Author: David L. Hood

Categories
Bodily Injury Lawyer

Higher Safety Standards for ATV’s Don’t Seem to Affect Death Rate in SC

All-terrian vehicles (ATV’s) can be a lot of fun, but can also be very dangerous. Injuries and deaths can be caused by: not having proper safety equipment, riding incorrectly, riding in unsafe places or conditions, and letting children ride adult-size ATV’s. Before you ride, make sure you are aware of the hazards, and the rules and regulations in place.

In South Carolina, despite “the best efforts of state and federal regulators and industry leaders to reduce accidents and deaths and protect ATV riders through rules and education,” the number of deaths from ATV’s accidents remains steady.(PostandCourier.com) During the years 1999 to 2008, there were 104 ATV-related deaths in South Carolina. Between 2009 and 2018, there were 106. During those same time periods, there has been a decline in the number of ATV-related deaths nationwide.

In 2011, South Carolina passed Chandler’s Law, which put “minimum age requirements in place for ATV ridership and mandated safety training for riders under 15.” The law also requires youth under 16 to wear a helmet and eye protection. Chandler Saylor, a 16-year old from Swansea, SC was killed in May of 2003 while riding an ATV at a friend’s birthday party.(thetandd.com)

Even after Chandler’s Law was passed, the number of ATV-related deaths have not declined in South Carolina; and approximately 6 of those who die from ATV-related injuries each year are children.(SCDHEC.gov)

Authorities say with the population increasing in South Carolina and more people riding ATV’s, simply following the rules of ridership and heeding safety warnings can prevent further deaths.

Tom Yager, vice president of the ATV Safety Institute suggests following the Safety Institute’s 8 Golden Rules to prevent injury and death when riding ATV’s:

  1. “Always wear a Department of Transportation (DOT)-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots and gloves.
  2. Never ride on paved roads, except to cross safely and where allowed by law.
  3. Never ride under the influence of drugs or alcohol.
  4. Never carry a passenger on a single-rider ATV, or more than one passenger on an ATV designed for two people.
  5. Ride an ATV that’s right for your age.
  6. Supervise riders younger than 16.
  7. Only ride on designated trails and at a safe speed.
  8. Take a hands-on ATV safety course: ATVsafety.org or call 1-800-887-2887.

Yager says, “It boils down to adherence to the golden rules. It’s when you don’t have that when the problems occur.”

Go riding and have fun; just be safe!

CONTACT DAVID L. HOOD IF YOU’VE BEEN HURT BY A DEFECTIVE PRODUCT IN SOUTH CAROLINA

If you or a loved one has been injured by a recalled or defective product, please schedule a free consultation with attorney David L. Hood by calling (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the effects of product defect-related injuries and the untold pain and suffering they cause. At The Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family so you can focus on healing. After a free case evaluation, attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Other online resources used for this article:

https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/ATV-Safety-Information-Center/

Categories
Wrongful Death Attorney

How to File a Wrongful Death Lawsuit

Do you know what to do if a family member’s death is “caused by the wrongful act, neglect, or default of another?”  (South Carolina Code of Laws, Title 15, chapter 51, Article 1, Section 15-51-10) You may be entitled to file a wrongful death lawsuit against them, which may allow you to collect monetary damages due to your loved one’s untimely death.

Two things must be proven by family members in order to file a wrongful death lawsuit:

  • That the death was caused by another person’s wrongful act, neglect or default; and not by the decedent’s own actions.
  • That the surviving family members are directly impacted financially and emotionally due to the death.

Who Can File a Wrongful Death Lawsuit in South Carolina?

In South Carolina, the personal representative of the decedent’s estate must file the lawsuit. If there is no estate plan to name the personal representative, or that person does not wish to serve, or cannot serve, the court can name a personal representative.

