Moncks Corner Legal Issues Blog

An introduction to choosing protective motorcycle gear

With the purchase of your new motorcycle, you are also in need of investing in some high-quality safety gear that will serve to protect you in the event you are involved in an accident. Selecting the right safety gear is imperative to your safety and your confidence when you ride. At George B. Bishop, Jr. P.A., we have helped many victims of motorcycle accidents in South Carolina. 

When people think of safety gear for a motorcycle rider, their thoughts often immediately turn to helmets. While head protection is vital, it is not the only form of protection you should consider before you head out on your motorcycle. In addition to high-quality headwear, you should also make sure that you are wearing proper footwear, durable pants and a jacket and gloves that will provide a better grip, protection from weather elements and protection from the road if you crash. 

Woman awarded just enough to pay medical bills in lawsuit

The perception of those who initiate personal injury claims in South Carolina may be that such people are simply looking for a quick payday. What may be lost in this assumption is the fact that accidents (even seemingly mundane slips and falls) can produce devastating injuries that not only exact a heavy financial toll from victims, but an emotional one, as well. The net effect of such can be monetary deficits that one may simply not be able to afford on his or her own. In such a scenario, one might be left with no choice but to seek compensation. 

The compensation gained through civil action may, however, be only enough to cover the exact expenses one was forced to deal with. Take the recent case of a Pennsylvania woman: she slipped and fell at a local store, and later required surgery to repair a meniscus tear in her knee. She sued the store of for liability and was awarded $7,481, or just enough to cover the costs of her injury. In an appeal, the woman argued that the judge who initially heard the case did not let the jury know that they could consider the weight of the evidence against the store when deciding how much she should receive. The appellate court, however, upheld the earlier ruling. 

Reducing the odds of a collision by knowing the hazards you face

No one ever starts the day expecting to be involved in a motor vehicle accident, but in some cases, you might have little say in the matter. Even if you consider yourself the most cautious of drivers, you probably share South Carolina roads with a multitude of others, some of whom might not share your zest for safety.

In some cases, even a safe driver may slip up and make a mistake, and the consequences of even a small error can be disastrous. To reduce the chances that you will end up in a dangerous collision, it might be in your best interests to better understand the scenarios in which accidents frequently occur.

What caused the heroin epidemic?

Every day you hear about people dying due to heroin in South Carolina. It may make you wonder how so many people started using such a dangerous drug and continued to the point of addiction. It all leads back to the overprescribing and overuse of prescription opioids. Heroin is cheaper and easier to get opioid that provides the same feeling or high as the prescription alternative.

According to the National Institute on Drug Abuse, the opioid abuse issue began in the last 1990s. Pharmaceutical companies wanted to sell more prescription opioids. They pushed their agenda that these drugs were not addictive and not harmful so that doctors began prescribing them more often and in larger quantities. This is when many people first began using the drugs.

A few good reasons to abstain from alcohol as a college student

You might be one of many South Carolina college students who are currently studying for and taking mid-terms or finals. You hopefully have a few good study pals to help you achieve your goals. Unfortunately, many students run into problems when they party more than study, which is why some choose to abstain from alcohol altogether.

If you are under the age of 21, then that is undoubtedly the best choice since you can get into a lot of trouble for underage drinking. Even if you are of legal age to imbibe, you are obligated to adhere to state laws regarding such matters. The last thing you need in college is to face drunk driving charges or to cause an accident that injures another person.

Were you just defending yourself, but got arrested anyway?

Someone called the police, and it may have been you. However, when police arrived and found you in a physical altercation with one or more people, officers probably just arrested everyone in order to break up the fight with the intention of sorting things out once all was quiet and anyone who needs it received medical care.

Afterward, it's possible that you could face a first-class game of "he said-she said" as police interview everyone involved. You could find yourself facing the possibility of defending yourself against charges for assault, battery or both. You know that your part in the altercation was self-defense, but you may need to do some work to make officials see it.

Is fighting considered assault?

At one time or another, you may find yourself in a situation where someone challenges you to a fight or involves you in a fight. When this happens in South Carolina, could you face charges of assault? That depends on the situation, but in general, fighting is against the law. The Code of Laws specifies that fighting or even enticing someone to fight is illegal. However, there is one detail to keep in mind. The fight must include the use of a deadly weapon.

This is not to say that fighting is not assault. The law actually says any physical contact with another person that causes bodily harm is assault. Fighting with a deadly weapon, though, is a different charge. It is a misdemeanor and comes with up to two years in prison.

Getting a job after a DUI

College students or other people early in their working lives in South Carolina who have been convicted of drunk driving offenses may face a wide range of consequences that include fines, the use of an ignition interlock device and more. Another concern for many people is how the criminal conviction for driving under the influence or driving while intoxicated may impact their future ability to get a job. 

In today's world, a background check has become all but standard procedure for any job hiring process. According to Monster.com, it is definitely possible to secure a good job even with a criminal mark on one's record. One factor that employers generally taken into consideration is the nature of the offense and its relation or not to the type of position a person is applying for. For example, if a person is applying for a position in which they must drive a company vehicle, a drunk driving conviction may carry more weight than if the person is applying for a position in which driving on behalf of the company has no part.

Worried about violence in the workplace? You should be

Like most people in South Carolina, you probably learned to worry about violence when alone at night or, visiting new areas or in various other situations. Even if you are aware of certain risk factors for violence, you have probably overlooked a serious threat to your safety -- going to work. 

Workplace violence is a serious problem that not enough people are talking about. Indeed, you may have gone through extensive work safety training and still received little to no information about violence in the workplace. Although some industries are more affected by this type of injury than others, everyone is still at risk. 

How should you answer questions about your conviction?

After serving your sentence behind bars in South Carolina, you have been released and are looking forward to a hopeful future. While in jail, you took advantage of programs and resources that were provided to you to give you opportunities to establish core competencies and gain valuable job skills. Now, you have a job interview, but you are worried about what will happen if you are asked questions about your criminal past. 

Depending on the industry you are interested in working in, your criminal history could have more of an impact than it would in others. In many cases, you may be sitting in an interview when you are suddenly asked a question about your felony charge. Preparing ahead of time to answer these types of questions with confidence and poise is critical to your success and your ability to establish a good reputation despite your past. 

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