On a recent Friday, a section of Interstate 26 in upstate South Carolina was shut down for over three hours. Officials shut it down because they were unsure of whether one of the trucks involved in an 18-wheeler accident was carrying hazardous cargo. Once it was determined the cargo was safe, one lane was reopened.
It was 2:10 a.m. when the two tractor-trailers collided on the eastbound side of the interstate. The force of the impact caused one of the trucks to burst into flames. Unfortunately, its driver was not able to get out of the truck in time. The 54-year-old man was pronounced dead at the scene.
The 53-year-old driver of the other tractor-trailer was not injured in the crash. Details regarding the cause of the crash were not released. At last report, the investigation was ongoing. It is not yet known which driver is believed to have been responsible for the accident.
The deceased driver was driving a truck for a Florida company called Vice Trucking, Inc. The driver was from Miami, Florida. His family may receive workers’ compensation benefits to help with the financial impact his death will undoubtedly have on them. Survivor’s benefits may include assistance with the cost of his funeral and burial. His family may also receive a compensation package to help with the loss of his income.
However, the family may also file a third-party claim against the other driver involved in the 18-wheeler accident, along with that driver’s employer. Proving negligence on the part of the surviving driver in a South Carolina court could result in an award of damages. Any monetary restitution received could supplement the benefits received from the workers’ compensation system.
Source: wyff4.com, “Fiery wreck kills Florida truck driver in Laurens County“, Jan. 9, 2015
Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.