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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.

SUCCESSFUL VERDICTS SUCCESSFUL VERDICTS

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.

AWARD WINNING AWARD WINNING

35 Years Successful Litigation, Leadership in Law Award – S.C. Lawyers Weekly Highest Jury Award in County History, Public Citizen Award – S.C. Trial Lawyers Double Board Certified in Civil Trial Advocacy Public Citizen Award – S.C. Jury Trial, Civil Pretrial Practice, NBTA Pro Bono Lawyer of the Year – S.C. Bar Assn., AV Rated by Martindale-Hubbell (highest available, Best Lawyers in America, Competence and Ethics South Carolina Super Lawyers The Bar Register of Pre-Eminent Lawyers

Category Archives:Uncategorized

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.

EPA May Scrap Limit on How Much Mercury Coal Plants Can Spew

By: Eric Levitz, Source: New York Magazine, Originally Published: 4.19.17

In 2012, the Environmental Protection Agency passed a rule limiting the amount of heavy metals that coal-fired power plants could spew into the air. The agency’s research suggested that the rule would prevent 11,000 deaths, 4,700 heart attacks, and 130,000 asthma attacks every year. These findings meant that, for every dollar spent on enforcing the new regulation, the public would enjoy up to $9 in avoided medical costs.

But the Obama administration’s coastal elites failed to understand that the forgotten men and women of America’s heartland actually want their children exposed to dangerous levels of mercury — if that’s what it takes to maximize energy companies’ profit margins. And so, many red states stood up for their constituents’ inalienable right to die from preventable asthma attacks, and sued the federal government over the EPA’s rule.

A question of care

By: Kirk Brown, Source: Independent Mail, Originally Published: March 2017

A review of 205 inspection reports, 63 lawsuits and 105 police reports dating to 2011 found that the quality of nursing homes in Anderson, Greenville, Oconee and Pickens counties varies widely. Although nursing homes here have, on average, fewer deficiencies than those around the nation, care is inconsistent, and when quality suffers patients can be put in danger. We found cases where residents were left outside in scorching summer heat, where drugs were left out without supervision and where care workers refused to perform basic duties such as changing adult diapers. We also discovered that the Upstate’s largest nursing home care provider was among those with the most deficiencies. All of these factors can make even more difficult what already are tough questions for those seeking nursing home care for elderly or infirm relatives.

EPA Chief Overrules Own Scientists, Declines to Ban Pesticide Linked to Fetal Damage

By: Eric Levitz, Source: New York Magazine, Originally Published: 3.30.17

In 2015, scientists at the Environmental Protection Agency advised the Obama administration to ban one of the nation’s most popular pesticides, chlorpyrifos, after concluding that the chemical impaired fetal brain and nervous-system development. Specifically, the children of farm workers exposed to heavy doses of the product appeared to suffer aberrantly high rates of learning, memory, and behavioral problems. The chemical had already been banned for indoor use, in 2001, due to similar concerns.

But Dow Chemical, which makes chlorpyrifos, wasn’t convinced. Nor were many farm groups that rely on the pesticide. And they began lobbying the Obama administration to reject the environmentalists’ supposed alarmism.

This Is How Neil Gorsuch Thinks

By: Roger Parloff, Source: NY Magazine, Originally Published: 3.14.17

“A trucker was stranded on the side of the road, late at night, in cold weather, and his trailer brakes were stuck,” wrote appeals court judge Neil Gorsuch, last August, in a dissenting opinion that is apt to come up at his confirmation hearings next week for the open seat on the U.S. Supreme Court.

“He called his company for help and someone there gave him two options,” Gorsuch continued. “He could drag the trailer carrying the company’s goods to its destination (an illegal and maybe sarcastically offered option). Or, he could sit and wait for help to arrive (a legal if unpleasant option). The trucker chose None of the Above, deciding instead to unhook the trailer and drive his truck to a gas station.”

About a week later, in January 2009, the employer, TransAm Trucking, fired the driver for insubordination. In January 2013, an administrative law judge ruled that the trucker’s termination had been illegal, under a federal law that protects employees who “refuse to operate” vehicles under unsafe conditions. In November 2014 that ruling was unanimously upheld by a three-member administrative review board of the U.S. Department of Labor and then, last August, by Gorsuch’s two colleagues on a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.