The Local Police Department has just released the details to a terrible tragedy where an 18-year-old girl lost her life in a single-car accident.
Accordingly, the young girl was driving her 1998 Honda Accord southbound on the highway, right before she reached the city’s limits. She was met by a sharp curve that she was not anticipating, and in an attempt to over-correct her vehicle, she lost control and went off the left side of the road, where she ultimately struck a tree.
As stated above, the wreck was just inside the city limits. Sadly, there was nothing the Medics could do when they arrived, and the young girl was pronounced dead on scene.
The next morning, hundreds of students from her high gathered together in memory of their beloved senior and friend.
There are no definite answers yet aside from the over-correcting of why the accident occurred. It may be assumed that if she was unprepared for the curve, then she was driving too fast under the conditions, and thus maybe though to of been recklessly driving. There are no details as to whether alcohol or any of substance was a factor.
In a situation as the aformentioned one, there is a possible claim for ” wrongful death.”
According to the South Carolina State Stautue 15-51-10, the civil action for a wrongful act that results in death is defined as ” whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony.” S. C. Gen Stat. 15-51-10( 2012).
In other words, a person operating a vehicle while under the influence of alcohol may be held liable for a civil action under a ” wrongful death claim.” The intent of the defendant has no bearings on the result.
Moreover, wrongful death actions in South Carolina are successful, only if the victim would have won the case if he had not perished. Furthermore, if the defendant dies, the victim’s family is still entitled to bring a civil suit agaisnt the defendant’s personal representative or estate.
If you or someone you know has been involved in a serious car accident, or charged with reckless driving, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 and talk to us about your situation. Call today or visit our homepage at www.rjrlaw.com.