Jan 22, 2014 | Car Accidents, Personal Injury, Uncategorized
Five people were seriously injured in an extremely violent crash in a Lancaster County, SC neighborhood on Wednesday evening when a Toyota Camry veered off Country Club Drive and hit a ditch, 
subsequently going airborne tumbling into a yard.
The car slammed into a man’s pick-up truck, thrusting two people from the car. The car was smashed, and a man at the scene could not get people out of the car. The people who witnessed the crash called 911, and neighbors began to emerge from their homes.
Troopers say a 21-year-old man was driving the car when he lost control and veered from the road, ejecting himself and an 18-year-old from the car. Also injured was a 20-year-old man, another younger teenager, and a 17-month-old-baby.
Under South Carolina law, it is up to the fact finder to determine who was more at fault. Under the theory of ” modified comparative negligence,” the law states that whomever is more at fault, will not be able to recover, and whomever is less, so long as they are suing as the plaintiff, should have no serious issue recovering for pain and suffering either directly from the defendant, or their insurance company. Here, the driver of the car may be found to be at fault for all of the injuries sustained in the crash, as long as someone in the car did not pull the wheel or did something that would make the driver less at fault than 50%.
An auto accident can change your life forever in an instant. If you are on the road, you are at risk. We see it everyday. Someone is going too fast, not paying attention to the road, or is on their cell phone texting. Others are impaired or otherwise unsafe to drive, whether from alcohol or drugs. Sadly, you or your family member can be seriously injured or killed even if you do everything right. Fortunately, the trial lawyers of Reeves, Aiken & Hightower LLP are experienced auto accident attorneys who practice personal injury law and can help.
If you or someone close to you has been involved in a serious accident such as this one, know your rights. Call the personal injury firm of Reeves, Aiken & Hightower, LLP. You can reach our South Carolina office at 803-548-4444, or call us toll-free at 877-374-5999.
Jan 21, 2014 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
Along with the cold weather and the New Year, you can count on there being an increased number of roadblocks in sporadically placed through South Carolina.
Law Enforcement officers target DUI offenders with roadblocks during the end of each month to reach their specified “quota” assigned to them. However, there are several ways to avoid being stopped at a DUI Sobriety checkpoint or roadblock. A few of the more sensible tips are included below.
1. Avoid Obvious Sobriety Checkpoint Locations
DUI Enforcement Police Officers are most likely going to set up their checkpoints where they think they can catch the most offenders. You should realize that federal law does not allow roadblocks on interstate highways so getting to the interstate to avoid a roadblock is common strategy used to avoid being stopped. Keep in mind that police are permitted to set up their checkpoints along main highways or roads that lead to interstate highways so this tactic is not fool proof.
2. If possible, avoid late night locations where there are a lot of bars and restaurants.
These areas generate a lot of police patrol due to the high volume of people and the large amount of people in the area consuming alcohol. It makes sense that police officers want to set up in areas near bars and restaurants that stay open later than all the other establishments because it is a target rich environment.
3. Be aware that police officers sometimes will have “chase” cars stationed at each roadblock location to stop any drivers who turn around from a checkpoint.
These cars will usually be placed in strategic locations so officers can target drivers who blatantly try to turn around or erratically avoid the checkpoint. Unfortunately, police officers often times assume that any driver who turns before a checkpoint is automatically trying to avoid the checkpoint because they’ve been drinking.
4. And, of course, the very best way to avoid being arrested at a DUI sobriety checkpoint is simple: Don’t drink and drive.
This tactic seems obvious but it is honestly the only guaranteed method to avoid any repercussions from a DUI Checkpoint. At the end of the day, it is a much smarter decision to take a taxi or get a ride from a designated driver.
If you have been arrested for a DUI because of a DUI Checkpoint or DUI Roadblock it is critical that you hire an attorney with experience fighting these types of cases. The consequences of a DUI conviction are greater than they ever have been before. So make sure you have an attorney who is aggressive in representing you.
If you have been charged with a DUI or have been arrested at a DUI checkpoint, contact the attorneys at Reeves, Aiken & Hightower, LLP. Contact us toll-free at 877-374-5999 or contact us at this link for a private consultation.
