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Holland & Usry, P.A.

Honest Answers From Your South Carolina Lawyer

When you’re faced with a major life event, you’re filled with questions and uncertainty. Get the straight answers you’re looking for from a South Carolina attorney.

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  • Are there any laws about safe tractor-trailer tires, and are truckers trained to handle blowouts?

    Yes and yes.

    Federal regulations help keep highways and interstates safe by setting minimum standards for tires. The standards include:

    • No hazardous defects. Tires cannot have belt material exposed through the tread or sidewall, show tread or sidewall separation, or leak audibly.
    • Minimum tread depth. For front wheels, tread groove pattern depths must be at least 4/32 of an inch on major tread grooves. Other wheels must have a depth of at least 2/32 of an inch.

    The regulations expect truckers to inspect tire safety before every trip in an effort to prevent tragic accidents.

    Truckers Know How to Safely Handle a Tire Blowout

    Tire blowouts can cause an 80,000-pound road monster to careen out of control. The South Carolina Commercial Driver’s License manual teaches truck drivers to recognize and respond to tire blowouts.

    • Recognition. Tire blowouts often come with a loud “bang.” They can also make the semi thump or vibrate. When a front tire fails, the steering can feel heavy. Frighteningly, rear-tire failure can cause the trailer to slide back and forth uncontrollably in a violent fishtail.
    • Response. In a blowout, the truck driver must hold the steering wheel firmly. This is especially true for a front-tire blowout, which can twist the steering wheel out of the driver’s hands. Truckers must resist the urge to brake—hard braking could actually cause loss of control.

    Take Action If the Trucker or Trucking Company Didn’t

    If you get hurt or worse, lose a loved one in a fatal accident, you can hold the trucker and possibly the trucking company accountable.

    If you need questions answered, fill out our Get Help Now form or call 888-230-1841 to set up a free strategy session with an experienced trucking accident lawyer. 

     

  • How could a tractor-trailer have brakes bad enough to cause an accident?

    It’s almost beyond belief—the idea a massive machine the size of 40 elephants, moving at interstate speeds, can’t stop itself. But it’s a real problem, often worsened by the twin evils of speeding and tailgating.

    A joint government-sponsored study by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration showed just how big that problem is. The study looked at a representative sample of nearly one thousand tractor-trailer crashes and concluded deficient or failed brakes contributed to an estimated 29% of crashes.

    The sad truth is, a variety of factors can cause semi-truck brakes to fail or go bad, causing tragic wrecks. But there are two issues we look for first:

    • Inadequate inspections. I’ve written before on federal law requiring pre-trip inspections as well as the inspection processes that have been put in place to promote highway safety. In the federal regulation containing the items to be inspected, the first one listed is the brakes. Careless or nonexistent inspections can overlook faulty brakes. Both the trucker and the trucking company can be held legally accountable for these poor inspections.
    • Poor maintenance. Finding a brake problem is just half the battle. Turning a brake problem over to a poorly trained or incompetent mechanic won’t solve the problem. Federal law also tries to protect us from this by providing minimum qualifications for big rig brake mechanics. These qualifications include successful completion of an approved apprenticeship or training program. 

    If you’re involved in a tractor-trailer accident, you can rest assured the trucker won’t volunteer the cause of the crash—just like his insurance company won’t volunteer to pay your medical bills. Get a trained professional who wants to help you. Fill out our Get Help now form, or call toll free 888-230-1841 to start getting some answers and building your case.

  • Why can my driver’s license be suspended for refusing a breath test?

    You’re right to wonder how the State can punish you for refusing to help the police in a DUI case when the Miranda rights basically tell you the refusal to help the police by making a statement won’t be held against you.  It’s just another example of how strange and unique DUI cases are.

    The reason officers can ask you for a breath test in a DUI case is a little bit of legal trickeration called the “implied consent” law. Here’s what it says:

    S.C. Code § 56-5-2950(A):

    A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of the person’s breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or the combination of alcohol and drugs, if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs.

    So by driving in South Carolina, you’ve given the State permission— without even knowing it—to test your breath, blood, or urine for alcohol or drugs in a DUI case.

    But there are a few things you should know:

    There’s No Time to Waste and You’ve Got Hope

    Whether you exercised your right to refuse the test or not, DUI is a very complex and challenging charge to defend on your own—you may have defenses you don’t even know about. And these cases are very rarely open and shut, no matter how confident the officer seems of your guilt. Learn more by downloading my FREE book.