The personal representative brings the claim to court on behalf of the deceased person’s family members. These family members can include:

  • Surviving spouse and children
  • Surviving parents, if there is no spouse or child
  • The heirs at law, if no living spouse, child or parents

Damages Awarded in a Successful Wrongful Death Claim:

  • Funeral and burial expenses
  • Medical bills and other expenses related to the decedent’s final illness or injury
  • Lost wages and benefits
  • Property damages and other financial losses related to the death
  • Loss of the deceased person’s experience, knowledge, and judgment
  • Loss of the deceased person’s care, companionship, and protection, and
  • Pain, suffering, and mental anguish suffered by the surviving family members
  • The court may award exemplary damages (punitive damages) if the conduct that caused the death was reckless or deliberate

Time Limits to File

In South Carolina, the statute of limitations (legal time limit) to file a wrongful death suit is usually two or three years from the date of the deceased person’s death, depending on what type of facility treated your loved one. A claim that is filed after the two or three year period will typically not be heard by the court.

Contact the Law Offices of David L. Hood for a Free Wrongful Death Consultation

If someone you care about has died due to someone else’s negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a wrongful death. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Wrongful Death Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Categories
Workers’ Compensation Lawyer

Deadliest American Jobs for Baby Boomers

Americans are living significantly longer than ever before. Baby Boomers (those age 55 and older) are more likely to be employed now, for many reasons.

In the 25-year period of 1992 and 2017, the number of older Americans in the work-force more than doubled to 35 million. This increase is due to a rising population of older Americans, and “to a higher labor-force participation rate for that age group.” (EHSDailyAdvisor.com) Also, many older Americans have little to no retirement savings, and therefore continue to work to live. The ones who do have savings “work longer because the defined-contribution plans that now predominate reward delayed retirement in ways that most traditional pensions do not.” (LATimes.com)

During that 25-year period, there was an increase of 56% in fatal work injuries incurred by Baby Boomers, versus a decrease of 17% among workers overall. Per the Census of Fatal Occupational Injuries (CFOI) program, “Older worker fatalities reached an all-time high in 2017,” at 1,930.(BLS.com)

Here are the ten occupations that are most dangerous for Baby Boomers, with the highest number of fatalities for that age group, for the years 2003 to 2017:

  1. (tied) Carpenters

Job duties:  “Construct, erect, install, or repair structures and fixtures made of wood.”

Number of fatal injuries: 328

  1. (tied) Taxi drivers and chauffeurs

Job duties:  “Drive automobiles, vans, or limousines to transport passengers.”

Number of fatal injuries: 328

  1. Hand laborers and freight, stock, and material movers

Job duties:  “Manually move freight, stock, or other materials or perform other general labor.”

Number of fatal injuries:  350

  1. Light truck or delivery services drivers

Job duties:  “Drive a truck or van primarily to deliver or pick up merchandise or to deliver packages.”

Number of fatal injuries:  384

  1. Commercial pilots

Job duties:  “Fly and navigate planes and aircrafts that require a Commercial Pilot certificate.”

Number of fatal injuries:  424

  1. Landscaping and groundskeeping workers

Job duties:  “Landscape or maintain grounds of property using hand or power tools or equipment.”

Number of fatal injuries:  428

  1. Construction Laborers

Job duties:  “May operate different tools and prepare construction sites, such as by digging trenches or cleaning up debris.”

Number of fatal injuries:  606

  1. First-line supervisors of retail sales workers

Job duties:  “Directly supervise and coordinate activities of retail sales workers in an establishment or department.”

Number of fatal injuries:  616

  1. First-line supervisors of construction trades and extraction workers

Job duties:  “Directly supervise and coordinate activities of construction or extraction workers.”

Number of fatal injuries:  631

  1. Agricultural managers (farmers)

Job duties:  ”Plan, direct, or coordinate the management or operation of farms and other agricultural establishments.”

Number of fatal injuries:  3,217

  1. Heavy and tractor-trailer truck drivers

Job duties:  “Drive a tractor-trailer combination or a truck and may need to unload the truck.”

