Jun 21, 2012 | Car Accidents, Personal Injury, Uncategorized
In South Carolina, the rule is comparative negligence: 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.
There are a few wrinkles to the comparative negligence rule though.
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 rather than the 50.000…001% bar because 51 percent bar is easier to say.
What happens when there are multiple parties? In multi-party suits, the plaintiff’s negligence must not exceed the combined negligence of the defendants. So, even if there is no defendant individually responsible for 51% of the negligence, the plaintiff’s claim is not barred.
Is it an affirmative defense or is the burden on the plaintiff? It turns out that, although contributory negligence was treated as a defense, comparative negligence generally acts as a burden on the plaintiff. In South Carolina, the burden is on the plaintiff to prove that the defendant was negligent by a preponderance of the evidence. The defendant can of course offer evidence that they were not negligent, but they can also offer evidence that the plaintiff was negligent as well. Ross v. Paddy.
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The post is continued below the fold:
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Jun 19, 2012 | Personal Injury, Uncategorized
Perhaps unfortunately for those who have been injured, an injury is not enough to have a good claim. In addition to an injury, a defendant must be liable in some way. The most common claim is that of negligence. There are several defenses to the negligence cause of action and the more popular ones are discussed below:
Attacking the Negligence Claim Itself
The defendant has two avenues of attack against a claim. The defendant can attack the plaintiff’s claim of negligence or the defendant can plead affirmative defenses, such as comparative negligence and assumption of risk, which are listed and discussed below.
The claim of negligence itself basically consists of the claim that the defendant did not act with reasonable care and that lack of care caused the plaintiff’s injuries.
The defendant can attack this claim in various ways:
- The defendant can argue that the law did not require him to act carefully toward the plaintiff.
- The defendant can argue that he or she did act with reasonable care.
- The defendant can argue that his or her actions did not cause the plaintiff’s injuries, and
- The defendant can argue that the plaintiff’s injuries are not the kind the law would require the defendant to pay for.
In addition to attacking the standard elements of negligence, defendants are also able to argue for some modification of the elements, if the law allows. For example, defendants can sometimes argue that the plaintiff had a special status that allowed the defendant to exercise a lower level of care in relation to the plaintiff than would otherwise be required by law. But in turn, plaintiffs can sometimes argue that due to the relationship between the parties there is a higher level of care, e.g. common carriers like airlines and bus lines owe a duty of utmost care to their passengers.
Comparative Negligence
Comparative negligence is the legal doctrine that defendants should not be responsible for the damages caused by the negligence of the plaintiff. So, when the plaintiff’s injuries are partially caused by the plaintiff’s own negligence, the plaintiff’s recovery is limited to the extent of the plaintiff’s own negligence.
Due to the relative importance of comparative negligence, it has its own page.
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Jun 9, 2012 | Brain Injury/Head Trauma, Car Accidents, Motorcycle Accidents, Personal Injury, Uncategorized, Wrongful Death
I was on the way to work yesterday morning. The sun was out. It was going to be a light day at the office. Everything just seems better on Friday. Traffic was typically congested for that time in the morning. As I was about to change lanes, I observed, thankfully, a motorcyclist speeding and weaving through cars. Frankly, I almost pulled out in front of him. As a motorcycle accident attorney, I know full well what can happen when a car abruptly pulls out in front of someone riding on a motorcycle. Motorcycle accidents frequently result in serious personal injury, brain or closed head injury, and even death. I know. This is what I do. But here, in this case, the motorcyclist seemed to have no care or concern for his own safety. He was wearing all black clothing which seems to make him disappear in my rear view mirror. At least, he was wearing a helmet, but again, it was all black. He was not watching out for cars. Instead, he was darting in and out of lanes and coming dangerously close to moving traffic. He was also wearing a heavy book bag which can easily shift and cause a loss of control. Fortunately, he made it to his exit and left the interstate. I can only hope he made it to wherever he was going so fast.