    If you’ve been charged, you owe it to yourself to get your questions answered by an experienced DUI attorney. Fill out our Get Help Now form to start building your defense with our DUI lawyer. 

  • I got busted for drugs, and I think it’s because someone told the police—or even helped them. Can I find out who did it?

    Maybe. I know that’s almost the worst answer to hear when your back is against the wall on serious drug charges. But technical legal rules impact your rights here—that’s why you need a technician to help you.

    Here are the basics:

    When Disclosure Is Usually Required

    The State must often reveal the identity of the police informant when the informant:

    • Actively participated in the drug sale for which the suspect got charged.
    • Set up the police drug sale.
    • Introduced police to the suspect.
    • Is a material witness to the drug crime, like when he’s the only other witness to it other than the buyer and the suspect.

    NOTE: There are exceptions. Disclosure isn’t always required here. If other factors or circumstances justify denying disclosure, the judge can keep the informant’s identity from you.

    When Disclosure Isn’t Required

    Courts won’t force the State to give up its informant when the informant is:

    • Merely a tipster who gave a lead to law enforcement. That can mean the informant just called to tell police about seeing the suspect with drugs, instead of actively participating in a police set-up to buy from the suspect.
    • A relatively unimportant witness who has little direct knowledge of the crime.

    For example, in 1996, the South Carolina Court of Appeals upheld not disclosing the identity of an informant who sat in the car during a drug buy orchestrated by police. The Court ruled against disclosure because the informant:

    • Took no part in the drug deal,
    • Had no part in setting it up,
    • Never came near the suspect charged with selling the drugs,
    • Never described the suspect to authorities,
    • Never identified the suspect as selling drugs,
    • And wasn’t the only other witness to the drug sale aside from the buyer and the defendant.

    Give Yourself the Best Shot at Full Disclosure

    Prosecutors don’t give up their sources without a fight. But it’s your freedom at stake, so you need an experienced criminal defense attorney who knows how to convince a judge to provide the informant’s identity. Because if you can’t take on your real accuser in court, you may just be fighting in the dark. That doesn’t end well.

    To get your questions answered by an experienced criminal drug charge lawyer, fill out our Get Help Now form right now.

     

  • What happens if I get hurt so bad on the job that my injuries keep me from working anymore?

    If your South Carolina work injury—or multiple injuries—are severe enough that your doctor or a vocational expert concludes you can’t work again, you may qualify for permanent and total disability benefits under workers’ comp. You can receive some major benefits:

    • Free medical care for life. The workers' comp insurance company pays as long as the treatment relates to your work injury. You still have to pay for any other conditions or illnesses that aren’t related to your injury.
    • Disability compensation. In most cases, disabled workers receive two-thirds of their average weekly wages for up to 500 weeks. But if you’re paralyzed or sustained a brain injury, you may qualify for that income for the rest of your life- see more on that below.

    Two More Things You Should Know About These Benefits

    1. Being disabled under workers’ comp doesn't mean you're helpless. In fact, if you return to work, you keep the benefits. This encourages the severely injured to be as productive as possible.
    2. If you suffer total disability from a brain injury or paralysis, you might qualify for the maximum benefits under the law.

    Protect Yourself Because Too Much Is at Stake

    If your work injury case potentially involves total disability, your medical and financial futures are on the line. You likely need these benefits to prevent you and your family from falling into financial ruin as you waste away under untreated, disabling injuries. And you can rest assured the workers’ comp insurance company will fight you tooth and nail to save its precious dollars from your desperate need.

    Hire an experienced workers’ comp attorney to build a convincing case for benefits to protect your future. This is the only chance you’ll get to do it.

    If you’ve got questions about your case, start a live chat right where you are. An experienced South Carolina attorney will respond with answers.

     

  • What is a functional capacity evaluation (FCE)?

    If your doctor wants guidance in assessing your accident injury for a permanent impairment rating, he might send you for an FCE.

    Generally, it’s an exhaustive set of physical tests, usually given and scored by a physical therapist. Here’s what you need to know about FCEs.

    Why FCEs Are Important

    The doctor uses the results to give a more accurate rating, which can have a big impact on your case. We see them more often in South Carolina workers’ comp cases, where the results can help determine if you’re eligible for extra financial benefits for permanent and total disability and wage loss.