Jan 20, 2014 | Car Accidents, Personal Injury, Uncategorized
“Stacking” insurance policies is something somewhat unique that South Carolina allows an insured person to recover damages under more than one policy in succession until all the damages are satisfied by the amount set by the fact finder; or until the total limits of all policies have been exhausted.
So what does all this mean? In other words, an insured can recover for both the liability of the at-fault driver who hit them in the car accident, as well as any UIM coverage or benefits from the same policy if certain criteria apply. Namely, stacking policies is appropriate when a person is involved in an accident, and there is not enough coverage simply through liability OR UIM coverage. Only member of a “Class 1″ ranking will be permitted to stack.
Class 1 insured people include ” the named insured, the resident spouse, and any resident relative.” This residency is not quite as broad as one may hope. It requires that the residency is more then transient in nature of the residence. In other words, the courts will look to the person’s driver’s license, mailing address, and where the registered to vote in order to see if they meet the “residency” requirement to stack policies. This typically comes in when a college student is using a “temporary” address while off at school, and want to use their parent’s vehicles to stack coverage.
A Class 1 insured that has UIM coverage on their vehicle that is involved in the accident has damages in excess of their coverage, they may stack UIM coverage from other policies in an amount equal to the coverage on the car that was involved in the accident, which is referred to as the ” measuring vehicle.” The Class 1 members are ONLY allowed to use the UM to stack if they were involved in the accident, yet did not own the vehicle that was involved in the accident.
So for example, if a mother and her two daughters are going shopping in the eldest daughter’s personally owned vehicle, and are in an accident and the mother( front seat passenger) is injured, she is allowed to recover not only from her daughter’s UIM, but can also use the UIM on her vehicle at home, as well as any other vehicles that the family owns with UIM coverage, and stack all the coverage together to reach the needed amount. So, in the example, mom would recover 25,000 from her daughter’s UIM, and assuming she has a vehicle at home with 50,000 UIM, and the father has another vehicle with 30,000 UIM coverage, the mother would be permitted to receive up to 95,000 if that does not exceed the amount of coverage on the daughter’s car( as the measuring vehicle.)
Another important note to make here is that a person is not permitted to recover through both a UIM and UM coverage. The rationale behind this is that a person can not simultaneously be both an Uninsured Motorist( UM) and an Underinsured Motorist( UIM). You can not have a little bit of insurance and no insurance at the same time.
This may all sound very confusing; and in fact, it is confusing. If you find yourself involved in a personal injury suit due to a serious car accident, contact the attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for a free consultation, and to see if you qualify as a Class 1 member entitled to stack.
Jan 16, 2014 | Car Accidents, Personal Injury, Uncategorized, Wrongful Death
If you or someone close to you has been injured due to the negligence of another person or entity, you will likely be entitled to monetary compensation for your injuries. The first step in determining whether you have a 
personal injury case is to contact an attorney who in knowledgeable about the South Carolina personal injury laws and can provide you with sound advice. It is likely that if you were injured, and it can be found that the other party is more at fault, you may recover damages for property, medical expenses, and pain and suffering.
In order to succeed in a personal injury claim, the first thing that must be proven is that the person or entity was at fault for your injury. If this can be established, the responsible party may have to compensate you for your injuries, property damage, and suffering. There are three grounds on which a personal injury claim can be filed. These are negligence, intentional wrong doing, and strict liability. For negligence, it must be proven that someone acted or failed to act in a particular way, and as a result an accident occurred. Next, an intentional wrong means that the party acted deliberately, such as in the case of an assault. Here a person may also be entitled to punitive damages for willful, wanton, and reckless conduct. The third ground is strict liability which protects consumers from being harmed by defective products. South Carolina abides by strict products liability, and therefore the manufacturer has an absolute duty to make the product safe.
After grounds for a claim are established, you must prove that you suffered from physical, emotional, or mental harm as a result of the accident. This can be a complicated process, and many variables factor into determining the amount of compensation one is entitled to receive.