Number of fatal injuries:  3,772

The Law Offices of David L. Hood – Representing Injured Workers in South Carolina

The Law Offices of David L. Hood have been fighting for the rights of injured workers in Charleston, N. Charleston, Mt. Pleasant, Georgetown, Murrells Inlet, Myrtle Beach, North Myrtle Beach, Columbia, Greenville, Hilton Head, Rock Hill and all across South Carolina for over 25 years. We have a dedicated team that will strive to take care of your claim professionally and treat you with respect. Over the years we’ve represented hundreds of injured workers and their families, working hard to get them the medical treatment and compensation they deserve.

To learn more about what we can do for you, contact our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. To get in touch with us, you can call our offices at (843) 491-6025 or email us here.

Categories
Workers’ Compensation Lawyer

The 10 Most Dangerous Jobs in America

How risky is your occupation? We all have complaints about our job on occasion; but some may have more reason to be concerned than most.

In 2018, according to the Bureau of Labor Statistics, there were 5,250 work-related fatalities, a 2% increase from 2017. “While no job is completely free of risk, most jobs are relatively safe. Yet there are quite a few professions that are far more dangerous, and where the risk of dying is more than 10 times higher compared to the average American occupation.” (USAToday.com)

Following are the 2018 ten “most dangerous jobs in America, according to the Bureau of Labor Statistics’ latest annual report of fatal occupational injuries.” (MoneyTalksNews.com)

10. First-line supervisors of landscaping, lawn service, and groundskeeping workers

Fatality rate: 20.2 per 100,000 workers

Most common cause of fatality: Falls, slips, trips (often work from elevated positions)

9.   First-line supervisors of construction trades and extraction workers

Fatality rate: 21 per 100,000 workers

Most common cause of fatality: Transportation accidents (i.e. motor vehicle accidents)

8.   Structural iron and steel workers

Fatality rate: 23.6 per 100,000 workers

Most common cause of fatality:  Falls, slips, trips

7.   Farmers, ranchers, and other agricultural managers

Fatality rate: 24.7 per 100,000 workers

Most common cause of fatality: Transportation incidents

6.   Driver/sales workers and truck drivers

Fatality rate: 26 per 100,000 workers

Most common cause of fatality: Transportation incidents (often spend hours on the road hauling cargo)

5.   Refuse and recyclable material collectors

Fatality rate: 44.3 per 100,000 workers

Most common cause of fatality: Transportation incidents

4.   Roofers

Fatality rate: 51.5 per 100,000 workers

Most common cause of fatality: Falls, slips, trips

3.   Aircraft pilots and flight engineers

Fatality rate: 58.9 per 100,000 workers

Most common cause of fatality: Transportation incidents

2.   Fishers and related fishing workers

Fatality rate: 77.4 per 100,000 workers

Most common cause of fatality: Transportation incidents

 1.   Logging workers

Fatality rate: 97.6 per 100,000 workers

Most common cause of fatality: Contact with objects and equipment

Even with the dangers these workers face every day, most of the jobs on this list only have a median annual wage of $41,000 or less. “The danger these jobs pose, coupled with the low pay, have made many of these occupations some of the least desirable professions in the country.”

The Law Offices of David L. Hood – Representing Injured Workers in South Carolina

The Law Offices of David L. Hood have been fighting for the rights of injured workers in Charleston, N. Charleston, Mt. Pleasant, Georgetown, Murrells Inlet, Myrtle Beach, North Myrtle Beach, Columbia, Greenville, Hilton Head, Rock Hill and all across South Carolina for over 25 years. We have a dedicated team that will strive to take care of your claim professionally and treat you with respect. Over the years we, along with co-counsel have represented hundreds of injured workers and their families, working hard to get them the medical treatment and compensation they deserve.

To learn more about what we can do for you, contact our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. To get in touch with us, you can call our offices at (843) 491-6025 or email us here.

