Oct 21, 2013 | Brain Injury/Head Trauma, Car Accidents, Personal Injury, Uncategorized
In the state of South Carolina, a person’s ability or right to recover after being involved in a serious accident maybe controlled and conjunctively limited by the state’s laws governing negligence claims. Specifically, South Carolina is one of the many state’s that follow the rule of “modified comparative negligence
.” The next logical question is what is “modified comparative negligence” and how does that differ from pure comparative negligence?
The answer can be broken down by percentages. Thus, under South Carolina’s “modified comparative negligence” rule, if a person is more then 50% at fault( even if it is 51%), as determined by the appropriate fact finder, then the plaintiff will be precluded from recovering anything. Under this modified system, the plaintiff will be permitted to a ” partial recovery.” Under partial recovery, the law states that any percentage of fault on the plaintiff’s part will be reduced and then deducted from the final compensation/settlement amount.
Conversely, under the pure comparative negligence rule, the degree of fault exercised by the plaintiff will not bar recovery, even if the plaintiff is found to be 90% at fault. In other words, the plaintiff can recover some percentage from the defendant regardless of the extent to which they were responsible for the accident. However, the amount of recovery maybe reduced by fault, just as in the modified comparative negligence theory explained above for partial recovery..
So, let’s put these two theories to the test and use a hypothetical to further explain. Let’s say that there was a serious car accident involving only one plaintiff, and one defendant. The facts of the accident are essentially moot, as the focus of this discussion is based upon the method of recovery. Thus, the two parties, after much deliberation, go to court and it is found that the plaintiff is 40% at fault, and the defendant is found to be 60% at fault. The settlement amount has been determined to be $100,000.
Under the modified comparative negligence theory, the plaintiff would only be entitled to recover $60,000, as they were 40% at fault and the settlement was for an even $100,000. This is not to say that the defendant will be awarded the remaining $40,000, but rather that the amount the defendant( or his insurance company) is to pay will be reduced to that $60,000 amount.
Now, let’s change the facts a bit and say that the plaintiff was found to be 60% at fault and the defendant was only 40% at fault. Under South Carolina’s rule, the plaintiff would be barred from recovering anything, because they degree of fault has crossed over that 50% threshold in the aforementioned paragraphs.
However, under the pure comparative negligence theory, the plaintiff would still be entitled to some recovery; however only for the $40,000, as they were found to be 60% at fault.
Thus, in the event that you or a loved one find yourself involved in any sort of serious accident or personal injury, contact the law offices of Reeves, Aiken, and Hightower, LLP to talk to one our our experienced personal injury attorneys today toll free at (877) 374-5999
Oct 17, 2013 | Car Accidents, Personal Injury, Uncategorized
A three-vehicle collision on Interstate 26 resulted in the death of a Columbia, South Carolina woman. The South Carolina Highway Patrol reported the accident occurring when all three cars involved headed east near Piney Grove Road when an SUV spun out of control, flipping over the interstate.
Thereafter, the SUV struck another SUV. The second SUV flipped over the median, killing the 53-year-old woman driver. While the first SUV was at a stop, it was hit by a third car. The only reported casualty was that of the woman; no one else was injured. The South Carolina Highway Patrol is investigating the accident for possible negligence.
Negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised under similar circumstances.” In South Carolina, there are four essential elements: (1) that there was a duty of care owed by the defendant; (2) the plaintiff must show that the defendant breached that duty of care; (3) the plaintiff must illustrate that the breach of such duty caused the injury to the plaintiff; and (4) plaintiff must show damages.
Different states utilize different forms of negligence systems. South Carolina uses the modified comparative system for proving negligence. This is also known as the 51 percent rule, and under this system, a plaintiff may only receive damages from a defendant if the plaintiff himself can prove that he is less than 51 percent responsible for his injuries. Therefore, the defendant is only responsible for those injuries he caused, and further, he must be more than 50 percent at fault.
If you or a loved one has been involved in a car wreck and have suffered personal injuries, you may be entitled to contribution for your injuries. Call the law offices of Reeves, Aiken & Hightower, LLP for a consultation toll free at 877-374-5999.
Oct 16, 2013 | News, Personal Injury, Uncategorized
Often times, when people are involved in any sort of serious accident, personal injuries have likely been sustained. Contrary to popular belief, “personal injuries” do not just encompass physical injuries to your person; but also any other type of suffering one maybe dealing with due to the accident.
For example, if you have been injured in a car accident and have to take time off from work, the lost wages you incur will be calculated as a “personal injury.” What about the medical costs that are piling up one after another? Those too are considered to be “personal injuries,” and will be evaluated with your claim. Sometimes even the pain and suffering you have gone through maybe computed into your personal injury claim.
Thus, the next logical question is…what do I do if I have been involved in an accident and I have sustained personal injuries? The obvious answer is to contact a personal injury attorney so you don’t have to go through this alone.
Insurance companies often times get wind of the accident from the opposing party and will attempt to contact you before you have gotten a chance to sort your life back out.
That is what we are here for. We can serve as a buffer to mediate between you and those insurance companies that feel that people are all just numbers.
At Reeves, Aiken, and Hightower, LLP, each personal injury case is individual and significant to us. Clients are entitled to speak directly with the partners of the firm as well as any paralegals assisting on the case. We are notorious for returning client’s phone calls the day we receive them, as we know how important it is to speak to your lawyer personally.
