Construction Accidents and Workers’ Compensation

Accidents at Construction Sites

It’s good to see construction again. For too long, the economy dragged the building business down and kept workers from their jobs. No new houses or office buildings were being built. Even government spending was greatly decreased. Our country’s economy depends largely on good paying construction jobs. Now in Charlotte and throughout York County, we are seeing construction cranes and new housing developments. Here in Fort Mill and Rock Hill, there are numerous new housing subdivisions being developed. We will miss all the trees, but our area is growing again, and we will all benefit from the high paying construction jobs. However, with those jobs and wages comes the risk of serious injury while on the job and at work.

Workers compensation construction accidents are usually quite serious. People who work indoors or at offices can get hurt, but their injuries are typically minor and do not result in lost time. But folks who wear hardhats and build things can be seriously injured in an instant. Construction accidents can happen in an instant given all of the dangerous machinery and equipment being used. There is so much activity going on at the same time. Everyone has to watch out for each other. A moving crane or heavy loads being moved overhead can crush a worker or amputate a limb in a moment of distraction. Falls from at height can easily result in a serious back or head injury. And let’s not forget all of the saws and welding equipment that injure or even kill even the safest of construction workers. The point is we are all grateful for the new growth in building and everything that comes with new construction. But let’s be doubly careful while at work so that everyone gets back home safely to their families.

If you or someone you care about is injured in a construction accident, call us for answers and options. You can also download our free eBook South Carolina Workers’ Compensation Law What To Do If Hurt At Work by going to our website www.rjrlaw.com. For a private, confidential review of your particular case, call Robert J. Reeves 803-554-4157 or email Robert@RJRlaw.com.

Be Safe. Get Home.

Intoxicated Man Killed By Amtrak Train in Rock Hill

Two employees of a local bar have been charged with serving alcohol to an intoxicated man, who was subsequently hit by a train only moments after leaving the bar. The 53-year-old victim was hit by an Amtrak train on the eve of November 15th.Personal Injury Attorney

The two women, ages 42 and 25, have both been charged separately for the crime. Accordingly, the two women work at the local bar that happens to be next to a railroad track.

The police have stated that the victim was “over served at the bar that night”, which is why the two women were later charged.

Accordingly, additional charges against the bar, bar owner, and two employees may still be yet to come.

There is no greater loss than losing a loved one, but it is especially hard when you don’t have any warning. Someone else’s negligence can change your life forever in a fatal accident.

Rock Hill is full of rural roads that are not always well-lit. To ensure you and your loved one’s safety, please be vigilant of all other drivers on the road, whether it be by car, motorcycle, tractor-trailer, or even a train.

Contact the experienced wrongful death and personal injury attorneys at Reeves Aiken and Hightower, LLP to help get you through this nightmare and find those answers. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free.

SC Modified Comparative vs. Pure Comparative Negligence

In the state of South Carolina, a person’s ability or right to recover after being involved in a serious accident maybe controlled and conjunctively limited by the state’s laws governing negligence claims. Specifically, South Carolina is one of the many state’s that follow the rule of “modified comparative negligencePersonal Injury Attorney.” The next logical question is what is “modified comparative negligence” and how does that differ from pure comparative negligence?

The answer can be broken down by percentages. Thus, under South Carolina’s “modified comparative negligence” rule, if a person is more then 50% at fault( even if it is 51%), as determined by the appropriate fact finder, then the plaintiff will be precluded from recovering anything. Under this modified system, the plaintiff will be permitted to a ” partial recovery.” Under partial recovery, the law states that any percentage of fault on the plaintiff’s part will be reduced and then deducted from the final compensation/settlement amount.

Conversely, under the pure comparative negligence rule, the degree of fault exercised by the plaintiff will not bar recovery, even if the plaintiff is found to be 90% at fault. In other words, the plaintiff can recover some percentage from the defendant regardless of the extent to which they were responsible for the accident. However, the amount of recovery maybe reduced by fault, just as in the modified comparative negligence theory explained above for partial recovery..

So, let’s put these two theories to the test and use a hypothetical to further explain. Let’s say that there was a serious car accident involving only one plaintiff, and one defendant. The facts of the accident are essentially moot, as the focus of this discussion is based upon the method of recovery. Thus, the two parties, after much deliberation, go to court and it is found that the plaintiff is 40% at fault, and the defendant is found to be 60% at fault. The settlement amount has been determined to be $100,000.

Under the modified comparative negligence theory, the plaintiff would only be entitled to recover $60,000, as they were 40% at fault and the settlement was for an even $100,000. This is not to say that the defendant will be awarded the remaining $40,000, but rather that the amount the defendant( or his insurance company) is to pay will be reduced to that $60,000 amount.