Other online resources used for this article:

BusinessInsider.com

Categories
Bodily Injury Lawyer

Are You Being Exposed to a Carcinogen Without Realizing It?

In our daily lives, we are coming into contact with thousands of chemicals that we know almost nothing about. Most of these chemicals are harmless in small doses, but others have the potential for adverse health effects. (NTP.gov) In fact, it is estimated that 2000 new chemicals are introduced into the market each year. (YourGreenPal.com)

One of these many chemicals, Glyphosate is linked to a range of diseases and illnesses, and we are being exposed to it every day, sometimes without realizing it. It’s “in the lawns, gardens and homes of America. It is at your child’s school. Worst of all it’s even in the food you eat!” Glyphosate, a weed killer, is the most widely used herbicide in the United States. (USNews.com) Glyphosate is the main active ingredient in Roundup, which Mansanto began selling in 1974.

In 2017, glyphosate was recognized as a probable human carcinogen by the World Health Organization (WHO).

In United States courtrooms, over 9,000 cases are being heard linking Monsanto Company’s (now Bayer’s) Roundup to several types of cancer, autism, birth defects, chronic kidney disease, liver disease, heart disease, and numerous other illnesses.

The most common illness associated with Roundup is non-Hodgkin’s lymphoma, which has led to nearly 9,300 lawsuits against Monsanto. Non-Hodgkin’s lymphoma is a “blood cancer that affects the lymph nodes and tissues, and sometimes even bone marrow. Some studies have suggested that frequent glyphosate exposure could double the risk of developing lymphoma within a decade.”

“The first two trials ended with juries ruling that Monsanto’s weed killer was a substantial contributing factor in causing the plaintiffs to develop non-Hodgkin’s lymphoma, and giving large awards for liability and damages…. “For news and tips about the ongoing legislation, see Carey Gillam’s Roundup Trial Tracker.” (USRTK.org)

Are you at risk?

These groups of people are most at risk for exposure to Roundup, because they use it frequently, often as part of their jobs:

  • Professional gardeners
  • Landscapers
  • Farmers
  • Agricultural workers
  • Herbicide applicators
  • Groundskeepers

There are three ways you can be exposed to Roundup:

  1. Breathing it in through the nose or mouth
  2. Eating food treated or tainted with it
  3. Absorbing it through the skin

Signs and Symptoms of Roundup Exposure:

  • Eye irritation
  • Skin rashes
  • Nausea
  • Dizziness
  • Sore throat
  • Asthma
  • Headache
  • Lethargy
  • Nose bleeds

If you have any of these symptoms after being chronically exposed to Roundup, please start a dialogue with your physician.

How to protect yourself from harmful exposure:

  • Wear sturdy rubber gloves
  • Wear safety glasses
  • Wear socks and close toed shoes
  • Wear long-sleeve shirts and long pants
  • Make sure the sprayer you’re using is not leaking

Contact David L. Hood if You’ve Been Exposed to Roundup in South Carolina

If you or someone you love has been exposed to Roundup on a regular basis, and now has an illness that is known to be linked to exposure, please schedule a free consultation with attorney David L. Hood by calling (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the effects of product defect-related injuries and the untold pain and suffering they cause. At The Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family so you can focus on healing. After a free case evaluation, attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Additional online resources used for this article:

https://www.usnews.com/news/national-news/articles/what-to-know-about-glyphosate-the-pesticide-in-roundup-weed-killer

https://www.healthline.com/health-news/is-it-safe-for-you-to-use-roundup-weed-killer-on-your-lawn-this-spring

https://www.ecowatch.com/15-health-problems-linked-to-monsantos-roundup-1882002128.html

https://www.pbs.org/newshour/health/what-you-need-to-know-about-a-popular-weed-killers-alleged-link-to-cancer

Categories
Motor Vehicle Accidents

Fatalities from Drivers Running Red Lights Hit 10-Year High

Next time you think about running a red light, consider these statistics. In 2017, 939 people were killed when someone plowed through a red light. That is at least two people a day!

