Dec 18, 2013 | Motorcycle Accidents, Personal Injury, Uncategorized
A man from Indian Land has been pronounced dead after a terrifying motorcycle accident in Lancaster County. According to the police 
reports, the 68-year-old was riding a 2007 Harley Davidson westbound on South Carolina’s Highway 903 after 12:45 p.m.
He was traveling at the posted speed limit when all of the sudden he tipped over or “spilled” from the motorcycle. No sources have been able to state yet why the man was unable to stabilize himself throughout his route.
What witnesses have stated, however, is that the man had been riding motorcycles for almost 50 years and was considered one of the most experienced riders in his community.
The resident retired at Sun City Lakes adult retirement community, where he had a reputation for riding. He was active in activities both in and outside of the retirement facility.
People who knew him spoke well of him, but always made mention of his love for riding motorcycles, and how safe and careful he always was when traveling on his bike. Further, at the time of the accident, the man was wearing his helmet.
The actual cause of death is still yet to be determined; however the man was pronounced dead on scene, so he most likely suffered very little. Officials are working diligently to determine the exact cause of death.
What is important to note about this particular story is that even the most experienced riders can have fatal accidents while driving their motorcycle. Thus, extra safety precautions are always a must, as they may reduce the likelihood of serious injury or even worse, death. If it is determined that someone else was at fault, the family of the rider may have a wrongful death claim for the other driver’s negligence.
Sometimes, no matter how many safety precautions you have taken, accidents are unpredictable and sometimes, unavoidable. If you, or someone you know has been involved in any sort of serious motorcycle accident, contact the attorneys at Reeves, Aiken, and Hightower, LLP to discuss your case at 877-374-5999. The initial consultation is free, and our experienced motorcycle accident attorneys are personally available to help fight for the compensation you deserve.
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.
Dec 11, 2013 | Car Accidents, Personal Injury, Uncategorized
The family of a man who was killed in his home this past year, is having to deal with another tragedy after the man’s nephew was killed in a motorcycle accident on the way to the deceased man’s 
memorial fundraiser. Police report that the man was riding a motorcycle on N.C. Highway 55 when he was rear-ended by a Jeep.
While the tragedy occurred that morning, the family still got together for the memorial service, which was to be a motorcycle ride in his memory. About eighty riders participated in the ride; however, unfortunately they also had to pay tribute to the nephew as well.
This terrible tragedy unfortunately resulted in the death of two people in unrelated accidents. Our hearts go out to the family and friends of the deceased in these situations. If you or a loved one has been involved in a personal injury as a result of riding in a motorcycle, automobile, or truck, call the law offices of Reeves, Aiken & Hightower, LLP.
We have motorcyclists in our office, and we understand the inherent dangers of riding. However, much of the time, when there has been an accident involving a motorcycle, it is not the fault of the rider. The problem is, that the rider, because they have no protection, are the ones who suffer the bulk of the injuries.
So, if you or someone you know has been involved in a collision, call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can call our Charlotte, North Carolina office at 704-499-9000, or if you have been involved in an accident in South Carolina, call us at 803-548-4444, or toll-free at 877-374-5999. We understand how such a tragedy can alter your life, or the life of the people you love, and we are here to help.
Dec 10, 2013 | Car Accidents, Personal Injury, Uncategorized
A 28-year-old South Carolina man was charged with felony driving under the influence after a head on collision with another car on New Years Day. The accident resulted in the death of the other driver. The
accident occurred at around 7:10 a.m. in the morning.
The alleged drunk driver suffered only minor injuries in the wreck, but the accident proved fatal for the other driver. Drunken driving accidents cause entirely too many injuries on South Carolina roads. While the state of South Carolina will seek criminal justice on behalf of state interests, an accident victim, or their family can seek further justice through civil court.
In order for a driver to be responsible for an injury in South Carolina, it has to be proven that they were negligent in some way. The elements of negligence in South Carolina are as follows: (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty by a negligent act or omission; and (3) damages proximately caused by the breach.
A duty of care is the standard of conduct the law requires of an actor in order to protect others against the risk of harm from his actions. It adheres to the principle that the plaintiff should not be called to suffer harm to his person or property which is foreseeable and which can be avoided by the defendant’s exercise of reasonable care. The duty to act may arise from statute, contract, relationship, status, property interest, or some other special circumstance.
The plaintiff must also show that the defendant did not use the amount of care one ordinarily would have under the circumstances. If the plaintiff shows a duty arising from a statute and the defendant violated a statute, the element is met by proof of negligence per se. In a medical malpractice action, the plaintiff must show that the defendant departed from the recognized and generally accepted standards, practices and procedures.
