Archive for June, 2018

​South Carolina in Top 10 Nationally for Police Pursuit Fatalities

Deaths as a result of police pursuits occur all over the nation. However, in the state of South Carolina, the number of deaths is much higher than in most other states. Among these deaths are many losses that could have been prevented if police officers had behaved differently. If your loved one has died as the result of a police pursuit, you may be able to file a claim with the help of an experienced accident attorney.

About Police Pursuit Deaths in South Carolina

Unfortunately, many of the deaths that occur during police pursuits are deaths of bystanders, not the subject of the charge. According to The State, at least one in 10 of the high-speed police pursuits conducted in the state of South Carolina during the past decade has led to the injury or death of an innocent bystander. When considering deaths of the subject of the pursuit as well, the statistic climbs to one in three. This data includes police pursuits that were initiated because of nonviolent crimes, such as traffic violations.

According to a review of data collected by the National Highway Traffic Safety Administration, South Carolina is among the top 10 when it comes to deaths per capita related to police pursuits.

Help for Victims

When police chases are initiated over nonviolent crimes, many question whether they are worth the risk they pose to the public. Especially if these chases result in the injury or death of an innocent individual.

Although no amount of compensation can erase the pain and suffering related to these incidents, victims and their families can take action. If you or someone you love has been injured or killed in a South Carolina police pursuit, please contact the Ryan Montgomery Law Firm today to learn more about your options or to schedule a consultation.

Data Reveals One Drug More Responsible Than Others for SC Driver Fatalities

According to data evaluated by Alcohol.org, an authoritative resource of information on alcohol abuse and treatment rehabilitation, South Carolina ranks second in the U.S. for fatal alcohol-related vehicle accidents. There’s also been a rise in the number of driving deaths associated with drugs.

To arrive at their findings, the investigators at Alcohol.org utilized National Highway Traffic Safety Administration (NHTSA) data from a 10-year period ending in 2016.

The state of Montana ranks first ahead of South Carolina in the number of fatal crashes with an alcohol involvement.

But alcohol isn’t the only substance that causes a threat to the safety of motorists. Cocaine-associated traffic deaths abound, even though the number has decreased by more than 34 percent over the recent 10 year period. In South Carolina, however, cocaine represents the cause of the largest number of traffic-related fatalities annually in the state. Comparable to South Carolina, cocaine caused the most fatal accidents in Florida and Illinois too.

South Carolina has experienced an increase of 1,300 percent in methamphetamine-associated accidents and a 300 percent in oxycodone-related accidents. Moreover, the study revealed a more than 300 percent increase in vehicle accidents involving fentanyl since 2007.

The investigators discovered fatal driving accidents related to drugs most often occur on Sundays at around 3 in the morning, corresponding to bar closures from Saturday night outings.

Contact a Personal Injury Attorney When You are In a Vehicle Accident

If you were injured in a drug or alcohol-related car accident in South Carolina, contact our South Carolina car accident attorney to handle the accident and claim. We offer our services on a contingency fee basis, which means we charge no fee unless we recover a settlement for you.

Contact Ryan Montgomery Attorney at Law to discuss your auto accident claim. We can determine what compensation options you could be entitled to, such as: medical expenses, lost wages, pain and suffering damages, funeral and survival benefits, vehicle repair costs and more.

Can My Workers’ Compensation Claim Be Denied for Intoxication?

Workers’ Comp Intoxication Defense

Insurance companies are not looking to “accept your claim”.  If there is a ground to deny the claim then it will be denied. One of those denials is that of alleging intoxication. According to South Carolina Workers’ Compensation Law, generally, “the fault of an employee in a workers’ compensation claim has no bearing on the employee’s right to recover.  Zeigler v. S.C. Law Enforcement Div., 250 S.C. 326, 329, 157 S.E.2d 598, 599 (1967).  Section 42-9-60 makes an exception to this general rule and states, “No compensation shall be payable if the injury . . . was occasioned by the intoxication of the employee . . . .

