This latest incident happened yesterday in Lugoff, SC near Columbia. The bus had 46 people on board – most of them soccer players. Reports indicate the radiator failed and students described a hot liquid coming down the aisle. Several had to be treated for burns including one who ended up at the Augusta Burn Center. Take a look at the video linked below. Then check back to our website for more information on this…and other, similar cases.
<blockquote class="embedly-card" data-card-key="dc92d9a65ec342c8b5b56b267e7a1de2" data-card-type="article-full"><h4><a href="http://www.wistv.com/clip/13139538/the-smoke-was-coming-6-white-knoll-soccer-players-injured-in-bus-incident">'The smoke was coming': 6 White Knoll soccer players injured in bus incident</a></h4><p>(null)</p></blockquote><!-- [et_pb_line_break_holder] --><script async src="//cdn.embedly.com/widgets/platform.js" charset="UTF-8"></script>
We have got to stop our children being at risk for this kind of injury. We have had several similar cases in North Carolina. But the laws in North Carolina do not allow for a legal case against Thomas Built, the bus manufacturer, to go forward. However, South Carolina law is different and a case there could hold Thomas Built accountable and prevent other kids – in any part of the country – from being burned.
If you or someone you know has been injured in an incident similar to this, please feel free to contact us at 704-296-0055 or simply complete the “Contact Us” form on this website.
Is Your Student Safe on the Bus with No Seat Belts?
South Carolina may soon require all school buses to have seat belts. This has been an ongoing debate across the country for years. But legislators in the Palmetto State appear to be making it a priority in their legislative session which began just recently.
Three bills mandating seat belts in full size school buses have been introduced as well as one bill to update the school bus fleet. Rep. Gary Clary, from Clemson, SC, said he was inspired by a third grade class he met with. Two of the students, he said, asked why there are no seat belts on their buses and what could be done about it. “When you see things through the eyes of children, your perspective is changed.”
A recent bus crash in Tennessee strengthened his resolve to get it passed. In mid-November 2016, a school crashed on a curve in Chattanooga, killing six children. Police say the bus was travelling at 50 mph in a 30mph zone. The driver now faces multiple criminal charges.
In North Carolina, 1% of school buses have seat belts. But there is a state-wide initiative to change that. Thirteen counties are part of a new, pilot program placing seat belts in buses – mostly for elementary and special needs buses. As older buses are replaced, the new ones will have seat belts.
The South Carolina bill would mandate lap and shoulder belts in school buses. But there are lots of questions surrounding the proposal that could slow or stop the effort:
The added expense of seat belts
The expenses of retrofitting existing buses
Who will make sure the children are securely fastened
Who will help remove the seatbelts in the event of an emergency evacuation
Think you don’t have a chance in court… just because you’re disabled? Think again. Pre-existing disabilities don’t keep you out of the courtroom if you’ve been injured through no fault of your own. It’s not easy… but it can be done. Here are some examples of success.
In Mecklenburg County last year, a woman sued a driver after automobile collision. The 49-year-old woman had a long and significant medical history including a diagnosis of multiple sclerosis. While driving on I-85, she was rear-ended by another driver. She complained of injuries to her neck, back and right ankle. But her medical history also showed she had previously suffered from neck and back pain and a fractured ankle. To make matters worse, her neurosurgeon had twice had his medical license suspended. The driver that hit her admitted to negligence causing the collision but denied causing any injuries. Due to her pre-existing conditions, without going to trial, the case was negotiated and settled for $25,000.
A 35-year-old man living in the North Carolina mountains had always struggled. He suffered from mental health issues including PTSD. Even so, he rode a motor scooter every day to his job at a grocery store – a ride that took 1 ½ hours each way. But one trip changed his life even more when he was struck by a car. He was hospitalized for three weeks, in a rehab facility for five months, and then had to move to an assisted living facility. In a lawsuit, the driver who hit him tried to claim that the psychological effects from the collision were because he was already susceptible due to his pre-existing mental condition. Despite credible, expert witnesses on both sides of the case, the jury returned a verdict of $775,000.
In Wilson, NC, a 47-year-old man had long lived with pain. He had a history of herniated discs, among other things, with pain regularly radiating down his right leg. He was disabled and on restricted duty at work – sitting 85% of the time and no lifting. One afternoon, his vehicle was struck by a truck; he had to stop in a travel lane but the truck did not stop. Despite his previous medical conditions that left him partially disabled, the case was resolved pre-trial for $36,900.
