The central idea behind the theory of negligence is that people must exercise reasonable care when they act (any activity from driving your car to laying asphalt). This takes into account the fact that any act may cause the harm of another person. If an injured person proves that another person acted negligently, the action of which caused injury, the plaintiff may claim monetary damages.
Negligence cases are very fact specific, where the plaintiff has the burden of proving that the defendant’s accidental injury not only caused the harm, but was followed through in an unreasonable manner. Further, damages must be proven.
Now, where do we start? In South Carolina, the statute of limitations during which suit may be brought on the theory of negligence is three years. This means that if a period of three years has passed since the negligent act, suit may no longer be brought. Further, South Carolina uses the doctrine of modified comparative negligence to assign fault.
This system has two important aspects: (1) the injured party may recover only if he or she is less than 50 percent at fault; and (2) if the injured party was also negligent, the originally negligent party is only liable for the percentage of damages he or she caused.
Therefore, if the jury finds that a driver is 70 percent negligent and the other driver is 30 percent negligent, the person who is 30 percent negligent will collect 70 percent of his or her damages. Also, if either driver is more than 50 percent negligent, that driver will recover nothing.
If you or a loved one has been involved in an accident in South Carolina that may have been the result of someone’s negligence, contact the law offices of Reeves, Aiken & Hightower, LLP at 803-548-4444, or 877-374-5999.
According to the Fort Mill Police Department, two men went missing from the radar late Thursday night.
Rescue Crews then told the family members of one, that they found his body on Lake Haigler, off of U.S. 21. Apparently the two men were elderly, both in their late 60’s, and frequently went fishing together at the small Fort Mill Lake. They were known in the community as life-long best friends; after Thursday night, no one heard from either one again.
The rescue crews found the one body when they were called on the scene after an emergency crew spotted the overturned boat earlier this morning, around 2:00 a.m. When the emergency crews arrived, they also stated they found an empty car parked nearby.
The daughter of the one of the duo stated that she and her father ” may not have seen each other too often, but if she needed him, he was always there for her and her family.” Both families are in saddened terribly by this incident, which is still under pending investigation.
All that is currently know is that one body is found, an there was an overturned boat and an empty car nearby. More details will be released as further information is discovered.
What is odd is that the police describe this Haigler Lake as more of a pond near the heavily populated Ann Springs Close Greenway. At this point in time, there is no report of which man’s body was found.
The York County Sheriff’s office has it’s essential dive team assembled in searching for the second man with the assistance of thr South Carolina Department of Natural Resources.
Stories such as this sadden anyone at the core, whether you are personally involved or not. You should not have to go at this alone. Talk to your local attorney as more information if discovered, and if foul play is, then contact an attorney as soon as possible. If a crime has been committed, such as wrongful death, contact the law offices of Reeves, Aiken, and Hightower toll-free at 877-374-5999 for a free consultation on your options.
A pregnant woman and a child were recently killed after a boat collision on High Rock Lake in Davidson County. Officials report that a speedboat collided with the pontoon boat at around 12:30 p.m. Four people were present on each boat, and four of the people on the pontoon boat were all family members. The child who was killed was around 3 years old, and the pregnant woman was tragically ejected from the pontoon boat and had to be recovered by rescue crews.
Another man has suffered critical head injuries, and remains in the hospital. No one on the speed boat was injured. Police are investigating the accident. They report that excess speed of the boat may have been a factor. If speed does happen to be a factor in this case, the driver of the speed boat may be negligent by violating a speeding statute. Negligence per se occurs when (1) the defendant violated a statute; (2) the statute provides for a criminal penalty (not civil penalties) such as fines and imprisonment; (3) the act caused the king of harm the statute was designed to prevent, and (4) the plaintiff was a member of the statute’s protected class.