But what does this mean?

Intoxication is a condition that results from the use of a stimulant, which renders an employee impaired in his or her faculties to the extent that the employee is incapable of carrying on the accustomed work without danger to the employee.  Reeves v. Carolina Foundry & Mach. Works, 194 S.C. 403, 408, 9 S.E.2d 919, 921 (1940).  Intoxication is an affirmative defense which requires the party asserting the defense to carry the burden of proof.  Chandler v. Suitt Constr. Co., 288 S.C. 503, 504, 343 S.E.2d 633, 634 (Ct. App. 1986). 

“Generally, the fault of an employee in a workers’ compensation claim has no bearing on the employee’s right to recover.  Zeigler v. S.C. Law Enforcement Div., 250 S.C. 326, 329, 157 S.E.2d 598, 599 (1967).  Section 42-9-60 makes an exception to this general rule and states, “No compensation shall be payable if the injury . . . was occasioned by the intoxication of the employee ..” 

What the insurance company doesn’t tell you is that they (NOT YOU) must prove that but for the intoxication the accident would not have occurred. 

Workers Comp Claim Denied Because of Drugs or Alcohol

Many times drug tests show the presence of a drug.  However, they do not show the levels of the drug and when the drug entered the system.  Your claim will be denied and you won’t know whether or not you can file a claim.  We recently handled a case that had a positive drug screen. Another high volume law firm wanted no part of the case.  We took the test results and sent them to a toxicology expert that pointed out all of the problems with the test and there was no proof that the alleged intoxication caused the accident because the other driver was at fault.

Greenville, Anderson, Columbia, Spartanburg Workers Comp Lawyer

If you aren’t willing to go against the insurance company lawyers or think you need help then our South Carolina work comp lawyers offer a free consultation.  You will get a real meeting, go over your rights and then you can make a decision whether you need a lawyer or not. Schedule your free meeting now.

Car Accident on I-85, Anderson, SC

Car Accident on I-85 at Clemson Boulevard, Anderson, SC Leads to Helicopter Landing on Roadway

News outlets are reporting that there was a serious motor vehicle car accident that occurred today around 10am in Anderson, South Carolina near the location for Clemson Boulevard on I-85. Apparently the accident involved a truck versus a car in the crash. One driver was airlifted and there are reports (not verified) that one person was ejected and one person was tuck in a vehicle.

Serious Injuries Need Serious Lawyers

When a person is involved in a car wreck there are many lawyers that a person can choose.  The problem is many people don’t know where to start in seeking a lawyer.  Some people simply watch TV and believe the “paid actors” screaming about how much money they got (even though that person is an ACTOR). Some others do research and look at websites or Google Reviews to see what past clients have said about that lawyer.

Possible Things to Consider When Hiring a Lawyer

Does the South Carolina Personal Injury lawyer have good Google reviews?  Read the bad ones too (we all have them).   What is the lawyer’s Better Business Bureau Rating? Has the attorney handled injury cases like yours before?  Interview the lawyer and see if they meet with you or you meet with someone who is just there to sign you up.  Does the lawyer speak in plain English or is he/she act better than you?

Free Injury Case Consultation

I used to represent insurance companies in car accidents and liability cases as well as South Carolina workers’ comp claims.  I was tired of taking orders from insurance carriers that would harm people locally in my community so I switched sides to help people like you.  Because of that, I offer a free consultation on injury cases so I can discuss your potential case or claim with you.  I would rather a person be armed with information so they do not harm their case. If you want to meet, then schedule a free consultation now.

I’ve Been Injured at Work. What do I do?

I’ve Been Injured at Work. What do I do?

When people are injured on the job they are not thinking about their workers’ compensation claim and how to protect their legal rights. Instead they are worried about their health and their injury.  The worker who gets injured on the job is now placed in an unfamiliar system dominated by big business and the insurance industry.  Below are a few things that one may wish to do or consider after a work injury. Please note, this is not an exhaustive list and the proper course of action should be to get a free consultation with an experienced South Carolina Workers’ Comp lawyer.

