Leaving the Scene of an Accident in South Carolina

Leaving the Scene of an Accident in South Carolina

FORT MILL, SC PERSONAL INJURY LAWYER

Leaving the Scene of an Accident in South Carolina 

Leaving the scene of a car accident in South Carolina is a very serious offense. Any driver involved in a hit and run incident on South Carolina’s roadways will be punished with jail time and fines. The penalties will be even more severe if the driver flees the scene of an accident after hitting another person and causing personal injuries or death.

The statutes governing hit and run type incidents in South Carolina are codified in Section 56-5-1210 et seq. of the South Carolina Code of Laws.  Below is a brief synopsis of a driver’s duties when striking either a person or another car on a public roadway in this state.

Hitting a Car or Person and Causing Personal Injury or Death

A driver of a car involved in an accident resulting in personal injury or death of another must immediately stop the car and remain at the scene. The driver may temporarily leave the scene to report the accident to law enforcement as necessary but most return to the scene as soon as possible.

The driver must give his name, address, driver’s license and car registration number if requested to do so. Further, the driver is under a duty to render aid as is reasonable to the person who was struck.

A driver who fails to stop and comply with the above requirements is guilty of the following:

  • When personal injury results but not great bodily injury or death, the driver is guilty of a misdemeanor and, upon conviction, must be imprisoned for at least 30 days and fined at least $100.
  • When great bodily injury results, the driver is guilty of a felony and, upon conviction, must be imprisoned at least 30 days and fined at least $5,000.
  • When death results, the driver is guilty of a felony and, upon conviction, must be imprisoned for at least 1 year and fined at least $10,000.

Hitting an Attended Vehicle

A driver of a car involved in an accident resulting only in damage to another car that is being driven or otherwise attended to by another person must immediately stop at the scene. Again he must, if requested, show forms of identification and may temporarily leave the scene in order to alert authorities of the situation.

A driver who fails to stop and comply with the above requirements is guilty of a misdemeanor and upon conviction must be imprisoned for up to year and fined $100, or both.

Hitting an Unattended Vehicle

A driver of a car that hits another unattended car must immediately stop and attempt to notify the owner or operator of the car. If the owner or operator can not be located at that time, the drive must leave his name and address along with a statement of what happened in a conspicuous place on the unattended car that its owner can easily locate.

Sadly, hit and run incidents occur everyday. If you have been the victim of a hit and run and have suffered a personal injury, you will need a qualified attorney to help you fight for just compensation. Please contact Bice Law, LLC today if you or someone you know needs competent legal representation.

Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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Filing a Wrongful Death Claim in North Carolina

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Charlotte, NC Personal Injury Lawyer

Filing a Wrongful Death Claim in North Carolina

 Anytime we lose a beloved person in our lives the pain and sorrow are difficult to deal with. The experience is even more agonizing and trying when someone else caused the death of someone we loved.

A wrongful death claim will not bring our cherished family member back, but it may hold a negligent person responsible for the harm and pain they have caused.

What is wrongful death in North Carolina?

Section 28A-18-2 of North Carolina’s Statutes defines wrongful death as a death “caused by a wrongful act, neglect, or default of another.” The statutes goes on to explain that a wrongful death claim is appropriate if, had the injured person lived, he or she would have been entitled to damages for their personal injuries.

Thus, a wrongful death suit is similar to a personal injury suit but the injured person is no longer alive to take the person responsible for their death to court.

Who can sue for wrongful death?

Since the victim of the negligence has passed away, someone else must file the wrongful death claim behalf of the decedent and his or her family. The appropriate person to file the suit is called a personal representative of the decedent’s estate.

The decedent may have appointed a personal representative in their will, but if not, the court handling the decedent’s estate will appoint the personal representative.

Is there a time limitation on filing a wrongful death claim?

In North Carolina there is a statute of limitations on all wrongful death claims. A statute of limitations is the amount of time you have to file a legal claim.

The decedent’s personal representative must file a wrongful death claim within two years of the decedent’s death. If the claim in not timely filed, the family may lose their chance to collect damages forever.

What types of damages are included in a wrongful death suit?

A wrongful death claim in North Carolina carries with it the possibility for the family to recover many types of damages. These damages include:

  • Medical expenses including hospitalization, surgery or hospice care for the decedent resulting from the negligence.
  • Pain and suffered endured by the decedent before his or her death.
  • Reasonable funeral expenses.
  • Loss of the decedent’s income as well as their services, protection, care and assistance.
  • Loss of the decedent’s companionship, comfort, guidance and advice.

If damages are awarded, the damages are applied in the following order: first to pay the estate for the expense of pursuing the wrongful death claim, then to pay reasonable attorneys fees and any outstanding funeral and medical bills, and finally to the decedent’s beneficiaries directly.

The decedent’s personal representative must file any wrongful death claim within two years of the decedent’s death. You and your family will need a seasoned attorney to represent your interest in court. Contact the legal professionals at Bice Law, LLC today in order to ensure any wrongful death claim is filed in a timely manner.

Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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We Had an Agreement! Or Did We?

Charlotte, NC Personal Injury Lawyer

We Had an Agreement! Or Did We?

 Talk is cheap. Surprisingly, each and every day people make oral business agreements. Despite the matter’s simplicity or seriousness, they often do not think whether or not the agreement is legally enforceable if one side or the other were not to live up to their end of the bargain.

Many of us want to believe that a business agreement accompanied with a handshake is all that is needed, and that litigation to enforce the agreement will not be necessary. Unfortunately, this honor system many North Carolinians respected is gone.

An Oral Contract and its Enforceability

An oral contact is an agreement between two parties that is either partly or entire verbal. The parties simply discuss the terms of the contract but never memorialize the agreement into a writing signed by both the parties.

Oral contracts may be enforceable in North Carolina if the party wishing to enforce the terms can establish that an agreement existed. That party must also be able to reliably ascertain the terms of the agreement.

Establishing that an agreement actually existed and proving its terms is very difficult to do, especially when there is nothing written down memorializing the agreement.

Contracting in this way can be very risky and potentially very dangerous from a business standpoint. One side can try to establish that the agreement existed and the other can simply deny its existence. Without solid proof of an oral agreement, the agreement will not be enforced by a court of law.

The Statute of Frauds

Oral contracts may be enforceable if a party can establish that an agreement existed. However, North Carolina has adopted the Uniform Commercial Code, which in turn requires that certain types of contracts comply with the statute of frauds.

In order to comply with the statute of frauds, specific types of contracts must always be memorialized in a writing signed by both parties to be legally enforceable. Further, the writing must contain all the essential terms of the agreement – the subject matter, the price, the quantity, and the consideration paid.

In North Carolina, the following types of contracts must comply with the statute of frauds:

  • Leases of real property for longer than 3 years;
  • Easements of longer than a year;
  • Mortgages or deeds of trust;
  • An interest in land;
  • A surety, or personal guarantee, promise to pay;
  • A marriage;
  • The executor of an estate’s promise to guarantee estate debts;
  • Covenants not to compete;
  • And the sale of goods by a merchant valued at $500 or more.

The bottom line: it is always best to have any type of agreement, large or small, memorialized in writing. It is also a good idea to work with a seasoned business litigation attorney who can guide you in the writing and signing of a valid, legally enforceable agreement.

The attorneys at Bice Law, LLC have years of both business and contract law experience. Contact the firm today in order to receive sound business law advice and guidance.

Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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