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Lancaster Toddler Killed by Car–Lancaster Accident Attorneys

A 17-month-old boy walked into the path of a car traveling on Loraine Lane in Lancaster County and was killed, according to the S.C. Highway Patrol.

The incident occurred Thursday evening around 5:45 p.m. in a residential community north of S.C. 9, situated approximately two miles west of Buford, S.C.

Troopers say the child was struck by the woman’s 2004 Kia van and was later pronounced dead.  No charges have yet been filed in this case.

Lancaster Accident Attorneys

If you or a loved one have been involved in an accident that resulted in personal injury ir death,  please contact the experienced accident attorneys of Reeves, Aiken & Hightower LLP. Our seasoned trial lawyers are able to help those individual injured in South Carolina and North Carolina. With over 75 years combined legal experience, former insurance defense backgrounds, and a former Registered Nurse (RN), our team is standing by to help get you and your family through this difficult time. For more information, please visit our website at www.rjrlaw.com. Compare our attorneys’ credentials. Then, call us for a private consultation about your particular situation and let us get you the jelp you and your family deserve!

Shoplifter Killed in Car Wreck- Lancaster Accident Attorneys

The South Carolina Court of Appeals ruled in favor of Wal-Mart Stores East, L.P., and a security firm in a case arising out of the death of a woman who attempted to steal two pairs of jeans but then died in a crash when store security continued to pursue her after leaving the store parking lot.

In June of 2006, Alice Hancock drove to a Lancaster Wal-Mart with her sister in the passenger seat. The two women went into the store, put two pairs of jeans into their bags, and left the store “undetected,” as they so thought. Apparently, the store security manager, Mr. Jones, was told to do whatever was necessary to obtain the license plate number of the suspected thieves, even after they left the parking lot. 

The issue was that the instructions given to Jones were in violation of Wal-Mart’s store personnel policy for addressing shoplifters.  According to court records, employees are prohibited from pursuing fleeing shoplifters that are in a moving vehicle. This did not stop Jones, however, as he then pursued the two shoplifters by vehicle. The chase lasted about two miles when Hancock crashed her car and was subsequently pronounced dead on scene. 

Concluding the case, and despite the policy violation, the court decided 2-1 in favor of Wal-Mart and the security firm.

Lancaster Accident Attorneys

If the unthinkable happens in your life, call the experienced wrongful death attorneys of Reeves, Aiken & Hightower LLP. Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives.

 

Motorcycle Accident ends in Fatality- Lancaster Accident Attorney

A Lancaster man was  involved in a motorcycle accident last Saturday has since been pronounced dead. Thomas Russell Harris, age 21 of Indian Land lost his life when his Honda motorcycle struck a culvert pipe of U.S. 521.

Apparently, Harris was riding his motorcycle when it ran off the right side of the roadway and struck the culvert pipe, which carries water from one side of the road to the other.

Confusingly, when the police report was released, Harris was claimed to be a resident of Mint Hill, North Carolina. The correction was not made until  the Lancaster County Coroner was notified many days later of the mix up. The correction has since been made that Harris was in fact a resident of Lancaster County.

Lancaster Motorcycle Accident Attorneys

If you have been involved in a serious motorcycle accident in the Lancaster, Rock Hill, or Fort Mill  area, carefully compare our attorneys’ credentials to any other firm. Then call us for a private consultation about your case. For more information about our firm, please visit www.rjrlaw.com or call us directly at 803-548-4444.

Accident Law and Indian Reservations – NC Accident Attorneys

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.

When Sharing the Road Becomes Deadly- Rock Hill

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.