Nov 13, 2013 | Car Accidents, Personal Injury, Uncategorized
Lexington County authorities have identified a 35-year-old man from Miami, Florida who died at Lexington Medical Center after being struck by a vehicle in a construction zone on Interstate 26 last week. This incident 
occurred on November 11th, just after 11:00 p.m., near exit 111. It was further reported that the driver, who was responsible, was driving a 2004 Chevy Tahoe, drove into a lane that was closed for construction and struck the worker. At this time, no charges have been filed; however, the incident is under investigation.
If the driver, who is responsible, is eventually apprehended and found to be at fault, criminal charges and civil damages may be at stake. In South Carolina, to recover damages in a car accident lawsuit, a cause of action for negligence must be brought against the at-fault driver. South Carolina is a modified comparative negligence state, meaning that even if a plaintiff is partially at fault in the auto accident, that plaintiff can still recover if their negligence does not exceed the negligence of others. However, the recovery will be reduced in proportion to the plaintiff’s negligence in the accident.
The negligence of the plaintiff, in South Carolina, must never exceed that of the defendants for their to be a recovery. Further, if there is more than one defendant in the auto case, the plaintiff’s negligence must not exceed the combined negligence of the defendants. The burden is on the plaintiff in South Carolina negligence suits to prove that the defendant was “at fault” in causing the plaintiff’s injuries by a preponderance of the evidence. The defendant, on the other hand, can offer proof that they were not negligent, and that the plaintiff was more negligent.
If you or a loved one has been involved in an accident and injuries have resulted through the negligence of the defendant, contact the law office of Reeves, Aiken & Hightower, LLP for a confidential consultation. We are here to help you determine whether you have suffered injuries as the result of another’s malfeasance, and to what degree you might be at fault. This determination will allow us to determine whether your case has merit before we put it before the court and the jury. Call our Fort Mill, South Carolina office at 803-548-4444, or toll-free at 877-374-5999.
Nov 8, 2013 | Car Accidents, Personal Injury, Uncategorized
Under South Carolina law, there are certain types of insurance that can be obtained when you have been involved in an automobile accident and sustained “bodily injury” or “property damage” to your vehicle and yourself.
Section 38-77-30 of the South Carolina code states that “Bodily injury” can be include any serious personal injuries, all the way to a death that resulted from the automobile accident. S.C. Section 38-77-30(2012.)
Moreover, the same section of the code describes what “automobile insurance” means, and when it is relevant in a personal injury suit.
Specifically, the code states that “Automobile insurance” means automobile bodily injury and property damage liability insurance, including medical payments and uninsured motorist coverage, and automobile physical damage insurance such as automobile comprehensive physical damage, collision, fire, theft, combined additional coverage, and similar automobile physical damage insurance and economic loss benefits as provided by this chapter written or offered by automobile insurers.” S.C. Section 38-77-30(1)(2012.)
Thusly, when you hear your personal injury attorney asking you, the insurance company, and even opposing counsel about “automobile insurance,” and are curious as to why that is relevant to your injuries, now you know that is part of the law that MUST be discussed when deciding how to proceed with your case, and how to get you’re the compensation you deserve for the injuries to your person, and your vehicle.
If you have been involved in an automobile accident and sustained serious personal injuries, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your case and possible outcomes.
Nov 5, 2013 | Car Accidents, Personal Injury, Uncategorized
A car accident on Interstate 85 closed the highway down after a car flipped on the inner loop, causing four injuries, one of which was serious. The interstate was also closed for several hours. All four people had
injuries which were potentially life-threatening. A car accident can cause the loss of time, property, health, and can even result in one’s death. An accident can come in the form of driver negligence, manufacturing defects, and dangerous weather.
In South Carolina, the rule is comparative negligence which states that even if a plaintiff is partially negligent, that plaintiff can still recover if their negligence does not exceed the negligence of others. The recovery will, however, be reduced in proportion to the plaintiff’s negligence
For example, if a plaintiff is 30% at fault (negligent), and one defendant is 70% at fault, and damages as determined by a jury are $100,000, the plaintiff would get a verdict for $70,000 from that defendant. You might be thinking about how one would determine the percentages of fault. The answer is that the legal system just punts. The case is put on by both the plaintiff’s side and the defense, witnesses are called, and arguments are made. Then, the jury is told the rule, that they have to determine how much each party was at fault, and they come up with an answer. So, they ignore how hard the question is, and they come up with an answer because eventually they will tire of deliberating.
The problem comes with the determination of 50% or 51%: The rule in SC is that the plaintiff’s negligence must not exceed that of the defendants, i.e. in a case where a jury determines that the plaintiff and defendant split fault exactly 50-50, the plaintiff gets 50% of damages. If the plaintiff is the least little bit more at fault than the defendant, the plaintiff is barred from recovery. This rule is called the 51% bar.
Regardless of what the cause, an accident can turn the life of someone involved upside down. This is why it is so important to retain an attorney who can help guide you through the legal process.
At Reeves, Aiken & Hightower, LLP, we understand the baggage that comes along with an involvement in a serious auto accident. For a consultation, contact us at our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or 877-374-5999. With over 23 years experience, our team is equipped to handle any sort of personal injury incurred due to a serious accident.
