Aug 20, 2012 | Child Accidents, Personal Injury, Uncategorized, Wrongful Death
In a recent study conducted by SC Budget and Control Board, found that South Carolina is ranked 42nd out 50 for Child Safety . Essentially, there are only 8 states below SC that have a higher death rate for children within the infant/toddler range of 0-4.
Pursuant to the report, South Carolina’s four leading causes of death for children ages 0-4, were the following, in their respective order: automobile accidents, suffocation/strangulation, drownings, and lastly, fire/smoke.
Although car accidents still remain the number one, unintentional cause of death to children within the aforementioned age range, these numbers have been on the decline since 2003. The report attributes this decrease to stricter laws governing safety belts/seats for children, as well as public awareness about child safety.
There were 18 deaths reported due to suffocation/strangulation. Of these, 9 of the accidents were due to “roll over or overlay,” which is what occurs when the child is sleeping with the adult, and the adult rolls over onto the child during the night’s rest. The other half of were due to strangulation, a heinous crime to commit intentionally upon anyone, especially a child.
When there is an unintentional drowning, it is common for the accident to occur in a pond or creek outside the parents’ home. The number one issue with this topic is that parents often times believe that their children are safe if they have a life vest on, and neglect to exercise adult supervision. It is important to remember that a life vest or older child is never a sufficient replacement for adult supervision, especially when a young child is near the water’s edge.
Lastly, fire and smoke is the fourth leading cause of unintentional deaths in SC. For the past 10 years, about 10 children a year die due to fire, or the smoke that arose thereafter. Public awareness of this type of emergency situation should contribute to the decline of these residential type accidents.
South Carolina Attorneys: Reeves, Aiken, and Hightower, LLP
If you or a loved one have been injured or killed in any type of accident, you need an experienced accident attorney like those at Reeves, Aiken & Hightower. Call us at 877-374-5999, or use this form, to speak with an attorney who can help you evaluate your claim and get you the best possible recovery.
Aug 15, 2012 | Personal Injury, Uncategorized
We all have a vague idea that the laws are different on Indian reservations like the one in North Carolina, the Eastern Band of Cherokee Indians, but what does it really mean after an car, truck, or motorcycle accident? Basically it affects the court in which the matter will be heard: Tribal Court, State Court or Federal Court.
Basically, if the defendant is a member of the local tribe, a car accident case will generally be heard in the tribal court; if the defendant is a non-member of the tribe, a car accident case will generally be heard in state (or federal) court, even if the accident occurred on roads within the Indian reservation.
The basic reason for this is that, as long as the road was on a right-of-way given by the reservation to the state or federal government, the tribe’s claim of jurisdiction over non-members is fairly weak. The accident occurred on a road that the tribe barely regulates and generally non-members tort defendants will generally have little meaningful interaction with the tribe. The non-member came on the reservation to visit, isn’t a member of the tribe, and merely got into an accident on (usually) a state maintained road. The basis for giving the tribe jurisdiction over a non-member accident defendant is seemingly weak.
However, members obviously should be under jurisdiction of the tribe, and perhaps are owed the protection that a tribal venue might give. Thus, when members are the defendants, the tribal court will likely have jurisdiction.
These are just the basic rules though. State courts may have concurrent jurisdiction in these types of car, truck, and motorcycle accident cases, and federal courts will have jurisdiction over whether or not the tribal court has jurisdiction. Federal courts may even have diversity jurisdiction in some cases as well.
Interestingly, it may not be so bad for the non-member defendant to try their car, truck, or motorcycle accident case in Tribal Court rather than North Carolina court: The Eastern Band of Cherokee Indians recognizes comparative negligence rather than North Carolina’s contributory negligence.
North Carolina Car, Truck, and Motorcycle Accident Attorneys
If you or a loved one has been injured or killed anywhere in the Carolinas, call our accident attorneys at 877-374-5999. You’ll speak to an attorney who will help you evaluate your case, and we’ll fight to get you your best possible recovery.
Jul 30, 2012 | Bicycling Accidents, Personal Injury, Uncategorized
Friday night was a tragic one when a bicyclist was involved in a fatal “hit and run.” The cyclist was riding along side Heckle Boulevard in Rock Hill, SC, when a man hit the cyclist with his motor vehicle, and then continued on his path. He was shortly after apprehended by the police after a witness described the vehicle to the officers. The defendant is currently under arrest and charged with a Felony DUI and Leaving the Scene of an accident.
