Truck Accident Lawyer Blog

The anti-justice U.S. Chamber of Commerce’s prestigious-sounding "Institute for Legal Reform" released its annual survey ranking state legal systems’ fairness to corporations. South Carolina ranked 43rd. For once, a low ranking is good news for South Carolina’s citizens. You see, some years ago, the U.S. Chamber was taken over by the Big Business forces who want to make sure that those who harm others don't have to pay for that harm in court.

The “study” is based solely on the subjective perceptions of Big Insurance's defense lawyers. No other participant in the legal system, such as plaintiff’s lawyers, judges, or law professors, were asked for their opinions. Overall, even defense lawyers had to give South Carolina a “B” for its fairness to corporations.

John Haber, Chief Executive Officer of the American Association for Justice, responded to the so-called study. “At best, the U.S. Chamber [of Commerce]’s legal climate ranking is shoddy, ill-advised research. At worst, it’s propaganda aimed at destroying the civil justice system for corporations that refuse to be held accountable for their negligence and misconduct. . . . . even U.S. Chamber’s own pollster has previously admitted there is no way to measure a state’s legal system. The U.S. Chamber’s goal is to make sure people can’t get justice in the courtroom. This junk study is just one way they try to dupe the masses into believing there’s a problem that doesn’t exist.”

Continue reading "Insurance Foxes Rank Henhouse Security" »

One of the reasons that it is so important to fully compensate injured people is that the injured person may have a lot of financial responsibilities from the incident that you may not be aware of.

For example, after the injured person's attorney reaches a settlement with an at-fault driver, most members of the public assume that the money, minus attorney fees and costs, goes straight to the injured victims. But very often, the wreck victim still must pay back the costs of their medical treatment to an insurance company or the government.

If a health insurer, Medicare, or Medicaid paid for the initial treatment, there is generally a requirement to repay these insurers for the costs of treatment. This is called "subrogation." In the case of the health insurer, this is part of the contract between the person and the company. For Medicare and Medicaid, it is part of the law that created these programs. There are some exceptions to when an injured party must repay the cost of treatment, but these exceptions are limited.

What any insurer can do, however, is voluntarily waive or reduce the amount they will accept. Part of our job for our clients is to obtain these reductions whenever possible. It's important. Some insurers and state Medicaid programs routinely do this in cases where it will be a severe hardship, while other insurance companies take a hard line. Which brings me to a case that recently came to my attention.

Debbie Shanks, who lives in Missouri, was a married mother of three who was severely injured in a crash with a tractor trailer. Mrs. Shanks was severely brain damaged and requires constant care. Mrs. Shanks was awarded nearly $1 million following a lawsuit against the trucking company. Of this, $417,000 was put into a trust for her health care. But instead of having this money to care for her in the future, Wal-Mart’s health insurance plan insisted it should have the money - all of it. Every penny of it. Wal-Mart was her employer at the time of the wreck. Mrs. Shanks was insured through the retail giant’s plan. Wal-Mart had paid $470,000 for her care and wanted to be repaid.

The Wal-Mart plan’s contract language stated that the company was first in line to be paid in the event she sued someone else and won. Wal-Mart’s plan gives no credit to the employee or her attorney for the expense and effort of bringing a lawsuit to recover money for Wal-Mart. Her attorney explained the extreme circumstances to Wal-Mart, but they insisted that they would not make an exception. Their reason: it wouldn’t be fair to the other employees, who pay health care premiums. Wal-Mart sued to recover the money paid and won, although the court limited its recovery to funds actually in the health care trust. The Shanks appealed the decision as far as they could, but on March 17, 2008, the U.S. Supreme Court declined to hear their appeal.

As I wrote this blog post, I found that Wal-Mart gave the Shanks a too-late surprise. After fighting the Shanks all the way to the Supreme Court, after the Shanks divorced to increase her Medicaid eligibility, after wasting years and years in litigation, Wal-Mart on April 1 announced that it had decided to do what it had the option to do from the very beginning: not take the money from this innocent woman. It even offered this apology: “We are sorry for any additional stress this has put on the Shank family.”

Thanks, Wal-Mart.

Thanks to cnn.com and the Wall Street Journal for reporting.

