Joe and Martin are ready to assist you with personal injury claims and lawsuits that may stem from a variety of accidents.

Rear End Accident

Who is at fault for a rear-end collision?

Who is at fault for a rear-end collision?

When you think of who is at fault for a rear-end collision, you normally think that it is the car behind you that is at fault. While this is most likely the case, it is not always 100% true. The circumstances of the accident will end up determining who is truly at-fault. Sometimes the car in front can be considered responsible. If you or a loved one has been involved in an accident, it is important to speak with an attorney. An attorney can help establish liability, but also ensure that the other party does not try to hold you accountable for something that wasn’t your fault.
At times, the front diver can be at-fault. This is because that driver could have hit their brakes suddenly which did not give the car behind them enough time to stop. Generally, the rear driver should be following far enough behind to avoid a rear-end collision. But sometimes, at high speeds, if the car in front does stop without warning, there isn’t a distance that is far enough to avoid it. The front driver could also have burned out brake lights – this would also leave them at-fault.
Road hazards can play a role in determining who is at-fault too. Say you hit a pothole and you end up losing control and hit another vehicle or another vehicle could hit you. In this situation, it isn’t your fault or the other drivers –  it is instead the fault of whoever maintains the road. The maintainer would then be responsible for any damages that result from that accident.
If you or a loved one has suffered a car accident injury and have been thinking about filing a claim, Joe and Martin can help you. Call us at (843) 357-8888 to discuss your rights and legal options during a FREE, comprehensive case evaluation.

Road Conditions Accidents

When Road Conditions Cause Accidents, Who is at Fault?

When road conditions cause an accident, who is at fault?

Poor road conditions can lead to devastating accidents.Determining who is liable for these damages is not always an easy task. You must prove that the road conditions were unsafe and that the government agency or third party responsible for the road conditions was negligent.
Who is responsible for the road maintenance?
The city, county, or state typically maintains the roads. Some private roads are maintained by the homeowners. There are different responsibilities that go to different agencies – sometimes multiple agencies. For example, the state could be responsible for potholes and paving roads, but the city is responsible for plowing and de-icing.
How do you prove negligence? 
Once you figure out who was responsible for maintaining the road, you must prove that they were negligent. This means that the responsible party had plenty of time to repair the road but failed to do it. For example, the city had to cut back on funding for repairs which caused the road to deteriorate. If the accident happened because of this, they could be negligent.
If you or a loved one has suffered from a road condition related accident and have been thinking about filing a claim, Joe and Martin can help you. Call us at (843) 357-8888 to discuss your rights and legal options during a FREE, comprehensive case evaluation.

Why Should You Hire a Personal Injury Lawyer

If you have been involved in a car accident that has resulted in a personal injury or monetary loss because of it, you should hire a personal injury lawyer. While you could file your own personal injury claim against an insurance company yourself, they could try to reduce compensation and deny your claim. A personal injury attorney can help you combat an auto insurance company and their lawyers. They can effectively handle the legal work for you and act as your advocate through the duration of your case.
Now that you’ve decided that you want to hire a personal injury lawyer, here’s a few tips to use so that you hire the RIGHT personal injury attorney:

  1. Find an attorney that specializes in your type of case -There are many different areas of personal injury lawyers. Make sure you choose one that focuses on the area you’re dealing with like an auto accident or a slip and fall.
  2. Research the attorney’s reputation – see what others have to say about the lawyer online and if you can, directly from other clients.
  3. Ask about the attorney’s case load – you don’t want someone who isn’t dedicated to your case because they are spread out to thin.

