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Pedestrians Have the Right of Way in South Carolina

Motor Vehicle Law & Statistics , , , ,

A pedestrian walking across the street to Anderson University was struck on Wednesday, September 17, 2014, according to WSPA and other media outlets.

A pedestrian, or any person on foot, has duties just like those driving motor vehicles to be responsible, however, sometimes the higher duty and responsibility remains with the driver of the motor vehicle to be more alert and observant.

South Carolina Drivers’ Manual is where we all started and had to learn the “rules of the road” before being granted permission to get our license. After the introduction, the manual goes into “General Information”, more specifically the subsection entitled, “Sharing the Road” states:

It is your responsibility as a driver to be on the lookout and to take every precaution possible to not injure a person on foot. If you see a vehicle, pedestrian or children near the road, you should slow down and be prepared to stop. (General Information p.45)

The South Carolina Code of Laws sets forth a few reminders for all of us drivers on the roadways as it pertains to pedestrians:

  1. SECTION 56-5-3230.Drivers to exercise due care.

Notwithstanding other provisions of any local ordinance, every driver of a vehicle shallexercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

  1. SECTION 56-5-1520.General rules as to maximum speed limits; lower speeds may be required.

(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of a person to use care.

(F) The driver of a vehicle shall drive, consistent with the requirements of subsection (A), at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

South Carolina case law follows in line with the before mentioned rules in stating:

  • One operating a motor vehicle on a public highway owes an urgent duty to keep a proper lookout and to keep the vehicle under proper control.  Yaun v. Baldridge, 134 S.E.2d 248, 251 (S.C.1964).
  • Negligence is established as a matter of law if the only inference is that either the driver did not look or did so in such a careless fashion as not to see what was in plain view. Williams v. Davis, 243 S.C. 524, 134 S.E.2d 760 (1964).

No one may truly know what happened during the incident. However, this is a time to remind all of us who get behind the wheel to just remain alert and vigilant to our surroundings.

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South Carolina Free Medical and Dental Clinics

Self Help , , , , ,

If you do not have any other resource to seek treatment for your injuries, ailments, disease, or disorder please use this resource to find medical and dental assistance.

We hope this helps you get the medical and/or dental treatment you need. No one should go without care in the United States. Additionally, those that are able should donate to ensure these facilities remain open.

http://www.freemedicalsearch.org/sta/south_carolina

For more specific local areas, please see below:

ANDERSON:  Anderson Free Clinic

GREENVILLE: Greenville Free Medical Clinic, New Horizon Family Health Services, New Horizon Family Dental Care, and West End Medical Family Alliance

PICKENS: Clemson Free Clinic

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Pedestrians and Motor Vehicle Accidents in South Carolina

Motor Vehicle Law & Statistics , , , ,

The Anderson Independent Mail reported that a young girl was struck and injured by a vehicle in Anderson County.  Reportedly, there was a school bus in the area and she darted out across the road.

A pedestrian, or any person on foot, has duties just like those driving motor vehicles to be responsible, however, sometimes the higher duty and responsibility remains with the driver of the motor vehicle to be more alert and observant.

South Carolina Drivers’ Manual is where we all started and had to learn the “rules of the road” before being granted permission to get our license. After the introduction, the manual goes into “General Information”, more specifically the subsection entitled, “Sharing the Road” states:

It is your responsibility as a driver to be on the lookout and to take every precaution possible to not injure a person on foot. If you see a vehicle, pedestrian or children near the road, you should slow down and be prepared to stop. (General Information p.45)

The South Carolina Code of Laws sets forth a few reminders for all of us drivers on the roadways as it pertains to pedestrians:

  1. SECTION 56-5-3230.Drivers to exercise due care.

Notwithstanding other provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

  1. SECTION 56-5-1520.General rules as to maximum speed limits; lower speeds may be required.

(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of a person to use care.

(F) The driver of a vehicle shall drive, consistent with the requirements of subsection (A), at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

South Carolina case law follows in line with the before mentioned rules in stating:

  • One operating a motor vehicle on a public highway owes an urgent duty to keep a proper lookout and to keep the vehicle under proper control.  Yaun v. Baldridge, 134 S.E.2d 248, 251 (S.C.1964).
  • Negligence is established as a matter of law if the only inference is that either the driver did not look or did so in such a careless fashion as not to see what was in plain view. Williams v. Davis, 243 S.C. 524, 134 S.E.2d 760 (1964).

No one may truly know what happened during the incident with the young girl and the driver may have used ever caution and observation available to him. However, this is a time to remind all of us who get behind the wheel to just remain alert and vigilant to our surroundings.

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Anderson, South Carolina: Traffic Citations Equal Big Money

Motor Vehicle Law & Statistics , , , , ,

After reading Rick Spruill’s article in the Anderson Independent about the revenue brought in from traffic citations in Anderson, a line from the song in The Dukes of Hazzard, came quickly to mind:

“Making their way the only way they know how but that’s just a little bit more than the law will allow.”

Mr. Spruill reported that over the past few years, Anderson has brought in over $1,868,218 in revenue from traffic citations. More specifically the break down is as follows:

 

Anderson city traffic fines, 2005-2009

2005: $306,506

2006: $343,566

2007: $313,139

2008: $468,968

2009: $436,039

 

So we had a recession and some money had to be made up somewhere? The best part of the article is the last paragraph where Mr. Spruill was inquiring with Capt. Jim Stewart about quotas. Capt. Stewart denied that there were in ticket quotas but said they do compare from year to year.

Capt Stewart stated:

“We keep count to see how we compare and to track trends,” he said. “The number one priority of road patrol is not to issue tickets, it’s to reduce injuries and fatalities. There are a lot more cars on the road and a lot of our wrecks come as people are entering and leaving a business.”

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If You Are Injured After a Wreck, Dog Bite, Slip & Fall or _______:Seek Medical Attention

Self Help , , , , , ,

It sounds so simple but so many people I interact with from Greenville, Anderson, Oconee, Seneca, Clemson, and the remainder of South Carolina, have a hard time understanding that lawyers are not doctors.

If you are hurt, hurting, in pain, or otherwise not in the same physical, mental, or emotional state you were in prior to some traumatic injury, or incident, then you should seek medical advice.  Doing this simple act can help you on several fronts:

  1. This helps diagnose and assess your problems;
  2. This helps you get better; and
  3. This helps objectify and validate the change(s) in your condition.

Having grown up in the rural area of Prosperity, South Carolina and now working for people from similar areas of the state, the comment:

“I dont like going to the doctor. They are just going to give me medication and run up a lot of bills.”

is a comment I hear all too often. However, try telling that evil insurance company that you are hurt, hurting, in pain, or otherwise not in the same mental, physical, or emotional condition you were in before ____________. (fill in the blank-wreck, slip & fall, dog bite, injury at work, and/or negligent product).

Try figuring out a reasonable and fair amount to be compensated for your injury when you are the only voice or piece of evidence in your favor. Think that evil insurance company will believe you more or a disinterested third party that has no interest in the outcome?

I know, most times the evil insurance adjusters wouldn’t believe they were on fire if they saw their skin melting but you can only do your part as a reasonable person. Leave the insurance fighting to those that do it all the time and fight for your rights–trial lawyers, aka Trey Mills.