Now, let’s change the facts a bit and say that the plaintiff was found to be 60% at fault and the defendant was only 40% at fault. Under South Carolina’s rule, the plaintiff would be barred from recovering anything, because they degree of fault has crossed over that 50% threshold in the aforementioned paragraphs.

However, under the pure comparative negligence theory, the plaintiff would still be entitled to some recovery; however only for the $40,000, as they were found to be 60% at fault.

Thus, in the event that you or a loved one find yourself involved in any sort of serious accident or personal injury, contact the law offices of Reeves, Aiken, and Hightower, LLP to talk to one our our experienced personal injury attorneys today toll free at (877) 374-5999

Indian Land P.E. Teacher Dies After Tragic 4-Wheeler Accident

Sadly, a man who had dedicated his life to the health and well-being of children has lost his life in a tragic All Terrain Vehicle (ATV or 4-wheeler) accident.  He was an Indian Land Elementary physical education teacher, and he died early in October after suffering serious injuries in an ATV accident that occurred a few days prior to the man’s death.

The man was loved and honored by all of his students and colleagues, and was on his 17th year of teaching at the time of the incident. He was also the wrestling coach at the local high school, Indian Land High, where students remembered him as the first teacher in the building, and the last one to leave that afternoon.

The details of the accident are still a bit hazy; however, it was reported that the teacher had been riding his ATV through the back roads of Van Wyck where he lived, when he was thrown from the machine.

EMS workers reported that the teacher suffered a severe head injury at the time of the accident; something that is typical with ATV accidents, as there is no machinery around the body of the driver for extra protection.

By the time EMS arrived on scene after a neighbor phoned the local police department, the teacher had to be immediately helicoptered to Carolinas Medical Center in Charlotte for surgery.

Surgery was performed, but the accident was too severe and the trauma to the brain had already done its damage.

The beloved teacher was pronounced dead that Tuesday afternoon.There are no more details available to give rise to the source or cause of the accident. It is unclear why the teacher was thrown from the ATV, and how he was injured when he was.

When people think of personal injuries and serious accidents, typically, the first thought that crosses their minds is ” someone must of been involved in a car or motorcycle accident.” However, with technology increasing everyday, and new fun “toys” being released into the market, personal injuries due to some sort of unconventional machine seem to be ever increasing.

Specifically, since the release of All Terrain Vehicles ( also called ATVs or commonly “4-wheelers), people are becoming involved in multiple accidents due to this dangerous vehicles. To drive a 4-wheeler, the laws state in both North and South Carolina that one must first obtain a driver’s license. However, because of the ATV departure from a regular vehicle, more and more people are driving this equipment without the proper experience or safety precautions surrounding them for protection.

If you, or someone you know has been involved in any sort of serious accident due to a 4-wheeler, contact the personal injury attorneys of Reeves, Aiken, and Hightower, LLP. With attorneys licensed in both North and South Carolina, those accidents that occur over the boarder may still warrant representation. Call us today for a free consultation at 803-548-4444, or toll free at 877-374-5999.

Fatal Accident in Gaston County

 

An accident in Gaston County turned fatal this weekend.  A collision between an SUV and a passenger car has taken the life of one person.

According to authorities, the accident occurred at 4:30 p.m. on Saturday afternoon as the two drivers were traveling on Highway 321 near Community Road.  A body was found under the SUV when authorities reached the scene.

The driver of the passenger car was outside of his car when the SUV struck him.  The passengers in the SUV were unharmed, but the driver of the passenger car died at the scene despite persistent efforts by rescue personnel to save him.  Northbound York Highway was closed for an hour which caused extensive delays in the area.

Any type of serious injury can bring harm to the victim and his/her loved ones.  One may have an action to recover damages for injuries sustained during an accident.  Contact the law offices of Reeves, Aiken, and Hightower to consult with one of our personal injury attorneys.  Our personal injury attorneys understand the emotional and financial hardships facing persons injured in an accident and want to help you or someone you might know.  We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.

 

 

Car Crashes Into Mobile Home on Inner I-485

A devastating car crash occurred Wednesday on the Inner Loop of Interstate 485 around Providence Road.

According to a report, an automobile apparently slammed into the back of a motor home traveling on the interstate.  When the automobile hit the motor home, the front of the vehicle buckled, trapping the occupants inside the vehicle.

Five people were injured in the incident.  According to authorities, three of the injuries are described as potentially lifethreatening while the other two were described as non-life threatening.  Authorities had to close the inner loop of I-485 to make room for a medical helicopter that was called to evacuate the victims to the

Any type of serious injury can bring harm to the victim and his/her loved ones.  One may have an action to recover damages for injuries sustained during an accident.  Contact the law offices of Reeves, Aiken, and Hightower to consult with one of our personal injury attorneys.  Our personal injury attorneys understand the emotional and financial hardships facing persons injured in an accident and want to help you or someone you might know.  We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free. hospital.