Pedestrian Accident AttorneyA pedestrian was pronounced dead after he was hit by a speeding vehicle in the middle of the road Saturday night.

The South Carolina Highway Patrol stated that the vehicle was travelling on Highway 17, near Market Street, around 11:35 p.m., when the accident occurred.

Apparently, the defendant was a 44-year-old woman was driving down the road way, when she struck and killed a pedestrian who was wearing dark clothing. The defendant stated that the pedestrian was in the roadway, and the driver could not see her.

She said that she tried to swerve to avoid hitting the pedestrian, but the pedestrian stumbled towards the car, according to the defendant. Moreover, there were three passengers were in the car with the defendant at the time of the accident; carrying with her both her son and her two young grandchildren, when they all saw ” something” near the set of the train tracks.

The pedestrian and all of the people that were in the defendant’s vehicle were all taken to the closest hospital at Carolinas Medical Center. The defendant was not intoxicated, and states that “she did not mean to hit the pedestrian and is sorry for the family’s loss.”

The pedestrian’s name has not been released; and no one on the defendant’s vehicle was injured. The South Carolina Highway Patrol is still currently investigating the crime.

The state of South Carolina has adopted what is called ” comparative negligence.” According to S.C. Gen. Stat 15-38-15, the liability and responsibility on behalf of the defendant if for less than fifty per cent of total fault will be abolished. In other words, if the plaintiff is found to be at more fault then the defendant, then the defendant will not be held liable for the damage he causes unless his actions were willful, wanton, or the defendant was grossly negligent due to alcoholic beverage or drugs .S.C. Gen. Stat 15-38-15( 2012).

Moreover, in an action to recover damages resulting from personal injury or wrongful death resulting from tortious conduct where there are two or more defendants, the damages are divisible and to be determined by who was the proximate cause, if one was in fact more liable then the other.

This decision rests in the hands of the fact-finder. If there can be no proximate cause appointed to one or the other defendant, then the defendants will share in the liability jointly and severally. A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact. S.C. Gen. Stat 15-38-15(2012).

Losing a love one is a terrible tragedy to handle. Furthermore, it is not one that should be handled alone. Contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-377-5999 and speak to one of our personal injuries or wrongful death attorneys today.