Continue reading "The Wal-Mart "Subrogation" Case - or Why Much of the Verdict and Settlement Funds May Not End Up Going to the Victim" »

It is a horrifying experience when you have been seriously injured in an auto accident, or when a loved one has been lost in a traffic accident fatality. It can be especially traumatic when you don't completely understand where you go from here. There are important steps to take and questions that need to be asked. It is also important to know what not to say and do. These things have a major role in determining the outcome of the legal and insurance claims involved. The reason this is so important is that that outcome can affect you and your family for the rest of your life. Remember, insurance adjusters have special training, and their job ultimately is to protect their employer - the insurance company. Each day, my staff and I help unsuspecting people to avoid being victimized by underhanded insurance tactics - tactics designed to prevent full compensation being paid to people with legitimate claims. Not knowing how to deal with those tactics can destroy your claim for payment of medical bills, for lost income, for physical pain, and for your other losses and harms. To make sure that you are treated fairly, you should get legal advice from an experienced injury attorney right away. In the short term, make sure that you do not give any recorded statements, or sign any insurance company documents before your legal rights have been fully explained to you by an attorney who successfully handles a lot of injury cases.

Continue reading "There Has Just Been a Serious Accident . . . What Now?" »

A wreck in South Carolina involving a tractor trailer can have awful consequences. Big rigs can weigh over 80,000 pounds. The typical four-wheeled car weighs just 3,000 pounds. Because of the massive size of eighteen wheelers, a wreck with one of these monsters can easily cause serious injuries and even fatal results.

When you or a family member is in a wreck with a tractor trailer, your losses and injuries can be devastating. Depending on the circumstances, you may be able to recover compensation for your losses by bringing a legal claim against the responsible parties. However, in the case of a tractor trailer wreck, there are unique problems with preserving the evidence. Those problems mean that prompt action is critically important.

Also, there are special laws which regulate the trucking industry. Those special laws are designed to protect the public from the devastating injuries that can result when tractor trailers are not operated extremely carefully. Make sure the South Carolina lawyer you choose is well-versed in the particulars of tractor trailer litigation.

The bottom line is that if truck drivers or trucking companies are careless, awful things result. Eighteen wheelers cause a highly disproportionate amount of highway fatalities. It is extremely important that those who operate trucks are held responsible when they create harm. When they are held responsible, it makes it less likely that the same carelessness will be repeated. That means safer roads for all of us.

Continue reading "Tractor Trailers are a Major Hazard" »

I awoke this morning with devout thanksgiving for my friends, the old and the new.

Ralph Waldo Emerson

Here's wishing each of you a happy and safe Thanksgiving holiday. I am thankful everyday for the opportunities I have to do the work that I do. It is a rare privilege to be able to earn a living while at the same time helping people, and that is something I always remember. Best wishes!

Thousands and thousands of trucks are on the roads - every minute of every day. By some estimates, nearly one out of four of those trucks have safety violations. These safety violations put all of us at risk.

Wrecks involving tractor trailers are not just like any other motor vehicle accident. They are very different, and failing to recognize this can create huge problems for the injured person's legal claims. Truck accident cases are unique, insofar as there are special laws and regulations which come into play only when these large vehicles are involved. Those laws and regulations are designed to protect the traveling public. The problem is that the trucking companies ignore these safety rules all the time. Understanding exactly how these safety rules work, and how to shine light on exactly what led to a collision, is critical. In the aftermath of a tractor trailer accident, it is important to know exactly how to proceed - and to be fully prepared to act immediately.

Continue reading "Why All The Fuss About Tractor Trailer Wrecks?" »

Why all the emphasis on tractor trailer and truck accidents? The reason is simple. Relatively few passengers and drivers in four-wheeled cars and trucks survive when they are hit by 70,000 pound tractor trailers. Regular automobiles just aren’t designed to hold up after a collision involving a huge tractor trailer. Besides their sheer weight, big trucks become even more dangerous when one or more of the following is brought into the mix:

Tailgating

Failing to Properly Inspect Trucks

Jackknifing

Aggressive and Poorly-Trained Drivers

Speeding

Alcohol and Drug Abuse by Drivers

Illegal Driving Schedules Which Create Exhausted Drivers

Continue reading "Truck Accidents are a Serious Concern" »

Today, I received an email from Katie, who comes from a family with three generations of owner-operators. Katie, quite naturally, sees things from the drivers' perspective. With Katie's permission, here are some of her comments:

