Jun 26, 2012 | Trucking/Tractor-Trailer Accidents, Uncategorized
One problem in trucking accident cases is that semis are capable of doing far more damage than the truck driver (sometimes the only obvious negligent party) can afford to compensate, either from their own savings or from their personal insurance. A good negligence claim is no guarantee of an actual monetary recovery. A negligent party must actually have the resources to compensate the plaintiff. The trucking line or carrier, unlike the trucker him or herself, is likely to have the means, or at least the insurance, to compensate the victims of trucking accidents. So, a plaintiff’s lawyer will most often need to find a theory of liability for the trucking line.
The most obvious theory is the same theory that would allow a shopper at Walmart to sue the Walmart corporation for the actions of one of their local Walmart employee’s actions: Respondeat Superior. That Latin phrase simply refers to the legal doctrine of holding “masters” (employers) responsible for the negligence of their “servants” (employees). If the truck driver in the accident was actually an employee or the trucking line or carrier exercised sufficient control over the trucker, the carrier or line will be liable for the driver’s negligence in the accident.
Often though, carriers will try to avoid this liability by distancing themselves from the truckers who would traditionally be their employees, by making the truckers independent contractors. In order for this to work, the carrier will have had to separate themselves enough that plaintiffs would be unable to prove that the driver was actually an employee. In these independent trucker cases, negligence of the truck driver will not be enough to hold the carrier liable for the plaintiff’s damages in a truck accident.
The plaintiff’s lawyer will have to prove negligence of the carrier itself. There are a number of theories under which trucking lines will be held liable for the plaintiff’s damages; most though will flow from the Federal Motor Carrier Safety Regulations. These regulations require the carrier to keep watch over the truckers they contract with to ensure that the carriers who are profiting off of their pseudo-employees are not shirking the liability that should come with those profits.
Serious Truck Accident Attorneys
If you or someone you know has been injured in an accident involving a commercial truck, you should contact an experienced trucking accident attorney like those at Reeves, Aiken, & Hightower. We know how to fight for you. Compare our credentials to any other law firm. Then call 877-374-5999 or contact us at this link for a private consultation at no cost to you.
Jun 26, 2012 | Boating Accidents, Uncategorized
When someone is injured in any type of accident, often the last thing on their mind is a lawsuit. But in our society, if an individual wants to be made whole after an accident, they have to take certain steps, and avoid certain pitfalls, to maintain their right to recovery. After an accident, make sure you:
- See a doctor, soon. Even if you are someone who shies away from the doctor’s office normally, you need to protect yourself from hidden injuries. Back and neck injuries may be present without pain, but may harm you in the long run.
- Investigate your accident. Write down the names, telephone numbers, and addresses for all people involved, including boat captains, passengers, bystanders, and other witnesses. You should also take down all insurance information you can find.
- Loose lips sink ships. Only talk to the law enforcement and natural resources officers about the accident. Sure, report your claim to your insurance company, but you are very unlikely to say something to another insurance company’s representative to help your claim.
- Never sign anything without an attorney. Other parties may try to get you to sign a release or settle. This is almost certainly a bad idea. Contact an attorney to get the full recovery you are entitled to.
- Get your claim rolling as soon as possible. By contacting an experienced boating accident attorney at Reeves, Aiken & Hightower.
The experienced attorneys at Reeves, Aiken & Hightower are ready to fight for you. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation. Our practice spans the Carolinas, we can come to you.
Jun 26, 2012 | Uncategorized
A national enforcement push for boating under the influence is on this weekend. The North Carolina Wildlife Resources Commission and the South Carolina Natural Resources Commission are both participating in the increased information and awareness effort this weekend.
Boaters can expect increased safety and violation checks.
Officers also aim to educate boaters as to the risks of alcohol on the water, since alcohol is involved in a disproportionate number of fatalities on the water.
BUI Attorneys
If you’ve been charged with boating under the influence, the experienced attorneys at Reeves, Aiken & Hightower are ready to fight for you. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 26, 2012 | DUI & DWI, Uncategorized
South Carolina, for whatever reason, has two statutes that the state can use to charge you for essentially the same offense: driving drunk. The first and more traditional is DUI, driving under the influence. The second is somewhat newfangled and is symptomatic of the trend of trying to convict as many people as possible, with as little process as possible, of driving drunk: DUAC, driving with an unlawful alcohol concentration.
DUI requires as an element that the driver actually have been impaired, that question goes to the jury. DUI does require some evidence that the defendant have been under the influence of alcohol or other drugs, but there needn’t be a blood alcohol concentration test of any kind. Like impairment, the question of whether the impairment was caused by drugs or alcohol goes to the jury.
DUAC merely requires that the blood alcohol concentration of the defendant have been 0.08% or above and that he or she have been operating a motor vehicle. As such, DUAC requires that there have been some sort of BAC test like a breathalyzer test.
Serious DUI/DUAC Attorneys
If you have been charged with any drunk driving offense, contact the attorneys at Reeves, Aiken & Hightower. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 25, 2012 | Trucking/Tractor-Trailer Accidents, Uncategorized
Truck accidents are some of the most tragic collisions on the road. Huge trucks colliding with comparably tiny cars: common sense tells us what is going to happen. These tragedies happen most commonly for the following reasons:
- Plain driver negligence: Rear-end, Head-On Crashes and Jackknives
- Tires; Blow-outs
- Drinking or drug use
- Driver Fatigue
- Unsecured Loads
- Dangerous Roads
- Aggressive Driving
- Lack of Reflectors and Poor Visibility
- Brakes
South Carolina Truck Accident Attorneys
If you or someone you know has been injured in an accident involving a truck, you should seek the counsel of an experienced trucking accident attorney like those at Reeves, Aiken, & Hightower. We know how to fight for you. Compare our credentials to any other law firm. Then call 877-374-5999 or contact us at this link for a private consultation at no cost to you.
Jun 25, 2012 | Uncategorized, Workers' Compensation
The South Carolina Supreme Court sent a signal on June 13 to the Court of Appeals concerning their handling of Worker’s Compensation appeals.
In Carolinas Recycling v. SC Second Injury fund, the Supreme court basically restated the existing law of Workers Comp appeals, that decisions would be reversed on appeal only if they were “clearly erroneous in view of the reliable, probative and substantial evidence on the whole record” (Substantial Evidence). What does that mean? Is means that although the court “may not substitute its judgment for that of the Appellate Panel as to the weight of the evidence on questions of fact,” it may reverse if the decision is against the Substantial Evidence, which the court has taken to mean evidence in view of which reasonable minds could not differ.
What does this have to do with Workers’ Comp? Workers’ compensation is an administrative law system, administered relatively separately. Courts try to treat workers’ compensation with a hands off approach to keep the comp cases out of the ordinary courts to keep the docket down, and I suppose to further the ends of the legislature that established the administrative system.
In seemingly telling the Court of Appeals to a take an ever so harder look at Worker’s Comp claims appeals, the Supreme Court is either just telling the Court of Appeals to take a harder look, or more worryingly telling the Workers Compensation Commission to squeeze injured employees tighter.
Don’t Let the Workers Compensation System Get the Best of You
The SC workers comp attorneys at Reeves, Aiken, & Hightower know the South Carolina worker’s compensation system and are ready to get you the recovery you deserve. Peruse our website, examine our credentials to any other firm. Then call us at 877-374-5999 or contact us at this link for a private consultation.
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