Next, the plaintiff must show the breach of duty was the proximate cause of the injury. The South Carolina Supreme Court has said that causation requires proof of (a) causation in fact, and (b) legal cause. Causation in fact is proved by establishing the injury would not have occurred but for the defendant’s negligence. Legal cause is proven by establishing foreseeability.
Therefore, if you or a loved one has been injured in an accident come to the law offices of Reeves, Aiken & Hightower, LLP for a consultation. We can make the determination as to whether there has been negligence in your recent car accident. Call us at our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Dec 9, 2013 | Car Accidents, Personal Injury, Trucking/Tractor-Trailer Accidents, Uncategorized
Early this morning in the wee hours between about 4:30 a.m. and 5:00 a.m., a tractor-trailer was involved in an accident with two other vehicles, causing personal injuries for the persons in the sedant hat was hit.
According to the DOT, the tractor-trailer had been driving down Interstate 81 and made his way onto 77 and then to 321, when the accident occured. The roads were slick and as the tractor-trailer rounded the corner, he over-corrected his vehicle, ramming it into two other cars. The tractor-trailer then flipped on its side, when it stayed for what seemed like hours with the driver pinned inside. The other two drivers were pushed off to the median.
Only one of those drivers suffered serious personal injuries, and had to be rushed to the hospital via helicopter for immediate assistance.
The rule in South Carolina is that the plaintiff’s negligence must not exceed that of the defendants. So, in a case where a jury determines that the plaintiff and the defendant split fault exactly 50-50, the plaintiff will receive 50% of damages. If the plaintiff is the least bit more at fault than the defendant, the plaintiff is barred from recovery. This rule is called the 51% bar. In a multi-party lawsuit, the plaintiff’s negligence must not exceed the combined negligence of the defendants. So, even if there is no defendant individually responsible for the 51% negligence, the plaintiff’s claim is not barred.
This is a much easier bar than North Carolina. North Carolina adheres to the Contributory Negligence standard which states that if the plaintiff is found to be 0.00001% at fault, his claim is barred. Here, a North Carolina case may prevail on the fact that the driver was “reckless, willful, and wanton.”
If you have been injured in an accident in North or South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation toll-free at 877-347-5999.
Dec 4, 2013 | Car Accidents, Personal Injury, Uncategorized
Two serious injuries were suffered after a vehicle collision that occurred in North Charlotte. Charlotte-Mecklenburg police reported that the two pedestrians who were injured were hit on West Sugar Creek Road just off the I-85 ramp by a truck that was entering the ramp entrance.
The two victims were taken to a local hospital with serious injuries. One of the victims reported to have a fractured leg. They were taken to CMC Main, and officers spent a few hours attempting to clear the scene. No charges have been filed at this point.
Contributory Negligence in North Carolina
In many states throughout the US, the pedestrians in this scenario would likely recover something if they were not the ones who were primarily negligence. In some states, like our neighbor to the south, there is a system of recovery in personal injury suits called comparative fault, or comparative negligence. Under this system, or theory of negligence, the plaintiff will recovery if they are less than 50 percent at fault. If the plaintiff is 51% or more at fault, they will not recover. This is a sensible standard and leaves room for the possibility for recovery when someone has still exhibited a small amount of negligence in a particular situation.
However, in the state of North Carolina, the stringent standard of contributory negligence is theory by which the state adheres. Under this negligence system, if a plaintiff if found to be at fault, in any way at all, they will be barred completely from recovery. The level of fault could be as low as 0.01% fault of the plaintiff, and they are left with NO recovery. The only defense to contributory negligence is if it is proven that the defendant had the last clear chance to avoid the harm, and did not.
For example, a plaintiff has edged his car out into the road slightly as he is attempting to make a left turn. He is technically negligent due to the fact that he is a bit too far into the road into which he is attempting to turn into. A defendant is texting while driving, not paying attention, and hugging the shoulder. He looks up from his phone and sees that the plaintiff’s car is pulled out a bit too far. However, he is over the white line, and a reasonable person in that situation would be able to avoid the harm, and he doesn’t smashing into the slightly negligent plaintiff. Under the theory of contributory negligence, the plaintiff may recover because the defendant had the last clear chance to avoid the harm and did not. However, the plaintiff would surely recover in a comparative fault state.
In the story above, if the pedestrians who were hit were planning on bringing suit, they would have to illustrate to the court that they were not negligent at all, or that the defendant had the last clear chance to avoid the harm and did not.
If you or a loved one has been injured in an accident, whether it be as a pedestrian or as a driver in a vehicle, call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. We can determine, with the help of the reports, whether negligence was at hand, and whether someone should answer for the injuries that were caused. Call us for a confidential consultation at our Fort Mill, South Carolina office at 803-548-4444, or at our Charlotte, North Carolina office at 704-499-9000, or toll-free at 877-374-4444. We will be happy to assist you with your legal predicament.