If you or a loved one are disabled and think you’ve been wronged, please consider us a resource. We’re happy to review the circumstances with you and help you be compensated for the losses that you have sustained. You can call the Law Offices of William K. Goldfarb at 704-296-0055 or simply complete the “Contact Us” form on this website.. And there is no fee for the initial consultation.
In our interactions with the disabled, we frequently hear comments about how able-bodied people often seem to feel uncomfortable around them. People don’t know how to act, react or interact. So we thought it would be a good idea to provide some education on disability etiquette – courtesy of the United Cerebral Palsy Association. Their top 10 tips:
When talking with a disabled person, speak directly to him rather than through a companion.
When introduced to a disabled person, it is appropriate to offer to shake hands. And shaking with the left hand, if necessary, is appropriate.
When meeting a visually impaired person, always identify yourself. If in a group conversation, identify others who are speaking.
If you offer assistance, wait until the offer is accepted. Then ask and listen to instructions.
Treat adults as adults. Address them using their first names and don’t patronize by patting on the head or shoulder.
Leaning on or hanging on someone’s wheelchair is similar to leaning on or hanging onto a person. It’s generally considered annoying.
Listen attentively when talking with a person who has difficulty speaking. Be patient and wait for the person to finish. Ask short questions that require short answers. If you don’t understand, repeat it back and allow the person to respond.
When speaking with a person in a wheelchair, place yourself at eye level to help with a comfortable conversation.
To get the attention of a person who is deaf, gently tap his shoulder or wave your hand. Speak while looking directly at the person to determine if he can read your lips.
Relax! Don’t be nervous or afraid of doing the wrong thing. And if you’re unsure of what to do, ask.
We hope you find these tips helpful. And if you or your loved one are disabled and you suspect abuse or neglect, The Law Offices of William K. Goldfarb is your resource. Feel free to contact us if you need help or just have a question. You can call us at 704-296-0055 or us through this website on the “Contact Us” page.
Robert’s Story:
Does he have a legal case with a disability?
Recently, we’ve been sharing information with you about the challenges and burdens of not only having a disability but also caring for someone with a disability. Today, we’d like to share with you the story of Robert. Although that’s not his real name, his story is real. And it should give us all pause.
Robert’s birth was a joy and a gift from God to his parents. He was a chubby, bundle of joy and his mom and dad couldn’t believe how blessed they were to have him in their lives. But as the months passed, his parents noticed some anomalies…. little things that they dismissed at first but that gradually grew to worry them. Robert was eventually diagnosed with autism or more precisely Autism Spectrum Disorder.
Autism Spectrum Disorder occurs more frequently in boys than girls. It impacts the nervous system and the range and severity of symptoms can vary widely. But the common symptoms are difficulty with communication, difficulty with social interactions, obsessive interests and repetitive behaviors.
Fast forward a couple of decades. Robert is now 24 years old. He lives at home with his parents and siblings. He doesn’t have the capacity to live independently and requires at least partial physical assistance, sometimes full assistance. Robert is also relatively uncommunicative. He does have a communication device to help him but for the most part he is unable to use words to express himself.
Over time, Robert developed a love for walking. His favorite route was to a nearby Walmart. He also attended a day program that offered various therapies designed to help him with everyday life. But about a year ago, Robert was struck by a car. He suffered no broken bones but the event itself was traumatic. Now Robert rarely leaves home during the day – sometimes refusing to even leave his room. He is easily frustrated and sometimes aggressive. When upset, Robert might bite his arm – a behavior that at one point left his arm with an infection that took a year to heal.
Doctors who have examined Robert feel the traumas have increased his anxiety level. While Robert has a good relationship with his family, he can be volatile – again, attributed to the trauma.
As a law firm, we are doing our best to help Robert and be of assistance to his family. Robert cannot help himself much and cannot communicate much detail about how he came to be struck by a car. That is one of the challenges in representing the handicapped and disabled and it is a challenge that we, The Law Offices of William K. Goldfarb, embrace. It has been a passion of Mr. Goldfarb’s for decades and led him into the practice of law.
If you have a loved one who is disabled physically or mentally, and if you suspect neglect or abuse, please consider us a resource. If you need help or just have a question, please reach out to us. You can call us at 704-296-0055 or simply submit your question through the “Contact Us” page on this website.