Even though I represent injured and killed motorcyclists for a living, I would happily do anything else if only people would be safe on the road. Motorcyclists and their passengers are particularly susceptible to injury as they have no benefit of safety belts or airbags. Instead, in serious accidents, their bodies simply fly through the air until they land in the road or strike an object. And, they are propelled unprotected at whatever speed their motorcycle was traveling at the time of accident. Serious bodily injury and death are often the result. When I was an ICU Registered Nurse (RN), the motorcycle accident victims that I treated almost always broke bones or lost a body part.
Motorcyclists know they are never totally safe when on the road. However, to be as safe as possible, always wear bright colors with reflective strips for night driving. Always wear a DOT approved helmet with reflective strips. Always watch for traffic changes. And always anticipate bad driving by other drivers. Have an escape plan at all times. Know where you will go if someone pulls out in front of you or changes lanes without seeing you. Assume you are invisible to other drivers and never dart in and out of lanes. It is always safer, and frankly, more fun to ride alone. But, if you must have a passenger, instruct them before you head out how to ride with you and not against you. Keeping these basic safety tips in mind throughout your travel will help keep you alive and get you home safely. That’s all anyone wants. Ride to live. But live to ride again.
If you or a loved one has been seriously injured or killed in a motorcycle accident, please visit our website at www.rjrlaw.com to learn more about your options and our lawyers’ credentials. For a private consultation with any of our attorneys, please call us directly at 877-374-5999 toll free. Our practice is state wide. We will come to you. Try not to worry. We are here to help. This is what we do. Call today.
May 28, 2012 | Brain Injury/Head Trauma, Car Accidents, Personal Injury, Uncategorized, Wrongful Death
This article published less than a year ago is very informative about which counties in SC are the most and least safe, at least statistically. The good news is that overall safety is trending higher in SC. Of course, each time you get behind the wheel is independent of any statistics, and each of us controls our own safety awareness and driving habits. If only everyone practiced what we were taught when learning how to drive. Focus on the road. Miminize distractions. Never drink or drive while impaired. Next text or use your cell phone. Always watch out for other drivers and have an “escape plan” if someone else comes into your lane. This Memorial Day weekend, please be safe and keep your family our of harm’s way.
The personal injury attorneys at Reeves, Aiken & Hightwower LLP wish you and your family the very best holiday as we all honor those who serve and protect our American freedoms. We stand ready to help if you are involved in a serious accident. For more information about our lawyers and their credentials, please visit our website at www.rjrlaw.com. Compare our credentials to any other law firm. Then call 877-374-5999 for a private consultation. Don’t worry. We are here for you.
Chance Of Being In Fatal Accident Greatest In 5 SC Counties
In 2009, traffic deaths in SC were more likely to occur on rural roads.
By: Kris Hummer | AAA
Published: August 02, 2011
CHARLOTTE, N.C. –Traffic deaths in South Carolina in 2009 were more likely to occur along rural roads, according to an analysis by AAA Carolinas.Lee, Marlboro, McCormick, Clarendon, and Williamsburg Counties top AAA’s list of dangerous counties for 2009 fatalities, the latest year for which statistics are available. These five counties represented seven percent of 2009 traffic deaths but only three percent of the state’s total vehicle miles traveled.Rural roads are generally narrower, with lower shoulders, faded or non-existent road markers, more curves and less police presence than major highways.“SC Department of Transportation is committed to making our roads as safe as possible through engineering and education,” said Transportation Secretary Robert J. St. Onge, Jr.“ Motorists can do their part by slowing down, paying close attention, never drinking and driving, and always wearing their seat belts, which is their best defense if they’re in a crash.”
Lee County was the most dangerous for being killed in a traffic collision in 2009, according to the crash analysis. Lee County roads logged a fatality rate of 4.5 deaths per 100 million vehicle miles traveled compared to the statewide fatality rate of 1.83 deaths per 100 million vehicles miles traveled.
Additionally, .Lee County had 1.7 percent (16) of the state’s 894 traffic fatalities while carrying only .7 percent of the vehicle miles traveled.
South Carolina traffic deaths dropped by 2.9 percent in 2009 to 894 traffic fatalities from 921 fatalities in 2008.
In 2008, SC was ranked the third most dangerous state per mile driven with a fatality rate at 1.86 per 100 million vehicle miles traveled, according to Fatality Analysis Reporting System (FARS). NC was ranked 18th most dangerous state in same analysis. The 2009 rate for SC was 1.83, a small improvement from 2008.
