Jun 19, 2012 | Uncategorized
Just like with DUI on land, a person operating a boat once arrested for BUI on the water is considered to have consented to a blood alcohol content test.
This may come as surprise to freedom loving Americans who might have thought that the Fourth Amendment’s prohibition of unreasonable search and seizure would make this unconstitutional:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
However, South Carolina and many other states have passed BUI implied consent laws that limit your right to refuse a blood alcohol test. And these BUI implied consent laws have stood up to constitutional muster just as DUI implied consent laws have.
What does this mean for when you are arrested for BUI? Basically, instead of being able to refuse a breath test, you either have to take the breath test or the fact that you didn’t take the breath test can be used against you at your BUI trial. Also, if you refuse the test, your privilege to operate a boat will be suspended for 180 days.
Fight your BUI with the experienced BUI attorneys of Reeves Aiken & Hightower LLP. We encourage you to carefully review our qualifications 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.
Jun 19, 2012 | Boating Accidents, Uncategorized
The National Traffic Safety Board reports that 24% of personal watercraft (PWC) accidents are caused by steering problems or loss of control. This makes steering and loss of control one of the leading causes of PWC accidents.
One of the reasons for these problems is the method of steering for PWC’s. Most PWCs are “jet boats,” driven by steerable nozzles. These nozzles are connected to a jet pump that propels the water at speed fast enough to drive the craft. Instead of having a traditional rudder, PWCs merely have the jet nozzle. The problem with this is that when you slow down you get less steering. You turn faster when the throttle is turned higher. You turn more slowly if at all when the throttle is all the way off.
The theory is that, especially inexperienced boaters, will either not account for this effect or be unable to avoid collision because of it.
The experienced personal watercraft accident attorneys at Reeves, Aiken, & Hightower know how to best handle the aftermath of your PWC accident. Browse our website, compare our credentials to those of attorneys at any other firm, and contact us toll free at 877-374-5999 or by filling out this internet form. We will fight for you.
Jun 19, 2012 | Motorcycle Accidents, Uncategorized
According to WBTV reporting, Dave Lyle Boulevard in Rock Hill was shut down for more than three hours on the night of Saturday, June 3rd, after Vonvorie Barnett, 31, said South Carolina Highway Patrol. Unfortunately, Mr. Barnett was not wearing a helmet and collided with a car turning left from the I-77 ramp onto Dave Lyle Boulevard.
Mr. Barnett was thrown. Paramedics flew him to the hospital.
The driver of the car was not seriously injured.
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 19, 2012 | Motorcycle Accidents, Uncategorized
While all motor vehicle collisions are dangerous, motorcycles by their design are more so. Almost all motorcycle accidents result in some injury, and about half result in serious injury. Some of the causes are:
- Collision with roadside obstacles, like roadside barriers, lamps, sign posts, buildings, fire hydrants, etc. (When a biker falls off their bike, they lose the ability to steer around obstacles.)
- Concussion and brain damage. Apparently, helmets reduce the risk of death in event of a bike wreck by 37 percent.
- Breakage of joints (elbows, shoulders, hips, knees and wrists), fingers, spine and neck. The most common breakages are the shoulder and the pelvis.
- Soft tissue (skin and muscle) damage as the body slides across the surface. This can be prevented entirely by wearing the right motorcycle apparel.
- Biker’s arm, where the nerves in the upper arm are damaged during the fall, causing a permanent paralysis of arm movement.
- Facial disfigurement, if in the absence of a full-face helmet, the unprotected face slides across the ground or smashes into an object.
If you or a loved one has been seriously injured or killed in a motorcycle accident, please browse our website to learn more about your options and our South Carolina and North Carolina lawyers. For a private consultation with any of our attorneys, please call us directly at 877-374-5999 toll free. Our practice is state wide. We will come to you. Try not to worry. We are here to help. This is what we do. Call today.
Jun 19, 2012 | Brain Injury/Head Trauma, Uncategorized
Obviously, anyone who suspects their brain has been injured should receive medical attention as soon as possible.
After a brain injury the medical focus is on preventing further injury. This is because most often little to nothing can be done to undo the injury. Doctors will work on maintaining proper oxygen supply to the brain and the rest of the body, maintaining blood flow, and controlling blood pressure to prevent additional injury.
X-rays or CT scans will likely be taken to assess the injury. Whether your doctor will order an X-ray or a CT scan will depend on serious your injuries. A concern whenever there is a serious injury is that doctors, being squeezed by healthcare insurers will skimp on care. Since CT scans are so much more expensive than X-rays, the conservative treatment is to use X-rays.
Middling to more severe brain injuries will seriously life changing and injured patients can expect extensive rehabilitation involving tailored treatment programs in the areas of physical therapy, occupational therapy, speech/language therapy, physiatry, psychology/psychiatry, and social support.
Approximately half of severely head-injured patients will need surgery to remove or repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue).
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.
Jun 19, 2012 | Personal Injury, Uncategorized
Perhaps unfortunately for those who have been injured, an injury is not enough to have a good claim. In addition to an injury, a defendant must be liable in some way. The most common claim is that of negligence. There are several defenses to the negligence cause of action and the more popular ones are discussed below:
Attacking the Negligence Claim Itself
The defendant has two avenues of attack against a claim. The defendant can attack the plaintiff’s claim of negligence or the defendant can plead affirmative defenses, such as comparative negligence and assumption of risk, which are listed and discussed below.
The claim of negligence itself basically consists of the claim that the defendant did not act with reasonable care and that lack of care caused the plaintiff’s injuries.
The defendant can attack this claim in various ways:
- The defendant can argue that the law did not require him to act carefully toward the plaintiff.
- The defendant can argue that he or she did act with reasonable care.
- The defendant can argue that his or her actions did not cause the plaintiff’s injuries, and
- The defendant can argue that the plaintiff’s injuries are not the kind the law would require the defendant to pay for.
In addition to attacking the standard elements of negligence, defendants are also able to argue for some modification of the elements, if the law allows. For example, defendants can sometimes argue that the plaintiff had a special status that allowed the defendant to exercise a lower level of care in relation to the plaintiff than would otherwise be required by law. But in turn, plaintiffs can sometimes argue that due to the relationship between the parties there is a higher level of care, e.g. common carriers like airlines and bus lines owe a duty of utmost care to their passengers.
Comparative Negligence
Comparative negligence is the legal doctrine that defendants should not be responsible for the damages caused by the negligence of the plaintiff. So, when the plaintiff’s injuries are partially caused by the plaintiff’s own negligence, the plaintiff’s recovery is limited to the extent of the plaintiff’s own negligence.
Due to the relative importance of comparative negligence, it has its own page.
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