Jul 30, 2012 | Car Accidents, Uncategorized
Let’s talk about what it means to be “upon” a vehicle, says the SC Supreme Court in recent case Farm Bureau v. Kennedy. The case generally hashes over what it means to be in a car or truck under underinsured motorist (UIM) car insurance policies and the public policy governing these cases.
In the business owner’s Farm Bureau auto insurance in this case, for a personal injury to be covered by the policy the person injured must have been occupying the insured vehicle at the time of injury. This is generally true of such car insurance policies. The car insurance contract helpfully defined occupying as “having actual physical contact with an auto while in, upon, entering, or alighting from it.” If you think that adds much meaning to “occupying,” let us know in the comments.
Generally, it is pretty obvious whether someone is occupying the relevant vehicle. Those are the easy cases. In this case, the plaintiff had actually been leaning on the tailgate of the insured vehicle (occupying the vehicle by being upon the vehicle) right before a truck was coming straight for him. He then fled the path of the truck. He came into contact with the insured vehicle again when the truck from which he was fleeing pinned him against the insured vehicle.
Farm Bureau argued that the injuries occurred after he lost contact with the vehicle, and since he was not upon the insured vehicle, he was not a covered person under the UIM policy.
The plaintiff argued that to expect a person to not flee danger or forfeit their insurance coverage is unconscionable, and for that reason, the plaintiff should be a covered person.
The Court agreed with the plaintiff and argued that UIM coverage must be read broadly, for reasons of public policy, and that the UIM statute may prevent the reading of the contract offered by Farm Bureau.
The full opinion is appended below the break.
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Jul 28, 2012 | Boating Accidents, Brain Injury/Head Trauma, Car Accidents, Uncategorized, Wrongful Death
Just as summer is heating up, so are patrols by law enforcement to try and stop people who may be “boating under the influence” (BUI). Law enforcement around the country is gearing up for Operation Dry Water which to crack down on BUI’s on the water. The goal of this enforcement is to increase safety on the water so that this recreational activity can be enjoyed with less fear of “drunk boaters.” Just as serious as drinking and driving, so is drinking and operating a boat. The potential legal consequences as well as the safety of others on the water are essentially the same. Recent statistics show that up to 16% of boating fatalities result from boating while under the influence. Sadly, almost any accident involving other boats or swimmers almost always results in serious injury and/or death. There are no seatbelts or airbags on a boat. At a minimum, people suffer broken bones.
If you have had a couple drinks and feel as though you should not operate a motor vehicle, the same applies to the operation of a boat. The article below is a stark reminder of how serious the consequences can be. Have fun out at the lake or river. Please be safe, not only for others but for yourself as well.
The DUI attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you and your family if you have been seriously injured by a drunk boater. We encourage you to visit our website at www.rjrlaw.com and carefully compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.
Man arrested in deadly boat collision on Ga. lake
By JEFF MARTIN
Associated Press
ATLANTA (AP) – Crews will resume their search Wednesday for a 13-year-old boy who disappeared in a Georgia lake after a fishing boat rammed a pontoon boat, killing a 9-year-old boy and injuring three other passengers on the vessel.
Authorities said the fishing boat left the area after the Monday night collision. Searchers using sonar found no trace of the missing youth Tuesday and authorities in Hall County said the search would continue Wednesday.
They said 44-year-old Paul J. Bennett of Cumming was arrested Tuesday and charged with boating under the influence. A home number for Bennett could not be located, and it wasn’t known whether he has an attorney representing him.
There were 13 people aboard the pontoon boat when it was struck.
Jul 28, 2012 | Car Accidents, Motorcycle Accidents, Uncategorized
In South Carolina there has been an increase in fatalities in accidents involving motorcycles according to the South Carolina Department of Public Safety. The number of fatalities in motor vehicles has gone down however. In 2011 there were 102 fatalities in motorcycle accidents compared to 82 the year previously. This is sad news for those who enjoy riding their motorcycles on the roads in South Carolina. The reason for this increase is likely not just people who drive motorcycles but other people who in larger vehicles around them. In order to reduce these numbers drivers must undertake to driver safer around motorcycles.
If a motorcycle is in a collision with a larger vehicle the damage to the motorcycle is generally greater and the chances of serious injury to the motorcycle driver are greater. Motorcycles do not offer the same structural protections that other vehicles offer. If you are driving on the roads take notice of motorcycles on the road and keep in mind to drive more cautiously around them. Some common causes of motocycle accidents include cars making a left turn in front of a motorcycle, not checking blindspots before changing lanes, and cars pulling out on the street in front of motorcycles.
The attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you if you have been in serious accident in South Carolina. We have a state-wide practice and will come to you wherever you need us. We encourage you to visit our website at www.rjrlaw.com and compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.
