Myrtle Beach Legal Blog

Winter Weather Auto Accidents in Myrtle Beach

On behalf of Axelrod & Associates, P.A. posted in Motor Vehicle Accidents on Monday, November 12, 2018.

When most people think of dangerous weather, they think of hurricanes, tornadoes, and catastrophic floods. Many people don't realize that winter weather auto accidents kill more people in the United States each year than any other weather hazard...

Winter weather auto accidents in Myrtle Beach, SC are not the ever-present danger that they might be in colder, northern states. But, when winter weather strikes the Grand Strand, it can be more dangerous than the cold winter states because:

SC residents are not used to dangerous cold weather conditions and may not have the skills or experience to drive safely in cold weather;
Most vehicles in SC are not equipped with cold weather gear like snow tires, and it's not efficient to buy cold weather equipment that you may only need a few weeks out of the year; and
Local governments in SC do not keep enough cold weather equipment on hand like snow plows and equipment to salt the roads quickly. It's just not efficient to keep a fleet of snow plows on hand that may or not be needed a few weeks out of the year.

Below, I will discuss the types of road hazards that may cause winter weather auto accidents in Myrtle Beach, how to determine who is at fault in a winter weather auto accident, and how to avoid winter weather auto accidents.

What is a Temporary Hearing in SC Family Court?

On behalf of Axelrod & Associates, P.A. posted in Divorce on Friday, November 9, 2018.

You've separated from your spouse, and you know that you may be headed for a divorce.

Although you've scheduled a meeting with your attorney on the Axelrod team, you may be feeling overwhelmed by questions about who will live in the family home, custody of your children, visitation, and other pressing issues that need to be resolved quickly.

You know that these questions are not going to wait for a final divorce hearing - is there a way to resolve them immediately? Can you get a temporary hearing in SC family court, how long will that take, and what is the process for a temporary hearing in SC?

Below, I'll discuss how the family court can help to settle common issues temporarily while your divorce action is pending, what happens at a temporary hearing in SC, and how to prepare for your temporary hearing.

What Crimes are Eligible for Probation in SC?

On behalf of Axelrod & Associates, P.A. posted in Criminal Defense News on Wednesday, October 31, 2018.

I did it. They've got me on videotape, and I just want to get probation... Hold on, what crimes are eligible for probation in SC?

And, do I really want to be on probation?

Although probation is a legitimate goal for some of our clients who are charged with crimes in SC, there are many questions you will need to answer with your attorney's help before you make that decision.

For example:

What crimes are eligible for probation in SC?
Is my prosecutor willing to offer probation in my case?
Has my criminal defense lawyer seen all the evidence that the prosecutor will use against me?
Has my defense lawyer done an independent investigation including interviewing my witnesses?
Is it possible to get my case dismissed, get into a pretrial diversion program, or win my case at trial?
If I'm put on probation, can I finish probation or am I likely to get revoked and sent to prison?

Once I have discussed all these questions and more with my defense attorney, then we can decide whether we will accept an offer of probation, negotiate for a different outcome, or take my case to trial...

Can I Be Fired for Filing a Workers' Compensation Claim in SC?

On behalf of Axelrod & Associates, P.A. posted in Workers' Compensation on Wednesday, October 31, 2018.

My employer and their workers' compensation insurance company may not like it if I file a workers' comp claim - but, can I be fired for filing a workers' compensation claim in SC?

If you are hurt on the job and you don't file a workers' comp claim, you will lose your right to compensation for your injury - you cannot sue your employer and they have no other obligation to help you.

In exchange for taking away your right to sue your employer for injuries, the SC legislature requires that your employer provide workers' compensation insurance for on-the-job injuries. Despite this, some employers may try to game the system at your expense by firing you when you have been hurt on the job.

If that happens, your employer has broken the law, you are still entitled to compensation, and you may have an additional claim against your employer for the wrongful termination...

Speeding can quickly lead to injury

On behalf of Axelrod & Associates, P.A. on Friday, October 26, 2018.

