Archive for February, 2018

On The Job Trucking Accident

Greenville news station WYFF is reporting that on Thursday morning, February 15, a Fed Ex truck was involved in a truck accident along Interstate 85 northbound in the area of the Woodruff Road exit.  The Fed Ex Truck crashed under the I-385 bridge in the early morning hours causing backups well into the morning commute.

What Happens After A Trucking Accident?

If you have recently had an accident while on the job as a truck driver, you may be wondering how this will affect your career and if you’ll still be able to drive a truck. After the accident happens, the police and insurance companies of the drivers involved will investigate the accident to decide who was at fault and you may receive tickets. It is also likely that you will be subject to taking a drug and alcohol test regardless of whether or not you are found to be at fault. Schedule a free consultation with a truck accident attorney in Greenville at Ryan Montgomery law, LLC now to make sure you understand your rights under the law.

Does Fault Matter in a Workers Comp Case?

This particular trucking accident sounds like it was an on the job accident and may have only involved only one vehicle, the Fed Ex truck.  When someone is injured on the job regardless of whether they are at fault, they may be able to file a South Carolina Workers’ Compensation Claim.  By way of example, “if” this Fed Ex Driver was at fault for this trucking accident, he or she could still file for workers’ comp benefits.  When you are injured on the job, workers comp law provides that you should get 100% of your medical benefits paid.  If a doctor takes you out of work for your on the job injuries then you should get a weekly check under certain circumstances.  The system should protect the injured worker.

Can I Keep My Trucking Job After An Accident?

Even if you were involved in a trucking accident, you may be able to keep your trucking job. Accidents happen and depending on the severity of the wreck and your driving history, it is possible your employer will understand. Certain offenses like driving under the influence or leaving the scene of the accident will undoubtedly require you to give up your commercial driver’s license and lose your job. If you are honest, cooperate with your employer and have a history of safe driving, an accident does not have to be the end of your career.

Greenville and Columbia Workers Comp Lawyer

We understand that as a truck driver you do not have total control of your work environment. If you or a loved one has been injured on the job as a truck driver then take action to protect you and your family now. Ryan Montgomery has more than a decade of experience representing clients who have been injured in motor vehicle, truck and commercial vehicle accidents throughout upstate South Carolina. Contact our truck accident attorneys for a free consultation.

​Workplace Accidents and Why You Need A Lawyer to Cover your Claim

When you are in an accident at work and develop an injury, you may be entitled to workers’ compensation. With the help of South Carolina attorney Ryan Montgomery, you can prepare a claim to ensure you get the compensation you deserve. Under South Carolina law, a workers’ compensation claim is different than that of a personal injury claim as you don’t have to prove that your employer was nbegligent. This no-fault system offers compensation for any type of work injury to help the injured to cover their expenses.

Types of Workplace Accidents

  1. Construction Accidents: These can include and are not limited to: scaffold falls, roof falls or ladder falls. Falls from heights are the most common of construction accidents and can lead to serious injuries. Electrical injuries from electric shock or fires can lead to electrocutions and other serious injuries. Welding accidents or chemical spills are also common at construction sites.
  2. Fatal Work Accidents: Should your working loved one succumb to an occupational fatality, we have the experience and compassion necessary to handle these serious cases. Our South Carolina attorneys can determine if a third party should also be held accountable for the wrongful death. Compensation can help pay for medical bills, loss of income and funeral expenses.
  3. Factory Injuries: These injuries can include brain and head, knee, shoulder or wrist, arm and leg, lifting injuries or repetitive trauma injuries. Proving a repetitive stress injury as a result of your job can be difficult, that is why hiring a legal professional is important.
  4. Occupation Illness/Disease: Contracting or developing an occupational disease is a risk working in some industries. Some substances such as mold, Benzene, Asbestos, Lead, Carbon monoxide, Pesticides, Mercury, Silica or sand and Formaldehyde can cause COPD, occupational asthma, cancer, lung damage, asbestosis, mesothelioma or ulcers.
  5. Work-related accident injuries: These can include and are not limited to falling objects, explosions or slip-and-falls.