Nov 4, 2013 | Car Accidents, Uncategorized, Wrongful Death
According to WYFF news, a woman, who was driving under the influence of pain medication, struck and killed a Department of Transportation worker as she was driving home. The man was rushed to the 
hospital; however, he was pronounced dead three hours later. The woman states that she did not remember the accident and has further stated that she thinks it may have been from the head injury she sustained, and not the medication.
In South Carolina, if it is found that a driver was under the influence of drugs or alcohol, they will be charged with a DUI as a result. Further, if the offender has killed or injured someone as a result of an accident while they were impaired, that person may be liable to the victim, or the victim’s family. The victim’s family will be compensated through the Wrongful Death Statute.
Law in South Carolina allows the wife and children of the deceased worker to bring a civil suit for wrongful death. Wrongful death occurs whenever someone has been killed as a result of reckless behavior, negligence, or an intentional act. A claim for wrongful death can help to compensate an immediate family after incurred medical expenses of the deceased, funeral expenses, loss of financial support, mental anguish, and loss of consortium. Further, the law allows for punitive damages if the defendant acted “reckless, willful, or wantonly.”
If a family member has been killed in a wrongful death accident in the state of South Carolina, call the law offices of Reeves, Aiken & Hightower, LLP. You can reach us at our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Oct 30, 2013 | Car Accidents, Motorcycle Accidents, Uncategorized
Operating a motorcycle on the roads, and especially the highways these days, is inherently dangerous. It is becoming more and more important to abide by certain safety precautions when operating any 
vehicle, but especially motorcycles due to the fact that your entire body is basically exposed.
First and foremost, the rider MUST wear a helmet. A crash is likely to occur, especially if you are a rider who navigates busy roads and intersections, and one out of every five motorcycle crashes result in a head or neck injury. And, this is more likely to occur when the rider is inexperienced, beginning, or untrained. Some riders don’t wear helmets because they think helmets will limit their view to the sides. While others only wear helmets on long trips, with the mindset that they are not riding at a high-speed and therefore are not in as much danger. North Carolina law requires that you wear a helmet at all times; so, wear a helmet!
Next, the right clothing is also imperative for motorcycle riders to wear for protection. This can protect your skin, and even help to prevent broken bones in an accident. It also provides comfort, as well as protection from heat, cold, debris and hot moving parts on the motorcycle. Protective clothing should cover arms and legs completely, and fit snug enough to keep from flapping in the wind. Sturdy synthetic material provides a lot of protection as well. Finally, wear gloves to allow a better grip on the handlebars, and protect your hands in a crash.
Third, make sure you have the right motorcycle for you, meaning your feet should reach the ground while you are seated on the motorcycle, and controls should be easy to operate; meaning you should not have to stretch to reach things and the motorcycle should “fit” you. A tip for beginners is that smaller motorcycles are typically easy to operate. In other words, do not attempt to ride a customized chopper as your first motorcycle.
Finally, make sure you are completely familiar with the motorcycle controls before you take it out on the street. If you are riding a borrowed motorcycle, make sure that you:
- Make all the checks you would on your own;
- Find out where everything is, such as turn signals, horn, and headlights;
- Know how to work the throttle, clutch, and brakes; and finally
- Ride very cautiously, and always be aware of your surroundings.
These are just a few of the hundreds of safety tips required when one is operating a motorcycle. While abiding by these basic procedures, new users are recommended to take a safety course as well as read the motorcycle owners manual to ensure you are knowledgeable on all of the devices on the bike. A large amount of accidents take place each year, when riders are involved in accidents, and due to the fact that they are open while riding, motorcyclists generally feel the brunt of the impact.
If you or a loved one has been involved in a motorcycle accident, and have been injured, call us. We have years of experience in dealing with personal injury cases, and love to help our fellow riders. For a consultation, give us a call at our Fort Mill, South Carolina office at 803-548-4444, or toll-free at 877-374-5999, and we will be happy to assist you.
Oct 28, 2013 | Car Accidents, Personal Injury, Uncategorized
A proposed Senate Bill that would heavily punish distracted SC drivers for accidents caused by them has been stalling in the South Carolina legislature.
Senate Bill number 186 was filed on January 8th by Republican Senator Luke Rankin, from Myrtle Beach. The bill suggests to criminalize distracted drivers by making accidents caused by them a felony.
Accordingly, the bill proposes that “motorists could be charged with reckless vehicular homicide when cell phones are a factor and when death occurs within three years of the accident.”
The Senator was not available for further comments, but has been quoted stating that the highest rate of car accidents is typically between people aged 18-25. If you add in further distractions, such as a cell phone, this number can continue to increase.
The Bill is unlikely to be passed as of this moment since May 1st was the deadline for all legislation to be passed this time around.
With the legislature stuck in the first-year cycle, bills that are not passed in this session maybe re-brought when the General Assembly reconvenes in January of next year.If the bill does not pass then, it will have to be re-introduced in 2015 or 2016.
According to the released reports, the sluggish scrutiny over this bill comes from the fact that the State decided to drop charges in a deathly crash where the driver was distracted by her cell phone.
As of right now, the bill has still not been passed. However, there are new laws, both federal and state, that do continuously pop up with the hopes of discouraging drivers from using technology while driving their vehicles.
For more information on serious car accidents, contact the car accidents at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information.