Drivers in South Carolina usually acknowledge that things like drunk driving, looking at a cell phone behind the wheel and driving while drowsy are all dangerous. However, with a social emphasis on getting from point A to point B as quickly as possible, do people feel the same way about speeding? According to research, they do not.

Speeding is a serious problem that few people are taking seriously. This means that even though you are a safe driver who adheres to the posted speed limit, negligent drivers are still putting you at risk.

What are the Grounds for Divorce in SC?

On behalf of Axelrod & Associates, P.A. posted in Divorce on Tuesday, October 23, 2018.

If you are considering separation or divorce in SC, the first question you may have is how do I get a divorce? You can't just say "I want a divorce" - you must have a valid reason for the divorce. What are the grounds for divorce in SC?

SC Code Section 20-3-10 lists the grounds for divorce in SC - there are five. You can only get a SC divorce if:

You have lived separate and apart for a full year;
Your spouse has deserted you for at least one year;
Your spouse has committed adultery;
Your spouse is habitually drunk or addicted to drugs; or
Your spouse has subjected you to physical cruelty.

Below we will look at each of the grounds for divorce in SC, when they apply, and what they mean.

How Can I Avoid Trucking Accidents?

On behalf of Axelrod & Associates, P.A. posted in Trucking Accidents on Tuesday, October 23, 2018.

One of my biggest fears on the highway is an eighteen-wheeler crashing into my car with the kids in the back seat. If you've ever seen an eighteen-wheeler overturned on the side of the road or the devastation caused when a truck collides with a passenger car, you know what I mean...

How can we avoid trucking accidents?

There are times when there is nothing an automobile driver can do to avoid a big truck barreling towards them. Sometimes, there is nothing the truck driver can do to avoid a passenger car making an illegal turn in front of them.

But, there are steps that truck drivers, trucking companies, and motorists can take to minimize the danger of big rigs on the highway.

Can You Have Inconsistent Defenses to Assault Charges?

On behalf of Axelrod & Associates, P.A. posted in Criminal Defense News on Monday, October 22, 2018.

In State v. White, decided last week, the SC Court of Appeals reversed a conviction for assault and battery of a high and aggravated nature and possession of a weapon during the commission of a violent crime, because the trial court refused to give jury instructions on two inconsistent defenses to assault charges.

Defenses to assault charges in SC include self-defense and the defense of accident, but can both defenses be true? Self-defense is an intentional act, while accident is necessarily unintentional...

The Court of Appeals held that, where there is evidence that supports both defenses, the trial court must instruct the jurors that they can acquit the defendant based on either defense.

Your right to be safe at Halloween

On behalf of Axelrod & Associates, P.A. on Monday, October 15, 2018.

When October rolls around, you may hear many people exclaim that it is their favorite time of year. In fact, you may be among those for whom Halloween falls second only to the Christmas holidays on your list of favorites. No one enjoys a haunted house or spooky lawn decorations as much as you, and you look forward to taking your children trick-or-treating so you can see some of the elaborate themes in your neighborhood.

When your neighbors decorate for Halloween, by law, they have a responsibility to make their properties reasonably safe for visitors. On trick-or-treat night, you are a visitor, and South Carolina law will likely see those enticing decorations as an implicit invitation to enter the property. A homeowner who does not take precautions to protect you from injury may be liable for any accidents.

When Does an Auto Accident Become a Criminal Offense?

On behalf of Axelrod & Associates, P.A. posted in Motor Vehicle Accidents on Thursday, October 11, 2018.

Another driver crashes into you at an intersection when you had the right-of-way... you survive, and when you get out of the hospital you talk to an auto accident attorney who will help you to get full and fair compensation for the injuries that the careless driver caused...

The other driver was negligent, and that is why they must pay for the damages they caused. But, what happens if they intentionally caused the accident, or if they were criminally negligent?

When does an auto accident become a criminal offense, and how does that affect your recovery if you are the accident victim?