Jul 30, 2012 | Car Accidents, Uncategorized
Let’s talk about what it means to be “upon” a vehicle, says the SC Supreme Court in recent case Farm Bureau v. Kennedy. The case generally hashes over what it means to be in a car or truck under underinsured motorist (UIM) car insurance policies and the public policy governing these cases.
In the business owner’s Farm Bureau auto insurance in this case, for a personal injury to be covered by the policy the person injured must have been occupying the insured vehicle at the time of injury. This is generally true of such car insurance policies. The car insurance contract helpfully defined occupying as “having actual physical contact with an auto while in, upon, entering, or alighting from it.” If you think that adds much meaning to “occupying,” let us know in the comments.
Generally, it is pretty obvious whether someone is occupying the relevant vehicle. Those are the easy cases. In this case, the plaintiff had actually been leaning on the tailgate of the insured vehicle (occupying the vehicle by being upon the vehicle) right before a truck was coming straight for him. He then fled the path of the truck. He came into contact with the insured vehicle again when the truck from which he was fleeing pinned him against the insured vehicle.
Farm Bureau argued that the injuries occurred after he lost contact with the vehicle, and since he was not upon the insured vehicle, he was not a covered person under the UIM policy.
The plaintiff argued that to expect a person to not flee danger or forfeit their insurance coverage is unconscionable, and for that reason, the plaintiff should be a covered person.
The Court agreed with the plaintiff and argued that UIM coverage must be read broadly, for reasons of public policy, and that the UIM statute may prevent the reading of the contract offered by Farm Bureau.
The full opinion is appended below the break.
The Serious Car Accident Attorneys of Reeves, Aiken & Hightower
If you or someone you know has been injured or killed in a car accident or any other accident, you need the help of a serious accident attorney like those at Reeves, Aiken & Hightower. Call us at 877-374-5999, or contact us at this link, to schedule a free, private consultation. We can help you evaluate your claim and get you the recovery you deserve.
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Jul 28, 2012 | Boating Accidents, Brain Injury/Head Trauma, Car Accidents, Uncategorized, Wrongful Death
Just as summer is heating up, so are patrols by law enforcement to try and stop people who may be “boating under the influence” (BUI). Law enforcement around the country is gearing up for Operation Dry Water which to crack down on BUI’s on the water. The goal of this enforcement is to increase safety on the water so that this recreational activity can be enjoyed with less fear of “drunk boaters.” Just as serious as drinking and driving, so is drinking and operating a boat. The potential legal consequences as well as the safety of others on the water are essentially the same. Recent statistics show that up to 16% of boating fatalities result from boating while under the influence. Sadly, almost any accident involving other boats or swimmers almost always results in serious injury and/or death. There are no seatbelts or airbags on a boat. At a minimum, people suffer broken bones.
If you have had a couple drinks and feel as though you should not operate a motor vehicle, the same applies to the operation of a boat. The article below is a stark reminder of how serious the consequences can be. Have fun out at the lake or river. Please be safe, not only for others but for yourself as well.
The DUI attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you and your family if you have been seriously injured by a drunk boater. We encourage you to visit our website at www.rjrlaw.com and carefully 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.
Man arrested in deadly boat collision on Ga. lake
By JEFF MARTIN
Associated Press
ATLANTA (AP) – Crews will resume their search Wednesday for a 13-year-old boy who disappeared in a Georgia lake after a fishing boat rammed a pontoon boat, killing a 9-year-old boy and injuring three other passengers on the vessel.
Authorities said the fishing boat left the area after the Monday night collision. Searchers using sonar found no trace of the missing youth Tuesday and authorities in Hall County said the search would continue Wednesday.
They said 44-year-old Paul J. Bennett of Cumming was arrested Tuesday and charged with boating under the influence. A home number for Bennett could not be located, and it wasn’t known whether he has an attorney representing him.
There were 13 people aboard the pontoon boat when it was struck.
