Outside of Rock Hill Train and Truck Collide Causing Serious Injury

In late August,emergency crews were rushed to the scene of an accident involving a dump truck and train colliding, right on the border of North and South Carolina and ending in serious injury.

Officials have reported that the accident occurred around 11:00 a.m., right before the North Carolina state line. The South Carolina Highway Patrol states that a CSX train was heading westward when it collided with a 2005 Volvo dump truck.

At the location of the accident, there were no “cross arms,” nor any lights to lead the way. Thus, when the dump truck was crossing over the train track, he was unable to see the train coming towards him.

Consequently, the dump truck driver had to be airlifted to the hospital with serious injuries.

The Highway Patrol and State Transport Police are investigating.

Whether you’ve been involved in a car wreck with another automobile, tractor-trailer truck, or motorcycle, serious motor vehicle accidents are our primary practice area. Our accident attorneys have over 75 years combined trial experienced and have assisted countless injured individuals and their families since 1989.

As a former ICU Registered Nurse (RN), attorney Robert J. Reeves has personally treated seriously injured persons and understands the long-term, and oftentimes permanent, consequences of catastrophic accidents. Please contact us today at 704-499-9000 or 877-374-5999 toll-free and speak with one of our experienced attorneys.

 

SC Supreme Court Looks at FDA Preemption-Contact Lens Attorney

In the recent South Carolina Supreme Court decision,Weston v. Kim’s Dollar Store, the Court gave a textual read to the federal statute expressly preempting certain drug and medical device torts.  In that case, a young lady bought a pair of color contacts without a prescription from Kim’s Dollar Store and shortly thereafter lost sight in one eye.  Blindness from a color contact; can you imagine?

The statute in question is as follows:

“[N]o State or political subdivision of a State may establish or continue with respect to a device intended for human use any requirement—
(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and
(2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.

The Court basically ruled that the words stand for themselves, that any common law rule of tort that would be different from or would add to the federal drug laws is preempted, and not much further.  The application of this rule was sent down to the trial court.

Read the whole opinion below the fold.

South Carolina Contact Lens Attorneys

If you or someone you know has been injured by a contact lens or any other medical device, you need legal help as you may be entitled to recovery against the product’s manufacturer.  Call the product liability attorneys of Reeves, Aiken & Hightower at 877-374-5999 for that legal help.  We have the experience to get you the best result in your situation.

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Procedural Failure of SC Personal Injury Attorney Almost Dooms Case

It’s an unfortunate fact of the law that sometimes those with legitimate personal injuries and a legitimate entitlement to recovery do not recover because of a procedural failing.  The recent South Carolina Supreme Court Case Mims v. Babcock Center represents one of the lucky cases, where the law recognizes substantive injury over formalistic procedure.

In that case, an attorney filed a complaint in 2007 only to never serve process on any of the claimed defendants.  Defendants did in fact learn of the lawsuit, but the injured person’s attorney did not continue to pursue the claim.

Later, in 2008, a second complaint was filed alleging to be an amendment to the earlier 2007 complaint.  Process was served for the second complaint on all defendants.  The problem is that SC Code § 15-3-20(B) requires that service be made within 120 days of filing a lawsuit.  The trial court dismissed the entire case, without prejudice (meaning the suit could be refiled), on the grounds that the plaintiff’s lawyer failed to serve process within 120 days of filing as required by the statute.

The South Carolina Supreme Court, however, held that the full extent of SC Code § 15-3-20(B) is exerted by Rule 3(a) of the SC Rules of Civil Procedure, i.e. that:

(1) an action is commenced upon filing the summons and complaint, if service is made within the statute of limitations, and
(2) if filing but not service is accomplished within the statute of limitations, then service must be made within 120 days of filing.

Read the whole opinion below the fold.

Rock Hill Personal Injury Attorneys

If you have been injured in any sort of accident, contact the personal injury attorneys of Reeves, Aiken & Hightower at 877-374-5999 or at this link.  We have the experience to get you your best recovery.

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Police Car Chase Ends With Crash–SC Accident Attorneys

A police chase ensued Wednesday afternoon after three enforcemenet agencies joined together to chased the unnamed individual. The chase ended with a collission in Columbia Park that afternoon.

The facts surrounding the case are as follows: an officer patrolling a neighborhood in connection with a pattern of recent car break-ins, attempted to initiate a traffic stop on a Jeep Cherokee when the suspect sped away.  It was during the chase that the suspect sideswiped another vehicle near Ginny Lane and US 378.

The car that was hit during the crash was damaged, but fortunately, no one was in the car at the time of the collision.  After crashing into the car, the suspect took off.

Police car chases are becoming more common and, with increasing speeds and recklessness, more dangerous to the public. Many police departments have adopted new rules for when their officers are permitted to continue chase and when they must break off pursuit. The risks of causing accidents like the one in this case are too great. In this instance, the car was simply parked. But who knows what could have happened if a family had been sitting in the vehicle.

South Carolina Car Accident Attorneys

If an accident happens in your life through no fault of your own, call the experienced car accident attorneys of Reeves, Aiken & Hightower LLP. Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives.

Teen Dies in Fiery Crash On I-26–SC Accident Attorneys

A 19-year-old SC teen died in a fiery crash on Thursday afternoon on Interstate 26.

According to South Carolina Highway Patrol, the accident occurred around 4 p.m. near mile marker 164 when the teen’s 1998 Mazda heading eastbound went off the left side of the road, hit a tree, and caught on fire.

The teen driver died at the scene due to blunt force trauma from the crash and not the fire, according to an Orangeburg County Coroner.

Highway Patrol is continuing investigations in connection with the crash.

South Carolina Accident Attorneys

If the unthinkable happens in your life, call the experienced attorneys of Reeves, Aiken & Hightower LLP. Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives.