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Welcome to Poliakoff & Associates, P.A. We are one of South Carolina's most respected personal injury law firms. We invite you to explore our website to learn about our proven track record of success and how we can help you with your major accident or injury case. Poliakoff & Associates, P.A. carefully screen each case before assigning it to a team selected for its relevant expertise. The Firm employs experienced paralegals with diverse backgrounds and expertise.

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Largest Settlement in S.C. in 2005 – 42 Million Largest Nursing Home Jury Award in County 1.05 Million Highest Jury Award in S.C. in 2004 – 15 Million *Any result achieved on behalf of a client in one matter does not necessarily indicate similar results can be obtained for other clients. * Prior results should not be interpreted to create expectations in a different matter. * All cases have differing specific factual and legal circumstances.

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Author Archives: interns

Ahead of ELD rule, false driver log violations rise

By: William B. Cassidy, Senior Editor, Source: JOC.com, Originally Published: 11.27.17

An 11.5 percent increase in citations for falsifying driver logs and a 14.8 percent jump in the number of drivers put out of service for falsifying logs in the last fiscal year underscore why federal regulators are mandating a switch to electronic logging devices (ELDs) on Dec. 18.

The latest roadside inspection data also show that while the number of driver roadside inspections and violations rose less than 1 percent, the number of violations that merited an out-of-service order rose 4.5 percent in fiscal 2017 to the highest level in four years.

Truck Companies Use Shell Companies and Bankruptcy to Dodge Judgments

By: Bryan M. Roberts, Stark & Stark; Source: The National Law Review; Originally Published: 11.20.17

A USA Today Network investigation revealed that some port trucking companies have used legal loopholes, shell companies, and bankruptcies to escape judgments by labor court judges. The ongoing investigation reveals that some port trucking companies serving top retailers use such tactics to take advantage of drivers.

The investigation examined California labor commissioner and court cases filed by more than 1,100 port truck drivers. Of the almost 60 companies found to have violated the law, at least 12 have avoided the judgments against them by shifting assets into new business names. Some delayed paying and filed for bankruptcy protection or pressured drivers to accept settlements.

For example, in 2015, a hearing officer for the California labor commissioner concluded that Fargo Trucking failed to pay overtime and improperly charged drivers for truck expenses, ordering Fargo to pay its drivers $8.7 million for violating state labor laws.

Keystone Pipeline Leaks More Than 200,000 Gallons of Oil in South Dakota

 By: Adam K. Raymond, Source: NY Mag, Originally Published: 11.16.17

The Keystone pipeline, which carries oil from Alberta, Canada, to the Gulf of Mexico, was shutdown Thursday after it leaked 210,000 gallons of oil in South Dakota, operator TransCanada said.

The leak was discovered at 6 a.m. Thursday on a stretch of the pipeline passing through a rural part of the state outside of Amherst. Cleanup crews are reportedly at work, and state officials say they don’t think the oil has reached any waterways or drinking water systems.

Former Coal Executive With Shoddy Safety Record Will Lead Mine Safety Agency

By: Adam K. Raymond, Source: NY Mag, Originally Published: 11.15.17

The Senate Wednesday confirmed a former coal executive with a dismal safety record to lead the government’s top agency regulating mine safety. President Trump’s nomination of David Zatezalo, former CEO of Kentucky-based Rhino Resources, was approved by a party-line vote of 52-48.

Zatezalo will bring an unconventional perspective to the Mine Health and Safety Administration (MSHA) after serving as a top executive at a company hit with two “pattern of violations” citations by the agency. That specific sanction is a rarely used tool that former MSHA head Joe Main began wielding in 2010 after the Upper Big Branch Mine disaster killed 29 people.

South Carolina to Stop Jailing Poor People for Unpaid Traffic Tickets

By: Eric Levits, Source: NY Mag, Originally Published: 11.9.17

In the United States, many municipalities rely on fines from traffic violations and other misdemeanors to fund basic government services. The upside of this means of revenue generation, from a political perspective, is that it’s invisible to most voters, and painless for rich people (who are often campaign donors).

But the policy’s downsides are considerable.

For one thing, you generally need to milk those fines from the most disempowered community in your area (any police chief who aggressively cracks down on every little misdemeanor rich, well-connected people commit won’t be in office for long). But the thing about disempowered people is, they don’t have a lot of money. So it can be a real hassle to get them to pay up. And then, if they wish to contest their fine in court, you’ve got to provide them with an attorney. Pretty soon, you’re spending more on collecting the fines than they’re even worth.