Jul 28, 2012 | Car Accidents, Personal Injury, Wrongful Death
While everyone knows the dangers of drinking and driving, few appreciate the dangers of texting driving. However, statistics and studies confirm that texting driving may be as dangerous as “drunk driving.” So why do we still do it?
Texting Driving Dangers
While the dangers may seem obvious, many of us still do it. Because you are texting someone as you are driving, you are not paying attention to the road. And even if you glance up every few seconds, you are still a real danger. For example, you won’t have enough time to react if driving conditions change quickly. As a result, serious accidents occur, and people get hurt or killed. Rather than take chances, focus on driving and don’t let this happen to you.
Even before the texting driving studies began, I saw first-hand accidents due to texting driving as a police officer. Fortunately, I never had to work an accident where someone was killed. However, I did see accidents where injury and damaged vehicles resulted. While everyone had an excuse, every accident was preventable if the driver had been paying attention. So unnecessary and sad.
Nearly everyone who admitted they had been texting would state they only looked away for a second. It was during that second of looking away that an accident happened. If you absolutely must send a message to someone it is better to pull over and send a quick message and then let the other person you are driving will get back to them shortly. It is always better to play it safe than to end up in an accident that could result in serious injury or even death.
The personal injury attorneys of Robert J. Reeves P.C. stand ready to fight for you are in an accident. 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 directly at 803-554-4157 for a private, confidential consultation to review your case.
Jul 28, 2012 | Car Accidents, Motorcycle Accidents, Uncategorized
In South Carolina there has been an increase in fatalities in accidents involving motorcycles according to the South Carolina Department of Public Safety. The number of fatalities in motor vehicles has gone down however. In 2011 there were 102 fatalities in motorcycle accidents compared to 82 the year previously. This is sad news for those who enjoy riding their motorcycles on the roads in South Carolina. The reason for this increase is likely not just people who drive motorcycles but other people who in larger vehicles around them. In order to reduce these numbers drivers must undertake to driver safer around motorcycles.
If a motorcycle is in a collision with a larger vehicle the damage to the motorcycle is generally greater and the chances of serious injury to the motorcycle driver are greater. Motorcycles do not offer the same structural protections that other vehicles offer. If you are driving on the roads take notice of motorcycles on the road and keep in mind to drive more cautiously around them. Some common causes of motocycle accidents include cars making a left turn in front of a motorcycle, not checking blindspots before changing lanes, and cars pulling out on the street in front of motorcycles.
The attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you if you have been in serious accident in South Carolina. We have a state-wide practice and will come to you wherever you need us. 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.
Jul 27, 2012 | Car Accidents, Uncategorized
Wednesday a woman was injured after she flipped her van in York County. The accident occurred on I-77 near the Baxter Village/Fort Mill Highway 160 exit.
The van flipped a couple times. The driver went to the hospital, but only for non-life threatening injuries. The accident was the driver’s fault: improper lane change.
Two lanes were blocked by the accident.
Fort Mill Auto Accident Attorneys of Reeves, Aiken & Hightower
If you or someone you know has been injured or killed in an auto accident, call the experienced auto accident attorneys of Reeves, Aiken & Hightower at 877-374-5999, or use this form, and we will help you evaluate your claim and get you the largest recovery possible.
Jul 26, 2012 | Car Accidents, Uncategorized
Last night, the Lancaster County Sheriff’s office found a Lancaster man dead in his still-running car in the woods. Officers responded to Lamplight Road after someone reported seeing a suspicious vehicle. The engine was still running and in gear. The man was dead inside the car. The cause of death is uncertain and is pending autopsy.
Foul play is not yet certain. No suspects have yet been identified.
No report has been made that fire arms were used, and an accident involving the car has not been ruled out.
The Lancaster Car Accident Attorneys of Reeves, Aiken & Hightower
If you or someone you know has been injured or killed in any accident, you need the help of a serious accident attorney like those at Reeves, Aiken & Hightower. Call us at 877-374-5999, or contact us at this link, to schedule a free, private consultation. We can help you evaluate your claim and get you the recovery you deserve.
