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Articles Posted in Car Accidents

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South Carolina Court Holds that PIP Benefits May Be Reduced by Amount Paid for Insured’s Medical Expenses by Workers’ Compensation Carrier

Sometimes, a personal injury or wrongful death case involves only two parties and one theory of liability. For example, when one motorist’s negligence harms another driver in a South Carolina car accident, the injured driver may only need to file a simple negligence claim against the careless motorist who caused…

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South Carolina Supreme Court Refuses Non-Settling Defendants’ Attempt to Add Settling Party as a Third-Party Defendant in Car Crash Case

Suppose that three people are involved in an automobile accident, and the parties agree that one of the three was completely faultless with regard to the cause of the crash. How should the issue of fault be resolved between the remaining two drivers? What if the innocent party settles his negligence…

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South Carolina Court Interprets “Meeting or Overtaking” a School Bus in Car Accident Case – Singleton v. Cuthbert

Every driver should know that South Carolina state law requires a motorist to stop when he or she is meeting or overtaking a school bus with its flashing red lights activated. For obvious safety reasons, a driver is simply not allowed to pass a stopped school bus, nor is he or she…

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After Insurance Company’s Insolvency, the Association Managing Its South Carolina Claims Could Not Offset Amounts Recovered from Other Insurers – Buchanan v. S.C. Property and Casualty Insurance

Being successful in a wrongful death lawsuit arising from a motor vehicle accident requires that the plaintiff prove the basic elements of negligence (duty, breach of duty, damages, and causation). Unfortunately, however, not every legally sound case results in a fair amount of compensation for the victim’s family. The second –…

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Federal Court in South Carolina Rules that Golf Cart Accident Was Not Covered Under Manufactured Home Insurance Policy – American Southern Home Insurance Company v. Goodale

Do you have insurance on your home? Do you know what it covers? As a recent case shows, if you have homeowner’s liability insurance, you might think you are covered for more situations than you actually are. It’s always a good idea to review your policy from time to time…

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South Carolina’s Beverage Control Regulations: Restaurants And Bars Have Legal Responsibility For Drunk Drivers

Historically, in South Carolina , there was no common law cause of action holding restaurants and bars responsible for injuries by drunk drivers who consumed alcohol at their establishments. In numerous states, dram shop acts were legislated which provided remedies to those injured by drunk drivers who were over served…

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South Carolina Jury Should Have Been Instructed Concerning Lack of Presumption of Intoxication for .018% BAC in Train-Car Collision – Stephens v. CSX Transportation, Inc.

The right to a jury trial is very important to our civil justice system. That said, jury trials can be complex and lengthy because of all of the procedural safeguards that are in place to make sure that the jury, presumably made up of laymen, considers only admissible evidence and is…

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$3 Million Verdict Against Unknown Trucker Affirmed by South Carolina Appellate Court – Tucker v. Doe

Have you ever wondered what would happen if you had a car accident due to the negligence of someone else  but you had no way of identifying the negligent party? South Carolina law requires every motor vehicle owner to carry uninsured motorist (UM) insurance, which may allow you to file a…

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