Pursuant to South Carolina Statute 56-5-3420, “a person riding a bicycle upon a roadway must be granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter.” Thus, when a ” hit and run” occurs, the cyclist is afforded the same rights as that of another driver in a motor vehicle.
To help prevent possible future accidents, The South Carolina Department of Motor Vehicles has provided 9 tips to “share the road” with others:
1. When attempting to pass a bicyclist, you must treat the bicycle as any other vehicle you would pass.
2. Allow for the bicyclist to make mistakes. Watch for swerving cycles and sudden turns.
3. The horn should be used to attract the bike rider’s attention and not as a threat to get out of your way.
4. Drivers must be careful when driving close to cyclists and should maintain a safe operating distance between the motor vehicle and the cyclist.
5. Before passing a cyclist in a narrow traffic lane, wait until the traffic is clear in the opposite lane and then change lanes to pass the cyclist. Do not attempt to squeeze past the cyclist.
6. Leave ample room when turning right after passing a cyclist so the cyclist is not cut off when you slow for the turn.
7. Even with a proper headlight and rear reflector, a bike is still difficult to see. Use extra caution after dark, especially in poorly lighted areas.
8. Automobile drivers should anticipate cyclists at parks, playgrounds, near schools and especially in residential areas. Night is a very difficult time for the bicycle rider and the automobile driver; alertness is required from both.
9. After parking on streets and before getting out of a motor vehicle, the driver and passengers should be careful not to strike a bicyclist when opening car doors.
The South Carolina Personal Injury Attorneys of Reeves, Aiken & Hightower
If you or someone you know have been injured or killed in any type of accident, call the South Carolina personal injury attorneys of Reeves, Aiken & Hightower at 877-374-5999, or use this form, for a free consultation with an attorney to help you evaluate your claim and to get the recovery you deserve.
Jul 27, 2012 | Personal Injury, Uncategorized
Today the South Carolina Senate voted no on a bill that would have banned texting while driving. 40 other states already have bans on texting while driving. As we all know texting while driving is the cause of a great number of accidents and personal injuries. Texting while driving is in fact more dangerous than drunk driving, which is severely punished. People get injured because of texting while driving.
However, the South Carolina legislature, and perhaps many South Carolina citizens, continue to value liberty more than this danger. Larger than average vehicles cause injuries. Tractor trailer trucks cause injuries. We make a variety of avoidable choices every day that could injure others. South Carolina chooses liberty.
The South Carolina Personal Injury Attorneys of Reeves, Aiken & Hightower
If you or someone you know have been injured or killed in any type of accident, call the South Carolina personal injury attorneys of Reeves, Aiken & Hightower at 877-374-5999, or use this form, for a free consultation with an attorney to help you evaluate your claim and to get the recovery you deserve.
Jul 25, 2012 | Products, Uncategorized
With any personal injury claim, there are a number of factors that will go into determining the amount of any settlement. In DePuy ASR hip replacement cases, the settlement will based on the particular circumstances. No set amount of money that will accurately compensate every injury. Each person injured by a Depuy hip implant will experience different injuries.
As with all personal injury claim settlements, the amount of settlement will reflect the predicted jury award, the expected costs of trial, and the risk involved in going to trial. If the lawsuit were to proceed to trial, a jury will determine based on the individual facts in the case what damages are owed to plaintiff caused by the DePuy hip implant injury, both in pain and suffering and other non-economic damages and economic damages. Factors include
- The extent and duration of the injury suffered;
- The effect that the DePuy ASR hip injury had on the overall physical and mental health or well-being of the plaintiff;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The extent of any disfigurement or scarring caused by defective DePuy ASR hip implants or their removal;
- The amount of any past or future medical expenses caused by DePuy metal-on-metal hip implants;
- Any lost wages or loss of earning capacity.
The DePuy ASR hip lawyers at Saiontz & Kirk, P.A. believe that thousands of individuals throughout the United States are likely to bring claims as a result of problems caused by a recalled DePuy ASR hip replacement.
The South Carolina Depuy Hip Implant Lawyers of Reeves, Aiken & Hightower
If you or someone you know has been injured by a hip implant, contact the Depuy hip implant lawyers of Reeves, Aiken & Hightower. Our lawyers can help you evaluate your case and get you the recovery you deserve. Call us at 877-374-5999, or use this form, for your free consultation with an experienced attorney.
