Jan 9, 2014 | Car Accidents, Personal Injury, Uncategorized, Wrongful Death
If you are in an accident the first feeling you have is usually one of panic. It is a very nerve wracking experience and can be very disorienting. However it is important to know what to do if you are in an accident.
A good habit is to keep your insurance card and registration in your vehicle at all times. This information will be needed should you be in an accident. Should you find yourself in an accident try to remain calm and call 911 immediately to have an officer dispatched to your location. The dispatcher will need to know where you are and if you don’t know what road you are on let them know any landmarks you see around you. Most dispatchers will know where you are even if you are not sure what road you are on if you can describe some landmarks around you.
Generally you should not move you vehicle from the scene of the accident so that the responding officer can take down an accurate report of the scene of the accident. This may vary depending on what jurisdiction you are in as some jurisdictions require small accidents such as fender benders to move to the side of the road until an officer can respond.
Once the officer has arrived you will need to give him all your information and he take a statement from you to investigate how the accident happened. The officer will give a citation to the driver he concludes was at fault. In some cases the officer will give a citation to both drivers involved in the accident if he is unable to determine exactly who was at fault. He will still make a report and then leave it to the courts to decipher where fault should be assigned. This is important to remember since just because you receive a citation does not mean you are at fault.
If you have been involved in a situation such as the one listed above, you need the help of a personal injury attorney. Contact the attorneys at Reeves Aiken & Hightower LLP toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.
Jan 8, 2014 | Car Accidents, Criminal Defense, Trucking/Tractor-Trailer Accidents, Uncategorized
Three people were seriously injured when a tractor-trailer and car collided on Interstate-77 last month.
In late December, a car and tractor-trailer were involved in a deadly crash that seriously injured three individuals.
The accident occurred on May 2nd, right on the North Carolina and Virginia border on Interstate 77, which connects Columbia, SC to Ohio, by way of cities including Charlotte. This is a very typical spot for accidents to occur due to the curving roads that bind the two states.
According to the police reports, driver of a small sedan lost control of his vehicle and crossed over into the fellow driver’s lanes. Particularly, he crossed the path of a FedEx truck/tractor-trailer, who was making a haul to Harper’s Ferry at the time.
Upon impact, the tractor-trailer caught fire and burst into flames. It is believed it may of had some hazardous materials inside. The Hazmat crew was called to the scene immediately.
Luckily, nothing leaked out of the containers in the tractor-trailer,so the flames were able to be contained. The crew took about 4 hours to clean up the debris; blocking two of the four lanes on the highway.
One of the driver’s was taken to the closest hospital via helicopter, while the paramedics drove the other two injured parties to the hospital by ambulance.
Large commercial “big rigs” or “18-wheelers” are the biggest, heaviest vehicles permitted on our nation’s highways. Because of their sheer size and weight, they can become unstable at highway speeds unless all rules are strictly followed. If not, “accidents” occur and almost always results in serious injury and/or death.
Both State and federal agencies have tried to minimize the risks by enacting extensive regulations for the trucking industry. Nevertheless, many trucking companies and private drivers still refuse to follow basic safety and maintenance rules that have been put in place. With the difficult economy, there has been less demand for trucking combined with higher fuel prices.
As a result, routine maintenance is delayed, and drivers are pressured to get their loads to their destinations quickly, no matter what. As a result, truckers are forced to drive longer and perform vehicle maintenance only when absolutely necessary just to survive. The fatigue that the truckers experience is exponential when determining who is at fault
If you have been injured in a similar action listed above, contact an attorney as soon as possible to hear your possible rights. For more information on serious tractor-trailer accidents and injuries, contact the tractor trailer accident attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information.
Jan 7, 2014 | Car Accidents, Personal Injury, Uncategorized
State Farm Automobile Insurance provided for three of the vehicles belonging to Plaintiff Jones. However, on November 5, 1999, State Farm sent a cancellation notice informing Mr. Jones that “effective November 24th, 1999,
coverage of the 1986 Mazda would be cancelled due to nonpayment of premiums.” Forward to December 19, 1999: Jones is seriously injured in a car wreck while driving the Mazda. Thereafter, a State Farm agent signed a FR-10 form stating that “I hereby affirm that to the best of my knowledge the vehicle described above was insured by State Farm insurance company on the date and time of the accident.”
After settling with the carrier of the other driver, Mr. Jones attempted to seek a declaration that the Mazda was covered at the time of the collision, and that he was “entitled to the underinsured coverage and entitled to stack his other two policies. However, the trial judge ruled in favor of State Farm and was entitled to summary judgment because the cancellation notice complied with S.C. Code Ann. 38-77-120, and the Form FR-10 did not affect the cancellation.
The case finally reached the South Carolina Appellate court where, the court affirmed, finding that the cancellation notice complied with the SC Code section. The court agreed with State Farm that an insurer is not required to inform the insured he/she has not been ceded to the South Carolina Reinsurance Facility. Therefore, summary judgment was granted in favor of State Farm without regard to the FR-10, because the form did not raise an issue as to the validity of the cancellation notice.
