Jul 30, 2012 | Car Accidents, Uncategorized
Let’s talk about what it means to be “upon” a vehicle, says the SC Supreme Court in recent case Farm Bureau v. Kennedy. The case generally hashes over what it means to be in a car or truck under underinsured motorist (UIM) car insurance policies and the public policy governing these cases.
In the business owner’s Farm Bureau auto insurance in this case, for a personal injury to be covered by the policy the person injured must have been occupying the insured vehicle at the time of injury. This is generally true of such car insurance policies. The car insurance contract helpfully defined occupying as “having actual physical contact with an auto while in, upon, entering, or alighting from it.” If you think that adds much meaning to “occupying,” let us know in the comments.
Generally, it is pretty obvious whether someone is occupying the relevant vehicle. Those are the easy cases. In this case, the plaintiff had actually been leaning on the tailgate of the insured vehicle (occupying the vehicle by being upon the vehicle) right before a truck was coming straight for him. He then fled the path of the truck. He came into contact with the insured vehicle again when the truck from which he was fleeing pinned him against the insured vehicle.
Farm Bureau argued that the injuries occurred after he lost contact with the vehicle, and since he was not upon the insured vehicle, he was not a covered person under the UIM policy.
The plaintiff argued that to expect a person to not flee danger or forfeit their insurance coverage is unconscionable, and for that reason, the plaintiff should be a covered person.
The Court agreed with the plaintiff and argued that UIM coverage must be read broadly, for reasons of public policy, and that the UIM statute may prevent the reading of the contract offered by Farm Bureau.
The full opinion is appended below the break.
The Serious Car Accident Attorneys of Reeves, Aiken & Hightower
If you or someone you know has been injured or killed in a car accident or any other accident, you need the help of a serious accident attorney like those at Reeves, Aiken & Hightower. Call us at 877-374-5999, or contact us at this link, to schedule a free, private consultation. We can help you evaluate your claim and get you the recovery you deserve.
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Jul 28, 2012 | Car Accidents, Motorcycle Accidents, Uncategorized
In South Carolina there has been an increase in fatalities in accidents involving motorcycles according to the South Carolina Department of Public Safety. The number of fatalities in motor vehicles has gone down however. In 2011 there were 102 fatalities in motorcycle accidents compared to 82 the year previously. This is sad news for those who enjoy riding their motorcycles on the roads in South Carolina. The reason for this increase is likely not just people who drive motorcycles but other people who in larger vehicles around them. In order to reduce these numbers drivers must undertake to driver safer around motorcycles.
If a motorcycle is in a collision with a larger vehicle the damage to the motorcycle is generally greater and the chances of serious injury to the motorcycle driver are greater. Motorcycles do not offer the same structural protections that other vehicles offer. If you are driving on the roads take notice of motorcycles on the road and keep in mind to drive more cautiously around them. Some common causes of motocycle accidents include cars making a left turn in front of a motorcycle, not checking blindspots before changing lanes, and cars pulling out on the street in front of motorcycles.
The attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you if you have been in serious accident in South Carolina. We have a state-wide practice and will come to you wherever you need us. We encourage you to visit our website at www.rjrlaw.com 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.
Jul 24, 2012 | Car Accidents, Uncategorized
A single car accident, involving an SUV claimed its third victim yesterday when a 1-month-old old baby died days after the crash. The SUV merely went off the side of Interstate 26 (I-26) and rolled over. Two other passengers were died immediately after the crash. Five people survived.
Car accidents like this one show how easily individuals are injured and how likely death is in rollover accidents.
The Car Accident Attorneys of Reeves, Aiken & Hightower
If you or a loved one has been injured or killed in a car accident, you need a serious car accident attorney like those at Reeves, Aiken & Hightower. Review our credentials, make sure that we are right for you, and call us at 877-374-5999, or contact us here, for a private consultation.
Jul 15, 2012 | Car Accidents, Trucking/Tractor-Trailer Accidents, Uncategorized
This news article below demonstrates again how critical it is to always wear your seatbelt. Here, an automobile was involved in a single car accident but not responsible for the ultimate death of one of the passengers. Speed was determined to not be a factor even though the car overturned in the roadway. What resulted in an unnecessary death was the failure to wear a seatbelt which resulted in the passenger being ejected from the vehicle. Sadly, this decision resulted in the untimely death of a teenager. As individuals, we each must make the choice to engage all vehicle safety systems. Some, like airbags, are outside of our control. Others, like seatbelts, are solely within our discretion. As parents, we should constantly reinforce to our children the importance of using seatbelts, everytime you are in a car. We should also warn about the dangers of excessively loud music, talking on a cellphone, texting, and, of course, driving after drinking. These essential safety precautions are vital in making travel as risk free as possible. In this way, we all accomplish our goal of getting back home safe and sound.
If you or someone you love have been injured due to the negligence of others, call the experienced personal injury lawyers of Reeves, Aiken & Hightower LLP. Our seasoned accident trial lawyers are standing by to help when you need us. For more information about our firm, please visit www.rjrlaw.com or call us today at 877-374-5999. We are here for you.
FORT MILL, S.C. — The South Carolina Highway Patrol is investigating a fatal crash that shut down I-77 northbound.
The accident happened on I-77 northbound in Fort Mill near Gold Hill Road, the interstate was completely shut down as troopers investigated the accident. Troopers say a 17-year-old was driving a 1993 Chevrolet SUV when she attempted to make a lane change and lost control of the vehicle. It ultimately overturned in the middle of the road. Three of the passengers were injured and taken to CMC. The fourth passenger, 16-year-old Thomas Luciano, was ejected from the back seat of the vehicle and killed. Investigators tell NewsChannel 36 there were four people in the vehicle at the time of the crash all were wearing seat belts except the teen who was killed. I-77 was closed for approximately two hours. NewsChannel 36 has learned speed was not a factor in the crash. The accident is still under investigation.
Jul 13, 2012 | Car Accidents, Uncategorized
According to the Accident Claim Company of England, claims for car accident injuries and whiplash claims are increasing, even though actual car accidents are decreasing in number as British roads become safer. Apparently, the press there is beginning to believe that the litigation culture is worse there than in the US.
In the UK, becoming a lawyer requires far less schooling than in the US. In addition, the US was historically more progressive when it came to recognizing tort claims for personal injury.
Others are characterize the UK trend in car accident claims in other terms. They believe that even though auto accidents have become fewer, that as British citizens become more tech savvy and are surrounded by more information, they have become more knowledgeable about what is owed to them. Few are willing to argue that individuals who are injured should bear cost of their injury when they have been severely injured, even in an ordinary auto accident.
The Car Accident Attorneys of Reeves, Aiken & Hightower
If you or a loved one has been injured or killed in a car accident, you need a serious car accident attorney like those at Reeves, Aiken & Hightower. Review our credentials, make sure that we are right for you, and call us at 877-374-5999, or contact us here, for a private consultation.
