FAQs

After an accident occurs or an injury is suffered, you may feel lost and confused. Few people who have suffered an accident or incurred an injury have an extensive background in this area. Without this knowledge, they are left wondering how best to proceed in order to protect their legal rights. Fortunately, we are here to provide you with the answers that you are looking for. Check out our many frequently asked questions and their accompanying answers for more information.

Who can sue for a motorcycle accident injury and death case in South Carolina?

In South Carolina, a claim may be filed by motorcycle operators and passengers alike. Certain states have different rules pertaining to what guidelines must be met in order to file a claim. It can help to speak with an accident attorney in your state to ensure that these guidelines are followed.

Who is at risk for developing an asbestos-related disease?

Asbestos exposure related disease affect all walks of life. Family members of workers once exposed to asbestos are also at risk of developing an asbestos related disease. Workers with a high rate of asbestos exposure include insulators, boiler makers, railroad workers, pipefitters, industrial maintentance mechanics, painters, construction workers, welders, laborers and electricians. The higher the level of asbestos exposure and the longer the duration of exposure, increases the risk of a worker developing a related disease.

Who is considered an employee?

Under the Worker's Compensation Act, an employee is any person who is under employment, contract for hire, or an apprenticeship, whether express or implied. This also includes foreign workers and minors who are lawfully or unlawfully employed as well as both full-time and part-time employees.

Subcontractors may also be covered under workers' compensation. If a subcontractor does not carry workers' compensation insurance, the owner or developer above them in the chain of employment may be held liable for workers' compensation to the injured employee, as if they were the direct employer.

Who is entitled to bring a wrongful death claim in South Carolina?

A wrongful death case may be brought by the spouse or child(ren) of the deceased victim or if there is no surviving spouse or child, then the parents or next of kin of the accident victim.

Who is in charge of regulating large commercial trucks and truck companies?

The Federal Motor Carrier Safety Administration (FMCSA) is in charge of regulating large commercial trucks and truck companies. Its mission is to ensure that commercial motor vehicles follow safety regulations to make the roads safer in South Carolina and around the country.

The role of the FMCSA is to:

enforce safety regulations;
target high-risk drivers and carriers;
improve information systems and technologies;
strengthen operating standards; and
increase safety awareness.

Some of the responsibilities of the FMCSA include:

Data and Analysis - collect and disseminate data concerning carrier safety and resources to improve safety;
Research and Technology - coordinate research and technological developments to improve safety;
Commercial Drivers' Licenses - develop standards for testing and licensing of truck drivers;
Regulatory Compliance and Enforcement - operate safety program to improve performance and eliminate high risk carriers from the nation's roads; and
Safety Assistance -financially helps states with roadside inspection and other types of safety programs.

These are just some of the responsibilities that the FMCSA has over truck drivers and their companies. While the FMCSA works to make the roads safer, the fact remains that because of the negligence of another, a truck accident in South Carolina can still happen. If you have been seriously injured in a South Carolina truck accident, a South Carolina truck accident lawyer will investigate your case to determine if the truck driver and/or the trucking company may be responsible for your injuries and will help you to fight for the damages that you may be entitled to. Seeking the Help of a South Carolina Truck Accident Attorney The South Carolina personal injury attorney team at the Shelly Leeke Law Firm is available to help accident victims cope with the legal implications of a serious injury. Our firm's focus on personal injury cases includes injury from auto accidents including pedestrian and bicycle injuries, work-related injuries and Workers' Compensation claims, and injuries resulting from dangerous prescription drugs.

Contact a Charleston personal injury attorney for a free information packet and consultation 1-888-690-0211.

Who is responsible for my slip and fall accident?

Depending on the details of your accident, more than one person could be held responsible for your injuries. The owner, tenant, management, or a combination of parties may be held liable for the slip and fall. An attorney can help you to determine who will be held responsible and take the necessary actions to build your case against them.

Who is responsible if my child is involved in a school bus accident?

If the school bus caused the accident, the liability insurance covering the school bus will be responsible for the medical bills, pain and suffering, and any other damages incurred by the school bus children or others injured by the school bus driver's negligence.

If another vehicle caused the accident with the school bus, the other driver or the other driver's liability insurance will be responsible for paying damages caused by the driver's negligence in causing the school bus wreck.

Who will pay for my medical bills if I am a pedestrian who was struck by an automobile?

The at fault driver’s insurance company is responsible for your medical bills, pain and suffering, and lost wages caused by the negligence of that driver in causing the collision with a pedestrian. If you carry your own insurance policy, your policy may also pay for your medical bills and even pain and suffering in excess of the amount of coverage available from the at fault driver’s policy, depending on the coverage you carry through your own policy. Contact us for Free Case Evaluation today.

Who will pay for my medical bills from the car accident?

Your accident-related medical bills should be paid from any settlement recovery you receive when your South Carolina accident case settles. Therefore, you should submit your bills to your own health insurance company so that the bills do not go in to collections. If you do not have health insurance, you will need to make payments on the medical bills until the bills are paid from the injury settlement. You should also contact your car insurance company and ask if you have medical payments or Personal Injury Protection (PIP) coverage. If you do, then you should submit the bills to your car insurance company. You do not want your medical bills going to collections! Your Charleston motor vehicle accident lawyer will help you figure out a payment plan with your medical provider that best suits your financial situation.

Who will send my disability checks?

If your employer employs four or more employees, they are required to carry workers' compensation insurance. Their workers' compensation insurance carrier is responsbile for paying your lost wages if you are out of work for more than 7 days. Your disability checks will be sent weekly.

Who can sue for a motorcycle accident injury and death case in South Carolina?

Who is at risk for developing an asbestos-related disease?

Who is considered an employee?

Who is entitled to bring a wrongful death claim in South Carolina?

Who is in charge of regulating large commercial trucks and truck companies?

Who is responsible for my slip and fall accident?

Who is responsible if my child is involved in a school bus accident?

Who will pay for my medical bills if I am a pedestrian who was struck by an automobile?

Who will pay for my medical bills from the car accident?

Who will send my disability checks?

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