Being around trucks for a good part of my life, I have plenty of FIRST HAND experience to tell you about how it REALLY is out on the road. Truckers work HARD, and they work so hard that get tired after countless hours of driving. So they want to pull over on a safe birm to get some sleep. But no, they can't, there are no parking signs on the side of the road, and they will get a fine. So they are forced to try to find the nearest truck stop ... possibly causing them to get into an accident or go off the road. Another point that I would like to make is that truckers have to pay road tax, as well as tax on their fuel. They have more of a right to be out on the road than any pedestrian in a four-wheeler. If truckers stopped for one day, the world would go crazy. There would be no gas, or fuel, no groceries, medicine, oxygen, hospital supplies, books, anything needed or not a necessity. You should thank them for risking THEIR lives everyday. People in cars act totally oblivious to trucks on the road. They simply don't see a 80,000 lbs tractor and trailer next to them when they side swipe them. They choose to go around them while making wide right hand turns, or they slam on their brakes at a just-turned yellow light, while the truck has a 80,000 lbs. jag to stop in seconds. It can't happen, they can't stop. Most truckers are the most respectful, down home, do anything for you kind of people. Truckers are only out there to make a living like everyone else, work hard, and keep America going. Remember "Without Truckers, America Stops"

Is it easy being a professional driver? No, it's not. It's incredibly tough. Even so, it is critically important that those in the business always remember to safely operate their 80,000 pound tractor-trailers for the very reason that Katie brings up. Big trucks just can't stop in a few seconds. I have a feeling that the drivers in Katie's family might just be some of the good guys. Let's hope and pray that they stay safe out there.

The Federal Motor Carrier Safety Administration (FMCSA) is pushing ahead with a program to install satellite tracking devices in tractor trailers that are participating in a test program. FMCSA's tracking system is a way to allow free access to U.S. highways by Mexican truckers.

In September, the Senate voted to prohibit spending on the test program, but the measure has not yet been passed by the full Congress. Despite the Senate's action, FMCSA is pushing forward. FMCSA is spending $367,000 to provide the devices to the trucking companies before any measure passes Congress.

Following the passage of NAFTA, trucks from the U.S. and Mexico were allowed to pass a short distance (about 20 miles in most areas) into each country to make deliveries more efficient. Trade groups have pushed for free travel, but safety advocates have expressed concerns over lax enforcement of safety regulations in Mexico.

FMCSA appears to be using the program to pacify the concerns over truck safety that prompted the Senate to take a stand against allowing Mexican truckers into the U.S. interior. The test program will pay for 100 devices to be given, apparently free of charge, to companies wishing to participate. What's in it for the big trucking companies? Quite simply, it means that Mexican drivers will gain access to the U.S. interior.

The problem is that FMCSA appears to be positioning to use the record of the test program volunteers to prove the safety of the industry as a whole. Of course, no one expects the companies with abysmal safety records to volunteer now. Instead, they can wait until the FMCSA declares the test program a success and access to our roads is granted to all Mexican truckers. FMCSA should stop wasting our tax dollars on a rigged test!

What I am opposed to are unsafe truckers. Unfortunately, the Mexican government has done far too little to enact and enforce safe trucking regulation. As a result, there is no incentive for most Mexican trucking companies to bring their drivers and trucks up to U.S. standards. Until FMCSA can honestly assure the American public that Mexican trucks are as safe as U.S. trucks, they have no business on our roads.

Continue reading "FMCSA is Racing to Complete a Test Program that Congress Wants to Prohibit" »

The South Carolina Solicitors’ Association has honored two Midlands prosecutors with the group's highest award.

The recipient for General Sessions Court is Rick Hubbard. Rick is Deputy Solicitor in Donnie Myers' 11th Judicial Circuit Solicitor's Office. The 11th Circuit includes Edgefield County, Lexington County, McCormick County, and Saluda County. Rick has served in that office since 1994, and has prosecuted drug and violent crimes, along with notorious murder cases.

Don Zelenka, who is Assistant Deputy Attorney General, won from the Attorney General’s Office in Columbia. Don is the Chief of Capital and Collateral Litigation at the AG's Office, where he supervises murder conviction appeals on behalf of the State of South Carolina. Don has argued six cases before the United States Supreme Court and more than 100 cases before the 4th Circuit Court of Appeals in Richmond, Virginia.

Continue reading "Lexington and Columbia, South Carolina Prosecutors Honored" »

On September 11, the U.S. Senate rejected, by a wide majority, the attempt by the U.S. Department of Transportation to go forward with a program allowing Mexican truckers to drive big rigs throughout the United States. Senators responded to problems raised in the DOT’s own written findings that there are serious problems with this program. Even with these problems, the DOT had still been pushing forward on the program.