Safest counties in SC were: Calhoun for all collisions, Jasper for traffic injuries and Newberry for fatal crashes, according to the AAA ranking.
“It is gratifying to see the decrease in fatalities but dismaying to note that more than two still people die every day on SC roads,” said David E. Parsons, CEO and president of AAA Carolinas.
The deadliest county for the total number of fatalities was Horry (Myrtle Beach), where 64 individuals were killed in traffic accidents in 2009. This represents 7.3 percent of the state’s total traffic fatalities while the county logged nearly six percent of all vehicle miles traveled.
McCormick and Oconee Counties have the highest percentage of crashes and injuries from motorcycles for 2009.
AAA Carolinas’ annual Dangerous County analysis, inaugurated in 1995, is one of several ways to look at SC traffic crash data and done to remind motorists in the state the need for safe and defensive driving.
Dangerous counties are ranked based on the likelihood of a certain type of crash based on total vehicle miles driven. Counties are listed in order of 2009 ranking.
All crashes: Greenville, Charleston, Richland (Columbia), Pickens and Greenwood
Injury crashes: Greenwood, Sumter, Marlboro, Florence, and Lancaster
Fatal crashes: Lee, Marlboro, McCormick, Clarendon and Williamsburg
For all vehicles in SC the total number of crashes decreased less than one percent to 106,863 from last year’s 107,252, and injury crashes increased less than one percent to 31,086 from 31,053 in 2008.
The safest counties in 2009 for all motorists, with the smallest percentage of accidents per mile driven, were:
All crashes: Calhoun, Fairfield, Jasper, Allendale and Clarendon
Injury crashes: Jasper, Calhoun, Newberry, Clarendon and Allendale
Fatal crashes: Newberry, Spartanburg, Richland (Columbia), Dillon and Beaufort
May 19, 2012 | Brain Injury/Head Trauma, Car Accidents, Personal Injury, Uncategorized, Wrongful Death
In this followup article, we learn what happens after a BUI involving serious injury or death – civil lawsuits. The legal standard in criminal cases is very high. The state must prove guilt “beyond a reasonable doubt.” In civil cases, the burden of proof required is much lower. The plaintiff must show 0nly a “preponderence of evidence.” The attorneys of Reeves Aiken & Hightower LLP always supports safe and responsible boating on the water. Whether you are on the lake or off the coast, please aware of the enhanced risk of serious injury or death due to alcohol. Between the heat, humidity, engine noise, and “roll of the boat,” the effects of drinking are much more pronounced, and you can become legally “impaired” much more quickly with the same amount of alcohol that you may normally drink. Have a great summer. But, please be safe. Always watch for other boaters and swimmers in the water. Get back home to your family.
If you or someone you love is injured while boating, we invite you to consider our firm and what we offer. You should carefully compare lawyers’ credentials and abilities. For more information about our firm and experienced trial attorneys, please visit www.rjrlaw.com. Then call us for a private consultation at 877-374-5999.
It was an evening made for boating, warm and welcome after a cool spring. Friends Kelli Bullard, 25, of Lexington and Amber Golden, 24, of Woodville, Ala., were among those with spring fever cruising Lake Murray last May 1. They were on Lucky Strike, a boat operated by Robert Christofoli of Lexington, Golden’s fiance. Also on board was Bullard’s boyfriend, Colt Lax of Lexington. Steven Kranendonk, 25, was on the water, too, that night, driving his father’s boat, Peacemaker, with three passengers. Then, their paths crossed in a deadly collision that killed Bullard and Golden and injured Christofoli and Lax. Three lawsuits shed possible light on what happened before and after that accident, alleging it occurred after Kranendonk consumed alcoholic beverages throughout the day. After a stop at a lakefront restaurant, the lawsuits say, Kranendonk’s boat was traveling close to Susie Ebert Island about 11 p.m. Kranendonk saw the Lucky Strike’s lights ahead and noticed the boat on navigation equipment beforehand, according to law enforcement reports and the lawsuits. Still, his boat slammed into the side of the boat and went over its top. Kranendonk kept going after the crash.
