Settlement Reached in Wrongful Death Lawsuit against North Carolina Police

Settlement Reached in Wrongful Death Lawsuit against North Carolina Police

Settlement Reached in Wrongful Death Lawsuit against North Carolina Police

Charlotte, NC Personal Injury Attorney

According to a news article, the family of a 24-year-old woman shot and killed by a Duncan police officer will receive $700,000 to settle a wrongful death lawsuit. The victim, Rebecca Lynn Oliver, was shot to death at a motel after police responded to a disturbance complaint from a man who indicated that the victim and her boyfriend were behaving suspiciously. According to the lawsuit, the victim entered the unoccupied patrol vehicle and was discovered by the police officer. The suit claims that the victim was unarmed and posed no jeopardy of serious bodily harm or death to the officer, who was outside the car when he fired at her at least four times.

If you are seeking to file a wrongful death suit on behalf of a loved one who passed away because of another’s negligent actions, you should seek the help of an experienced personal injury attorney such as Justin Bice of the law firm of Bice Law, LLC.

Excessive Force

According to the lawsuit, the Duncan police officer used excessive force when he shot her, and that the officer had other available methods of handling the situation that would have been less forceful and would not have placed him in any exposure to harm. The suit alleges that the officer was embarrassed and upset that the victim was able to get into the police car. Therefore, the officer reacted by running and yelling at the victim to get out of the car or he would shoot her. The victim was shot several times by the officer.

North Carolina law allows a police officer to use deadly force against another only when it appears reasonably necessary for self-defense or the defense a third person from the imminent use of deadly physical force. Deadly force may also be permissible in order to effect an arrest or prevent someone from escaping who is doing so with the use of a deadly weapon, or to prevent someone from escaping who is trying to do so because of a felony conviction.

Wrongful Death Suits Against Law Enforcement

In order to sue police officers, plaintiffs have to allege that an officer, as a representative of the law, violated their rights under the Civil Rights Act of 1871. Generally, law enforcement officers are permitted to use whatever force is necessary to make an arrest or defend themselves from the threat of bodily injury or death. With these cases, juries have to make a determination whether a law enforcement officer used more force than was reasonably necessary to make an arrest under the circumstances, and an arresting officer is allowed to use more force to effect the arrest of a resisting suspect or if threatened with death or great bodily harm. Additionally, the U.S. Supreme Court has held that a police officer cannot shoot a fleeing suspect unless it is necessary to prevent an escape and he or she has reason to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

The attorneys at Bice Law, LLC can help you navigate the complexity of wrongful death actions in both state and federal courts in North and South Carolina. There are certain time limits and procedural rules that must be followed, which may ultimately determine whether your complaint will be heard. Contact us today for a free initial consultation.

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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Preventing Accidents for Older Drivers

Preventing Accidents for Older Drivers

 Fort Mill, SC Personal Injury Attorney

South Carolina has been experiencing a slight decline in the percentage of older-driver-involved highway accident fatalities. These drivers are 65 years old and above. According to the South Carolina Department of Public Safety in its 2016 Highway Safety Plan, there were 132 older-driver-involved deaths in South Carolina in 2009, decreasing to 115 fatalities in 2010, before increasing by 7 to 122 in 2011, and increasing to 133 in 2012. Over that four-year period, the number of fatalities in this category of drivers decreased by 1.20% compared to the prior four-year average. However, throughout the 2009-2013 period, those ages 45-54 constituted the plurality of pedestrian fatalities at 23%, followed by those ages 55-64 at 15%. Older persons aged 65 and above constitute 13.2% of the pedestrian fatalities in South Carolina.

If you were involved in a motor vehicle accident anywhere in North or South Carolina and suffered injuries, you may be entitled to compensation. You should seek the help of an experienced personal injury attorney such as Justin Bice of the law firm of Bice Law, LLC.

Older Drivers and Accident Risks

According to the National Highway Traffic Safety Administration (NHTSA), there were 5,560 people 65 and older killed and 214,000 injured in motor vehicle accidents nationwide in 2012.  Although many older drivers may continue to drive safely for years, aging can bring about diminished eyesight and reflexes that may take a dangerous toll on a person’s ability to operate a vehicle. The negative effects of deteriorating vision begin at around 40 years old and affect almost everyone at age 51. Accident crash data from the Insurance Institute for Highway Safety shows that older drivers are involved in more accidents per mile traveled than any other age group except younger drivers (30 years of age and under). Drivers who are 70 to 74 years of age are almost twice as likely to be in a fatal car accident per mile traveled than drivers who are between 35 and 69 years old.