Get the Help You Deserve

If you have sustained a workplace injury that you believe deserve compensation, contact Ryan Montgomery, Attorney at Law, LLC in Greenville and Columbia, South Carolina. He represents clients throughout upstate and midlands South Carolina in workers’ compensation claims for a variety of injuries. Injured workers have rights under state law and he believes that they should be protected. Your success is determined by the expertise you have by your side. He will walk you throughout the entire process to increase your chances of getting a claim approved and paid. To schedule an initial consultation today, call 864-207-4764.

​Common Practice Areas For Personal Injury Attorney

The law firm of Ryan Montgomery understands that accidents can be devastating to those injured as well as their loved ones. Victims are left with costly medical bills and often unable to work. The Ryan Montgomery team of attorneys sit down to get to know you and understand your case. Our attorneys will attempt to negotiate a settlement or take the case to trial in front of a jury.

Personal Injury Practice Areas

The personal injury attorneys at the law firm of Ryan Montgomery help people receive fair and just compensation for injuries caused by someone else’s negligence or recklessness in a variety of situations.

Car and Truck Accidents

Automobile accidents are among the most common personal injury cases in the US. There were as many as 600,000 in 2015. Accidents may occur when a driver is inattentive or driving recklessly in violation of most state laws. A personal injury lawyer will investigate the circumstances surrounding the incident and attempt to get fair compensation for the injured party. The attorneys at the law firm of Ryan Montgomery have more than 10 years of experience helping injured auto accident and trucking accident victims in upstate and midland South Carolina. If you or a loved one was injured in an accident, do not deal with the insurance company, or companies, alone. Our car accident attorneys will take steps to ensure you are compensated for your injuries and the impact they have had on your life.

Premises Liability

Another common type of personal injury case is the premises liability or “slip and fall” case. Ryan Montgomery, Attorney at Law, is committed to helping those who have been injured on the property of another. Property owners and business owners are responsible for maintaining a safe environment. A person can sue a property owner under premises liability law when he or she is injured on the property due to the property owner’s negligence. Take the example of someone leaving a spill on the floor of a grocery store. Usually, an employee of the store won’t face personal liability; however, an attorney may sue the business and seek compensation from them. The personal injury lawyers at our firm have several decades of combined experience in helping those who have been injured at work and while on another’s property.

Product Liability

When a company doesn’t take proper care in manufacturing and puts faulty, dangerous products into the market, they risk a product liability lawsuit. Take for example, a faulty air bag system could have contributed to the injury suffered by the plaintiff. The air bag manufacturer, the automaker and the at-fault driver could all have some liability. Product liability cases also include warning labels that don’t properly warn consumers about dangerous side-effects or potential allergens in their products. Some product liability cases become class action lawsuits if a large number of people have suffered the same injury.

Workers’ Compensation

Injuries while working happen frequently. Our Workers’ compensation lawyers can assist with matters arising out of workplace injuries — including back and spine injuries and construction-related accidents. There is a system in place, supported by the government, that is supposed to prevent an adversarial relationship from developing between employer and employee when an employee is injured. Workers’ compensation is a no-fault system in South Carolina. Doctor reports provide the basis for compensation rather than a liability lawsuit. We understand the challenges you face after a workplace injury and can answer all of your Workers’ Compensation questions. We also have answers about what you need to do should you get hurt on the job.

Wrongful Death

Sadly, recklessness or gross negligence may cause someone’s death. A lawyer at our firm can help the family of the decedent receive compensation for their loss, the lost wages, suffering and burial expenses. Wrongful death suits may follow a criminal trial such as a manslaughter case involving a drunk driver.

Contact South Carolina Personal Injury Attorney

In all of these types of cases and more, the personal injury attorneys at the law firm of Ryan Montgomery will work hard to get you the compensation you deserve, and you will only pay if they win your case.

