Lexington County authorities have identified a 35-year-old man from Miami, Florida who died at Lexington Medical Center after being struck by a vehicle in a construction zone on Interstate 26 last week. This incident occurred on November 11th, just after 11:00 p.m., near exit 111. It was further reported that the driver, who was responsible, was driving a 2004 Chevy Tahoe, drove into a lane that was closed for construction and struck the worker. At this time, no charges have been filed; however, the incident is under investigation.
If the driver, who is responsible, is eventually apprehended and found to be at fault, criminal charges and civil damages may be at stake. In South Carolina, to recover damages in a car accident lawsuit, a cause of action for negligence must be brought against the at-fault driver. South Carolina is a modified comparative negligence state, meaning that even if a plaintiff is partially at fault in the auto accident, that plaintiff can still recover if their negligence does not exceed the negligence of others. However, the recovery will be reduced in proportion to the plaintiff’s negligence in the accident.
The negligence of the plaintiff, in South Carolina, must never exceed that of the defendants for their to be a recovery. Further, if there is more than one defendant in the auto case, the plaintiff’s negligence must not exceed the combined negligence of the defendants. The burden is on the plaintiff in South Carolina negligence suits to prove that the defendant was “at fault” in causing the plaintiff’s injuries by a preponderance of the evidence. The defendant, on the other hand, can offer proof that they were not negligent, and that the plaintiff was more negligent.
If you or a loved one has been involved in an accident and injuries have resulted through the negligence of the defendant, contact the law office of Reeves, Aiken & Hightower, LLP for a confidential consultation. We are here to help you determine whether you have suffered injuries as the result of another’s malfeasance, and to what degree you might be at fault. This determination will allow us to determine whether your case has merit before we put it before the court and the jury. Call our Fort Mill, South Carolina office at 803-548-4444, or toll-free at 877-374-5999.