    FCE Purpose From the Examiner’s Standpoint

    There are generally three main purposes for the tester:

    • Evaluate your ability to perform your job. The evaluator often has a copy of your job description from your employer.
    • Define the physical level of work you qualify for under United States Department of Labor guidelines. Those provide 5 physical job demand categories: sitting, light, medium, heavy, and very heavy.
    • Measure your loss of strength and motion from an injury.

    Before moving on to the specific aspects of the test, there’s one vital thing you’ve got to remember.

    Your Effort Counts—a Lot!

    Exerting good effort is vital. These tests have built-in “lie detectors” that’ll expose deceptively low effort by you. Don’t try it. You’ll be smoked out, and it’ll ruin your case.

    Now let’s turn to the tests and info used for the evaluation.

    Physical Abilities Tests

    The evaluator will test your ability to do the following, noting the maximum amount you can do:

    • Lift from floor to shoulder, waist to shoulder, and a few inches off the floor to your waist.
    • Carry.
    • Push and pull.
    • Basic motions including how much you can sit, stand, and walk (and whether you limp), climb stairs and ladders, reach overhead, and bend your knees to stoop, kneel, crouch, and crawl.
    • Hand strength and coordination—you’ll be evaluated on your ability to handle objects and grasp with each hand.

    Musculoskeletal Testing

    This evaluates for things like:

    • Whether you limp.
    • Your posture and whether you can stand upright.
    • Muscle tone—the tests measure tightness, tenderness, and muscle spasm.
    • Joint and muscle flexibility.
    • Range of motion and whether your ability to move your joints falls within normal limits.
    • Strength.
    • Reflexes.

    Endurance Testing

    You might even do a treadmill test. This checks your ability to walk for time and distance. The evaluator observes your posture and ability to walk without a limp. The test measures how long you’re able to do the task before it hurts too much or you run out of breath or energy.

    You Get to Provide Some Input of Your Own

    The evaluator also interviews you about important points in your injury like:

    It’s Just Another Piece of the Puzzle

    With the exception of living with a permanent injury from an accident, your FCE may be the most difficult physical part of your case. But it’s only part of the challenge you face. If you’re severely injured enough to require an FCE, there’s a lot at stake for you legally too. Just as you got doctors to protect your body medically, it’s time to ask a lawyer about protecting your rights legally. You only get one chance at your case, so don’t risk ending it with regrets.

    If you’ve got questions about your case, feel free to start a live chat right where you are so an experienced attorney can respond to your concerns.

     

  • What’s the main reason for motorcycle accidents?

    It’s not riders. A 1998 study by the National Highway Transportation Safety Administration (NHTSA), a federal government agency, found the top cause of motorcycle accidents:

    Other drivers (i.e. cars or trucks) who violate the rider’s right of way.

    So take heed, cage drivers! Look out for motorcycles! NHTSA’s comprehensive analysis of the problem gives tips to help both drivers and motorcyclists avoid tragic or even fatal accidents:

    • Drivers, avoid the deadliest of sins. Don't drive distracted. Cars and trucks present way too many options to develop fatal habits that take your attention off the road. When driving, just drive. No food, no phone calls, and certainly no texts. Just the road ahead.
    • Riders should follow these tips and wear bright colors.

    Need More Answers?

    Motorcycle accident victims have lots of questions. And maybe, more importantly, there are questions you SHOULD ask but don’t know to since you’re not a professional in handling these cases. That’s why I wrote a free book on the subject, I Just Got in a South Carolina Car Accident, Now What?

    If you want personal attention to your problem from an experienced motorcycle accident attorney, feel free to start a live chat right where you are to start addressing your concerns, building your case against the motorist who ignored and hurt you—and making it right.

     

  • What is SR-22, and when do you have to get it?

    If you’re charged with DUI, you quickly realize a lot of bad things can happen if you're convicted.

    SR-22 auto insurance is one of them. Here’s what you need to know.

