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Moncks Corner South Carolina Law Blog

The other person’s insurance denied the claim. What now?

At Beau Seaton Attorney at Law, we recognize that insurance companies in South Carolina have one primary goal. They need to pay out as few claims as possible for the lowest amounts they can to make a profit. Unfortunately, that does not coincide with a driver or pedestrian’s need for compensation so they can recover after an accident. As a result, even when the other driver is at fault, their insurance company may choose to deny your claim. What do you do now?

FindLaw points out that it is important to understand why the claim was denied. In some instances, the driver may tell another story to the insurance company which better suits both of their pockets. The driver’s premiums may not go up and the insurance company gets to hold on to its cash for a little longer.

Summer fun increases the temptation to drink before you drive

It's hard to imagine a more pleasant way to enjoy a hot South Carolina summer afternoon than by drinking a few cold ones with your friends. Unfortunately, if your drinking buddies aren't your neighbors, your desire to relax could end up creating legal complications. After all, you probably feel like you need to get home for the evening, and you likely don't want to leave your vehicle somewhere else.

Driving yourself home after a few drinks may seem like the most convenient thing to do, but it can end up costing a lot of problems. If you get pulled over, you will find yourself facing driving under the influence (DUI) charges. If you cause any kind of car crash or collision, even if your vehicle is the only vehicle involved, you will likely face criminal charges under South Carolina law.

How can I make joint custody work with my ex?

Divorced parents who share custody often have a tough time coming to terms on child-rearing. However, it's in the best interest of your children to do so, even when hurt feelings and resentment exist between you and your ex. If you need help developing a co-parenting schedule that works for all involved, Very Well Family offers the following advice. 

Don't focus solely on convenience

How can I avoid aggressive driving?

Driving in South Carolina can often be stressful, especially in certain situations. Driving stress can easily lead to aggression behind the wheel, which is commonly referred to as road rage. Preventing yourself from experiencing aggression while driving is key to ensuring a safe experience for you and your passengers. Geico offers the following information on road rage and explains how you can prevent it from occurring. 

The first step is to understand just what is meant by road rage. Aggressive driving entails many different behaviors, including gesturing angrily, honking, and yelling from your window. Some motorists begin driving aggressively as well, which can involve cutting off the other vehicle or tailgating. The situation may escalate even further if one vehicle makes contact with another or if a driver exits his or her vehicle to confront another motorist. Not only is this dangerous, it can also lead to serious legal issues for all involved and may also cause an increase in your current insurance rate.

The food you eat could impact your breath test results

If you're planning on going out to eat and driving home, make sure you know what's going into your food. Did you know that certain dishes contain enough alcohol that it can register on a Breathalyzer test? In addition to having one or two drinks with dinner, you may even end up being over the legal limit thanks to the food you've eaten.

Most people don't think about the food they're eating as a source of alcohol. There is a strong myth that all alcohol bakes off when cooked, but that couldn't be further from the truth. In reality, a good portion of the alcohol used to cook may remain, even after an hour or two of cooking a meal.

Hurt in a crash? Here's what you should know

It's never easy to deal with injuries that you've suffered as a result of another person's actions. You might have had many things planned for your future and now are unsure if you'll ever be able to do those things again.

It's the reality that a personal injury can derail your life immediately, but the goal of any personal injury attorney is to reduce the overall impact of the injuries on your life, particularly when dealing with your finances.

How worried should you be about large commercial trucks?

As a driver, you have to make frequent judgment calls in order to keep yourself safe on the road. One of the most critical determinations that you will make is likely judging the danger any individual vehicle poses to you.

You should, clearly, always be on the lookout for erratic driving, such as swerving, failing to maintain speed or drivers otherwise displaying some degree of difficulty in controlling their vehicles. However, you also need to understand that certain vehicles are by nature more dangerous than others.

South Carolina may strengthen distracted driving laws

Many South Carolina residents may be aware of the growing concern regarding distracted driving. While this term may apply to many actions, such as eating and grooming, that take a driver's focus away from the road, texting seems to be the most common culprit. Getting into a car accident is one of the biggest risks associated with distracted driving, but there may also be other consequences, such as fines and increased insurance rates.   

According to the South Carolina Department of Insurance, the accident statistics for South Carolina may indicate a serious problem. The state ranks seventh in the country for both negligent driving and speeding. In 2016, there were 1,015 fatalities from South Carolina traffic accidents. National data shows that cell phones figure in nearly two-thirds of all car accidents. Many people think that sending a single text is not a problem, but it takes an average of five seconds. If an individual is traveling on a highway, his or her eyes may be off the road for over 100 yards.

Detailing South Carolina's Drug Court program

The immediate consequences of drug-related arrest in Monck's Corner can be difficult to deal with. Unfortunately, the long-term effects can be just as challenging. Having a past drug arrest on one's public record can limit their opportunities to exercise certain civil rights, get a job and even qualify for housing. Those facing such charges, then, should look for every opportunity to mitigate the impact of their arrests. 

Fortunately, one may have the opportunity to participate in Drug Court. Entering into Drug Court requires that one plead guilty to the charges against them and request that they be considered for participation. If eligible, they must then commit to going through a structured process involving mandatory counseling sessions, court appearances, and random drug tests, all designed to help them overcome the issues (both addiction and non-addiction) that resulted in them being charged in the first place. A case manager is assigned to each participant to help monitor their individual progress. Per the South Carolina Legislature, both the state's First and Ninth judicial circuits (of which Dorchester, Berkley, and Charleston counties are part of) offer the option of Drug Court. 

Go from visitation to shared custody with a custody modification

The terms of your divorce come from the courts as a court order. The division of your assets, the allocation of parental responsibilities and rights, and the obligation to pay spousal or child support are all typically court orders. While that does mean that they are official and legally binding, that does not necessarily mean that those terms are permanent.

Especially in the case of both custody and support matters, the courts recognize that familial situations change over time. What may have been the best possible solution at the time of your divorce may not be appropriate anymore even six months later. Thankfully, you have the right under South Carolina law to request a modification of your custody arrangements after the courts finalize your divorce.

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