Lancaster Hit-and-Run Leaves Two Men Injured

Two men were walking home one night from the store in Lancaster, SC at around 11:00 p.m. when they were struck from behind by a car.  Both of the men reported that they are thankful to be alive after the incident.

The driver sent both men flying into a nearby ditch where they were too injured to get up and check the license plate.  One of the men is hobbling on crutches, while the other man was left unconscious and seriously injured.

The two were rushed to the hospital and Lancaster Police report the hit-and-run driver is still on the loose. If the driver is apprehended, he may be liable for the men’s medical expenses and other expenses related to the accident.  If you are walking or driving on the road, you are at risk. We see it every day. Someone is going too fast, not paying attention to the road, or is on their cell phone texting. Others are impaired or otherwise unsafe to drive, whether from alcohol or drugs or some other condition. Sadly, you or your family member can be seriously injured or killed if you are on the road.

Fortunately, the trial lawyers of Reeves, Aiken & Hightower, LLP are experienced auto accident attorneys who practice Personal Injury law and can help. Call our Baxter Village, South Carolina office at 803-548-4444, or toll-free at 877-374-5999.

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.

 

Accident Law and Indian Reservations – NC Accident Attorneys

We all have a vague idea that the laws are different on Indian reservations like the one in North Carolina, the Eastern Band of Cherokee Indians, but what does it really mean after an car, truck, or motorcycle accident?  Basically it affects the court in which the matter will be heard: Tribal Court, State Court or Federal Court.

Basically, if the defendant is a member of the local tribe, a car accident case will generally be heard in the tribal court; if the defendant is a non-member of the tribe, a car accident case will generally be heard in state (or federal) court, even if the accident occurred on roads within the Indian reservation.

The basic reason for this is that, as long as the road was on a right-of-way given by the reservation to the state or federal government, the tribe’s claim of jurisdiction over non-members is fairly weak.  The accident occurred on a road that the tribe barely regulates and generally non-members tort defendants will generally have little meaningful interaction with the tribe.  The non-member came on the reservation to visit, isn’t a member of the tribe, and merely got into an accident on (usually) a state maintained road. The basis for giving the tribe jurisdiction over a non-member accident defendant is seemingly weak.

However, members obviously should be under jurisdiction of the tribe, and perhaps are owed the protection that a tribal venue might give.  Thus, when members are the defendants, the tribal court will likely have jurisdiction.

These are just the basic rules though.  State courts may have concurrent jurisdiction in these types of car, truck, and motorcycle accident cases, and federal courts will have jurisdiction over whether or not the tribal court has jurisdiction.  Federal courts may even have diversity jurisdiction in some cases as well.

Interestingly, it may not be so bad for the non-member defendant to try their car, truck, or motorcycle accident case in Tribal Court rather than North Carolina court: The Eastern Band of Cherokee Indians recognizes comparative negligence rather than North Carolina’s contributory negligence.

North Carolina Car, Truck, and Motorcycle Accident Attorneys

If you or a loved one has been injured or killed anywhere in the Carolinas, call our accident attorneys at 877-374-5999.  You’ll speak to an attorney who will help you evaluate your case, and we’ll fight to get you your best possible recovery.