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September 2014 Archives

Subsequent or Later Accident Can Be A Serious Problem in Your Workers Compensation or Auto Accident Claim

So you had an obvious injury and want to settle or have a trial - what could be the problem.  A later accident or injury may be a defense for the workers compensation carrier or at-fault party to allow them to avoid paying for your damages.  Legally, this defense is usually called the "superceding intervening cause" defense.  In other words, the defendant says that the subsequent or later accident breaks the direct connection between the cause of the original injury and the current injury which may relieve the defendant of liability for the injury - they claim the problem is now all from the second injury or the two cannot be separated. Even if you say the second accident did not cause more injury, the defendant will claim that it did especially if you received any medical treatment.

South Carolina standoff leaves 2 dead, 1 injured

According to reports, a South Carolina sheriff's deputy died and another official was wounded as they were engaged in a shooting incident on Sept. 8. A third individual, a retired Isle of Palms fire chief, also died when he tried to assist officers in the incident.

Independent Contractor or Not? for Workers Compensation Claim

See link FedEx Drivers Improperly Classified as Independent Contractors  According to the Federal Ninth Circuit Court of Appeals, FedEx improperly labeled delivery drivers as independent contractors which deprived them of employee benefits and rights.  FedEx had too much control over the drivers for them to be considered independent contractors.  South Carolina has specific rules to determine if truck drivers are employees covered by workers compensation or are not when the employer alleges that the driver is an indepedent contractor.  This is a complex legal issue and if you have this situation, please contact us for assistance.

5-car crash kills married couple

According to the South Carolina Highway Patrol, a pickup truck broadsided a sedan carrying a 29-year-old man and his 28-year-old wife in Seneca around 7:40 p.m. on Sept. 6. The Highway Patrol took the 52-year-old truck driver into custody, charged him with two counts of felony DUI with death and transported him to Oconee County Detention Center. He also had two bench warrants out for his arrest at the time of the crash.

Safety concerns regarding truck accidents

Trucking accidents in South Carolina can be serious due to the weight and large size of the equipment involved. Personal injuries and damages to one's vehicle can be significant, and those driving trucks are equally vulnerable in accidents caused by passenger vehicles. When a truck is involved in an automobile accident, there are special issues at play in handling an investigation and potential litigation.

1 killed and 1 injured in South Carolina car-pedestrian crash

It was around 2:15 a.m. on Aug. 30 when two pedestrians who were walking along a road in Folly Beach, South Carolina, were hit by a vehicle that left the scene. South Carolina deputies say that the accident occurred on West Ashley Avenue between Second and Third streets. According to the coroner's report, one of the victims, a 29-year-old man, died soon after the accident.

Smith & Griffith, LLP
1102 North Main Street
Anderson, SC 29621

Phone: 864-261-1571 (Personal injury)
Phone: 864-261-1912 (Workers' compensation)
Fax: 864-222-2257
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