies, and fight for the full compensation you deserve.
TBI caused by Medical Malpractice
In some cases, medical malpractice can be one of the causes of TBI. When a doctor or hospital is at fault for a patient’s TBI, the victim or their family may be able to take legal action.
How can medical malpractice cause a TBI?
There are several ways a medical mistake can lead to a TBI:
Surgical errors – A mistake during brain surgery or procedures involving anesthesia can cause oxygen loss or direct damage to the brain.
Lack of oxygen (hypoxia) – If a patient is not given enough oxygen during surgery or childbirth, brain cells can start to die, leading to a TBI.
Medication errors – The wrong drug or incorrect dosage can lead to seizures, strokes, or other conditions that damage the brain.
Failure to diagnose or treat – If a doctor fails to detect a stroke, brain infection, or other condition in time, it can lead to permanent brain damage.
Legal implications of a TBI caused by medical malpractice
If a TBI was caused by medical malpractice, the patient may be entitled to compensation. However, proving a malpractice case can be complex. The patient (or their family) must show that:
The doctor or healthcare provider had a duty to provide proper care.
The provider failed to meet the standard of care.
That failure directly caused the TBI.
The injury resulted in significant harm, such as medical bills, lost wages, or long-term disability.
What compensation is available?
Victims of medical malpractice may be able to recover damages, including:
Medical expenses – Costs for hospital stays, rehabilitation, and ongoing treatment.
Lost wages – If the injury prevents the person from working.
Pain and suffering – Compensation for emotional and physical distress.
Long-term care – If the injury requires lifelong medical attention.
Medical malpractice cases are complicated and require strong evidence. A skilled attorney can help gather medical records, consult experts, and fight for fair compensation. If you or a loved one suffered a TBI due to a medical mistake, seeking legal help is essential.
In conclusion, workplace accidents, car accidents and medical malpractice can all be causes of TBI.
Video: What are my options if I’ve suffered a TBI?
Online resources for South Carolinians with TBI’s:
A traumatic brain injury can change a person’s life forever. If someone else’s negligence caused the injury, they should be held accountable. A skilled attorney can help victims and their families understand their rights and fight for the compensation they deserve. If you or a loved one has suffered a TBI, speaking with a lawyer could be the first step toward justice.
Because of the tremendous costs and long-term health consequences associated with TBI’s, if you suffer a TBI that is through no fault of your own, it is a good idea to contact an attorney for help.
Contact TBI Attorney David L. Hood for a Free Consultation
If you or someone you care about has suffered a traumatic brain injury, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.
We know how difficult it can be to deal with the immediate and long-term effects of a traumatic brain injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Traumatic Brain Injury Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!
Dram shop law cases are personal injury lawsuits that involve the illegal sale or serving of alcohol. In these cases, the plaintiff seeks to hold the server, store clerk, bar or restaurant liable for the harm caused by the drunk customer.
What is a dram shop?
“The term dram shop is used to describe a tavern, bar, restaurant, or other commercial establishment that serves alcoholic beverages. It was used to refer to establishments where spirits were sold by the spoonful or a dram, a unit of liquid measurement.” (alcohol.org)
What is a dram shop case?
Dram shop laws originated in the United States during the 19th century.
A dram shop law case occurs when the intoxicated person causes injury or death to a third party after the dram shop has sold beer or wine to them under one of the following conditions: the person was under the age of twenty-one or was already intoxicated. That third party may then bring a lawsuit against not only the drunk person, but also against the place that sold the alcohol to the already intoxicated person or minor.
Although there is no specific dram shop statute in the Palmetto State, South Carolina does recognize dram shop claims. SC law Section 61-4-580 states: “No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder’s permit: sell beer or wine to a person under twenty-one years of age; sell beer or wine to an intoxicated person.”
