Nov 14, 2013 | Car Accidents, Personal Injury, Uncategorized
A Charlotte, North Carolina man, who was driving while impaired on an icy portion of Tyvola Road, caused a collision that resulted in the death of a 20-year-old woman. Police report that the 23-year-old man was driving while
intoxicated in his Nissan Frontier truck when he lost control near the confluence of Interstate 77 and Tyvola Road, ultimately striking a tree. The woman was pronounced dead at the scene, and the other occupants of the truck were transported to Carolina’s Medical Center.
The man was found to have been drinking, and therefore is facing criminal charges. However, he will likely face civil charges as a result of the accident as well. If a person is injured as a result of someone else’s negligence or mistake, they may be entitled to monetary compensation. North Carolina Courts may award injured plaintiffs medical bills, property damage, lost wages, and pain and suffering.
Also, Courts may also order the liable party to pay for the victim’s loss of companionship, or loss of enjoyment of life (loss of consortium). In some cases, Courts may even award Punitive Damages, or punishment damages for willful, wanton, or reckless conduct. Costs concerning medical bills, or property damages may be easily ascertained; however, other damages can be difficult to quantify.
If you or a loved one has been hurt or killed in an accident, contact the law offices of Reeves, Aiken & Hightower, LLP to speak with a trained and experienced attorney equipped to handle personal injury claims on behalf of injured parties. Contact us for a confidential consultation so we can begin to assist you with your claim and make sure the responsible party is accountable for all of the damages.
You can reach our Charlotte, NC office at 704-499-9000 if you have been injured in North Carolina, and our Fort Mill, South Carolina office at 803-548-4444 if you have been injured in South Carolina.
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 11, 2013 | Motorcycle Accidents, Personal Injury, Uncategorized
A motorist in South Carolina has been charged after allegedly fleeing the scene of a motorcycle accident.
Witnesses report that the man crashed his vehicle into two motorcyclists, injuring one of them to such an extent that his leg had to be amputated. The man was initially charged with DUI charges; however, these have been dismissed.
The DUI charge was dismissed after a magistrate judge found that they were not supported by probable cause. However, hit-and-run charges remain, and this will be further examined by a grand jury. The man was arrested outside of a bar on the night of the accident, when he told patrons of his involvement in the accident, and that he had been drinking subsequently. The patrons, however, could not say how much the man had consumed.
A blood sample was taken from the driver, but these results have not been made available at this point. Two motorcyclists were hit by the car, and they were both seriously injured. One rider, as stated previously, had a leg amputated, and the other suffered multiple broken bones.
When you are a motorcyclist, it is important to understand that you may be exposed to more inherent dangers on the road.
The major issue is that a motorcyclist is more exposed to dangers than vehicles because they do not have a protective structure around them. Further, it is more difficult to see riders.
If you or a loved one has been injured in a motorcycle accident, call 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.
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.