The DOT had been moving forward on the plan, despite the following:

• The Federal Motor Carrier Safety Administration (FMCSA), the agency within DOT responsible for regulating truckers, is not ready to implement the program. The FMCSA is still developing important databases for checking Mexican trucking companies, drivers, and vehicles. FMCSA inspectors do not have vital safety information on Mexican vehicle accident reports, driver violations, or even whether truckers have the same insurance required of U.S. drivers. FMCSA’s “plan” for implementing random drug and alcohol specimen testing is to simply trust in the cooperation of Mexican authorities. (Wasn't it Ronald Reagan who said, "Trust, but verify?" Someone needs to remind the DOT to take this advice).

• Several states have told the DOT that they are not prepared to implement the safety aspects of the program. Other states said they cannot enforce the regulations that prevent Mexican truck drivers from making a trip beginning and ending in the U.S. (called cabotage, a prohibited practice). And, half the states do not have procedures in place to enforce key safety and homeland security issues.

• Despite claims to the contrary, the Department is exempting Mexican truck drivers from the physical fitness requirements it applies to U.S. drivers. Although the two countries have very different requirements, DOT calls the fitness requirements “equivalent.” (!)

Clearly, the U.S. is not ready to implement this program.

For me, this isn’t about illegal immigration or job security for U.S. drivers. (Those issues are for others to tackle).

It is about safety. The Mexican trucking industry has a deplorable safety record. If Canadian trucking companies had this sort of record, I would call to keep Canadian drivers out. Until the DOT can verify that the basic public safety protection measures applicable to American drivers apply to Mexican drivers as well, these trucks have no business driving throughout the country.

Imagine that you are driving down the road, minding your own business and obeying all the traffic laws. A tractor trailer makes an illegal turn, and slams into you. You've done nothing wrong - but you have sustained horrific injuries. You will never walk again. You can no longer work. You can't earn an income. You are in excruciating pain every moment of your life. Within a matter of weeks, your medical bills total in the hundreds of thousands of dollars. Those medical bills continue to grow as the weeks and months pass.

As much as we don't want to think it can happen to you, let me tell you, it can happen to you.

Now, imagine that the tractor trailer has liability insurance, but that liability insurance doesn't come close to covering your losses. (After the truck driver and trucking company spend two or three years blaming you for the wreck they caused, they finally pony up). The tractor trailer's insurance only pays for just a small fraction of your medical losses. Meanwhile, the fly-by-night trucking company goes out of business. But your damages go far, far beyond just a fraction of your medical bills. What about your past lost income? Your future lost income? The rest of your medical bills? Your future medical bills? Your mental anguish and suffering? Your physical pain?

The good news is that you can do something to protect yourself against this kind of financial nightmare. You can make sure that you have plenty of your own underinsured insurance coverage. Underinsured insurance is commonly referred to as UIM.

You see, there are lots and lots of people on the roads who don't have enough liability auto insurance to cover catastrophic losses they might inflict on you. What can you do to protect yourself? You can purchase UIM coverage. Believe me, you should. UIM protects you and your family, and you should purchase as much as you reasonably can - for each and every vehicle in your household. UIM coverage can often be accessed for each covered vehicle in your household - and that's protection that you could one day need in a big, big way.

Many injured people (and the families of someone lost to a wrongful death) who come to me to represent them after a motor vehicle accident simply don't have adequate UIM coverage. The ones who do, however, sure are glad when the unthinkable happens. Enough UIM coverage can keep you from financial ruin.

In South Carolina, you can buy UIM coverage in an amount up to the amount of auto "liability" coverage you have, but no more. So, to get adequate UIM coverage, it may be necessary to pay for additional auto liability coverage, as well. Even so, I strongly recommend that you purchase as much UIM (and also UNinsured - UM) coverage as you can reasonably afford.

Continue reading "Don't Harm Yourself - Insure Yourself: Critical Insurance Coverage Everyone Should Have" »

Getting injured in a South Carolina auto accident, or losing a loved one in a South Carolina car wreck, can be a horrifying and traumatic experience for anyone to go through - particularly if you don't fully understand what steps to take, what questions to ask, what not to say, and even who to choose to represent you.

You probably have many concerns that you need to have addressed that affect the outcome of your case and your future settlement. That is why I publish this blog, and why we have helpful information on our website. I want to help unsuspecting injured people to avoid being victimized all over again by the underhanded tactics insurance companies commonly use - and to help people avoid to pitfalls commonly faced when filing a claim. Not knowing these facts can greatly affect your claim, the proper payment of your medical bills, and your recovery for lost wages, physical pain, and suffering.

Make sure not to sign any insurance company documents, give any recorded statements, or to speak to anyone before you really understand your legal rights. There is no good reason to rush out and sign up with an attorney without first getting some quality information about how to choose an attorney, and helpful information about your claim.

Continue reading "Where Do You Turn After a South Carolina Auto Accident?" »

Much is at stake when someone is injured in a South Carolina car accident or a truck accident. If you are involved in such an accident, this is what you should do immediately to protect yourself, and to keep open all available options:

(1) First, call 911 and report the crash. If there may be injuries, make sure the dispatcher understands this.
(2) Second, stay at the scene of the crash, and wait for law enforcement and emergency response personnel to arrive.
(3) Third, when law enforcement officers arrive, give them the your full side of the story.
(4) Fourth, seek medical treatment, and get checked out, even if you aren't sure if you are seriously injured or not. (Sometimes very serious injuries don't appear serious until later. Get checked out to be sure).
(5) Fifth, get the names, addresses and telephone numbers of any witnesses yourself. Do not rely on anyone else to do this for you - even law enforcement. Witnesses who saw the wreck are important. Also important are witnesses who saw what was going on
(6) Sixth, get the name, license plate number, address, telephone number, and insurance details for the other driver.
(7) Seventh, carefully write down all the words, letters, and numbers on the door of the tractor trailer, as well as any other identifying information anywhere on the tractor and the trailer.
(8) Eighth, go ahead and prepare a letter to your attorney with your description of the accident, road conditions, witness accounts, etc.
(9) Ninth, contact an experienced attorney to get further information about your legal rights and responsibilities.

Continue reading "What to do if You Are in a Truck Accident" »

Victims of South Carolina truck accidents who survive the wreck may recover compensation for their losses, including: past medical bills, future medical expenses, property damage, pain and suffering, lost income, and compensation for how the injuries will affect the rest of your life. For family members of truck accident victims who are killed, they may be eligible to recover compensation for the sudden loss of their loved one, also. In truck accident cases, there are a number of possible defendants, who may have contributed to causing a preventable wreck. The defendants in any particular case will depend on the facts of that case. The most obvious defendant is the truck driver who was driving the tractor trailer at the time of the wreck. Another common defendant is the trucking company, due to the company's failure to operate safely. The owner of the "tractor" can be partially at fault, as can the owner of the "trailer," depending on the circumstances of the case.

Continue reading "Evening Things Up: Damages That Can be Recovered After a Truck Accident" »

Driver fatigue. Truck driver drug use. Truck driver distraction. Reckless driving. Truck driver alcohol use. These reasons pop up again and again in truck accident litigation. Thousands of tractor trailers pass through South Carolina and neighbor states each and every day. When truck drivers and trucking companies make irresponsible decisions, preventable accidents too often occur. That is when innocent victims and their families are left to suffer. The fact of the matter is that, given the incredible size and weight of tractor trailers, simple laws of physics create awful consequences when an 18 wheeler collides with another vehicle. The margin for error by drivers is incredibly small. That is why it is so important that drivers and the trucking companies for whom they drive take their responsibilities seriously. I applaud the true professionals among their ranks. However, the dangerous drivers - the unsafe companies - can't be allowed to operate on our highways without being held responsible when their actions profoundly harm others.

Continue reading "The Causes of Tractor Trailer Accidents" »

Many special laws and regulations strictly govern truck drivers and the operation of tractor trailers. Special rules govern virtually every aspect of truck operation. In addition, the rules are always evolving and changing. South Carolina truck accident litigation therefore typically requires attorneys who are well-versed in this complex area of the law. Documentation must be performed and maintained. Drivers must be properly qualified and reasonably well-rested. Tractors and trailers must have certain safety equipment. The list is long. The reason trucking is so highly-regulated is simple. Big trucks are a monstrous hazard to the rest of us out on the roads. We have a national policy (and state policies, too) that recognizes the danger that trucks pose. That is why we have all those regulations. If you, or someone close to you, has been in an accident with an 18-wheeler, closely examine the knowledge and experience of any attorney you consult. It's important.

Some people - even some injury lawyers - believe that accidents involving tractor trailers are just like any other motor vehicle accident. Nothing could be further from the truth. Today, let's look at two of the reasons why:

First and foremost, unlike in a typical fender bender, in a truck crash, very serious (and life-changing) injurie