Aug 1, 2018 | Child Accidents, General, Personal Injury
If you face an injury on your friends’ property, you might find yourself in an awkward situation. After all, you didn’t mean to get injured, especially at your friends’ house. But, accidents do happen, as they say. So, what can you do when your health is at stake, you need medical attention, but you also want to do right by your friend? This situation is tricky, but we’re here to help…
Injury on Friends’ Property? How-to save your friendship, your wallet, and your health
Seeking medical attention
First things first, you need to decide whether or not you need medical attention. If you’re experiencing a lot of pain, or a visible injury, you might want to see a doctor as soon as possible. But, even if you don’t experience one of these two factors, but still feel like something isn’t quite right, go to a doctor and have them check it out. By doing this, you can get a gauge on your injury and decide who is responsible for the injury.
Homeowner’s insurance
If you decide that your friend, or the condition of that friends’ property, is at-fault for your injury— that’s where homeowner’s insurance comes in. Your friends’ homeowner’s insurance can cover the cost of accidents on the property. As for you? It is technically not your responsibility to cover the cost of an injury that isn’t your fault. While you are aware of this, it can be difficult to ask a friend to compensate for an injury. No one likes to talk money with their friends, but in the event of injury— it can be necessary.
Talking to your friend
One of the most difficult aspects of dealing with an injury on your friends’ property, is coming to them and asking that they compensate for the injury. This could lead your friend to feel betrayed, or that you’re doing this for personal gain. However, you must make them understand that you only need their homeowner’s insurance to cover medical costs. While this might be a difficult conversation to have, and an awkward one at that, it is absolutely necessary when facing injury. Remember that you are not targeting their personal funds, but merely expecting their insurance to assist with cost.
Receiving Assistance
As much as you may not want to handle this situation with your friend, your expenses may demand it. The cost of treating your injuries may become expensive, and affect your livelihood. In that instance, that homeowner’s insurance is not only important, but completely necessary. If you run into the scenario where your friend might not want to help at all, you might have to consult with an attorney. While we hope our friends would do what they can to help, in some cases, that might not be the case. So, we offer our services if you unfortunately might need them. Lastly, we offer our condolences for your lost friendship and injury.
Jun 20, 2018 | Car Accidents, General, Personal Injury
As we enter the summer months, people begin planning for vacation. While some head to the beach or mountains, you may plan to hit both by RV. Although nothing can be more fun than sight seeing across the country in your RV, it does present some obstacles when it comes to RV driving safety. With each new state comes new traffic laws and rules to abide by. But, there are some general rules you can use as a jumping off point. However, depending on where you’re driving, you should check local laws. Just because North Dakota says it’s okay, does not mean Montana is on board…
RV Driving Safety: Following Local and Federal Law
Know Your State
As you hit the road in your RV, be sure to become familiar with the traffic laws in different states. While you’re probably thinking, aren’t they all the same?–the answer is, not quite. For instance, some states allow you to make a right turn at a red light. However, other states do not permit this. So, before you head out, become familiar with basic traffic laws as you pass through different areas.
Trailer Lights
Before hitting the road, you certainly want to do a light check on your RV. Since you’re in such a large vehicle, other drivers will need a warning before you make any moves. Therefore, you want all brake lights and turning signals to be functioning correctly. Also, in the event of bad weather, you want to make sure other drivers can see you clearly. So even after making a quick stop, make sure to do a light check once again just for good measure.
RV Size
One of the lesser known RV rules is that sometimes you may need to carry certain items along with you. Depending on how large your RV is, there may be a requirement about what you need to bring with you. For instance, you may need to carry safety chains or trailer brakes. In order to know the specifics RV rules for your vehicle, check your owner’s manual, and ask the dealer upon purchase.
Seat Belt Safety
While RV’s allow the family to roam while you ride, you still need to remember to wear a seat belt. As a driver, you aren’t exempt from North Carolina’s seat belt law. Or any other state’s law that you may be traveling through. So, wear your seat belt as a number one priority for RV driving safety.
In short, it’s important that you know the RV rules for each state you travel in. While some violations may only make for minor traffic tickets, others can be more serious. No matter the penalty, you don’t want to face these troubles at home, much less out on the road. So before planning your summer trips, brush up on your knowledge of RV rules depending on the states you plan to travel through. You never know what might be that one piece of information you were missing…
Jun 1, 2018 | General, Motorcycle, Motorcycle Accidents
When it comes to motorcycles, passenger car drivers have plenty of complaints. From the sound, how they share the road, and the stigma of how they drive. There’s no doubt about it, your everyday driver likely has a little bit of an aversion to motorcyclists. But, there a few common complaints bikers have for you too…
Common Complaints Bikers Have for Passenger Vehicle Drivers
Driver’s Who Don’t Use Their Turn Signals
One of the most common biker complaints is when driver’s don’t use their turn signals. By using your signals, you give a rider behind your or turning in front of you a heads up. Without it, they must gauge whether you are slowing down or not. Or the only warning they get, is when your brake lights come on right before you stop. This is especially dangerous for bikers because stopping on a dime can be quite difficult— much more difficult than for a passenger vehicle.
Poor Road Conditions
Another cause for biker complaints comes from poor road conditions. As you know when driving in your car, hitting a huge pothole is not fun. For larger vehicles, they can cause some alignment issues and may just be uncomfortable. Now, imagine hitting one on a motorcycle. First, they can be even more uncomfortable and can cause cosmetic and actual damage to your bike. But much more, they are dangerous for bikers. Any type of holes and debris can do a number on motorcycles. Therefore, poor road conditions can pose a huge threat to bikers.
