Reeves, Aiken & Hightower LLP

A hit and run accident in South Carolina can be a serious offense for both minor and adult drivers. There are several instances in which leaving the scene of an accident will incur penalties and fines.

When nursing homes neglect elders and they suffer injury, the injured person or their family will most likely have a claim against the nursing home. Nursing homes have certain duties that they must fulfill to their patients, and whenever a nursing home fails in those duties, there is a basis for a claim.

At any trial, parties must show evidence to prove their claims. Sometimes, the most effective way, or even the only way, to prove a point is through physical or documentary evidence, e.g. the allegedly defective product in a products case, the weapon actually used in a criminal case, or patient files in a case of nursing home negligence. There are obvious motives to destroy such evidence, and destroying or failing to safeguard such evidence is known as spoliation.

While most would agree that the most significant piece of evidence in a DUI case is the results of a blood alcohol test, cases do arise in which this information is not available. It then comes down to a debate between the arresting officer, and the defendant.

After the loss of a loved one in an accident, the last one anyone wants to think about is the law. However, the law has attempted to at least partially remedy the injustice suffered by the family. The law provides two separate causes of action: (1) wrongful death actions, and (2) survival actions. These two different bases for lawsuit are entirely separate, and without consent of both parties, the two cannot be tried in the same courtroom.

An injury, even after a trucking accident, is alone not enough to warrant a personal injury recovery. An injured person must prove that someone is liable, whether through negligence or some other theory of liability. One common theory of liability against trucking companies after an accident is “negligent hiring.” Negligent hiring is a theory of liability where the plaintiff accuses an employer of failing to exercise reasonable care in hiring an employee or retaining an independent contractor.

There are a lot of things to be concerned with after a car accident, but when you are on vacation on the reservation, there is one extra worry: What happens if you get into an accident in on the Indian reservation? Will the law be the law that you have come to expect in car accidents? Will you have to have your lawyer file your suit in a tribal court?