Safe Driving Tips for Cars with Motorcycles on the Road

More than 4,956 motorcyclists were killed in 2015 according to the National Highway Traffic Safety Administration. With a sizeable increase in the number of motorcycles on the road in recent years, drivers must practice safer driving while sharing the road. Here are three things you can do to help keep the motorcyclists safe as well as yourself:
#1 –  Check your blind spots
Not checking your blind spots is the number one reason for accidents involving motor vehicles. Because motorcycles are smaller than most vehicles on the road they can be harder to spot while changing lanes. Looking for larger cars is your first instinct, but a motorcycle and the rider tend to blend in and make them harder to spot. Take your time when changing lanes and pay special attention to your blind spots.
#2 –  Give them the whole lane
Although motorcycles take up less space than a car, they are still legally allowed to have their own lane of traffic. You must move completely into the next lane to pass. There is no reason to pass in the same lane as a motorcycle, even if it looks like there is enough room. Sharing a lane is an accident waiting to happen and it could be your fault.
#3 –  Treat motorcycle turn signals with extra caution
Cars have self-cancelling turn signals, but many motorcycles on the road don’t. So that means if you notice that a motorcycle is driving with their turn signal active for a long distance, increase the distance between the two of you to ensure you have enough time to react when they do turn.

Symptoms and Side-Effects of Whiplash

There are several common causes of whiplash: car or cycling accidents, falls from horseback riding, contact sports or other falls and accidents in which the head jerks back violently.  How do you know if you have whiplash? If you have been in an accident like those listed you may have neck pain, headaches at the base of you neck, dizziness and blurred vision.  Some treatments for whiplash like aspirin and physical therapy may help ease the pain within a few weeks.  Some instances of whiplash last up to three months.  In any case, seek medical attention to be sure of a proper diagnosis and treatment. If you have been injured and suffer from whiplash, we may be able to help you.  Call today for a free consultation (843) 357-8888 or visit joeandmartin.com.

A Guide to Stop Distracted Driving

In today’s fast-paced world. we are faced with distracted driving daily. With as many billboards as there are advising us to not become distracted and drive at the same time, most of us are familiar with the concept at this point. But did you know that there are actually several different types of this offense that can be committed? Understandably, cell phones take most of the heat on the topic of distracted driving, but they’re not the only kind.

Manual Distractions 
Manual Distractions quite literally encompass any action that requires one or both hands being removed from the steering wheel. Cell phones are a given, but think about all the other things we do in the car that require our hands? Fixing your make-up, adjusting the radio, eating, or even reaching for something in the back seat. These tasks seem innocent, but they can be distracting and the defense won’t let up if they find out you were preoccupied while operating your vehicle. Parents are especially susceptible here because of all the many ways they must tend to the needs of their children in a vehicle.

Visual Distractions
Visual distractions can generally be defined as anything that causes you to take your eyes off the road. For instance, looking in the back seat, a glove compartment, or the center console are all examples of visual distractions. An example we’re all guilty of would be checking out accidents, emergency vehicles, or hazards on the side of the road. Regardless of how attractive the stimulus is, these distractions cause us to lose focus and potentially harm ourselves and others.

Cognitive Distractions
Cognitive distractions are described as a loss of focus when driving. Sleepiness or “zoning out” are common while operating a vehicle, especially on long or late drives. Cognitive distractions are hard to prove because it’s difficult to show what a driver was focused on just prior to an accident, but they are dangerous nonetheless.
At Joe and Martin Injury Attorneys, we work hard to help you receive the compensation you deserve if you have been injured in an accident caused by a distracted driver. An experienced injury lawyer who cares about your case can help you make sense of your accident.

Call us today at (843)357-8888 or visit JoeAndMartin.com/contact for a free consultation.

Pedestrians: Pay Attention!

An alarming number of pedestrian fatalities occur each year.  Between 2015 and 2016, the number of pedestrian deaths rose from 57 to 66 in South Carolina according to the Governors Highway Safety Association. Sadly, some pedestrian fatalities could be avoided if pedestrians were alert and aware of their surroundings when walking. A few pieces of advice to remember while you are walking could save your life:

  • Unless you are stopped and standing a safe distance away from the street, put your phone away so this won’t be a distraction for you.
  • Always walk in crosswalks after the sign indicates it is safe to do so, but remember to look before you cross as well.
  • Walking while under the influence is also a factor in fatalities. Take an Uber or Lyft or have a sober  friend drive you home rather than walking after drinking.
  • If you are listening to music, be sure that the volume is low enough to still hear what’s going on around you.

