One of the hardest things for people to deal with while they grieve a wrongful death is to realize that the fatality could have been easily preventable. This is especially true for traffic intersections that are known to be dangerous. Sometimes, a wrongful death occurs because of confusion over something as simple as traffic signals. Fortunately, as one South Carolina woman is demonstrating with her actions to improve traffic safety, there are ways in which the community can demand safer roads.

For her, the battle for safer roads is personal. Five years ago, her daughter died after a truck crashed into her vehicle at an intersection which was known to be dangerous. There were no traffic signals at the intersection. After the accident, she embarked on a mission to alert the South Carolina Department of Transportation to these unsafe roads.

South Carolina residents can always contact the Department of Transportation with concerns about unsafe roads. After an accident occurs, the Department of Transportation usually sets up a study to determine whether any additional safety measures are needed at the intersection. It can be difficult and time consuming to get improvements on unsafe roads, but for those who have been affected by dangerous intersections, it is worth the effort.

In addition, if a loved one is injured or killed at an unsafe intersection, it may be possible for the family of the victim to file a wrongful death claim against the Department of Transportation for allowing these dangerous conditions to persist. This type of legal claim requires the family to prove that the DOT was negligent in constructing or maintaining the roadway in a manner that caused or contributed to the fatal accident. In doing so, the history of any prior complaints about the safety of the intersection, as well as the DOT response to the complaints, may be relevant in determining if liability exists.

Source: WMBF-TV, “Fatal crash sparks need to report unsafe roads,” Oct. 9, 2012

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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.