Jan 9, 2014 | Car Accidents, Personal Injury, Uncategorized, Wrongful Death
If you are in an accident the first feeling you have is usually one of panic. It is a very nerve wracking experience and can be very disorienting. However it is important to know what to do if you are in an accident.
A good habit is to keep your insurance card and registration in your vehicle at all times. This information will be needed should you be in an accident. Should you find yourself in an accident try to remain calm and call 911 immediately to have an officer dispatched to your location. The dispatcher will need to know where you are and if you don’t know what road you are on let them know any landmarks you see around you. Most dispatchers will know where you are even if you are not sure what road you are on if you can describe some landmarks around you.
Generally you should not move you vehicle from the scene of the accident so that the responding officer can take down an accurate report of the scene of the accident. This may vary depending on what jurisdiction you are in as some jurisdictions require small accidents such as fender benders to move to the side of the road until an officer can respond.
Once the officer has arrived you will need to give him all your information and he take a statement from you to investigate how the accident happened. The officer will give a citation to the driver he concludes was at fault. In some cases the officer will give a citation to both drivers involved in the accident if he is unable to determine exactly who was at fault. He will still make a report and then leave it to the courts to decipher where fault should be assigned. This is important to remember since just because you receive a citation does not mean you are at fault.
If you have been involved in a situation such as the one listed above, you need the help of a personal injury attorney. Contact the attorneys at Reeves Aiken & Hightower LLP toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.
Jan 8, 2014 | Child Accidents, Criminal Defense, Uncategorized, Wrongful Death
Some states will allow immunity between husband and wife, parent and child, or any other type of familial relationship when it comes to domestic relations.
However, accordingly, South Carolina will give NO familial immunity to any crimes against the person or against their property. In other words, just 
because your family member committed the crime against you or your property, does not mean that you can not bring a case against them. Take for example, a case where there has been domestic abuse by one spouse against another. Not only can the state press charges, but through state law, the victim is also allow to sue for civil battery is he/she so chooses.
For crimes against the person- there is no family immunity-
There are no general principals of immunity that would apply in criminal prosecutions of parents and spouses for crimes against any other family members. Under old common law, a man could not be prosecuted for raping his wife, as they have engaged in intercourse previously. This is no longer the rule in South Carolina, any most states. The rule is now that there is no “marital exception,” that still applies, and a man can be charged by wither his wife or the state for domestic abuse in the form of any type of violence, including rape.
Moreover, South Carolina has a specific statute that deals with this “spousal sex battery,” as it is referred to it in the South Carolina Code. According to SC 16-3-615., “ it is required that there is a physical manifestation of force or violence needed to overcome the victim. This offense is exempted from rape shield statute. This means that South Carolina goes one step further, and adds an additional element, requiring that there be mens rea( the requisite mental state) to actually force your wife. The purpose of this statute is to prevent rambunctious husbands and wives from later claiming rape if they had been rough in the past.
For crimes against property- there is no family immunity-
Again, there is general principle of immunity that applies to criminal prosecutions for parents and spouses for crimes against property of family members. For example, if there were a case where an estranged husband broke into his estranged wife’s home that he no longer lived in, and burglarized it, he would and could be prosecuted by the state for such a crime, with no immunity protection whatsoever.
Domestic Relations in South Carolina can be tricky and complicated. If you have been charged with a domestic relation crime, contact the law offices of Reeves, Aiken, and Hightower, LLP. Mrs. Bea Hightower has been a child’s advocate for over 20 years, as well as a guardian ad litem. If there is domestic abuse in your South Carolina home, contact us toll-free at 77-374-5999 for more information.
Jan 2, 2014 | Criminal Defense, Personal Injury, Uncategorized, Wrongful Death
In modern terms, a “personal injury,” is most commonly used to refer to a tort action claiming that a plaintiff has endured an injury caused by the negligence of another, called the defendant.
In the opposing side, a “crime,” is something that entirely different that arises when a person has violated either a state or federal law, and now must pay some sort of restitution
to the state for their alleged crime.
A tort action is one that occurs in civil court as opposed to criminal court. To be a tort and not a crime, the plaintiff will sue the defendant personally, sometimes jointly and severally with another defendant, for damages due to the injury. The plaintiff, if found to be in the right; will recover monetary damages from the defendant for the defendant’s actions.
On the converse, when a person is charged with a crime instead of a tort, they are considered to be the defendant in the case, and the state serves as the plaintiff for all practical purposes.