As a precautionary measure, many states require elderly drivers to renew their licenses in person. Twenty-eight states and the District of Columbia have additional requirements for older drivers, starting as early as age 65. These requirements include more frequent renewals and vision and road testing. Under South Carolina statutes, a driver’s license holder who is at least 65 years old must renew their license in-person every five years. A vision test is required during an in-person license renewal. DMV personnel have the discretion to require both a written and a road test.

The DMV can place restrictions or conditions on a person’s license after administering a test and discussing those restrictions with him or her. The most common of these restrictions is the requirement of glasses or corrective contact lenses. Other common conditions South Carolina DMV may impose on older drivers include a prohibition on freeway or nighttime driving, or restrictions from driving during rush hour.

If you have been injured in a motor vehicle accident accident anywhere in North or South Carolina involving those who are older drivers, Justin Bice of Bice Law, LLC can provide you with the expertise and effective advocacy you need to pursue your case and obtain compensation for your injuries. Justin has extensive experience in pursuing personal injury claims effectively on behalf of his clients. Older drivers may be held liable in automobile accidents if they fail to adhere to restrictions or conditions on their driver’s licenses, resulting in a crash. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form.

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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Slight Decrease Reported in South Carolina Speed-Related Fatalities

Slight Decrease Reported in South Carolina Speed-Related Fatalities

Fort Mill, SC Personal Injury Attorney

According to the South Carolina Department of Public Safety in its 2016 Highway Safety Plan, South Carolina’s speeding-related population-based fatality rate was 6.5 fatalities per 100,000 during 2009-2013. In 2013, 39.9% of the state’s traffic fatalities were speed-related. A speeding-related fatality is defined as one that occurs in a crash in which a driver is charged with a speeding-related offense, or in which an officer indicates that racing, driving too fast for conditions, or exceeding the posted speed limit was a contributing factor. For the 2009-2013 period, the report indicated that the counties with the highest percentages of speeding-related deaths in South Carolina were Greenville (103 deaths), Horry (91 deaths), Richland (88 deaths), Charleston (78 deaths), Spartanburg (75 deaths), Lexington (71 deaths), and Anderson (69 deaths).

If you were in a speed-related accident anywhere in North or South Carolina and suffered injuries, you may be entitled to compensation. You should seek the help of an experienced personal injury attorney such as Justin Bice of the law firm of Bice Law, LLC.

Risks of Speed-related Crashes

The National Highway Traffic Safety Administration (NHTSA) indicates that in 2013, 9.613 fatalities in the U.S. resulted from speed-related automobile accidents. In a survey of speeding attitudes and behaviors, NHTSA found that four out of five drivers believed that driving at or near the speed limit makes it easier to avoid dangerous situations and reduces the chances of an accident. However, more than a quarter of individuals surveyed also admitted speeding without thinking about it and that they often try to get to where they are going as quickly as possible. 15% of those surveyed believed that driving over the speed limit was not dangerous if an experienced driver was involved.

To obtain compensation for injuries incurred because of an automobile accident in South Carolina, plaintiffs in a personal injury lawsuit have to be able to prove that the offending driver was negligent. Negligence is a legal term that means someone owed a duty of reasonable care to other people that he or she failed to satisfy, which resulted in injuries. With respect to a speed-related accident, proving a duty of care should is easier because all drivers have a duty to obey all traffic laws. If a driver failed to obey posted speed limits, then they breached their duty to other drivers to obey that particular traffic law. If a plaintiff can provide evidence such as a traffic citation for speeding, then it may be enough to satisfy both requirements of showing a duty of care and showing that this duty was breached. If a plaintiff can prove that a driver was driving at a reckless speed under the circumstances, he or she may still be held liable. This other evidence may come from different sources, including the type of vehicle damage sustained.

If you have been injured in a speed-related automobile accident anywhere in North or South Carolina, Justin Bice of Bice Law, LLC can provide you with the expertise and effective advocacy you need to pursue your case and obtain compensation for your injuries. Justin has extensive experience in pursuing personal injury claims effectively on behalf of his clients. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form.

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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