Moral of the Story: If you receive a cancellation notice in the mail, do not expect to garner any benefits from your insurance company as a result of a collision caused thereafter. This is regardless of fault. If State Farm had failed to send out the cancellation notice, the Plaintiff would have likely succeeded in this scenario; however, the notice was the document that proved to be the straw that broke the camels back in this case.
If you or a loved one has been involved in a similar situation, it is important for a professional to take a look at the case. If the cancellation notice was sent after the accident, the person is still covered and he/she may be entitled to monetary compensation from the insurance company. Contact the law offices of Reeves, Aiken & Hightower, LLP if you have a question regarding a pending insurance issue and we will determine the likelihood of success in your situation. For a consultation, contact our York County, South Carolina office at 803-548-4444.
Dec 20, 2013 | Car Accidents, Criminal Defense, License Revocation, Uncategorized
Under South Carolina state law, in order for a driver to obtain a license, either for his first time or for a renewal, he must first certify to the South Carolina Department of Transportation that he has also obtained an automobile liability insurance policy.
You can do so by filling out Form 4477-NC or Form 447-CDL, depending on which type of license you are attempting to obtain. Pleas
e see the SCDOT website to download these forms.
If you don’t own your own vehicle, but still use one for work purposes, you still need to obtain automobile insurance for yourself “personally” to drive others vehicles. This is obviously referred to as “personal automobile liability insurance.” This too can be found on the SCDOT website along with the aforementioned forms.
At any time, an owner may be required to provide proof that the vehicle that they are using is insured. Think about it. The very first time you register your vehicle in SC, or if you renew your registration, you must provide the name of your insurance company to the South Carolina DMV. Thereafter, the SCDMV will verify that you actually do have coverage. If they can not verify that you have insurance, than you may either have your license suspended, revoked, or not receive one at all if it is your first attempt for obtaining a driver’s license.
There are other situations you mind find yourself in where you may be required to show proof of insurance; specifically, when you are stopped by an officer of the law. We have all heard cops ask for ” license and registration please,” upon getting pulled over. If you do not have your registration on you, you may be cited, fined, or even imprisoned.
In the event you are pulled over by an SC officer, and you do not have your registration card on you, then you have 30 days to provide proof of insurance to avoid any further suspension.
Moreover, if you are a new resident in SC, make sure to have your address and license changed with the appropriate authorities within 90 days of residency in the state. If you do not follow this protocol and get pulled over with a South Carolina permanent residency on your insurance card, yet your license is from another state, this could result in a fine and citation as well.
If you have had an incident with being pulled over, and received a hefty fine or citation for not having your driver’s license or proof of insurance on you, then contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information.
Dec 19, 2013 | Car Accidents, Personal Injury, Uncategorized
Two Fort Mill residents suffered serious injuries when their cars collided on Springfield Parkway, in Fort Mill, South Carolina.
According to the investigation, the accident was a ” head-on-wreck” that took place sometime after 4:30 p.m. Thursday afternoon. The drivers were located right past Merritt Street, on Springfield Parkway.
Both subsequently were flown to Carolinas Medical Center, where one driver is suffering from head trauma and injury, and the other driver has serious injury to his leg.
Luckily, both drivers survived the crash and will be released from CMC.
An auto accident can change your life forever in an instant. If you are on the road, you are at risk. We see it everyday. 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. Sadly, you or your family member can be seriously injured or killed even if you do everything right.
If you find yourself in a similar situation, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more pertinent information.
Dec 17, 2013 | Car Accidents, Personal Injury, Uncategorized
Throughout the United States, the rules of evidence are typically thought of as rules to keep prejudicial, confusing, or irrelevant information away from juries, but occasionally they are used to advance policy objectives. Take the example of evidence of medical expenses.
In most states, including South Carolina, evidence of the amount of medical expenses is given by the total value of the medical services rendered to the plaintiff. The plaintiff’s attorney presents the doctor’s bills and that is the end of it. The plaintiff is showing the full value of the services caused to be rendered by the incident forming the basis of the trial.
North Carolina, however, in Rule 414 of the NC Rules of Evidence allows only evidence of amounts that were actually paid in satisfaction of the plaintiff’s medical expenses. At first this seems like little if any difference: amount of the bills vs. the amount paid in satisfaction of the bills. Most people though have health care insurance, and health care insurers negotiate lower rates with health care providers, thus paying the providers a discounted rate.
This Rule 414 allows defendants and their insurers, to take advantage of the discounted rates negotiated for the benefit of the plaintiff and the plaintiff’s health care insurance company. The end result is that personal injury verdicts and settlements will be slightly lower in North Carolina than they would have been without the new rule of evidence, as illustrated in the South Carolina example.
North Carolina, along with these rules of evidence employs a much more stringent negligence standard in personal injury cases. This is known as contributory negligence, which applies to cases where plaintiffs have, through their own negligence, contributed to the harm they suffered, which acts as a complete bar in North Carolina. South Carolina, utilizes the less stringent standard of comparative fault which serves to compensate a plaintiff who is less than 51% at fault.
If you or a loved one has been injured in an accident in North or South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation. We have years of experience in dealing with the differing standards in both states. Contact us at our Charlotte, North Carolina office at 704-499-9000, or our Fort Mill, South Carolina office at 803-548-4444.