Jul 28, 2012 | DUI & DWI, Uncategorized
I came across this interesting but slightly disturbing article. I say slightly distrubing because, if it comes to production, this new technology would impose itself upon everyone who has to try and drive the vehicle. Additionally, the technology in its current form is not without flaws according to this article. It appears that some car companies are now experimenting with equipping all vehicles with a device that would require the driver to blow into it to test their BAC before allowing them to start the engine. This research is being funded by taxpayer dollars. In theory, it is supposed to work similarly to the ignition interlock system that is currently installed on the cars of those individuals convicted of DUI. The legal BAC limit in most states is .08%, however according to some sources, this device would not allow someone to drive their car if they register a BAC of .02%. Supposedly, the apparent reasoning is that a person’s BAC level rises over time. Thus, if set at .02%, then again in theory, a rising BAC level would still stop t a person from driving who might reach a BAC of .08% or higher over time. The problem with this “one solution for all” is that the technology does not always work as intended. And, we use our cars for all types of situations, including emergencies. There is no reasonable basis to punish us all for the sins of a few. Moreover, people always seem to find a way to “get around” these devices.
The attorneys of Reeves Aiken & Hightower LLP stand ready to work tirelessly for you if you have been charged with DUI or BUI in SC. We encourage you to visit our website at www.rjrlaw.com and compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 or contact us by email for a private, confidential consultation to review your particular case.
Alcohol-sensing technology could become standard in all cars
By Larry Copeland, USA TODAY
The long-term transportation funding bill just approved by Congress includes funds for researching alcohol-detection technology that could eventually be standard equipment in all new cars.
That funding — $5 million over two years — should have been stripped from the bill because it “uses American taxpayer dollars to fund something they’re not going to want in their cars,” said a group representing the restaurant industry.
“Spending lots of taxpayer dollars to develop alcohol-sensing technology that can come as standard equipment in all cars is a misuse of these funds,” said Sarah Longwell, managing director of the American Beverage Institute (ABI).
Since 2008, the National Highway Traffic Safety Administration and the nation’s automakers have been researching technology that can non-invasively measure a driver’s blood-alcohol content and prevent a vehicle from starting if the driver is legally drunk. The national research effort is the Driver Alcohol Detection System for Safety (DADSS).
Longwell argues that such in-vehicle technology will mean the end of social drinking in the USA. “Our main complaint is that (the in-car systems) will not be set at .08%,” she said. That is the blood alcohol level deemed unlawful for drivers in all 50 states. “It will have to be set lower, because after five drinks, your BAC level is not .08 right away. It will increase, and cross the legal threshold while you’re driving. The vehicle can’t just shut down mid-trip. So, for legal and liability reasons, it will have to be set below .08. We believe they will set it around .02 or .03.”
DADSS spokesman Wade Newton denied that. “.08 is the legal limit,” he said. “That’s what the devices will be set at.”
Newton said researchers are “looking at whether technology exists” that could potentially shut a vehicle down or take some other action if a driver’s BAC rose above the legal limit while the vehicle was in motion. “We’re still looking at how to check for a situation where the driver starts exceeding the legal limit once the vehicle is in motion, and also what to do with the vehicle,” he said.
The DADSS researchers are testing approaches that:
•Use “tissue spectrometry” to measure a driver’s BAC. Sensors in places such as the steering wheel, gear shift and ignition read blood-alcohol levels through the driver’s fingertips.
•Use “distant spectrometry,” a breath-based method in which multiple sensors in the vehicle’s cabin assess the alcohol concentration in the driver’s exhaled breath.
Researchers expect to have a “drivable test vehicle” within about two years. “We think 8-10 years is the earliest a consumer would see this as an option in an auto,” Newton said.
Longwell of the ABI said the new technology will signal an end to Americans’ ability “to have a beer at a ballgame or a glass of wine with dinner.” Her organization also challenges the accuracy of in-vehicle alcohol detection devices, arguing that even if they were “reliable 99.99966% of the time, it would still mean over 4,000 misreadings per day.”
Mothers Against Drunk Driving, an advocate of in-vehicle alcohol detectors, said the research funds are well spent. “Drunken driving costs the U.S. $132 billion each year, and we think that $5 million … is a good use of transportation dollars to potentially eliminate the problem,” said J.T. Griffin, senior vice president for public policy.
- Source: http://www.usatoday.com/news/nation/story/2012-06-29/alcohol-detection-technology-standard-cars/55927610/1
Jul 27, 2012 | Personal Injury, Uncategorized
Today the South Carolina Senate voted no on a bill that would have banned texting while driving. 40 other states already have bans on texting while driving. As we all know texting while driving is the cause of a great number of accidents and personal injuries. Texting while driving is in fact more dangerous than drunk driving, which is severely punished. People get injured because of texting while driving.
However, the South Carolina legislature, and perhaps many South Carolina citizens, continue to value liberty more than this danger. Larger than average vehicles cause injuries. Tractor trailer trucks cause injuries. We make a variety of avoidable choices every day that could injure others. South Carolina chooses liberty.
The South Carolina Personal Injury Attorneys of Reeves, Aiken & Hightower
If you or someone you know have been injured or killed in any type of accident, call the South Carolina personal injury attorneys of Reeves, Aiken & Hightower at 877-374-5999, or use this form, for a free consultation with an attorney to help you evaluate your claim and to get the recovery you deserve.
Jul 27, 2012 | Car Accidents, Uncategorized
Wednesday a woman was injured after she flipped her van in York County. The accident occurred on I-77 near the Baxter Village/Fort Mill Highway 160 exit.
The van flipped a couple times. The driver went to the hospital, but only for non-life threatening injuries. The accident was the driver’s fault: improper lane change.
Two lanes were blocked by the accident.
Fort Mill Auto Accident Attorneys of Reeves, Aiken & Hightower
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