Proving a dram shop claim can be tricky. That’s why it’s important to contact a lawyer who can help. You must prove that the restaurant or bar knowingly served alcohol to a minor orsomeone who was already clearly drunk, and that your injuries were caused by that barfly’s being under the influence.
Dram shop law cases in South Carolina
Hartfield v. The Getaway Lounge & Grill, Inc. (697 S.E. 2d 558, 388 S.C. 407) set the rules for proving alcohol liability in South Carolina. The South Carolina Supreme Court decided this important case in 2010. It involved a customer who was served alcohol at several bars before causing a car accident that killed one person and badly hurt another.
In this case, Hoyt Helton went to several different bars and drank too much. When he arrived at The Getaway Lounge and Grill, the bartender should have been able to tell Helton was intoxicated before serving him three more beers. Later that night, while driving, he crossed over into the wrong lane and hit a car. Jon Erik Hartfield was a passenger in that car. Helton, (whose blood alcohol level measured .212) died in the crash.
Hartfield and his dad decided to sue three of the bars Helton had stopped by that night. They believed the bars were partly to blame for letting Helton drink so much. During the trial, Hartfield’s father testified that his son was badly hurt and was in a coma for over six months. “Jon still requires care, wears a leg brace, is unable to drive, and has problems with short term memory.”
Case results
In the end, Hartfield and his dad won their lawsuit against The Getaway Lounge & Grill.
The court said the bar could be held responsible because:
The customer’s blood alcohol content (BAC) was .212, showing he was drunk.
The bar should have known he was drunk.
The bar could still be liable even if the customer didn’t seem obviously drunk.
This case helped define dram shop liability in South Carolina. This means businesses may be held accountable if they serve alcohol to someone who is intoxicated (over .08% blood alcohol level) or underage and they cause harm.
Over two-million-dollar settlement
On a late night a young lady was driving the speed limit and heading to her third shift where she had worked as a care giver for almost 10 years.
Unknown to her, a man was leaving a bar. He had had a lot of alcohol to drink. In fact, depositions and discovery showed a bar tab of 36 drinks. He was also speeding when he crashed into the rear of the defenseless woman. The police report showed he was going 85 miles per hour in a 40 MPH zone.
The young lady was shocked when the intoxicated man hit her forcing her car to flip several times before it was finally stopped by a tree. The chaos of the accident led to one victim being airlifted to the hospital with EMS and the fire department also involved.
In this case, Attorney Hood of The Law Offices of David L. Hood and his co-counsel legal team were able to get the maximum available liability insurance ($50,000) from the at fault driver. They were also able to get the total available underinsurance of $100,000.
But the largest recovery was getting the entire insurance available under the South Carolina Dram Shop Act – which was $2,000,000.
South Carolina dram shop act requirements
In South Carolina, businesses with liquor licenses are required to carry at least $1,000,000 to cover situations where they knowingly serve alcohol to someone who is visibly drunk and hurts an innocent party. Typically, to get this kind of result, the lawyers have to file suit (which they did in this case) and engage in thorough investigations, discovery & depositions. Any videos, training and statements are critical to get in dram shop cases. If someone is a victim of an intoxicated person who’s just left a bar, restaurant or club, it’s key to contact an experienced dram shop lawyer to help get the best results.
What is the statute of limitations for dram shop law cases?
Like other personal injury cases in South Carolina, the statute of limitations on dram shop law cases is usually three years. This means you typically have up to three years from the date of the accident to file a case.
In SC, businesses who sell on premises drinking alcohol are required by law to have a minimum $1,000,000 liability policy.
Every drunk driving claim is unique. So, it’s impossible to generalize about your case without knowing all the facts and circumstances. If you have questions about your potential claims, call us at (843) 491-6025.
Video: Hit by a drunk driver?
Injured by a drunk driver? Steps to take:
In the aftermath of a drunk driving wreck, it’s understandably hard to think clearly. Your focus is on your safety, getting medical attention, and calling law enforcement. If you didn’t think to take pictures or identify witnesses, don’t panic. An experienced South Carolina car accident and personal injury lawyer can investigate the crash that injured you and collect evidence for your claim.