A study by the AAA Foundation for Traffic Safety concluded that fatalities in red-light collisions increased in 2017, for the fifth year in a row.

In 2009, there were 715 people killed in accidents involving drivers running a red light. That’s an increase of 31% between 2009 and 2017.

This “study tracks anyone who was killed, including the driver, passengers, people in another vehicle or people outside the vehicle.”(USA Today) The study tracked the numbers back to 2008. Here are a few possible reasons for the increase:

  • Americans are driving more. According to the Federal Highway Administration, the number of miles traveled increased by 5% between 2008 and 2017.
  • Increased distractions on the roads. The recent rise of cell phones and in-vehicle infotainment systems could be contributing to the surge of drivers running red lights. Cell phones could also be the cause of pedestrians walking across the street when a light is red, causing them to be hit by an oncoming car.
  • Drivers intentionally speeding.

People know that driving through a red light is illegal. Ken Kolosh, manager of statistics at the National Safety Council (NSC) says, “It’s frustrating because it’s so obviously preventable.”(CNN.com)

Who statistically runs red lights?

A 2017 telephone survey by the AAA Foundation for Traffic Safety showed that 93% of drivers said it’s unacceptable to run a red light if it’s possible to stop safely, but nearly 1 in 3 drivers surveyed admitted they have run a red light in the past 30 days.

“Among drivers involved in 2017 fatal red light running multiple-vehicle crashes, the red light runners were more likely than other drivers to be male, to be younger, and to have prior crashes or alcohol-impaired driving convictions. The red light runners also were more likely to be speeding or alcohol-impaired at the time of the crash and less likely to have a valid driver’s license.”(Insurance Institute for Highway Safety (IIHS))

Remedies to help reduce these numbers:

  • Signal timing. Increase yellow signal time, so that drivers have more time to slow down and stop for a red light.
  • More red light cameras. Since police can’t be everywhere, “cameras are connected to the traffic signal and to sensors that monitor traffic flow just before the crosswalk or stop line. The system continuously monitors the traffic signal, and the camera captures any vehicle that doesn’t stop during the red phase.” It is standard practice for these pictures or videos to be reviewed, and tickets are only issued once there is clear evidence that a vehicle actually ran a red light.

What YOU can do to help reduce the number of red light running crashes while driving:

  • Prepare to stop by taking your foot off the accelerator, and being ready to brake when coming to an intersection with a light.
  • Pay close attention. If a light you are approaching has been green awhile, prepare to stop.
  • Tap the brake a couple of times before stopping, to get the attention of the driver behind you, in case they are being distracted.
  • Drive defensively. After stopping for a red light, give a second before proceeding and look both ways, to be sure the cross traffic is stopped.

As a pedestrian, you can:

  • Give a few seconds after the light turns green before proceeding into the intersection.
  • Stay alert. Give your full attention to what is going on, and don’t wear headphones.
  • Be visible. Stay in well-lit areas, and wear bright colors at night.
  • Make eye contact with drivers in stopped vehicles to be sure they see you before crossing in front of them. (AAA.com)

The Law Offices of David L. Hood – Serving Car Accident Victims in South Carolina

If you have suffered a collision in South Carolina, the legal team at The Law Offices of David L. Hood will help you navigate the situation professionally. We have years of experience in helping people involved in serious accidents figure out the legal requirements and details needed to move forward after an accident. After gathering all the necessary information we will pour our efforts into building your case to get a fair settlement or take it to court if the need arises.

Our entire team has years of experience representing various clients and car accident victims in South Carolina. Having a passion to help, we offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent-fee based case, where you don’t pay unless we get a recovery in your case.

You can find our contact information on the page here and schedule your free consultation session. From that moment until your case is closed, we will stay with you each step of the way in the fight to achieve justice for you and your family.

Other online resources used for this article:

https://www.rideapart.com/articles/368131/red-light-runner-deaths-hit-10-year-high/