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 9, 2013 | Car Accidents, Criminal Defense, Uncategorized
We have all heard the infamous story where someone hit a pedestrian and then flees the scene. Or consider the other scenario, where a drunken driver hit another vehicle, and then leav
es the crime scene prior to the police arriving to arrest him. We also all know that the penalties can be severe for these actions, especially if someone suffers great bodily injury or even worse-death.
However, what does the state of South Carolina say when a person hits an unattended vehicle: to common “hitting a parked car scenario.” According to SC SECTION Code 56-5-1240, there are duties the driver involved in an accident, where there is an unattended vehicle, mandatorily imposed on the defendant. S.C. SECTION Code 56-5-1240
Specifically, the statute lays out that the driver of any car while collides with another, while the other car is unattended or parked, shall immediately stop their vehicle and either locate the owner/operator of the vehicle, or leave a conspicuous note. Id.
In other words, if you hit a parked car, you are required by law to leave a note somewhere that the victim can plainly see, such as on their windshield, stating your name, address, how they can contact you, and the circumstances of the situation. Id.
Hitting a parked car while intoxicated, then leaving the scene of the accident is a bad idea; most people do so in fear that they will be arrested. If you have been accused of the aforementioned crime, then contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on how we can help with your case.
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.
Dec 4, 2013 | Criminal Defense, DUI & DWI, Uncategorized
Your Second or Subsequent DUI Offense:
If the event that you have been charged with a second or subsequent DUI, you may be forced to surrender your registration to your vehicle, including the license plates on any vehicles you may own.
If you are then convicted of the subsequent DUI, you can be required to spend anywhere from five to 30 days in jail, pendent on the driver’s BAC level at the time of arrest. In this event, the State’s legislature has now removed the possibility of substituting community service in lieu of a jail sentence for second time offenders.
If it is your second DUI, and your BAC level was .08 or higher, then there is a mandatory jail sentence of at least five days, but it could extend to a full year. The fine for these sentence will be anywhere from $2100 to over $5000.
If the offender’s BAC level is between a .1 and .15, he will face a mandatory jail sentence time of at least 30 days, but it could extend to 2 years. This fine can be over $5,500.
In the event that the BAC level is .16 or above, the offender is going to spend at minimum 90 days in prison, and up to 3 years depending on exterior factors. This fine will be anywhere from $3,500 to a whopping $6,500.
If you have just be charged with your first, second, third, and so forth, then contact the DUI Defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options and possible outcomes.
Dec 3, 2013 | Criminal Defense, DUI & DWI, Uncategorized
Temporary Suspension on your license in SC:
In the state of South Carolina, after you have received six points on your license, you will receive a warning letter from the SCDMV stating that you need to be more careful when driving, or in other words “stop being a reckless driver!” After you receive 12 points, then you may have your license temporarily suspended.
You must immediately surrender your license over the DMV, or else you will be fined heavily and possible placed in jail under contempt until you surrender your license.
The more points that you accumulate after 12, the longer your suspension time will be.
Accordingly, South Carolina dictated the following: “12 -15 points: three months suspension; “16 -17 points: four months suspension; “18 – 19 points: five months suspension, and lastly, “20 or more points: your license will be suspended for six months.”
However, things can still get worse; you may have your license suspended immediately if a certain violation is committed.
Immediate Suspension on your license in SC:
As stated above, certain driving violations will force you to surrender your license immediately over to the DMV or perhaps the arresting officer.
Most of the “immediate suspension” revocations occur when a DUI of some degree has occurred. The SCDMV has listed the following DUIs as violations requiring an automatic suspension/revocation: “1st Offense of a DUI: results in a six-month suspension; ” 2nd offense of a DUI: results in a one year suspension;” 3rd offense DUI: results on a three-year suspension.”
Moreover, of an automobile owner is driving while uninsured, he may have to immediately surrender his license and pay a fee of $550 dollars. In South Carolina, of you fail to obtain an, SR-22 insurance policy (if required), result in a suspension and reinstatement fee $400.
If you are convicted of a DUI or for having too many points on your driver’s license, then you should contact an attorney to help you with the complex system. Contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options.