After the accident, you’ll typically have to file a series of insurance claims. The insurance adjuster may want to take your statement. They might discourage you from hiring a personal injury lawyer. It’s not in your best interest to make statements or negotiate a settlement without help from an attorney (see our blog Insurance Company Bluff). Instead, you should contact an experienced motor vehicle accident lawyer (who’s handled dram shop cases) right away for help.
Motor Vehicle Accident Attorney David L. Hood: Fighting for Victims of Drunk Driving and Personal Injury in South Carolina
If you or a loved one suffered injuries or death in a serious drunk driving crash or other type of auto accident in South Carolina, contact The Law Office of David L. Hood to help you! We have served South Carolina accident and dram shop victims for over 30 years by standing up to insurance companies, demanding fair compensation, and helping our clients rebuild their lives. Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.
*Settlements are posted for informational purposes only. Any future verdicts or settlements cannot be predicted from prior results. Any result the lawyer, law firm or co-counsel may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
Many surgical complications are caused by medical errors, according to a new study led by Harvard T.H. Chan School of Public Health. Over a third of inpatient surgical patients “have adverse events related to their care, and at least 1 in 5 of these complications is the result of medical errors, the researchers found.” (CNN.com)
Surgery is often a necessary part of treating serious health conditions. While most procedures go as planned, medical errors during or after surgery can lead to complications. These mistakes can cause physical pain, emotional distress, and financial strain for patients and their families.
New study
Comparing the results of this new study to a similar study from 40 years earlier, the safety issues haven’t gotten any better, unfortunately. Sadly, the problem may be even worse than it was in the previous study. (hsph.harvard.edu)
Many important changes have been made since the original study that should make surgeries safer. A few examples are electronic medical records, pre-surgery checklists, and better awareness of conditions like sepsis.
Common examples of medical errors that can cause surgical complications
Surgery on the wrong site: This occurs when a surgeon operates on the wrong body part. For example, a patient might need surgery on their right knee, but the left knee is mistakenly operated on. Despite protocols like marking the correct site, these errors still happen in rare cases.
Retained surgical instruments: After surgery, tools like sponges, needles, or clamps can be accidentally left inside a patient. These objects may lead to infections, severe pain, or even additional surgeries to remove them.
Anesthesia errors: Administering the wrong dose of anesthesia is another common mistake. Too much anesthesia can cause breathing problems, brain damage or even death. Too little anesthesia can lead to a patient waking up during surgery.
Nerve damage: Surgery often involves working near nerves. A slip of the hand or improper use of tools can accidentally damage nerves, causing chronic pain, numbness, or loss of function in the affected area.
Organ perforation: During abdominal or pelvic surgeries, a surgeon might unintentionally puncture an organ like the stomach, intestines, or bladder. If not promptly addressed, this can lead to severe infections or organ failure.
Infections after surgery: Poor hygiene, improper sterilization of tools, or failure to follow care protocols can lead to infections. These infections may cause prolonged hospital stays, additional surgeries, or long-term complications.
Medication errors: Surgical patients often receive medications before, during, and after surgery. Mistakes like giving the wrong drug, incorrect dosage, or failing to check for allergies can have serious or even fatal consequences.
Even highly trained surgeons and nurses can make mistakes, especially under pressure or when working in understaffed environments.
Causes of medical errors
Several factors can contribute to medical errors. Some are related to human mistakes, while others stem from problems within the healthcare system.
Lack of communication: Clear communication among the surgical team is essential. Misunderstandings about the surgical plan, patient information, or equipment can lead to serious errors.
Fatigue or burnout: Surgeons and medical staff often work long hours. Fatigue can impair judgment, concentration, and coordination, increasing the risk of mistakes.