Be safe and pay attention, pedestrians! Take safety while walking into your own hands (or feet!).

Selfie Photo

Selfies, Statuses, and How Social Media Can Undercut Your Personal Injury Claim

Some pieces off advice bear repeating again and again… and again. One of them is about being careful about what you post on social media. This guidance typically gets brought up as it relates to job hunting or family matters, but it’s just as paramount in personal injury cases.
It’s important to understand that if there is evidence that undermines your personal injury claim — it can be and very likely will be used against you. That’s why a status update, message to friends, and even selfies need to be submitted with absolute scrutiny so that insurance companies or defense attorneys don’t use them to their advantage.
In the case of personal injury, it’s typical to file claims asking for compensation for medical bills or for the suffering caused by the physical injury. Social media can threaten these claims. For instance, imagine you’ve filed a claim for a serious injury caused to you because of being rear-ended in your car. A posted photo of you at the beach can be taken out of context to show you are faking your injury. This is exactly the sort of evidence that may sway a jury’s opinion — leaving you without compensation for medical bills, inconveniences caused by pain, and psychological distress.
Many people believe they have a greater entitlement to privacy than they do. The hard truth is, just about anything you send, submit, post, or share is up for grabs to create a defense against you. Insurance companies and defense attorneys will use whatever they can to poke holes in your claim. Just because your messages to your friends are private to you, doesn’t mean it can’t be used against you.
Fortunately, there are steps that can be taken after a personal injury accident. We suggest converting all social media accounts to private to at least narrow down the audience of who sees what you share. Second, examine very, very carefully what you decide to post before you post it. Does it insinuate you’re healthy and happy, despite making a personal injury claim arguing you’re not? Then don’t post it. The same goes with your family and friends. Kindly ask them to refrain from positing about you for the time being. It’s not easy removing ourselves from the social media sphere temporarily, but respecting the process of winning a personal injury claim is well worth it in the end.

Construction Accidents

Workers’ Compensation: How your work can work for you

Accidents can happen anywhere, even the places we feel safest. One of our safe places is the workplace, but injuries happen there too and they can be life-altering. If you’ve been injured in your workplace, ensure your rights are protected by reaching out to Joe and Martin Injury Attorneys.
Because injuries and even fatalities can happen at work, employers offer workers’ compensation to help injured employees on the job. It’s important to understand what the general benefits of workers’ compensation are in case you’ve been injured.
Compensation for medical bills:
Workers’ compensation covers doctor visits, medications, physical therapy, surgeries, and various other hospital needs up to a certain amount.
Vocational rehabilitation:
Vocation rehabilitation is a process that helps people with injuries, disabilities, or impairments to overcome difficulties with work due to injury.
Disability benefits:
Compensation given in case your accident caused permanent impairment.
Compensation for lost pay:
Supplemental pay that is given to you at 2/3 of your wage rate for the time you were unable to work due to your injury.
Workers may have a third-party claim they can bring against other individuals or products that are responsible to the accident.
These complexities evidence the importance of having competent legal representation if you’ve been injured on the job. If you’ve been hurt at work, reach out to us so we can make sure you are being treated fairly.

Tips for Meeting with a Doctor After an Accident 


Tell the truth and be cooperative, anything that wastes time is time lost that could be spent on you getting better after an accident.  Work with your doctor to determine the cause of pain after injury – remember, you should mention all ailments, physical and mental, so your doctor can determine the best way to treat your injuries.
If an examination becomes painful, tell your doctor that you do not want to continue that part of your consultation due to pain. Inform your doctor about any activities you can no longer perform or restrictions in movement. Even small annoyances can become lifelong problems.  Remembering these guidelines will help make your appointment run smoothly and should legal counsel need any information, your doctor will have made a thorough evaluation of your injuries and ailments.

If you have been injured in an auto accident, call Joe and Martin for your free consultation.