Many drivers have encountered tractors hauling farm equipment on two lane roads. Sometimes, the equipment being hauled is too big to fit in one lane of travel or has somehow drifted into the oncoming lane of traffic. When that happens, cars have to move to the right in order to avoid hitting the equipment and having a car accident.
Recently, a driver was headed westbound on a Leesville road when he encountered a tractor hauling a plow. The plow was partially in the westbound lane, and the driver clipped it as he passed. The impact was just enough to cause the driver to lose control of his vehicle and slam into a tree. The South Carolina Highway Patrol is still investigating the crash.
Even though the driver of the car was properly restrained at the time of the crash, the injuries sustained by the unknown driver were just too great, and the driver died at the scene. The driver of the tractor failed to stop when the accident happened. Despite the tractor driver leaving the crash site, police were able to locate him. He was arrested and taken to the Lexington County Detention Center. He has been charged with leaving the area after of an accident and for the plow he was hauling being over the center line.
Those may be the only criminal charges the tractor driver will face, but those charges may not be the only reason he ends up in court as a result of this car accident. Under South Carolina law, the family of the deceased victim has the right to file a wrongful death claim against the tractor driver. Monetary compensation isn’t going to make up for what happened that day, but a successfully navigated claim may at least help the family with the financial aspects of the tragedy.
Source: Lexington, SC Patch, “Driver Charged in Fatal Lexington County Wreck,” Shireese Bell, May 3, 2013
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.