It is the responsibility of every South Carolina driver to pay attention when behind the wheel. It only takes seconds for a car accident to happen. When a person loses focus due to impairment, distracted driving or some other reason, those precious seconds needed to avoid causing an accident disappear.
Recently, two vehicles were traveling in opposite directions on a South Carolina road. For a reason either not yet discovered or disclosed by investigators, one of the drivers failed to notice that his vehicle had crossed over into oncoming traffic in time to avoid slamming head-on into another vehicle. He was wearing a seat belt and reportedly did not suffer any injuries.
Even though the other driver was also wearing a seat belt, she did not fare as well. Emergency personnel had to free her from her vehicle. When they did, it became clear that she suffered fatal injuries during the crash. She did not survive long enough to receive medical care.
This unfortunate accident is still under investigation. While the woman’s family awaits answers regarding how their loved one died, authorities are working to determine whether charges will be filed against the surviving driver. If for some reason authorities determine that the driver’s actions do not rise to the level of being criminal, the family may seek justice for their loved one through the filing of a civil action.
The standard of proof in a wrongful death claim would be less than is required in a criminal action. Therefore, it may be easier to prove negligence in civil court. If the family does successfully litigate a civil action in connection with this car accident, they may receive damages that could alleviate the financial burdens brought on by their loved one’s death.
Source: heraldonline.com, “FORT MILL: Fort Mill woman, 36, dies in head-on crash“, , April 1, 2014
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.