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 7, 2013 | Criminal Defense, General, License Revocation, Uncategorized
According to both South Carolina law and the South Carolina Department of Transportation (SCDOT) have agreed that after a dozen (12) points on your license, it shall be suspended. The length of time for each person will be different, according to your previous record, and amount of points previously accrued.
South Carolina states the following for suspension times: “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.”
After you have reached half of the allotted points on your license, which is 6, you will most likely receive a letter from the DMV, “advising you to drive more carefully.” In other words, the SCDMV is warning you that if you continue on the path you are with traffic violations, then your consequences may be grave and your driving privileges could be suspended.
However, after you have obtained 12 points on your license, you are ordered to immediately surrender your license over the DMV. If you do not do so, you will have to pay a large fine or maybe even go to jail.
This is the same response if one refuses to blow into a breathalyzer when they get a DUI. According to the implied consent laws of South Carolina, having a license is a privilege and not a right. Therefore, once you get a license, you have consented to surrendering your license in the event that you refuse to blow into a breathalyzer when pulled over for suspicion of a DUI. If it turns up you are over the legal limit, you will also lose your license.
If you are convicted of a DUI for the implied consent laws of South Carolina, 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.
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.
Nov 4, 2013 | Car Accidents, Uncategorized, Wrongful Death
According to WYFF news, a woman, who was driving under the influence of pain medication, struck and killed a Department of Transportation worker as she was driving home. The man was rushed to the 
hospital; however, he was pronounced dead three hours later. The woman states that she did not remember the accident and has further stated that she thinks it may have been from the head injury she sustained, and not the medication.
In South Carolina, if it is found that a driver was under the influence of drugs or alcohol, they will be charged with a DUI as a result. Further, if the offender has killed or injured someone as a result of an accident while they were impaired, that person may be liable to the victim, or the victim’s family. The victim’s family will be compensated through the Wrongful Death Statute.
Law in South Carolina allows the wife and children of the deceased worker to bring a civil suit for wrongful death. Wrongful death occurs whenever someone has been killed as a result of reckless behavior, negligence, or an intentional act. A claim for wrongful death can help to compensate an immediate family after incurred medical expenses of the deceased, funeral expenses, loss of financial support, mental anguish, and loss of consortium. Further, the law allows for punitive damages if the defendant acted “reckless, willful, or wantonly.”
If a family member has been killed in a wrongful death accident in the state of South Carolina, call the law offices of Reeves, Aiken & Hightower, LLP. You can reach us at our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