We May Be Severely Underestimating the Number of Car Fatalities Caused by Cell Phones

By: Paris Martineau, Source: NYmag.com, Originally Published: 10.17.17

It’s a pretty self-evident fact that cell-phone use makes you a crappy driver. But the consequences of that crappy driving are still murky: According to a recent report by Bloomberg, what we think we know about our cell-phone usage behind the wheel is wildly inaccurate, and that’s a serious problem.

The National Highway Transportation Safety Administration keeps a running tally of all of the vehicular-related fatalities that occur each year in the U.S., and it’s from that information that lawmakers, journalists, and activists decide where to focus their energies. Bloomberg’s report found that the NHTSA’s data set is severely underreporting one major cause of road fatalities: cell-phone usage.

Courts Sidestep the Law, and South Carolina’s Poor Go to Jail

By: Timothy Williams, Source: NY Times, Originally Published: October 12, 2017

 SUMTER, S.C. — Larry Marsh has a history of mental illness and drug addiction. Homeless, he has no place to go. The police in this city have arrested or cited him more than 270 times for trespassing. In December, they got him four times in one day.

For this misdemeanor offense, Mr. Marsh, 58, has repeatedly served time in jail, and was even sent to prison. Not once has he had a lawyer.

Being represented by a lawyer is a fundamental right, enshrined in the Sixth Amendment and affirmed by the Supreme Court, which has ruled that anyone facing imprisonment, even for a minor offense, is entitled to legal counsel. But the promise has been a fragile one, with repeated complaints that people without means are stuck with lawyers who are incompetent, underfunded or grossly overworked.

Deadly crashes spur calls for tractor-trailer side guards

By: Mary Esch Associated Press, Source: The Sentinel, Originally Published: 7.30.17

Fifty years after actress Jayne Mansfield died in a Buick that slammed underneath a tractor-trailer, auto safety advocates say regulations inspired by that gruesome crash need updating to prevent hundreds of similar deaths annually.

“We’re asking Congress to pass a bill that would mandate comprehensive underride protection, not only on tractor-trailers but on single-unit trucks,” such as dump trucks, said Marianne Karth, who lost two teenage daughters, AnnaLeah and Mary, when her Crown Victoria crashed beneath a tractor-trailer in Georgia in 2013.

After two cars skidded under a jackknifed milk tanker truck in northern New York on July 6, killing four people, U.S. Sen. Charles Schumer called on federal regulators to order big trucks to be equipped with side guards that would prevent cars from sliding beneath them in a crash.

Michigan Officials Charged with Involuntary Manslaughter in Flint Water Crisis

Michigan’s attorney general said officials failed to act to stop the Flint water crisis, leading to at least one death.

By: Adolfo Flores, Source: Buzzfeed, Originally Published: 6.14.17

The head of Michigan’s health department and four other officials were charged Wednesday with involuntary manslaughter for their alleged failure to act in the Flint water crisis, which prosecutors say led to the death of an 85-year-old man who had Legionnaires’ disease.

Nick Lyon, director of the Michigan Department of Health and Human Services (MDHHS), was the highest-ranking official to be charged. The others include former Flint Emergency Manager Darnell Earley, former City of Flint Water Department Manager Howard Croft, the state Department of Environmental Quality Drinking Water’s chief, Liane Shekter-Smith, and Water Supervisor Stephen Busch. They all face up to 15 years in prison, as well as a $7,500 fine, if convicted.

“The health crisis in Flint has created a trust crisis for Michigan government, exposing a serious lack of confidence in leaders who accept responsibility and solve problems,” state Attorney General Bill Schuette said at a news conference.

 

Opioid Epidemic Leads to Increase in Trucking Accidents

By: Melanie J. VanOverloop, Source: The Legal Examiner, Originally Published: 6.19.17

Opioids are a class of highly addictive substances which are often prescribed for pain relief.  An individual taking an opioid can have slower reaction times, reduced coordination, blurred vision and drowsiness – all side effects that can impair a person’s ability to operate a vehicle safely. Currently, almost half of the nation’s truck drivers are over 50. Decades of sitting behind the wheel of a truck for extended periods of time can lead to back pain, joint pain, arthritis and many other medical conditions for which opioids are often prescribed. Although federal regulations prohibit drivers from using opioids and driving unless a doctor has advised them to do so, some drivers do not disclose their opioid use. The combination of opioids and the operation of a motor vehicle – particularly a commercial vehicle like an 18-wheeler – can be catastrophic.