Jul 31, 2012 | Car Accidents, Child Accidents, Personal Injury, Uncategorized
A tragedy occurred on Interstate 26 Saturday night, when an 11-year-old’s life was taken in a fatal car accident. A mother and her 11-year-old son were traveling on Interstate 26 when their car suddenly struck the guardrail, slowing down to a complete stop in the center of the fast lane. Almost immediately thereafter, their car was impacted by another car that skidded into the mother’s vehicle.
The frightened mother than gathered her children as quickly as possible in an attempt to evade any additional damages, and began to walk along side the road. As the family made their way slightly down the road, the 11-year-old boy was struck by a pickup truck, throwing his body into the median. Thereafter, an 18-wheeler rapidly approached the disaster, and in an attempt to avoid the now pileup, he swerved into the median. It is unclear whether the child was hit by the 18-wheeler or not when the truck ran atop the median.
The child was subsequently pronounced deceased at the scene.
The South Carolina Highway Patrol M.A.I.T. team was called to the scene of the accident and began an investigation into the accident. Deputy Chris Keller of the Newberry County Sheriff’s Office was called to the scene to assist with traffic control on the interstate.
To make matters even worse, as Officer Keller was standing towards the rear of his vehicle directing traffic around the accident, a Jeep approached and would not merge over. Officer Keller was able to escape the impact of the Jeep before it crashed into his patrol car. Luckily, Officer Keller suffered no injuries, but the damage to the patrol car amounted to a total loss.
The South Carolina Highway Patrol subsequently arrested the driver of the Jeep, Billy Dwayne Jones, 38, of North Charleston, who has been charged with driving under the influence. Jones was released on a $992.50 personal appearance bond.
In a horrific situation such as the aforementioned, it is difficult to place blame on any one party in particular, as it appears as though it was just one tragic event after another. It is important to obtain counsel to protect yourself and others from any further harm or injustice.
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 31, 2012 | Child Accidents, Uncategorized
A teenage boy, aged 14-15 years old was flown to Tampa General yesterday morning after a game with a friend and fire erupted into serious burns for the boy. The teenager was known in the neighborhood for his love of basketball, and was spotted by witnesses playing from the wee mornings til the late of the night. Monday morning, around 10:45, a neighbor arrived home after a workout to hear screams coming from the usual place he had heard dribbles many times before.
The neighbor immediately called 911, only to find that the child and his friend had allegedly poured gasoline onto the dining room table, and set the table aflame. It was this alleged act that is proposed as the cause of the injuries to the teenager, although the Police have not yet officially released the cause of the fire.
The boy’s friend, however, remained unscathed by the flames as the teenager took the brunt of the burns. The boy’s status has just been released to be that of critical condition.
In North Carolina, children are held to different standards than adults when dealing with injuries, unless of course the child in engaging in adult-like behavior, such as driving a motor vehicle. Moreover, North Carolina is one of only 5 states that follows the common law theory of contributory negligence. Contributory negligence will completely bar recovery is the plaintiff is even 1% negligent. However, in the case of children, the courts follow the colloquial ” rule of sevens.” This rule states that any child under the age of 7 is presumed to be incapable of negligence. Children aged 7-14 will also be presumed to be incapable of negligence; however there is a rebuttal presumption that the defendant may use. Lastly, if the child is over the age of 14, there is a presumption that the child is in fact capable of negligence, however, that presumption too may be rebutted.
Thus, injury cases involving children in North Carolina can often be tricky, especially by following the archaic theory of contributory negligence. In the event that the case becomes chaotic, obtaining counsel to sift through the weeds my alleviate both yours and your child’s stress.
The North 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 North 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 31, 2012 | Personal Injury, Uncategorized
The South Carolina Court of Appeals on Wednesday affirmed a trial court’s decision denying recovery for a woman injured at a stop sign controlled railroad crossing. Her lawsuit, brought by a guardian ad litem, as she is in a coma, is against both CSX, the train operator, and the South Carolina Department of Transportation, responsible for maintaining the signage at the crossing. Apparently, the train hit her car as she was crossing the tracks after the train blew its horn too late, the train tracks were improperly obscured by trees and vegetation, and the stop sign and stop line were too close the crossing.
In South Carolina, trains must start blowing their horns no shorter than 1,500 feet from a crossing. Equipment on board the train revealed that the horn only began blowing at 1,161 feet from the crossing. CSX is responsible for this failing. CSX is also responsible for maintaining sight of the rails from the crossing by clearing trees and vegetation. The plaintiff argued that CSX had failed to sufficiently clear the sight lines.
The plaintiff’s theory against the South Carolina Department of Transportation is that they negligently placed the stop sign and stop line and negligently inspected the crossing in such a way that allowed the plaintiff to be injured.
All three occupants of the car were injured. The most seriously injured passenger was placed in a one-month, medically induced coma, while doctors drilled a hole in her skull to relieve pressure on her brain. She still suffers severe intellectual, behavioral and physical impairments, four years later according to the facts assumed by the court.
Judge Short dissented and would have granted a new trial. Plaintiff is appealing to the South Carolina Supreme Court.
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.
The entire opinion is appended below the fold.
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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.
Jun 27, 2012 | Car Accidents, Uncategorized
This year to date, York County fails to rank amongst the most fatal roads in South Carolina.
The most fatal 7 counties are:
- Lexington County – 32
- Greenville County – 26
- Spartanburg County- 25
- Charleston County – 23
- Richland County – 23
- Anderson County – 20
- Horry County – 19
Most of the fatalities, at least in Lexington County, had alcohol as their root cause. Drunk driving is obviously dangerous and is on the rise during these trying economic times.
Other contributing factors commonly cited by officials are:
- failure to wear seatbelts
- failure to wear helmets (on motorcycles)
Serious Accident Attorneys
Whether you or someone you love has been injured on a motorcycle, in a commercial trucking accident, or in an auto accident, the attorneys at Reeves, Aiken & Hightower are here for you. Compare our credentials to any other firm, then call us at 877-374-5999 (or contact us at this link) for a private consultation.
