Most South Carolina drivers already know how easy it can be to overcorrect when they start to lose control of their vehicle. It does not take much to completely lose control and have an auto accident. If a driver is impaired, the chances of having an accident under these circumstances increase exponentially.

The South Carolina Highway Patrol and local agencies are awaiting the results of both an autopsy and toxicology screen to determine whether the driver in a recent single car accident was impaired at the time she lost control of her vehicle. Neither the driver nor her passenger was properly restrained when the driver attempted to get the car back on the road from the right shoulder. Unfortunately, the driver’s attempts were unsuccessful, and the vehicle ended up careening into the trees and crashing.

When authorities arrived at the scene sometime after 2 a.m., they discovered the deceased driver and her injured passenger. Emergency personnel transported the passenger to a local hospital with unidentified injuries. The current condition of the passenger is not known.

Regardless of whether the driver was impaired at the time of the auto accident, the passenger retains the right to file a personal injury claim against the estate of the deceased driver. All that is necessary is for negligence on the part of the driver to be proved to the court’s satisfaction. If the passenger prevails, he or she may receive an award for damages for any out-of-pocket medical expenses, lost wages and pain and suffering.

Source: wrdw.com, “UPDATE: Driver ID released for fatal crash in Bamberg County“, , July 4, 2014

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Steven M. Krause

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.