Jun 21, 2012 | Motorcycle Accidents, Uncategorized
Weird statistic coming up: Between October 2007 and October 2008, 24 active-duty Marines were among the 4,810 annual motorcycle fatalities. So while active duty Marines only make up 0.064% of the US population, they accounted for 0.5% of the motorcycle deaths. That means that Marines accounted for more than 10 times the motorcycle casualties than you would expect.
Also, these Marines apparently like their sport bikes over Harleys. 78 percent of motorcycle mishaps in the Marines occurred on a sport bike, compared to 38 percent nationally.
When you’ve been hurt; Call us
If you have been seriously injured in a motorcycle accident, get medical treatment and then contact us. Browse our website. Compare our credentials to those of attorneys at any other firm. Then, call us toll-free at 877-374-5999 or contact us on this form. We are ready to fight for you.
Jun 21, 2012 | Car Accidents, Personal Injury, Uncategorized
In South Carolina, the rule is comparative negligence: 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.
There are a few wrinkles to the comparative negligence rule though.
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 rather than the 50.000…001% bar because 51 percent bar is easier to say.
What happens when there are multiple parties? In multi-party suits, the plaintiff’s negligence must not exceed the combined negligence of the defendants. So, even if there is no defendant individually responsible for 51% of the negligence, the plaintiff’s claim is not barred.
Is it an affirmative defense or is the burden on the plaintiff? It turns out that, although contributory negligence was treated as a defense, comparative negligence generally acts as a burden on the plaintiff. In South Carolina, the burden is on the plaintiff to prove that the defendant was negligent by a preponderance of the evidence. The defendant can of course offer evidence that they were not negligent, but they can also offer evidence that the plaintiff was negligent as well. Ross v. Paddy.
Reeves, Aiken & Hightower: Serious Accident Attorneys
If you have been in a serious accident, and need help of a serious accident lawyer, please browse our website. Compare the credentials of attorneys at Reeves, Aiken & Hightower to the attorneys at any other firm. Then call us at 877-374-5999 or contact us at this link for a private consultation.
The post is continued below the fold:
(more…)
Jun 20, 2012 | Boating Accidents, Uncategorized
Reckless Actions
Some actions are deemed so reckless that they may excuse other damage and injury from boat operators whether the actions are intentional or not.
- Bow riding.
- Damage caused by the wake of his/her boat. (Know the location of no wake zones and what minimum distances you are allowed to operate a boat near docks, piers, boathouses, boat ramps and people in the water.)
- Not carrying the required safety equipment.
- Crossing hazardous inlets and bars.
- Excessive speed for the conditions.
Slow-No Wake Zones and Other Restrictions
Boaters who ignore the boating regulation may open themselves up to liability. In “Slow-No wake” zones vessels must either, travel at or below idle speed, or, at such speed that the boat or its wake is not sufficient to cause possible injury or damage to other persons, boats, or property.
Vessels also must not be used, operated, or anchored in such a way that interferes with or blocks vessel traffic in designated channels.
Personal watercraft (PWC) operators may not become airborne while crossing the wake of another motorboat and within 100 feet of that motorboat. PWC must not be operated at greater than slow – no wake speed within 50 feet of any other vessel, PWC or person in the water.
When Things Go Wrong
While being on the water is great fun, it sometimes goes terribly wrong. When it goes wrong and you or someone you love is injured, contact the experienced boat accident attorneys at Reeves, Aiken & Hightower. Compare our credentials to those of attorneys at any other firm, and then call us at 877-374-5999 or contact us at this link for a private consultation. We are here for you.
Jun 20, 2012 | General, Uncategorized
You would think that given how broadly similar BUI and DUI laws are in South Carolina that the legislature would treat blood alcohol content (BAC) levels as tested by the breath test or breathalyzer the same. However, the presumptions that BAC gives rise to in BUI cases are very different.
It turns out for BAC’s 0.05% or less there is a conclusive presumption that there is no BUI , i.e. if you blow 0.05% or less no court in SC can convict you of BUI.
For BAC’s 0.06% to 0.07% there is neither a presumption of guilt or innocence. The prosecution must tell the jury that you blew a 0.06% or 0.07% and use whatever other evidence that was collected at the time of arrest to show that you were incapable of boating safely.
Then, for BAC’s 0.08% or greater, there is an inference of BUI that can be rebutted only if there was some defect in the chemical test itself.
If you have been charged with BUI, you need experienced BUI attorneys that can fight for you. The attorneys at Reeves, Aiken & Hightower stand ready to fight for you. Compare our credentials to those of attorneys at any other firm, and then call us at 877-374-5999 or contact us on this form for the help you need.
Jun 20, 2012 | Car Accidents, Uncategorized
Everybody knows that it is a good idea to buckle up their kids in appropriate child safety seats. Cars are designed to protect adults not children in the event of an auto collision. States including South Carolina have chosen to make this common sense law.
The law provides that:
- during ages birth to 1 year old, or who weigh less than 20 pounds, children must be secured in a rear-facing child safety seat,
- during ages 1 to 5 children who weigh 20 to 40 pounds must be restrained in a forward-facing child seat.
- during ages 1 to 5 children who weigh 40 to 80 pounds must be secured in a belt-positioning booster seat.
- Children under the age of 6 are not required to be in booster seats if they weigh more than 80 pounds or if they can sit with their backs against the car’s seat and bend their legs over the seat edge without slouching.
- Children under 6 may not sit in the front passenger seat. However, this restriction does not apply if the vehicle has no rear passenger seats or if all other rear passenger seats are occupied by children less than 6 years old.
Violators are subject to a $150 fine. This law does not apply to taxis, church, school and day care buses, or commercial vehicles.
If your child has been seriously injured in an automobile accident, get medical treatment and then contact us. Browse our website. Compare our credentials to those of attorneys at any other firm. Then, call us toll-free at 877-374-5999 or contact us on this form. We are ready to fight for you and your child.
Jun 20, 2012 | Brain Injury/Head Trauma, Uncategorized
Brain injury often results in various disabilities. The disabilities that result rather reasonably depend on the nature and severity of the injury, the location of the injury, and the health and age of the individual.
Common disabilities include problems with:
- thinking, memory, and reasoning (Generally cognition),
- the senses: sight, touch, hearing, taste, and smell,
- the ability to speak, be understood, and to understand others, and
- behavior and mental health: individuals might suffer from a variety of mental health disorders or simply experience a personality change.
However, with more serious brain injuries, individuals may experience more serious symptoms:
- stupor: The individual is unresponsive except to the very strongest stimuli;
- coma: The individual is entirely unconscious, unresponsive, unaware, and unarousable;
- vegetative state: The individual is unconscious and unaware of the world, but unlike with a coma, the individual has a sleep-wake cycle and periods of alertness; and
- persistent vegetative state (PVS): The individual stays in a vegetative state for more than a month.
If you think you or someone you know have suffered a brain injury, seek medical help immediately. Then seek the counsel of experienced brain injury attorneys like those at Reeves, Aiken, & Hightower. We know how to fight for you and your family in serious brain injury cases. Compare our credentials to any other law firm. Then call 877-374-5999 or contact us at this link for a private consultation. Don’t worry. We are here for you.