Inadequate training: If a surgeon or assistant is not properly trained or experienced with a specific procedure, they may be more likely to make errors.
Faulty equipment: Malfunctioning surgical tools or devices can lead to complications. For example, if a monitor stops working, the surgical team may miss crucial changes in the patient’s condition.
Rushed procedures: When hospitals are busy, some surgeries may be rushed to make room for other patients. This can result in shortcuts or overlooked details.
Poor pre-surgical planning: Before surgery, the team should review the patient’s medical history and plan the procedure carefully. Skipping this step can lead to errors during the operation.
Preventing medical errors requires action from both healthcare providers and patients.
Risk of surgical complications
The older a patient is, the more likely he/she will have complications during/after surgery. The risk of complications also increases with certain types of surgeries. Heart and lung surgeries have the highest rate of complications; gut and digestive system operations have the next highest rate, followed by procedures involving bones and joints.
Deborah Mate is the president and CEO of the Institute of Healthcare Improvement, a non-profit organization that advocates for patient safety. Mate said this problem, “should be alarming to everyone in the industry that is paying attention.” (CNN.com)
How to prevent surgical medical errors
Steps for healthcare providers:
Implement safety protocols, such as pre-surgery checklists.
Foster a culture of communication where team members feel comfortable speaking up about concerns.
Provide ongoing training to ensure staff are skilled in the latest techniques.
Use advanced technology to monitor patients and detect issues early.
Steps for patients:
Choose a reputable hospital and surgeon with experience in the procedure you need.
Ask questions about the surgery, including risks and recovery expectations.
Provide a detailed medical history, including allergies and medications.
Confirm the surgical plan with your doctor before the procedure.
Bring someone with you if you’re going in for surgery. The patient is not always as mentally alert as normal or is in a lot of pain.
By staying informed and advocating for patient safety, we can work towards a healthcare system that minimizes these preventable mistakes.
Surgical Safety Checklist in South Carolina
The World Health Organization (WHO) surgical safety checklist has been shown to reduce complications and mortality when used. The checklist includes important steps and things to check before surgery starts, during the surgery, and before the patient leaves the operating room.
In South Carolina, this checklist has become standard procedure in many healthcare facilities. Successful use of the surgical safety checklist is estimated to save the lives of up to 500 South Carolinians per year. (SCHA.org) Unfortunately, this checklist is not mandatory all over the United States.
Surgical complications don’t just affect a patient’s health—they can also have legal and emotional consequences.
Financial burden: Additional surgeries, hospital stays, and medications can lead to overwhelming medical bills. Many patients also lose income if they are unable to work while recovering.
Emotional distress: Experiencing a medical error can cause anxiety, depression, or post-traumatic stress. Patients may lose trust in healthcare providers, making future medical care more difficult.
Legal action: Patients who suffer from surgical complications caused by medical errors may have the right to file a medical malpractice lawsuit. These claims aim to provide compensation for damages such as medical costs, lost wages, and pain and suffering.
Video: What do you need to do to file a medical malpractice lawsuit in South Carolina?
Surgical complications caused by medical errors can have devastating effects on patients and their families. While mistakes can happen, many are preventable with proper care, planning, and communication.
Holding healthcare providers accountable not only helps you recover but also encourages improvements in the healthcare system. A medical malpractice attorney can help you understand your rights and options.
Contact Medical Malpractice Attorney David L. Hood for a Free Consultation
If you or someone you care about has suffered surgical complications caused by a medical error, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.
We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you.
After a free case evaluation, if we believe we can help you and your family, medical malpractice attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!
Blood alcohol concentration is defined as the amount of alcohol in a person’s blood stream. It’s often referred to as BAC and is measured by a percentage. For example, a BAC of 0.08% means there are 0.08 grams of alcohol for every 100 milliliters of blood. BAC is used to determine if someone is legally too drunk to drive. But some people believe the legal limit should be lowered to make roads safer.
