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Can a South Carolina Fatal Car Accident Create a Wrongful Death?

Can a South Carolina Fatal Car Accident Create a Wrongful Death?

According to data provided by the South Carolina Department of Transportation, there were 503 fatal accidents in 2010 through August. The top causes for these deaths are accidents involving DUI, too fast for conditions, and failure to yield the right of way. Many of these deaths occur in and around Lexington or Columbia, and many of them could be considered wrongful deaths.

Wrongful death is a legal term referring to any fatality caused by the carelessness, negligence, or fault of another party. Proving liability for a wrongful death can be a difficult and complicated process.

To establish a legal wrongful death a wrongful death attorney will need to prove that the death was caused by an unlawful act or omission of the at-fault party. Unlawful in this contest doesn't necessarily mean against South Carolina criminal law, but rather against civil tort law.

When a traffic accident results in a fatality a legal cause of action for wrongful death may exist when:
  1. The driver of the other vehicle was responsible for the collision;
  2. A passenger died as a result of the fault of their driver;
  3. The accident was caused by the negligence of another such as an improperly marked construction area.

Damages for a traffic accident and wrongful death may include final medical expenses, funeral bills, lifetime lost earnings, pain and suffering, and financial damages to the next of kin for the loss of their loved one.

To discuss your claim for a South Carolina Wrongful Death action contact the Law Office of James R. Snell, Jr., LLC, at 1-803-932-6117.

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