What is “pain and suffering?” If you are hurt because of someone else’s negligence, whether it is an auto accident or another type of personal injury case, you are entitled to payment of full and fair compensation for your injuries from the person or company that was...
Can you refuse the breathalyzer in SC? Driving down the road, on your way home on a Friday night, you see blue lights in the mirror. You stop, thinking you are about to get a speeding ticket, but the officer immediately says, “How much have you had to drink...
If you are walking down the street and a car hits you, can you sue the driver? Is the pedestrian at fault or the driver who hit them? There is no simple rule – instead, SC’s comparative negligence rules apply to determine who was at fault and, if it was the...
If you accumulate three or more serious traffic violations in SC or ten or more violations that carry four points or more, within three years, you will be declared a habitual traffic offender in SC. That means your license will be “revoked,” although the revocation...
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...