Report the Job Injury

In South Carolina you have 90 days to report an injury on the job. However, if you wait this long then the insurance company or the employer may not believe you were injured on the job.  Many workers get injured and think it is minor and don’t want to file a claim so they wait to report.  Don’t wait!  You can report it right away and it doesn’t mean you have to pursue the claim. It simply protects you. As a lawyer, I like it in writing if possible. Too many times a supervisor “cannot remember‘ the worker reporting the injury.  It is very easy to send a text message or email to your boss. “hey I just hurt my back lifting a crate”.  Simple, to the point and covers you in the event memory fades.

Request Medical Care

In South Carolina an employer or carrier is supposed to send you for medical care but lately I have seen a trend where the position is taken that the injured worker didn’t request medical care.  If you have been injured at work and think you need to see a doctor then ask for it- “I injured my back lifting a crate. I’d like to see a doctor. Will you send me to one?”  Remember in South Carolina the employer or the insurance carrier has the right to pick the doctor so if you go on your own to the doctor without letting them know you could be stuck with that medical bill.

Pay Attention to ALL Body Parts

So many times people have multiple injuries but one hurts the worst so they focus on that injury.  I injured my back lifting a crate but the pain goes down their legs and they don’t report it. Instead state I hurt my back lifting at work and the pain goes down my legs. That way you are fully protected as to all of your injured body parts.

Medical Records Tell the Story

Many times an employee says he/she was hurt at work and the employer says that the employee was not.  Most times a workers’ comp Commissioner will look to the medical records and specifically the first record(s) to see what the injured worker reported. If there is no mention of a work injury then that can harm the case. Your  medical records should always say how you were injured and what (list all) body parts you injured.

Get a Free Consultation with a Workers’ Comp Lawyer

Many lawyers (like us) offer a free consultation.  Take advantage of this to discuss your claim.  See if you meet with an actual lawyer or instead the lawyer sends an “intake specialist” or an “investigator”.   See if the meeting is a sales pitch and an attempt to get your case or see if the lawyer is actually discussing the facts of your case and answering your questions. You have nothing to lose by at least finding out your rights so do not wait. Schedule this free meeting now.

​How a South Carolina Attorney Can Help With a Greenville SC Workplace injury

When you suffer a workplace injury in Greenville or Columbia, South Carolina, you may be entitled to compensation as well as worker’s compensation benefits. With the help of our South Carolina personal injury and workers comp attorneys, Ryan Montgomery, Attorney at Law LLC, he can help you to prepare a claim that helps to make sure you get the money you deserve. South Carolina law states that a workers’ compensation claim is different than a personal injury claim, so you don’t have to prove that your employer was negligent for your injury. A no-fault system is used that offers compensation for any workplace injury to help those injured with their expenses and/or losses associated with said injuries.

About Greenville SC Workplace Injuries

Recently, two crew members were injured during a structure collapse in Mauldin in Greenville County. The structure collapsed with crews being dispatched finding that the roof had fallen in right before they had arrived. The two patients were injured and were transported to the hospital for treatment. An investigation will be conducted by OSHA (typical any time a workplace injury occurs) and work orders were stopped at the site. These two individuals may be entitled to workers compensation benefits as a result of their workplace injury and you are too.

Contact a South Carolina Lawyer Today for a Free Consultation

If you’ve been a victim of a workplace injury, Ryan Montgomery, Attorney at Law LLC, can help. It’s important to find expert legal representation that can make sure that your rights are protected along the way. In the event that you were hurt in an accident, our Greenville, SC personal injury lawyer handle workers’ compensation cases on a contingency fee basis. This means that we don’t charge you any fees unless we recover a settlement for your injuries. To schedule a consultation with our attorney today, call our Greenville law office at 864-207-4927 or fill out a quick online form. During this important phone call, we can discuss your case and injuries and answer any questions you have about the future legal process. The longer you wait to call, the longer you must wait to be compensated the way that you deserve.

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