Brain Injury Attorney Blog

A Longs motorcycle driver died early Wednesday after he lost control and crashed while being chased by an Horry County police officer, according to authorities. Hartford Dwayne Holmes, 49, of Longs, was pronounced dead at 1 a.m. from internal injuries while being treated in the emergency room of Loris Community Hospital, Horry County Coroner Robert Edge said. An autopsy was performed Wednesday morning and showed Holmes suffered massive trauma.

The report says that Horry County police had been at a traffic stop in an unrelated case on S.C. 9 Bypass near Loris. An officer was leaving that unrelated incident when he noticed a motorcycle speeding. The officer radioed another officer that the motorcycle passed him going over 100 mph on S.C. 9. The officer wrote that he could see the headlight of the motorcycle quickly approaching, going west of S.C. 9. The officer noted the motorcyclist drove by him at a high rate of speed.

The report states that he pulled out behind the motorcycle and caught up with the driver, who was going over 100 mph. The officer said by the sound of the motorcycle, the driver did not attempt to slow down. For unknown reasons, the motorcycle left the road and crashed into a ditch and his helmet came off as he landed.

Motorists should be very cautious when driving in Myrtle Beach because there are so many motorcyclists on the road. Always check blind spots when passing motorcycles and other vehicles. "Most motorcycle deaths in South Carolina result from failure to yield on the part of either the motorcyclist or vehicle. The collision is often complicated by the motorcyclist’s speed and/or failure to use a helmet." Although this particular accident happened because of the motorcyclist's own negligence, it is still important to be aware of motorcyclists on the road.

If you or someone you know has been injured in a motorcycle accident, call one of the injury lawyers at The Mace Firm for a free consultation. Our experienced personal injury lawyer in Myrtle Beach is ready to talk with anyone about their case.

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The family of an African-American man, James Anderson, who was killed when he was beaten and run over with a truck has filed a wrongful death lawsuit against a group of teens alleged to have been present at when he was attacked. The wrongful death lawsuit was filed by the victim's family on Tuesday in Mississippi. They are seeking a jury trial and damages related to the incident. The suit alleges that 7 white teens were targeting African-Americans to harass. U.S. Department of Justice investigators are now in Jackson, investigating the death as a possible federal hate crime and assisting local prosecutors.

Anderson's death occurred on June 26 in Jackson, Mississippi. He died at the hands of white teens who, after a night of partying and drinking, decided to "go f*** with some n******," police said, quoting one of the suspects in the case. "James Anderson lost his life for no other reason than the color of his skin," said Morris Dees, chief trial counsel for the Montgomery, Alabama-based Southern Poverty Law Center, in a statement. The law center filed the suit on Anderson's family's behalf along with Mississippi wrongful death attorney Winston J. Thompson III. "Those responsible must be held accountable for their callous and deadly actions. We are filing this lawsuit today to ensure his family gets a measure of justice."

Deryl Dedmon Jr., 19, of Brandon, Mississippi, is facing capital murder charges in Anderson's death and may get the death penalty. A second teen, John Aaron Rice, 18, was initially charged with murder, but a judge reduced the charges to simple assault because Rice was not believed to be driving the vehicle used to kill Anderson. Hinds County prosecutors said they will be seeking indictments against teens for murder and a hate crime, they will also seek indictments against other teens who were at the scene. At this time, neither teen has issued a plea. According to the suit, the five other teens who took part in the attack, are: Sarah Graves, of Crystal Springs; Shelbie Richards, of Pearl; and William Kirk Montgomery, John Blaylock and Dylan Butler, all of Brandon. None of the five has been arrested or charged, and it is unclear whether they had retained attorneys.

A civil trial can proceed at the same time as a criminal case, but the civil case may be delayed pending the resolution of a criminal trial. While a criminal case is pending, a defendant in a civil case may need to invoke the Fifth Amendment. Thompson said Tuesday the civil case will be pursued in conjunction with the criminal case. If attorneys for Dedmon and Rice file a motion to stay the suit pending the outcome of a criminal trial, "then we'll take that up with the judge."

If you or someone you know would like to file a wrongful death lawsuit, contact one of the experienced Myrtle Beach wrongful death lawyers at The Mace Firm. Our wrongful death lawyers in Myrtle Beach will provide you with a free consultation to talk about your case.

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The family of Leiby Kletzky, the 8-year-old New York boy who was "terrorized, physically and psychologically assaulted and injured, and was murdered and his body dismembered, with parts of his body hidden in a refrigerator." The boy's father, Nachman Kletzky, is seeking over $100 million in damages in a wrongful death suit filed against the murderer who abducted his son as he walked home from day camp. Levi Aron admitted that he killed the boy by poisoning him with pills and smothering him with a towel before dismembering his body.

The suit claims "'The defendant’s culpable acts ... were utterly reckless, malicious, wanton, wilful and exhibited a depraved indifference to the health, safety, freedom and rights ... of Leiby Kletzky." The family is also suing Aron's father because the murder happened in his home. The wrongful death lawyer will argue that he should have known and stopped any of his son's criminal behavior. It is equally unlikely that the Kletzky’s will never receive a penny from their son’s killer, who lived on the top floor of his parents' house, but clearly the purpose of their wrongful death lawsuit is to make a statement about their loss—which in the end is incalculable.

Some information about wrongful death suits:

Originally, wrongful death statutes were created to provide financial support for widows and orphans and to motivate people to prevent injuries. A wrongful death action is separate from criminal charges, and neither proceeding has an affect on other. This means that a defendant acquitted of murder may be sued in a civil action by the victim's family for wrongful death.

An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury that results in death. For example, a blow to the head during a fight that later results in death is an injury that is intentionally caused. The driver of an automobile who is involved in an accident and unintentionally causes the death of another may be held liable for negligence. An individual who violates local law and neglects to enclose a swimming pool in his yard can be held liable for failure to act if a child is attracted to the pool and drowns.

Wrongful death statutes do not apply to an unborn fetus, as an individual does not have a distinct legal status until he is born alive. If an infant is born alive and later dies as a result of an injury that occurred prior to birth, an action may be brought for wrongful death.

If you or someone you know would like to speak to an experienced wrongful death attorney, call The Mace Firm for a free consultation. Our wrongful death lawyers in Myrtle Beach are ready to speak with you about your case.

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