An April 27, 2015, crash on Highway 29 in Belton, South Carolina (SC), involving a moped and a car appears to have been no accident. According to television station WYFF, Anderson County police investigating the collision that left the moped rider needing hospital treatment for lacerations and other injuries was caused by a driver who became angry when the motorbike’s owner refused to sell him the moped.
The wreck had originally been classified as a hit-and-run collision because the at-fault driver had fled the scene after swerving out of his own lane and making contact with the moped. The injured victim provided a detailed description of the car that struck him, and law enforcement officers used that information to track down the driver.
In addition to charges related to the crash, the at-fault driver has also been accused of attempted murder.
As a Carolina personal injury lawyer, I have often seen how much pain and suffering distracted, reckless and intoxicated drivers can inflict on moped and motorcycle riders. Learning that the person who caused this potentially fatal wreck in Belton apparently meant to end the victim’s life shocks and saddens me. It is fortunate that the man on the motorbike survived, and my law firm colleagues and I wish him a full and rapid return to health.
However the criminal charges get adjudicated, the victim of the alleged murder attempt may have grounds for seeking justice and compensation through the civil court system. State laws recognize a category of wrongful and injurious or deadly actions called intentional torts. Defined in the most basic terms, an intentional tort is an action taken with the knowledge that someone else could suffer a loss of money or goods, a physical injury or a loss of life. While laws related to personal injury and wrongful death cover negligence or recklessness, intentional tort law relates to a desire to hurt someone or deprive another person of his or her property.
The problem facing those injured by a driver committing a potentially intentional tort is that most car insurance policies do not cover such claims. On the other hand, a dangerous or reckless action is covered by a car insurance policy.
The awarding of monetary damages for intentional torts does not require a criminal conviction. However, evidence collected in the course of police investigations can be used to support claims for civil compensation.
EJL
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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