​Distracted Driving and Auto Accidents: What You Need to Know

According to a recent Cambridge Mobile Telematics (CMT) study, distracted driving is now a leading cause of car accidents in the United States. Specifically, the study found that 52% of all accidents involved distracted driving in the form of at least one driver being on their cell phone at the time of the accident. With this new information, it’s no wonder that driving on public roads is now more dangerous than ever before, with the United States leading the globe in fatal car accidents.

In a recent study of individual states and their annual traffic deaths, it was also revealed that South Carolina ranks #6 in a list of states with the worst drivers. In fact, South Carolina has one of the worst car wrech death rates among all 50 states in the country, with nearly 1,000 fatalities a year.

This is all sobering information; but what does it mean for you as a licensed driver in South Carolina?

Be on the Defensive

More than ever, it’s important to practice defensive driving as a means of protecting yourself and your passengers on the road. Essentially, the principles of defensive driving boil down to always assuming the worst of other drivers and acting accordingly. It means, never making the assumption that driver in the next lane over sees that you’re trying to merge and will leave space for you. Instead, it means assuming that the driver does not see you and preparing to slow down or make evasive maneuvers as needed to avoid an accident.

Avoid Distracted Driving Yourself

Most drivers are guilty of distracted driving at some point. Even if you follow a strict “no cell phones while driving” rule, you may still find yourself driving while distracted if you’re holding a conversation with passengers in the car, eating while driving, or even listening to the radio at a high volume. While the majority of distracted driving accidents are smartphone-related, this is not the only manifestation of distracted driving.

Of course, if you do fight the temptation to use your phone while driving, there are some steps you can take to stay focused on the road. Turn your phone on silent (or shut off your phone completely) as soon as you start your car, and place your phone into a glove box or other nearby compartment to keep it out of your sight.

Involved in An Accident, Contact Your Attorney

If you’ve been the victim of an accident caused by a distracted driver, it’s also important to know your rights. Ryan Montgomery, Attorney at Law, is here to help you with offices in both Greenville and Columbia. Contact us today to tell us more about your case and secure the representation you need.

​Self-Driving Cars; A New Technology Could Impact the Economy And Save Lives

With more cars and trucks on the road today, it is not surprising that vehicle crash fatalities have also steadily risen. Newer model vehicles have more safety features than ever before, often including more than 10 airbags in the vehicle to help lessen the blow and reduce injury in case of a crash, yet crash fatalities are on the rise. Self-driving cars may be a partial solution to reducing the number of fatalities.

How Self-Driving Cars Could Change The Auto Market

Self-driving cars will not completely eliminate vehicle crashes. There are some things that cannot be controlled such as the weather or possible mechanical issues or malfunctions that could lead to a collision. Nonetheless, early testing of self-driving vehicles shows great promise in terms of increased safety. Most of these new self- driving vehicles still need advanced testing before they hit the market. Historically, the auto market has been slow to adopt technological changes so it is expected that this too will take time. There are some automakers that have been reluctant to focus on this technology as a result, however the shift is inevitable. Technology giants, Apple and Google, are already leading the way. This could completely change the auto industry as we know it because right now, those companies only have smaller stakes in vehicles on the market by providing technology such as Apple Car Play. We also may see private ownership of vehicles reduced once people are able to call a self-driving vehicle to come to their location, much like Uber.

Skeptical About Self-Driving Cars?

Are you skeptical about sharing the road with self-driving cars? If you answered yes, you are not alone. A recent poll conducted by the Advocates for Highway and Auto Safety, recorded that 64 percent of the participants were concerned about sharing the road with self-driving cars. Will the new vehicles adhere to existing safety standards? Who will be at fault if an accident occurs? Is it really a safer option? All of these concerns and unknowns will become a part of the global conversation around self- driving cars in the years to come.

Involved in a Car Accident?

Until self-driving cars become the norm, it is critical that we all stay focused when driving to avoid accidents. If you need legal assistance due to an auto accident or if you have been injured by a manufacturer’s product that failed to function properly, reach out to Ryan Montgomery Law. We may be able to help you seek financial compensation in this dire time. Contact us at (864)301-6213 to discuss your situation with our team.