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.
Jul 26, 2012 | Car Accidents, Uncategorized
Last night, the Lancaster County Sheriff’s office found a Lancaster man dead in his still-running car in the woods. Officers responded to Lamplight Road after someone reported seeing a suspicious vehicle. The engine was still running and in gear. The man was dead inside the car. The cause of death is uncertain and is pending autopsy.
Foul play is not yet certain. No suspects have yet been identified.
No report has been made that fire arms were used, and an accident involving the car has not been ruled out.
The Lancaster Car Accident Attorneys of Reeves, Aiken & Hightower
If you or someone you know has been injured or killed in any 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.
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.
Jun 21, 2012 | Car Accidents, Personal Injury, Uncategorized
In South Carolina, the rule is comparative negligence: even if a plaintiff is partially negligent, that plaintiff can still recover if their negligence does not exceed the negligence of others. The recovery will, however, be reduced in proportion to the plaintiff’s negligence.
For example, if a plaintiff is 30% at fault (negligent), and one defendant is 70% at fault, and damages as determined by a jury are $100,000, the plaintiff would get a verdict for $70,000 from that defendant. You might be thinking about how one would determine the percentages of fault. The answer is that the legal system just punts. The case is put on by both the plaintiff’s side and the defense, witnesses are called, and arguments are made. Then, the jury is told the rule, that they have to determine how much each party was at fault, and they come up with an answer. So, they ignore how hard the question is, and they come up with an answer because eventually they will tire of deliberating.
There are a few wrinkles to the comparative negligence rule though.
50% or 51%: The rule in SC is that the plaintiff’s negligence must not exceed that of the defendants, i.e. in a case where a jury determines that the plaintiff and defendant split fault exactly 50-50, the plaintiff gets 50% of damages. If the plaintiff is the least little bit more at fault than the defendant, the plaintiff is barred from recovery. This rule is called the 51% bar rather than the 50.000…001% bar because 51 percent bar is easier to say.
What happens when there are multiple parties? In multi-party suits, the plaintiff’s negligence must not exceed the combined negligence of the defendants. So, even if there is no defendant individually responsible for 51% of the negligence, the plaintiff’s claim is not barred.
Is it an affirmative defense or is the burden on the plaintiff? It turns out that, although contributory negligence was treated as a defense, comparative negligence generally acts as a burden on the plaintiff. In South Carolina, the burden is on the plaintiff to prove that the defendant was negligent by a preponderance of the evidence. The defendant can of course offer evidence that they were not negligent, but they can also offer evidence that the plaintiff was negligent as well. Ross v. Paddy.
Reeves, Aiken & Hightower: Serious Accident Attorneys
If you have been in a serious accident, and need help of a serious accident lawyer, please browse our website. Compare the credentials of attorneys at Reeves, Aiken & Hightower to the attorneys at any other firm. Then call us at 877-374-5999 or contact us at this link for a private consultation.
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