BAC legal limit history
In 1998, the National Highway Traffic Safety Administration (NHTSA) implemented “a national limit, under which it would be illegal to operate a motor vehicle with a blood alcohol concentration of .08 or higher” to deter impaired driving. (one.nhtsa.gov)
The number .08% BAC was chosen at that time for the following reasons:
Most drivers are substantially impaired at .08% BAC
The risk of being involved in a crash increases substantially at the .08% level
.08% BAC is a reasonable level at which to set the legal limit – it’s not normally reached with a glass or two of wine with dinner, or with a couple of beers after work
The public supports BAC levels below .10%
“Most other industrialized nations have set BAC limits at .08% or lower and had these laws in place for many years.”
How are blood alcohol levels measured?
Blood alcohol concentration can be measured by blood, breath or urine tests.
When you’re driving anywhere in the US, implied consent laws require that you have to submit to a blood alcohol level test if there is reason to believe you’re impaired. “Refusal to do so can result in penalties including fines, fees, and the administrative suspension of your license. The refusal to submit to testing can also be used against you in your drunk driving case.” (Forbes.com)
Alcohol legal limit for DUI today
The legal drinking limit refers to how much alcohol a person can have in their system while driving. The legal drinking limit for drivers in all American states (except for Utah) is still 0.08%. In Utah, the BAC limit is .05%. (Forbes.com)
If your BAC is higher than the limit for the state you’re driving in at the time, you are considered impaired by alcohol and can be arrested for driving under the influence (DUI). Studies have shown that even small amounts of alcohol can affect your reaction time, decision-making, and ability to drive safely.
Some countries have set their BAC limits lower, and advocates argue that lowering the limit in the US could prevent accidents and save lives.
Alcohol legal limit – zero tolerance
Most states also have an alcohol legal limit for zero tolerance. This usually applies for drivers under the age of 21 (since existing laws prohibit them to consume alcohol). Zero tolerance may also apply to commercial bus and truck drivers.
The zero tolerance BAC limit is typically much lower at 0.02%, or even zero in some states.
Many people believe that lowering the BAC limit for all drivers could help reduce the number of alcohol-related accidents and fatalities.
Legal alcohol limit in SC
In South Carolina, the legal BAC limit for most drivers is 0.08%. However, zero tolerance in SC is set at .02% for drivers under 21, and .04% for commercial drivers.
South Carolina has seen many accidents and fatalities due to impaired driving. In fact, South Carolina is the worst in the nation for fatalities due to drunk driving. This is according to a study by Simmrin Law Group. 43% of all traffic fatalities in The Palmetto State are caused by drunk drivers. That’s 474 traffic fatalities a year caused by drunk drivers! The national average is 32%.
All Offender Law
In South Carolina, a new law became effective in May 2024 that may help cut down on drunk drivers. The All Offender Law requires all individuals convicted of DUI to have a device installed in their car if they want to drive. The ignition interlock device (IID) is a breathalyzer device. It will keep the car from starting until the driver blows into it and no alcohol is detected. (dppps.sc.gov)
Prior to the All Offender Law, SC law was less strict as far as who had to have the IID installed in their car.
Video: South Carolina Implementing Ignition Interlock Law
Should the legal limit be lowered?
Proponents say that stricter limits could lead to fewer drunk driving incidents. Opponents worry that it could unfairly punish responsible drivers who have only had a drink or two.
As mentioned before, the BAC legal limit in Utah is .05%. It is the only state with a legal limit below .08%. Utah is also has the least drunk driving fatalities, at 22% of all traffic fatalities. A study by the National Highway Traffic Safety Administration (NHTSA) shows that Utah’s impaired driving-related fatalities decreased by 18.3% after the legal limit was lowered from .08% to .05%.