The lawsuits claim he stopped at an unnamed marina, where he and unidentified passengers removed alcoholic beverages from the boat before law enforcement located him. Christofoli, Lax and Bullard’s mother, Paula, are seeking damages from Kranendonk in civil lawsuits separate from the criminal charges. Kranendonk, who lives near Irmo, is charged with two counts of felony boating under the influence of alcohol in connection with the deaths and one count of boating under the influence with great bodily harm for a crash survivor who was injured. It’s likely he won’t go to trial on those charges for months.
State Natural Resources officials won’t say so far whether their investigation came to conclusions similar to those alleged in the three lawsuits. “At some point, we’ll get into all that, but we can’t yet,” agency spokesman Robert McCullough said. Tests show Kranendonk’s blood-alcohol level exceeded 0.11 percent, above the 0.08 percent reading considered impairment in operation of a boat, according to his arrest warrant, newly made public. One of Kranendonk’s lawyers says the portrait in the lawsuits is part of a series of events that are yet to be revealed fully.“My client and his family understand that his tragic accident has impacted many lives,” said Jonathan Harvey, Kranendonk’s lawyer for the criminal charges. “I am confident that when the entire matter is presented, not just allegations from a lawsuit, that the entire accident will be placed in its proper perspective.” The lawsuits outlining the alleged activities before and after the crash also seek damages from Kranendonk’s father, Michael, the boat’s owner. Christofoli also is seeking damages from the Rusty Anchor restaurant in Ballentine, alleging it served alcohol to Kranendonk shortly before the crash. Christian Stegmaier, the restaurant’s lawyer, declined comment.
Robert McKenzie, the lawyer for both Kranendonks in the damages lawsuits, is seeking to prevent allegations about alcohol consumption and removal of beverages from the boat from being used in court proceedings. Those claims are “extremely prejudicial” and irrelevant, he said. Only the results of the blood-alcohol test and the way it was given should be considered, he said. In lawsuits involving damages, there is “a lower burden of proof” than for criminal charges, according to Dick Harpootlian, an attorney and former prosecutor who is not involved in the matter. “A lot of evidence not admissible in a criminal case as a violation of rights and prejudicial can be usable in a civil case (seeking damages),” he said. Those seeking damages prefer criminal charges be settled first, since details from those proceedings can be used to bolster their efforts, he said. For Kranendonk, it’s unclear whether the criminal charges or civil demands for damages will be decided first.
Christofoli declined to discuss the crash. Efforts to reach the other victims and their attorneys — Ashby Jones for Bullard and Lax and Brad Hewett for Christofoli — were unsuccessful last week. The accident was one of two fatal crashes in the northeast corner of the lake that occurred minutes apart May 1, spurring concerns about increasing dangers after sunset on the 47,500-acre lake. In the other collision, Steven Miller of Irmo is charged with two felony counts of boating under the influence of alcohol. He drove a jon boat carrying Matthew Kyle Howk and Randall Carter, both of whom died after a collision with another boat operated by David Porth. Porth also is charged with boating while under the influence. No lawsuit for damages has been filed in that crash. Legal proceedings for Miller and Porth are pending.
Read more here: http://www.thestate.com/2011/02/06/1680951/flach-540-0209.html#storylink=cpy
May 7, 2012 | Brain Injury/Head Trauma, Car Accidents, Personal Injury, Uncategorized, Wrongful Death
We should all remember to watch out for other drivers, motorcyclists, bicyclists, and pedestrians on and off the road. With all of the distractions available to us (radio, cell phone, texting), it is easy to “look away” for a moment. Sadly, that one brief moment can change your life and the lives of others in an instant. We all have the same goal – to get home safely.
The injury and accident attorneys of Reeves, Aiken & Hightower LLP wish everyone a safe journey back to your loved ones. We support all safety programs and reminders to be alert and aware when driving, cycling, or walking on our roadways. If you or someone you love has been injured as a result of someone else’s moment of inattention, we can help. Our trial attorneys have over 70 years of combined legal experience. For more information about our firm, please visit www.rjrlaw.com or call us directly to speak with one of our attorneys at 877-374-5999.
