Mar 21, 2013 | Uncategorized, Wrongful Death
An Easley, South Carolina man was killed around 1:30 a.m. Wednesday when he was struck by several cars on S.C. 135. The man was about a mile from his car when he was hit, according to Pickens County Coroner.
The first car to strike was a 2010 Mitsubishi driven by a 23-year-old Anderson resident. Thereafter, two other cars hit the man. He died shortly afterward. None of the drivers were injured in the accident. It is further reported that the man died of blunt force trauma.
Although this accident may not be perfect for a wrongful death suit; depending on the conditions surrounding the accident, a similar accident may be. Wrongful death in South Carolina is a tort action governed by statute. The action is brought by the administrator of the decedent’s estate.
A wrongful death may be the result of an intentional tort. The cause of action may also be based on products liability or breach of warranty, although most commonly it will be brought as a negligence action. In order to recover in a wrongful death action based on negligence, the plaintiff must show the following elements:
(1) A duty of care owed by the defendant to the decedent;
(2) A breach of that duty by a negligent act or omission; and
(3) Damages proximately resulting from the breach.
The elements are defined as follows:
(1) The duty of care owed to a decedent by a defendant in a wrongful death case will be determined by the nature of the action; for example, medical malpractice, premises liability etc. The duty might also be based on statute. The South Carolina Supreme Court has said that in order to show a duty of care, based on a statute, the plaintiff must show: (a) that the essential purpose of the statute is to protect from the kid of harm the plaintiff suffered, and (b) that he is a member of the class of persons the statute is intended to protect.
(2) The plaintiff must next show the defendant breached the duty of care. Generally a breach of duty exists when it is foreseeable that conduct may likely injure a person to whom a duty is owed.
(3) Next, the plaintiff must show the breach of duty was the proximate cause of the injury. The South Carolina Supreme Court has ruled that proximate cause requires proof of causation in fact, and legal cause. Causation in fact is proven by establishing the injury would not have occurred “but for” the defendant’s negligence. Legal cause is proven by establishing foreseeability.
If your husband, or other very close family member has died, and you think that it could potentially fall under the wrongful death category, call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can reach our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999. We know how hard it is to lose someone close to you, and we are here to help.
Mar 21, 2013 | Homicide Defense, Uncategorized
In South Carolina, if homicide takes place during the commission of a felony, malice is supplied from the intent to commit the underlying felony. In the South Carolina case, Gore v. Leeke 261 SC 308, the felony murder rule became a substantive rule of law, and no longer a presumption. The rule of inferred malice only applies to felonies that are either and inherent or foreseeable danger to human life.
The inherent danger pf such felonies is determined from the nature of the felony and the surrounding circumstances. In Gore, the daytime break-in of a home by men with weapons invoked the felony murder rule (FMR). However, not all felonies will support the FMR. For example, bribery is a felony; however, it is not a felony that is inherently dangerous, so it will not be applicable to the FMR. There must be a threat to human life by the very nature of the felony itself.
Next, the homicide must take place while the felony is in the process of being committed to fall under the purview of the FMR. But, the felony continues to be committed while the defendants are escaping from the scene. Many felony murder cases can be sustained on some other theory of malice. Basically, the application of the FMR is appropriate in cases of an unintentional homicide committed during an inherently dangerous felony.
If you are being charged with first degree murder under the felony murder rule (due to the fact that the murder occurred during the commission of a inherently dangerous felony) contact the law offices of Reeves, Aiken & Hightower, LLP. The FMR elevates a charge such as burglary or robbery to a first degree murder if someone dies during the commission of such a felony. Further, even if you are not the shooter, you may still be charged under the doctrine. Contact our Baxter village office located in Fort Mill, South Carolina if you have been charged under the felony murder doctrine. You can contact us at 803-548-4444, or 877-374-5999.
Mar 21, 2013 | DUI & DWI, Felony DUI, Uncategorized
Since 2012, South Carolina has laid down new laws, which counts DUI convictions in other states as previous convictions under South Carolina law if they happened within 10 years of the most recent DUI offense. Further, DUI charges are now determined by a person’s BAC, and with this, the new laws carry higher penalties with regard to fines and jail sentences. South Carolina law also requires both first time and subsequent offenders to complete an alcohol counseling program as part of the sentence; further, they will be required to pay for such a program which may cost as much as $2000.