The most common personal injury claims involve car accidents, medical malpractice, on-the-job incidents, and slip-and-fall cases. At Reeves, Aiken & Hightower, LLP, we are equipped to assist with a plethora of personal injury issues and claims that you may be confronted with. Examples include wrongful death, catastrophic injuries, brain injuries, spinal injuries, motorcycle accidents, defective highways, nursing home abuse, bicycle accidents, and also insurance issues that may come up. We work first-hand with the insurance companies to settle your case as effectively as possible to ensure adequate compensation.
This is why it is important to seek a personal injury lawyer to help you with your legal needs. Contact our law offices today for free a confidential consultation to see whether you have a claim, and if so what damages you should be seeking. You can contact our Fort Mill, South Carolina office at directly at 803-548-4444 or toll-free at 877-374-5999 with questions regarding your injuries.
Jan 15, 2014 | Car Accidents, Criminal Defense, Personal Injury, Uncategorized
A 20-year-old Orangeburg man, suspected of driving under the influence, was arrested after a fatal crash in Orangeburg County. Police report that the man was driving along Riverbank Drive at around 1:00 a.m., and while attempting to pass another vehicle, they collided with each other. The 19-year-old driver of the other car was killed in the accident, and the other two passengers were taken to the hospital. The alleged responsible driver did n
ot receive any injuries in the accident. While the man faces two counts of felony DUI, he also may face civil penalties.
In the state of South Carolina, the rule for personal injury law follows the Comparative Negligence standard. Here, 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. The major question in South Carolina is whether 50% or 51% passes the threshold for allowing negligence recovery.
The rule in South Carolina is that the plaintiff’s negligence must not exceed that of the defendants. So, in a case where a jury determines that the plaintiff and the defendant split fault exactly 50-50, the plaintiff will receive 50% of damages. If the plaintiff is the least bit more at fault than the defendant, the plaintiff is barred from recovery. This rule is called the 51% bar. In a multi-party lawsuit, the plaintiff’s negligence must not exceed the combined negligence of the defendants. So, even if there is no defendant individually responsible for the 51% negligence, the plaintiff’s claim is not barred.
This is a much easier bar than North Carolina. North Carolina adheres to the Contributory Negligence standard which states that if the plaintiff is found to be 0.00001% at fault, his claim is barred. Here, a North Carolina case may prevail on the fact that the driver was “reckless, willful, and wanton.”
If you have been injured in an accident in North or South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation toll-free at 877-347-5999.
Jan 14, 2014 | General, News, Uncategorized, Wrongful Death
In each and every South Carolina county, there is a specific probate court. Probate court is simply a different type of system/courthouse, in which a decedent’s estate will enter to distribute the deceased member’s devise’s, residuals, and pay off debts.
The probate courts of South Carolina will have exclusive original jurisdiction over all South Carolina matters involving or related to someone who has passed away estate and all their belongings, including both personal and actual land property. The SC Probate courts moreover are entitled to hear any will contests, the determination of who is considered to be an “heir” entitled to take from the estate, and also any issues with the construction of the will.
Additionally, probate courts are permitted and mandatorily must hear any cases covering the protection of minors, trusts, marriage licenses and any ” involuntary commitments.” S.C. Code 62-1-302(2012.) However, Family Court handles matters of divorce, child custody, and alimony.
So the next obvious question is, what actually happens in this so-called probate court? Accordingly, the parties enter into the court, and after the close of the pleadings, the parties are allowed to remove matters from the probate court to the circuit court( which is the typical courthouse you would be thinking of in your head right now), for all matters involving the “formal” probate of the wills, any actions to try title, trusts with discrepancies, appointments of personal representatives for the estate, and most importantly, any action for more then $5,000 that carry with it the Constitutional protection of a right to trial by jury. S.C. Code 62-1-302(2012.)
What is important to note is that these probate courts do not handle any civil liability claims for fatal perishes, such as wrongful death suits. Wrongful death suits are taken care of in circuit court first, and then appealed up if need be. These claims are different then probate because they concern the matters that caused the death to the decedent. Probate would occur later, after the wrongful action was taken care of, and the estate was ready to be distributed by the probate judge in the county in which the decedent died, had property, or left property.
If you have any sort of familial issues, such as the one listed above, and a wrongful death action took place, contact the attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on how we can help you with your case.