The major difference is that when there is a crime charge due to injuries, there is no single person to serve as the plaintiff and earn a reward of compensation; but rather the focus is for the defendant to pay for their malfeasance either through fines to the state, serving the community, or at worst, being incarcerated.
Whether you have incurred a serious personal injury through an accident such as a car collision or the like; or whether you have been charged with a crime by the state of South Carolina, contact the law offices of Reeves, Aiken, and Hightower, LLP directly at 803-548-444 or toll-free at 877-374-5999 for more information on your legal options.
Dec 3, 2013 | Brain Injury/Head Trauma, Personal Injury, Uncategorized, Wrongful Death
Two employees of a local bar have been charged with serving alcohol to an intoxicated man, who was subsequently hit by a train only moments after leaving the bar. The 53-year-old victim was hit by an Amtrak train on the eve of November 15th.
The two women, ages 42 and 25, have both been charged separately for the crime. Accordingly, the two women work at the local bar that happens to be next to a railroad track.
The police have stated that the victim was “over served at the bar that night”, which is why the two women were later charged.
Accordingly, additional charges against the bar, bar owner, and two employees may still be yet to come.
There is no greater loss than losing a loved one, but it is especially hard when you don’t have any warning. Someone else’s negligence can change your life forever in a fatal accident.
Rock Hill is full of rural roads that are not always well-lit. To ensure you and your loved one’s safety, please be vigilant of all other drivers on the road, whether it be by car, motorcycle, tractor-trailer, or even a train.
Contact the experienced wrongful death and personal injury attorneys at Reeves Aiken and Hightower, LLP to help get you through this nightmare and find those answers. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free.
Dec 2, 2013 | Car Accidents, Personal Injury, Uncategorized, Wrongful Death
A car accident occurred in Orangeburg, SC over the Thanksgiving holiday where two men were actually electrocuted during their assistance in the collision. 
The initial accident happened when a car on Highway Four was attempting to pass another vehicle, and inadvertently pulled into the pathway of an oncoming vehicle. In doing so, the driver over-corrected his vehicle, and veered off the side of the road, taking his own life and seriously injuring the people attempting to help.
According to the Orangeburg Police Department, not only was the accident fatal for one person involved in the actual wreckage, but also took the injured the 33 year old and 25 year old men who were attempting to rescue the victim of the accident.
Apparently there was a “downed power line,” which led to the electrocution of the two Good Samaritans. Due to the time of the accident, no one could see that the power line had been knocked down, and multiple people had piled-up to aid in the accident.
The men electrocuted suffered serious burns after the initial jolt and shock of the electricity.
The moral of this bizarre accident is that even the people who are not technically involved in the initial accident can still suffer serious personal injuries just by attempting to assist others. There are professionals who are equipped to help the injured parties, and without their expertise, you may be injuring yourself and others, including the already injured party.
The SCDOT has stated that if you see a wrecked vehicle that is near or up against a power line, the most important thing to do is contact the police and tell the injured parties to stay inside their vehicle. You and the injured party must not touch anything metal and the ground simultaneously, or you could end up in the same situation as the aforementioned men.
If you have suffered any serious personal injuries in South Carolina, contact the law offices of Reeves, Aiken, and Hightower, LLP toll free at 877-374-5999 for more information on your options.
Nov 4, 2013 | Car Accidents, Uncategorized, Wrongful Death
According to WYFF news, a woman, who was driving under the influence of pain medication, struck and killed a Department of Transportation worker as she was driving home. The man was rushed to the 
hospital; however, he was pronounced dead three hours later. The woman states that she did not remember the accident and has further stated that she thinks it may have been from the head injury she sustained, and not the medication.
In South Carolina, if it is found that a driver was under the influence of drugs or alcohol, they will be charged with a DUI as a result. Further, if the offender has killed or injured someone as a result of an accident while they were impaired, that person may be liable to the victim, or the victim’s family. The victim’s family will be compensated through the Wrongful Death Statute.
Law in South Carolina allows the wife and children of the deceased worker to bring a civil suit for wrongful death. Wrongful death occurs whenever someone has been killed as a result of reckless behavior, negligence, or an intentional act. A claim for wrongful death can help to compensate an immediate family after incurred medical expenses of the deceased, funeral expenses, loss of financial support, mental anguish, and loss of consortium. Further, the law allows for punitive damages if the defendant acted “reckless, willful, or wantonly.”
If a family member has been killed in a wrongful death accident in the state of South Carolina, call the law offices of Reeves, Aiken & Hightower, LLP. You can reach us at our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