If the offense is the persons first DUI charge, if the person has a BAC or .08% to .09%, he may be facing up to 30 days in jail or 48 hours of community service, and a $400 fine. For a first offense with a BAC or .1% to .15%, the offender may face up to 30 days in jail, or 72 hours of community service, coupled with a $500 fine. However, if the first DUI offender has a BAC or .16% or higher, he or she will face 30 to 60 days in jail or 30 days of community service, with an increased fine of up to $1000.
If the offense is not the person’s first DUI offense, offenders may also be required to surrender the registration and license plates of any vehicles they own, may be required to spend 5 to 30 days in jail at a minimum (depending on the level of BAC). Also, the offender will not be able to substitute community service hours for jail time. With regard to the fines a person is to receive, if the BAC is .1% to .15%, he or she may face up to 2 years in jail, and the fine could increase to $2500 to $5500. Finally, with a BAC or .16% or higher, there is a minimum of 90 days in jail to 3 years, and the fine may increase to between $3500 to $6500.
Therefore, due to the fact that the South Carolina Legislature is strengthening their DUI system, it is even more important to retain competent counsel. If you or a loved one has been charged in your first DUI, and even subsequent DUI’s, call the law offices of Reeves, Aiken & Hightower, LLP. You can contact our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 21, 2013 | Assault and Battery, Uncategorized
Rock Hill, South Carolina Police Department reports that a man, who assaulted another man with a large stick, is being held at York County Detention Center. The 48-year-old man is charged with second-degree assault and battery.
It is alleged that the man assaulted a 38-year-old man because a woman was paying attention to the other man, and not him. The victim reported to police that, while he was sleeping, the man began to strike him with a 3 foot long stick. Further, it is reported that the victim was hit several times in the head, finally fleeing the home. The aggressor was reported to be intoxicated at the time.
At Reeves, Aiken & Hightower, LLP we understand that things can get out of hand when people have been drinking. Assault and battery charges are more likely, as well as even more serious charges. If you have been charged with a crime as a result of a night of drinking, call the law offices of Reeves, Aiken & Hightower, LLP. We have criminal defense attorneys who are prepared to handle your legal problem. For a consultation, call our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Mar 20, 2013 | DUI & DWI, Felony DUI, Uncategorized
A mother is being charged with the January death of her 8-year-old child after a single vehicle crash in Gaffney, South Carolina. The 27-year-old woman was driving on Corinth Road when she veered off the right side of the road and hit a tree. She is being charged with Felony DUI after she was treated for injuries at Upstate Carolina Medical Center.
The girl was apparently sitting on the lap of a passenger when the mother hit a tree and the child was ejected from the vehicle. The girl was transferred from Upstate Carolina Medical Center to Spartanburg Regional Medical Center as the condition worsened. She died the following day of her injuries. There were seven people in the car, the little girl is the only reported death.
If you or someone close to you has been charged in connection with a DUI or Felony DUI, call the law offices of Reeves, Aiken & Hightower, LLP. For a consultation, you can call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 20, 2013 | DUI & DWI, Felony DUI, Uncategorized
A 30-year-old driver, who lost control of his pick-up truck resulting in the death of his passenger, is being charged with Felony DUI by the SC Highway Patrol. The crash occurred on US 15 south of Sumter, South Carolina.
Troopers report that the man and his passenger, a 36-year-old Manning man were traveling south on US 15 when he lost control overturning the pick-up truck. Both the driver and the passenger were ejected from the vehicle; however, the passenger was pronounced dead at the scene.
A felony DUI charge in South Carolina requires that the person be proven to have (1) operated a vehicle under the influence of drugs or alcohol or both, and (2) did something else against the law, whether traffic law or duties imposed by the court, and (3) proximately causes great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists.
Great bodily injury is an injury that “creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
If you or someone you know is facing a charge of DUI with the aggravating factor of “great bodily injury” attached to such charge, call the law offices of Reeves, Aiken & Hightower, LLP. We are here to assist you with your legal question and invite you to schedule a consultation. Just call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
