In many states, a defendant in an auto accident case can use what is called “the seatbelt defense.” It is contributory negligence, or comparative negligence, to not wear a seatbelt – if you are in an accident and you are not buckled up, it could reduce the amount of...
What does “primary aggressor” mean in a SC domestic violence case? Suppose your husband has been drinking, he starts an argument with you, he knocks you down and you can’t get up, so you start punching him until he lets you up? The neighbors hear the ruckus and call...
How long do you lose your license for a DUI in SC? The answer depends on the type of DUI conviction, how many prior DUI convictions you have had, your Datamaster (breathalyzer) result, and whether the suspension is for a DUI conviction or an implied consent...
What's the procedure after a marijuana arrest? If you are charged with possession of marijuana in SC, you may be scratching your head and asking, “Why?” Although small amounts of marijuana are either legal or decriminalized in most of the states now, SC is not one of...
Whether you are renting a car while on vacation or driving a rental car as your primary vehicle, a rental car accident can create even more anxiety than an auto accident in your own car – who is going to pay for the damage and your medical expenses? Does the rental...
You may already know that, when you are being arrested for a DUI in SC, you can (and usually should) refuse the breathalyzer test. But what about a blood test? Can you refuse a blood test in SC? In Sanders v. SCDMV, the SC Supreme Court upheld an implied consent...
Was there video footage of your car crash? Solid evidence wins trials and, more importantly, helps car crash victims to settle their case for full and fair compensation without a trial. Eyewitnesses, police reports, medical testimony, photographs of the vehicles and...
A magistrate is a type of judge – depending on the context, it could mean a judge with a law degree who is authorized to handle serious matters in the federal court, or it could mean a non-lawyer judge who is only permitted to handle “small” cases in the state courts....
In State Farm v. Windham, decided August 19, 2020, the SC Court of Appeals found that a driver is entitled to stack underinsured motorist (UIM) policies, including a spouse’s UIM policies, when the driver is in an automobile accident driving a rental car. Following...
Although whiplash from a car crash can be a serious, painful injury that is difficult to treat, insurance adjusters and insurance defense lawyers will often discount your injury and attempt to either limit or deny your claim. Why? How serious is whiplash from a car...