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, Personal Injury, Wrongful Death
While everyone knows the dangers of drinking and driving, few appreciate the dangers of texting driving. However, statistics and studies confirm that texting driving may be as dangerous as “drunk driving.” So why do we still do it?
Texting Driving Dangers
While the dangers may seem obvious, many of us still do it. Because you are texting someone as you are driving, you are not paying attention to the road. And even if you glance up every few seconds, you are still a real danger. For example, you won’t have enough time to react if driving conditions change quickly. As a result, serious accidents occur, and people get hurt or killed. Rather than take chances, focus on driving and don’t let this happen to you.
Even before the texting driving studies began, I saw first-hand accidents due to texting driving as a police officer. Fortunately, I never had to work an accident where someone was killed. However, I did see accidents where injury and damaged vehicles resulted. While everyone had an excuse, every accident was preventable if the driver had been paying attention. So unnecessary and sad.
Nearly everyone who admitted they had been texting would state they only looked away for a second. It was during that second of looking away that an accident happened. If you absolutely must send a message to someone it is better to pull over and send a quick message and then let the other person you are driving will get back to them shortly. It is always better to play it safe than to end up in an accident that could result in serious injury or even death.
The personal injury attorneys of Robert J. Reeves P.C. stand ready to fight for you are in an accident. 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 directly at 704.351.7979 for a private, confidential consultation to review your case.
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.