    SR-22 Insurance Explained

    1. What SR-22 is. SR-22 is actually the name of a form your insurance company files with the DMV to prove you have auto insurance. It’s required for drivers who are deemed a high risk: the DMV needs extra assurance they’ve got insurance coverage to pay for a wreck if they cause one.
    2. You only get SR-22 if you’re convicted of DUI or DUAC. Until then, you’ve got nothing but the opportunity to avoid the pain of conviction. That’s why you owe it to yourself to meet with an experienced DUI defense attorney to strategize how to win your case.
    3. It’ll cost you more in auto insurance premiums. Costs vary. You’ll have an embarrassing talk with your insurance agent, and you may even lose your coverage if your current insurance carrier doesn’t offer SR-22. If that happens, you’ll have to shop it yourself.
    4. You’ve got to have it for three years. It’s the law.
    5. There’s no real way around it. If you’re required to have SR-22 but don’t, the law (S.C. Code § 56-5-520) forbids both a license to be issued to you and a car being registered in your name.

    Like everything else associated with a DUI conviction, why suffer through it without a fight, or at least the peace of mind knowing you did all you could to prevent it? SR-22 is just one more monster from a parade of terribles that results from a conviction.

    Does your insurance company really need more money? Don’t give them a handout, fight the charge.

    Remember, if you have been charged with DUI, you might have defenses you don’t even know about. In fact, that’s a major part of the reason I wrote my FREE report on defending DUI cases, which you should read! And you can always call our office at 888-230-1841 for a free strategy session to start building your defense. 

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  • What happens if I get in an auto accident with an Uber driver?

    Uber and other rideshare services add tremendous comfort and convenience, and no one thinks about getting hurt using them.

    But bad things happen occasionally—and unexpectedly. You can be hurt without warning by a traffic collision involving a rideshare vehicle. Even if it’s not the Uber driver’s fault, you need to know how your case works.

    Here’s the most important, basic stuff about your Uber car accident case.

    First Things First: Uber Insurance Coverage for Car Accidents

    The most important question for injury victims or families who suffer wrongful death in a fatal accident is this one: What insurance covers an Uber accident?

    Here’s how Uber covers its drivers as of March 1, 2018:

    • If the driver’s Uber app is off, he’s offline. Only the driver’s personal insurance applies.
    • If the driver’s Uber app is on but the driver has no passengers and is not on the way to get them, Uber’s coverage is a maximum of: $50,000 for any one victim, $100,000 for the whole crash, and $25,000 for property damage.
    • If the Uber driver is carrying passengers or is on the way to get them, coverage is up to $1,000,000 for crashes caused by the Uber driver. And if the auto accident is not the Uber driver’s fault, there’s good news for victims: If the at-fault driver’s insurance isn’t enough to pay for your injuries or loss of a loved one, Uber provides a maximum of $1,000,000 extra coverage, called underinsurance.
    • While riding with Uber, if you’re a victim of a hit and run or an at-fault driver with no insurance, Uber provides up to $1,000,000 uninsured coverage for injuries or wrongful death.

    Your case may be further complicated by other insurance coverage from other drivers’ policies—including your own.

    And That’s Only the Tip of the Iceberg

    That’s only the beginning of issues you’ve got to contend with in your case. For more free info about your case, a good starting point is our car crash home page. Or you can download our FREE REPORT on South Carolina car crash cases. As always, if you’ve got specific questions, fill out our Get Help Now form on this page or just call 888-230-1841 to speak to an experienced auto accident attorney.

     

  • What’s the difference between Stand Your Ground and self-defense?

    Basically, South Carolina’s Stand Your Ground law gives added protection to defend yourself in certain places. In particular, here are three factors that are always important to a criminal defense based on this law:

    • Added protection. If you qualify, you are immune from prosecution, meaning your case is dismissed. You do have to prove self-defense, but you don’t have to prove the fourth factor of self-defense, the duty to retreat if possible.
    • Places. Your case must involve a residence, business, or occupied vehicle.
    • Proof. You have to prove self-defense by a preponderance of the evidence, meaning more likely than not.

    In contrast, you can use self-defense anywhere else. It’s tougher to prove, though, because:

    • Less protection. The law doesn’t allow for dismissal. It’s a trial defense used to get an acquittal. You’ve got to show all four factors of self-defense, including the attempt to retreat or the inability to do so.
    • Proof. To convict you at trial, the State must prove beyond a reasonable doubt at least one element of self-defense doesn’t exist.

    Don’t Risk Losing Your Legal Rights Without a Fight

    If you’re wondering about Stand Your Ground or self-defense, you can’t afford anything but a criminal defense lawyer you trust. Your future’s on the line, and the State wants to take it. An injured victim or the victim’s family may be pushing hard for it, with the willing help of the police. Don’t let your side get drowned out. Call us at 888.230.1841 to start getting your voice heard.

     

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