We strive to make ourselves personal available and would be honored to assist you with your, or your loved ones personal injury claim today. Contact us toll free at 877-374-5999 for a free consultation.
Oct 15, 2013 | DUI & DWI, Felony DUI, Uncategorized
Rock Hill, SC police report that a mother was charged with drunk driving after her 11-year-old daughter called them and reported that her mom was swerving and almost hit two cars on her way home from a restaurant.
She was charged with Driving Under the Influence and Child Endangerment, and reported to the police that she had several beers earlier that day, finishing the evening with two margaritas at the restaurant. She was being held in York County and was released on a $2500 bond.
A DUI charge in South Carolina can initiate a hefty fine or even imprisonment. Under S.C. Code Ann. §56-5-2930:
(A) “It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction; entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment.
(2) “For a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year.
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years.
However, if you add Child Endangerment to the DUI charges, the fines and potential imprisonment terms increase. Upon conviction the person must be punished by: (A) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection (A)(1), when the person is fined for that offense;
(B) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or
(C) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.
Therefore, when a person is driving under the influence, their charges can increase exponentially if there is a child in the vehicle. Also, the potential for a collision is much greater. This may even increase the charge to Child Endangerment to Vehicular Manslaughter if a child in the car is killed. A charge of Vehicular Manslaughter increases the charge of DUI to a Felony DUI.
If you or a loved one has been charged with DUI or another alcohol related offense, make sure to call people who can help you try to mitigate the charges. The law offices of Reeves Aiken & Hightower, LLP can help you. You can give us a call at our Baxter Village, South Carolina office at 803-548-4444, or toll-free at 877-374-5999. Getting behind the wheel of a vehicle while intoxicated can have some serious repercussions, and we want to make sure you can get your life back on the right path.
Oct 14, 2013 | Bus Accidents, Car Accidents, Uncategorized
Insurance companies have been criticized recently due to the fact that they have failed to pay claims even though a legitimate claim is present. When a liable party is involved in a car accident, the job of the insurance 
company is to defend the person under most circumstances. A serious problem in this industry is that insurance companies look for any reason not to pay a claim, and this is giving rise to litigation regarding “bad faith” of these companies.
A bad faith claim is present when an insurance company, that has a duty to settle for a certain policy limit, fails to pay a claim after being notified of the claim. In South Carolina, a person may make a demand to his or her insurance company to settle for the policy limits in order to resolve the case. This is also known as a “Tyger River” demand, which derives from the case Tyger River Pine Co. v. Maryland
This doctrine discusses the consequences an insurance company may face if they fail to protect the insured liable party when he or she is attempting to settle within the contract limitations Tyger Pine Co.v. Maryland Casualty Co., 170 S.C. 286.(1933)
He the insurer will be forced to provide the total amount recovered at trial, even if it exceeds the amount of insurance available under the policy limitations. This is to encourage the insurance company to settle when a reasonable offer is presented; and, to protect the insured party when they do not.
“Bad faith” is shown when four elements are proven: (1) a contract is formed; (2) the insurer refuses to pay benefits under the contract; (3) the results from the insurer’s bad faith or breach of implied covenant of good faith and fair dealing; and finally, (4) damages were incurred by the insured.
An example would be if you had a loss due to a car accident, and the insurance company failed to cover you, you would have to prove these elements in order to recover for a bad faith action. However, the dilemma lies in the fact that the insurance company does not have to perform until a verdict has been entered in excess of the policy limitations. Then the insurance company waits until a trial for a reasonable settlement. This complicates the process and beckons the need for legal counsel.
If you or a loved one has been injured in a car accident it is prudent to seek an attorney to ensure that the insurance company is paying an appropriate sum given the procedural limitations. For a confidential consultation, contact the law offices Reeves, Aiken & Hightower, LLP toll-free at 877-374-5999.
Oct 10, 2013 | Car Accidents, Uncategorized
A Berkeley County wreck left one man dead and another person had to be rushed to the hospital, according to state troopers. The accident occurred on Mudville Road near Highway 176
around 9:40 p.m., when a 34-year-old, who was driving a Crown Victoria, crossed the centerline, spinning to the side, finally striking a Ford pickup.
The Crown Vic then continued into a ditch bursting into flames. Unfortunately, the driver was killed as a result of thermal burns; however, the driver of the pick-up truck was taken to the hospital with less serious injuries. Police report that the accident is still under investigation.
When you are injured in an auto accident, or any other accident in South Carolina, the insurance companies will likely pay for some of the expenses. However, sometimes, due to the circumstances surrounding the accident, funds may not be sufficient. At this point, it is important to consult with competent legal counsel about how to pay for all medical expenses, along with pain and suffering associated with a car accident.
You must establish the elements of negligence to succeed in a personal injury case. These are: (1) there was a legally recognized duty; (2) breach of that duty by the defendant; (3) causation (the defendant was the proximate and actual cause of the damages as a result of his negligence); and (4) damages (person must have suffered monetary and personal damages.
If you or a loved one has been injured in an accident, contact the law offices of Reeves, Aiken & Hightower, LLP at our Fort Mill, South Carolina office. For a confidential consultation, contact us at 803-543-4444, or toll-free at 877-374-5999.
