School is back in session, and that means that children are going to be on the streets waiting for their buses. South Carolina drivers may want to take a little extra time in the state’s neighborhoods in order to watch for these children. It would be devastating for a driver and the family of a child if a pedestrian vs. car accident occurred because the driver failed to exercise a little extra diligence.

In one South Carolina county, warnings such as this came too late. Residents in the area where the accident occurred have contacted the Department of Transportation about the fact that many vehicles fail to obey the speed limit in the area. Residents believe that the installation of speed bumps or traffic lights on the street in question could slow traffic down.

The crash occurred on a street where children routinely wait for school buses during the school year. Witnesses say that a maroon SUV struck a boy who was waiting for his bus. When neighbors ran to the boy’s aid, it was thought that he had suffered a head injury. He was flown to a hospital in the area, but his injuries were too severe, and he died shortly after the incident.

The South Carolina Highway Patrol is investigating this tragic car accident, but reports indicate that it was determined that the boy’s death was an accident. Even though the driver’s conduct may not rise to the level of being criminal, that does not preclude his family from filing a wrongful death claim against the driver. The burden of proof in civil actions is not as stringent as in criminal proceedings, and if negligence can be proved to the satisfaction of the court, an award of damages may be considered.

Source: abcnews4.com, “Child waiting on bus killed in Moncks Corner crash“, , Sept. 12, 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.