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Person Drowns While Rescuing a Double Amputee- SC Attorney

Force Majeure clauses ( or Acts of God Clauses) are used in contracts to prevent someone from suffering if an intervening cause interrupts the person’s performance of the contract.

However, how can one protect themselves from natural disasters in other manners, particularly; how would one deal with rescuing a double amputee during a horrific thunderstorm turned deadly.

Accordingly, a  pontoon boat capsized on Lake Moultrie in South Carolina  this past Sunday, claiming the life of a still unidentified person. There were 6 people who were thrown from the boat, but only one fatality has been confirmed. The other 5 victims swam safely to the nearest dam and hold on until the Rescue Team arrived.

Sadly, the unidentified person drowned while attempting to rescue a double amputee who was a passenger of the pontoon boat, and also thrown from the ship during the storm.

According to Senior Meteorologist Kristina Pydynowski, she had given the locals a warning as she announced that “damaging winds and downpours are the greatest dangers from the powerful thunderstorms targeting far southeastern Virginia and the eastern Carolinas.”

It is a tragedy that one person heard the warning, but still mounted the pontoon boat, only to later drown while attempting to rescue one who could not rescue themselves.

The South Carolina Boating Accident Attorneys of Reeves, Aiken, and Hightower, LLP.

If you have been injured as a result of any type of boating accident, you should contact the experienced attorneys at Reeves, Aiken & Hightower LLP., to help you obtain the justice you deserve.For more information about our firm, please visit www.rjrlaw.com or call us directly at 877-374-5999 for a private consultation.

Daughter Badly Injuring in Boating Accident- SC Accident Attorney

 

The Waccanaw River in South Carolina has claimed the life of one, and has seriously disrupted the life of another.Apparently this last Saturday, there was an accident involving a boat, a tree, and a couple of college kids.

According to the Department of Natural Resources Investigators, the investigation is still underway and will take weeks to figure out what exactly happened. All that is being released thus far is that the boat the three college kids were on collided with some trees sometime shortly before 7:00 p.m. Thereafter, one of the students was pronounced dead on scene, and the other two were taken to the hospital.

One father’s daughter was on that boat, and was still in the Intensive Care Unit at Grand Strand Regional Medical Center as of Monday night, where she remained unconscious until 9:00 p.m., where she thereafter opened her eyes 6-7 times that night and into the next morning.

What is really the heart of the problem, as stated by the girl’s father is “with South Carolina’s boating laws, because it is not required to have insurance in order to own a boat. ” His daughter was transported to the hospital via helicopter, and now the weight of the bills have fallen onto the shoulders of the father, as though his punishment is not already grave enough.

Boat Accident Lawyers

The  attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you and your family if you have been in such an accident in South Carolina. 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.

Boating accident involving BUI – Law Enforcement to step up patrol on lakes

Just as summer is heating up, so are patrols by law enforcement to try and stop people who may be “boating under the influence” (BUI).  Law enforcement around the country is gearing up for Operation Dry Water which to crack down on BUI’s on the water.  The goal of this enforcement is to increase safety on the water so that this recreational activity can be enjoyed with less fear of “drunk boaters.”  Just as serious as drinking and driving, so is drinking and operating a boat.  The potential legal consequences as well as the safety of others on the water are essentially the same.  Recent statistics show that up to 16% of boating fatalities result from boating while under the influence. Sadly, almost any accident involving other boats or swimmers almost always results in serious injury and/or death. There are no seatbelts or airbags on a boat. At a minimum, people suffer broken bones.

If you have had a couple drinks and feel as though you should not operate a motor vehicle, the same applies to the operation of a boat.  The article below is a stark reminder of how serious the consequences can be.  Have fun out at the lake or river. Please be safe, not only for others but for yourself as well.

The DUI attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you and your family if you have been seriously injured by a drunk boater. We encourage you to visit our website at www.rjrlaw.com and carefully 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.

Man arrested in deadly boat collision on Ga. lake

By JEFF MARTIN
Associated Press

ATLANTA (AP) – Crews will resume their search Wednesday for a 13-year-old boy who disappeared in a Georgia lake after a fishing boat rammed a pontoon boat, killing a 9-year-old boy and injuring three other passengers on the vessel.

Authorities said the fishing boat left the area after the Monday night collision. Searchers using sonar found no trace of the missing youth Tuesday and authorities in Hall County said the search would continue Wednesday.

They said 44-year-old Paul J. Bennett of Cumming was arrested Tuesday and charged with boating under the influence. A home number for Bennett could not be located, and it wasn’t known whether he has an attorney representing him.

There were 13 people aboard the pontoon boat when it was struck.

 

SC Drunk Boating Lawyer – Blood Alcohol Content and BUI

You would think that given how broadly similar BUI and DUI laws are in South Carolina that the legislature would treat blood alcohol content (BAC) levels as tested by the breath test or breathalyzer the same.  However, the presumptions that BAC gives rise to in BUI cases are very different.

It turns out for BAC’s 0.05% or less there is a conclusive presumption that there is no BUI , i.e. if you blow 0.05% or less no court in SC can convict you of BUI.

For BAC’s 0.06% to 0.07% there is neither a presumption of guilt or innocence.  The prosecution must tell the jury that you blew a 0.06% or 0.07% and use whatever other evidence that was collected at the time of arrest to show that you were incapable of boating safely.

Then, for BAC’s 0.08% or greater, there is an inference of BUI that can be rebutted only if there was some defect in the chemical test itself.

If you have been charged with BUI, you need experienced BUI attorneys that can fight for you.  The attorneys at Reeves, Aiken & Hightower stand ready to fight for you.  Compare our credentials to those of attorneys at any other firm, and then call us at 877-374-5999 or contact us on this form for the help you need.

SC BUI Attorney – Implied Consent on the Water

Just like with DUI on land, a person operating a boat once arrested for BUI on the water is considered to have consented to a blood alcohol content test.

This may come as surprise to freedom loving Americans who might have thought that the Fourth Amendment’s prohibition of unreasonable search and seizure would make this unconstitutional:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

However, South Carolina and many other states have passed BUI implied consent laws that limit your right to refuse a blood alcohol test.  And these BUI implied consent laws have stood up to constitutional muster just as DUI implied consent laws have.

What does this mean for when you are arrested for BUI?  Basically, instead of being able to refuse a breath test, you either have to take the breath test or the fact that you didn’t take the breath test can be used against you at your BUI trial.  Also, if you refuse the test, your privilege to operate a boat will be suspended for 180 days.

Fight your BUI with the experienced BUI attorneys of Reeves Aiken & Hightower LLP.  We encourage you to carefully review our qualifications 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.