Over 50 countries have a BAC limit of .05. More than 30 other countries have an even lower limit. International studies have shown that when a country lowers BAC limits from .08 to .05, alcohol-related fatal and injury crashes decrease between 5% and 10%. (NTSB.gov)
These statistics show that a lower BAC legal limit may deter drinking and driving.
Lowering the BAC limit might lead to fewer accidents and save lives, but it could also bring challenges. Some people believe that education and stronger enforcement of existing laws would be more effective. However, with growing concerns about alcohol-related crashes, it’s definitely a debate worth having.
Misconceptions about blood alcohol concentration
Drunker than you realize? A few facts that may make you a bad judge:
A full stomach can slow the absorption of alcohol, but it does not mean alcohol can’t creep up on you.
Coffee will not make you sober. Only time will.
Carbonated beverages can cause quicker alcohol absorption.
Stress can cause alcohol to enter your bloodstream faster.
Women get drunk faster than men, even at the same body weight. (idrivesafely.com)
If you have been drinking, arrange for a designated driver from a friend, a cab or ride share. Don’t drive. Robert L. Sumwalt with the NTSB says the goal is to separate drinking from driving. “We don’t tell kids, you should only drive a little drunk. We teach them not to drink and drive…Americans can drink responsibly. And they can drive responsibly. But nobody can responsibly drink and drive.” (Fortune.com)
Lowering the legal BAC limit could be a step toward reducing alcohol-related accidents and saving lives, but it’s not without controversy. Some argue that stricter limits would improve road safety. Others feel that focusing on education and better enforcement might be the key. The decision to lower the legal limit should balance public safety with fairness to responsible drivers. Whether or not the limit changes, it’s important to always drive sober and make smart choices when alcohol is involved.
The Law Offices of David L. Hood: Fighting for Victims of Drunk Driving and Negligence in South Carolina
If you or a loved one suffered injuries in a serious drunk driving crash or other type of auto accident in South Carolina, contact The Law Office of David L. Hood for help right away. We have served South Carolina accident victims for over 30 years by standing up to insurance companies, demanding fair compensation, and helping our clients rebuild their lives. Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.
ATV safety is important, especially in a state like South Carolina, where many people enjoy riding all-terrain vehicles. While riding four-wheelers can be fun and exciting, it can also be dangerous if you’re not careful.
Four Wheelers or All-Terrain Vehicles (ATVs) have many practical uses, such as riding around a large property or navigating woods while hunting. However, these vehicles are just as dangerous as cars. And in South Carolina they have a lot less regulations.
What is an ATV?
An ATV, or all-terrain vehicle, is a motorized vehicle designed for off-road use. It usually has four large tires, a seat for the driver, and handlebars for steering. ATVs are commonly used for recreation, farming, and outdoor work, especially in rural areas.
Why are ATVs so dangerous?
ATVs can be dangerous because they are heavy and can travel at high speeds. They are designed to go over rough terrain, which makes them prone to tipping over. Since ATVs are often used in places without clear roads or paths, the risk of crashing into obstacles or losing control increases. Many injuries happen because riders are not wearing helmets, riding on paved roads, or carrying passengers when they shouldn’t.
ATV Accidents
ATV accidents are common in South Carolina. Many riders underestimate the risks, especially younger or inexperienced drivers. Common causes of accidents include speeding, riding on steep hills, and not following basic safety rules. ATVs are difficult to control on paved roads, yet some people still ride them there, increasing their chances of crashing. Wearing proper safety gear like helmets and protective clothing can reduce the risk of injury.
ATV Deaths
Sadly, ATV accidents can be fatal. Every year, people lose their lives due to ATV crashes, especially in rural areas where help may take longer to arrive. Young riders are particularly at risk because they may not fully understand how dangerous ATVs can be.