If you or a loved one has been injured in a automobile, boating, or any other collision, contact the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can reach us at our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
A boat caught fire in the early afternoon of Sept. 1 on Lake Wylie soon after the boat had been put on the water for a Labor Day cruise.Tega Cay Fire Department, one of several agencies responding to the fire, used its fire boat to extinguish the fire. A family was aboard, but luckily, all made it off of the boat safely.
The incident occurred about 30 feet off shore near Lake Club Marina and Ebenezer Park. Often times, boating accidents are due to high levels of intoxication in conjunction with driving a boat. Especially for boaters on Lake Wylie, the reports typically read that there was some sort of collision or disruption due to intoxication. People tend to forget that the same rules apply whether you are driving a boat, car, or any other motor vehicle; you may not be intoxicated as you operate.
However, in the case at hand, the situation is unique, as no one was appears to be at fault for the boat catching aflame.
The cause of the fire is still unknown, but the authorities are working diligently to investigate.
South Carolina Boating Accident Attorneys
Whatever type of boating accident you or your family may find themselves in, call the Criminal Defense offices of Reeves,Aiken, and Hightower,LLP. If you are stopped at a checkpoint or otherwise charged with a BUI , call us to review your options. Don’t think you are guilty just because you are arrested. We can help. Compare our lawyers’ credentials against any other firm. Then, hire the best Bui lawyer who you trust to fight for your case. Call us today for answers and alternatives to simply pleading guilty. 803-548-4444 or 877-374-5999 toll free.
Force Majeure clauses ( or Acts of God Clauses) are used in contracts to prevent someone from suffering if an intervening cause interrupts the person’s performance of the contract.
However, how can one protect themselves from natural disasters in other manners, particularly; how would one deal with rescuing a double amputee during a horrific thunderstorm turned deadly.
Accordingly, a pontoon boat capsized on Lake Moultrie in South Carolina this past Sunday, claiming the life of a still unidentified person. There were 6 people who were thrown from the boat, but only one fatality has been confirmed. The other 5 victims swam safely to the nearest dam and hold on until the Rescue Team arrived.
Sadly, the unidentified person drowned while attempting to rescue a double amputee who was a passenger of the pontoon boat, and also thrown from the ship during the storm.
According to Senior Meteorologist Kristina Pydynowski, she had given the locals a warning as she announced that “damaging winds and downpours are the greatest dangers from the powerful thunderstorms targeting far southeastern Virginia and the eastern Carolinas.”
It is a tragedy that one person heard the warning, but still mounted the pontoon boat, only to later drown while attempting to rescue one who could not rescue themselves.
The South Carolina Boating Accident Attorneys of Reeves, Aiken, and Hightower, LLP.
If you have been injured as a result of any type of boating accident, you should contact the experienced attorneys at Reeves, Aiken & Hightower LLP., to help you obtain the justice you deserve.For more information about our firm, please visit www.rjrlaw.com or call us directly at 877-374-5999 for a private consultation.
The Waccanaw River in South Carolina has claimed the life of one, and has seriously disrupted the life of another.Apparently this last Saturday, there was an accident involving a boat, a tree, and a couple of college kids.
According to the Department of Natural Resources Investigators, the investigation is still underway and will take weeks to figure out what exactly happened. All that is being released thus far is that the boat the three college kids were on collided with some trees sometime shortly before 7:00 p.m. Thereafter, one of the students was pronounced dead on scene, and the other two were taken to the hospital.
One father’s daughter was on that boat, and was still in the Intensive Care Unit at Grand Strand Regional Medical Center as of Monday night, where she remained unconscious until 9:00 p.m., where she thereafter opened her eyes 6-7 times that night and into the next morning.
What is really the heart of the problem, as stated by the girl’s father is “with South Carolina’s boating laws, because it is not required to have insurance in order to own a boat. ” His daughter was transported to the hospital via helicopter, and now the weight of the bills have fallen onto the shoulders of the father, as though his punishment is not already grave enough.
Boat Accident Lawyers
The attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you and your family if you have been in such an accident in South Carolina. We encourage you to visit our website at www.rjrlaw.com and compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.