Wiper Fluid Hits Them In the Face
Have you ever been traveling down the road and you have a huge bug hits your windshield. Rather than riding down the road with his guts in plain view, you spray your windshield and have the wipers take care of it. But as you get your window clean, a biker receives a nice wash down from all the fluid that you just washed off. As you can imagine, having a mysterious fluid whip you in the face randomly, is not a fun feeling. Likewise, a leftover cigarette butt that’s flies from the driver’s window and into your face isn’t fun either. These can act as distractions, and make it difficult for the biker to focus in on the road.
Squeezing Them Out
Finally, possibly the most important of common complaints bikers have is that drivers squeeze them out. For the most part, bikers should be making calculated moves when driving through traffic. If they weave through traffic or a stopped intersection, it’s normally for a safer purpose. So when you see them making these moves, and you move over to block them out, it’s frustrating. Yes, bikes are smaller. Yes, they can fit in spaces your vehicle will not be able to fit in. So allow them to do so, and avoid blocking them out. You never know what they’re seeing that you’re not.
These complaints may not mean a lot to car drivers, but bikers are drivers too; they are members of the road as well. So, cooperate. No driver is perfect, and they will make mistakes. But, part of being a good driver means making adjustments and being observant of other members of the roadway. So, drive safe, drive smart, and watch out for motorcyclists.
Mar 19, 2014 | General, Uncategorized
The personal injury and criminal defense attorneys at Reeves Aiken Hightower & Burns LLP are pleased to announce the opening of their newest office in Rock Hill, South Carolina. This is our third office in York County, including our main office in Fort Mill and satellite office in Lake Wylie. Because so many of our clients live and work in Rock Hill, we wanted to have a location that was convenient for them. Our new office is located at 2424 India Hook Road, Suite 200, Rock Hill, South Carolina 29732 near the intersection of Celanese and India Hook Road. We hope that the new location will prove convenient to new and existing clients in the Rock Hill area.
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Jan 14, 2014 | General, News, Uncategorized, Wrongful Death
In each and every South Carolina county, there is a specific probate court. Probate court is simply a different type of system/courthouse, in which a decedent’s estate will enter to distribute the deceased member’s devise’s, residuals, and pay off debts.
The probate courts of South Carolina will have exclusive original jurisdiction over all South Carolina matters involving or related to someone who has passed away estate and all their belongings, including both personal and actual land property. The SC Probate courts moreover are entitled to hear any will contests, the determination of who is considered to be an “heir” entitled to take from the estate, and also any issues with the construction of the will.
Additionally, probate courts are permitted and mandatorily must hear any cases covering the protection of minors, trusts, marriage licenses and any ” involuntary commitments.” S.C. Code 62-1-302(2012.) However, Family Court handles matters of divorce, child custody, and alimony.
So the next obvious question is, what actually happens in this so-called probate court? Accordingly, the parties enter into the court, and after the close of the pleadings, the parties are allowed to remove matters from the probate court to the circuit court( which is the typical courthouse you would be thinking of in your head right now), for all matters involving the “formal” probate of the wills, any actions to try title, trusts with discrepancies, appointments of personal representatives for the estate, and most importantly, any action for more then $5,000 that carry with it the Constitutional protection of a right to trial by jury. S.C. Code 62-1-302(2012.)
What is important to note is that these probate courts do not handle any civil liability claims for fatal perishes, such as wrongful death suits. Wrongful death suits are taken care of in circuit court first, and then appealed up if need be. These claims are different then probate because they concern the matters that caused the death to the decedent. Probate would occur later, after the wrongful action was taken care of, and the estate was ready to be distributed by the probate judge in the county in which the decedent died, had property, or left property.
If you have any sort of familial issues, such as the one listed above, and a wrongful death action took place, contact the attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on how we can help you with your case.
Jan 6, 2014 | General, Uncategorized
According to South Carolina’s precedential law, the only way for an insurance company to void or to avoid an unfair or unjust life insurance policy is to have something called ” misrepresentation” at play.
In order for there to be misrepresentation, there mist be six elements first met:
” (1) the statements complained of were untrue, (2) the statements falsity was known to the applicant, (3) they were material statements, ( meaning in modern terms, not common law, that if the risk was increased and actually contributed tot eh loss, it was material enough to fit the third prong), (4) the carrier relied on the statements, and (6) the insurer must challenge the truthfulness of the application within the first two years of the application being submitted.” S.C. Code Ann. 38-63-220(d)(2002.)
If all the elements are met, and the two year statute of limitations has not yet run, then the insurance company is well within it bounds to make a claim that the insure lied about a material fact that increased the risk of the problem in the first place.
So, for example, a insure lies about being a smoker, and then one day keels over from lung cancer. The misrepresentation to the insurance company that the insured did not smoke was so material that it actually increased or caused the risk.
This would be a perfect example of why it is never right to lie tot he insurance companies on what you do. With the new health bill being threatened, most people are afraid as it is to even talk about life insurance. However, that does not mean that the life insurance company would necessarily pay out, as seen in the example given above.
Our attorneys at Reeves, Aiken, and Hightower, LLP have worked on both ends of the insurance spectrum, both for and against them. If you find yourself in the aforementioned situation, you ma have claim for bad faith, and so may the insurance company. If that if the case, contact us today at 877-374-5999 toll-free for more information.