According to national data, hundreds of ATV-related deaths happen each year. The most common reasons for ATV deaths are overturns and collisions (with another vehicle or an object like a tree). Usually, these accidents result in the occupant(s) being ejected. (CPSC.gov)
ATV Deaths in South Carolina
South Carolina has had its share of these tragic fatal accidents. An average of 17 South Carolinians die each year from ATV-related injuries. (DPH.SC.GOV)
There have been several recent deaths in South Carolina that occurred due to the driver losing control of their ATV and crashing. While some of these deaths have occurred on private property, there have also been deaths at licensed ATV parks.
Jorge Bienavides died while using an ATV at Carolina Adventure World in Winnsboro, South Carolina. He had lost control of his ATV causing it to flip over and land on him. He died at the scene from the injuries caused by the accident (Charlotte Man Killed in Crash).
Also at Carolina Adventure World:
Robert Bell IV and John Breeden III died when Bell lost control of their ATV, crashed through a gate and fell down a 30-foot embankment. According to the release, “the ATV rolled over numerous times, ejecting both Bell and Breeden, who died at the scene” (Two SC Men Killed in Crash).
Another young man was killed after his ATV flipped at the same ATV park. He was 23 years old.
Finally, at another ATV park – the Broken Nut Off Road Park, 30-year-old Carey Van Goodnough was pronounced dead on arrival after an accident. His ATV went into a pond, and he never came out (One Dead in Kershaw Co.).
ATV Riding on Private Property
In addition to those deaths at ATV parks, there have been other deaths where the drivers owned their own ATVs and had experience riding them. Lee Renwick of Lake Wateree died when he lost control of his ATV while driving down a road. He crossed the centerline, flipped, and died at the scene of the accident. According to the officers who responded to the crash, Renwick was not wearing a helmet. Although with current ATV legislation, he was not required to (Man Killed in ATV Crash).
Another man was charged with driving under the influence resulting in death in Colleton County, SC. Lee Rollin McClary was driving an ATV with a passenger on private property. The ATV overturned and killed his passenger (Man Charged in Deadly ATV Accident).
ATV Regulations
Anyone in South Carolina that is six years old or older can use an ATV as long as they are on private property and are supervised by an adult. Adults are not required to wear helmets while operating ATVS. However, anyone under 16 years of age must wear a helmet when driving or when riding as a passenger on an ATV (South Carolina General Assembly).
Chandler’s Law
To address ATV safety for children, South Carolina passed Chandler’s Law in 2011. This law was named after a 16-year-old boy named Chandler Saylor. Saylor was from Swansea, SC, and was killed in May of 2003 while riding an ATV at a friend’s birthday party.
Chandler’s Law sets age limits for ATV riders, requiring children under 16 to take safety courses before riding. It also requires them to wear helmets and protective eyewear. Through these regulations, South Carolina hopes to prevent more tragedies and keep ATV riders safe.
ATV Safety
While these deaths were all accidents, they may have been prevented by updated regulations when it comes to the operation of ATVs. There has not been an update to ATV regulations in South Carolina since 2011, and preventable deaths continue to happen.
ATV safety is everyone’s responsibility. If you plan to ride, always follow safety rules, wear the right gear, and know your limits. Be safe out there!
For more information on four-wheeler safety, watch this video by the U.S. Consumer Product Safety Commission:
Video: ATV Safety
Tom Yager, vice president of the ATV Safety Institute suggests following the 8 Golden Rules to prevent injury and death when riding ATV’s:
Always wear a Department of Transportation (DOT)-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots and gloves.
Never ride on paved roads, except to cross safely and where allowed by law.
Never ride under the influence of drugs or alcohol.
Never carry a passenger on a single-rider ATV, or more than one passenger on an ATV designed for two people.
Ride an ATV that’s right for your age.
Supervise riders younger than 16.
Only ride on designated trails and at a safe speed.
Take a hands-on ATV safety course: ATVsafety.org or call 1-800-887-2887.
ATV safety is everyone’s responsibility. If you plan to ride, always follow safety rules, wear the right gear, and know your limits. Be safe out there!
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