Williams, Stitely & Brink PC

Lexington Legal Blog

Is the waiver you signed at the trampoline park ironclad?

For most people in South Carolina, going out as a family for a day of fun activities is a highlight. Indoor trampoline parks are ideal destinations for family outings, and the idea that a loved one could suffer a catastrophic brain or spinal cord injury at such a facility might not even cross anyone's mind. In fact, you will likely sign the waiver upon paying your entrance fee without giving it a second thought. Most trampoline parks expect parents or jumpers to sign such waivers.

What you might not know is that thousands of people suffer injuries at trampoline parks every year, and many of them think they have no right to sue the facility because they signed a waiver. That is not always true.

Seeking recovery following a South Carolina drunk driving crash

Like most conscientious drivers in South Carolina, you try your best to remain alert behind the wheel and adhere to all traffic and safety regulations. If every motorist would do this, the risk of collision would significantly decrease. The problem is that, no matter how safe a driver you happen to be, it's no guarantee that other motorists in your vicinity are also exhibiting safe driving behaviors. In fact, some of the drivers out there are downright menaces to the road.  

Sadly, many fatal accidents occur every year because of reckless or negligent driving. Drunk driving ranks high on most lists of negligent driving behaviors that cause injuries or fatalities to innocent victims throughout the state and across the nation. How well you know the signs of possible driver intoxication may help you avoid collision. It's also good to know where to seek support if a person illegally operating a motor vehicle causes you injury.  

How do comparative and contributory negligence differ?

In the civil justice system of South Carolina, the court bases any personal injury or tort case on fault or negligence. Different states have adopted various doctrines to apply when it comes to awarding monetary judgments, with comparative negligence and contributory negligence being the two primary types of fault. Although South Carolina uses a version of the comparative negligence system, some neighboring states use the contributory doctrine.

Understanding both may become important depending on the state in which you suffer injuries. Not all accidents result from the negligence of only one party, and you may carry the blame for a percentage of the fault.

How safe is your young child as a pedestrian?

If you are a parent of young children in South Carolina, you might experience anxiety whenever they are off to school or in any circumstances in which they have to deal with vehicular traffic. You will probably know that children in elementary school are active and could be very impulsive. Although you cannot protect your children forever, those under the age of 10 years will likely not be ready to deal with traffic without supervision and guidance.

This is the time when they are still learning and not entirely aware of all the dangers with which they must deal as pedestrians. Too many children are the victims of car accidents every year, and it is up to you to teach your children about pedestrian safety. Due to some myths and misconceptions, many accidents involving child pedestrians occur every year because children dart into roads and the paths of vehicle.

Avoiding an accident by reviewing hazardous cycling scenarios

Whether to avoid the time constraints of traffic or simply as a means of exercise, many individuals choose to reach their destinations via bicycle. Perhaps you also prefer to coast from place to place on your bike, and you might thoroughly enjoy the numerous benefits of such a healthy mode of travel.

Unfortunately, this mode of travel may also come with certain risks, especially when riding near motor vehicles. Bicycle-automobile accidents are often devastating, potentially prompting many cyclists to research some of the most common hazards they might face and ways to avoid a collision.

Don't snooze on seeking compensation after a drowsy-driver crash

You undoubtedly know that without the proper amount of sleep, completing necessary tasks becomes much more difficult. Though you may have the ability to trudge through your workday while feeling groggy, you should leave certain tasks until you feel more awake and fully ready to perform the necessary actions with the proper attention. For instance, you certainly know that you should not get behind the wheel of a vehicle while feeling sleepy.

Though you may take the time to catch a quick nap or get someone else to drive before heading to your destination, other people may not take such precautions. Indeed, they may even ignore signs that point toward drowsy driving.

I don't have children; should estate planning still matter?

If you think you do not need to worry about estate planning because you are single or because you and your spouse do not have kids, you are not alone in this belief. A recent poll found that 56 percent of Americans do not have a will. This could be due, in part, to the common misconception that the main purpose of a will is to take care of your children after you pass away.

In many circumstances, belongings automatically pass to children or a spouse in the absence of a will. If you are single or married without children, this is actually when estate planning may be even more essential. Granted, if you are married and pass away, your spouse will likely inherit your shared assets; however, have you ever considered what will happen if he or she also dies a short time thereafter? What if someone you both disliked - an estranged sister, for example - ends up inheriting everything by default?

Should I fight a first-time DUI charge?

Criminal charges of any kind can lead to serious consequences, and if you have been charged with drunk driving, you may be wondering how or if you should fight back. Minimizing the consequences of a DUI is more than simply paying a fine and moving on with life, but it involves qualified experience with the criminal justice system and South Carolina drunk driving laws.

If it is your first offense, you do not have to allow a one-time mistake to change the course of your life. You have the right to confront these charges with the help of an experienced attorney, and it may be possible to protect your right to drive and mitigate some of the other penalties that could affect your life.

4 motorcycle accident scenarios and the best ways to avoid them

Some South Carolinians prefer to get around in style. Motorcycles give riders a sense of freedom and style that just cannot be found in a car. Unfortunately the ability to ride down the back roads of Lexington on a bike comes with a price. Motorcycles are not as protected as cars and leave their riders more vulnerable. Motorcycle riders are five times more likely to get injured in an accident than their motorist counterparts.

Drivers should take the responsibility to be more aware of motorcycles. Unfortunately you will always come across the people who do not look before changing lanes, or who cannot see well when driving. It is important to ride defensively and know the best ways to avoid an accident with negligent drivers. Here are four common scenarios of negligent drivers and how you can prevent getting injured.

Williams, Stitely & Brink PC
P.O. Box 2390
200 East Main Street
Lexington, SC 29072

Phone: 803-359-9000
Fax: 803-359-9945
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