In a split second, lives can change forever. And for the family of a deceased, it can take a lifetime for the healing to occur, if it occurs at all.
This past weekend, a group of friends had their lives changed forever in a tragic car accident in Greenville County. According to media reports, at 2:30 a.m. Sunday, April 30th, 2017, the driver of a red 2002 Chevrolet Suburban went off the left side of the road near US 25 and Augusta Road before hitting a tree that caused the vehicle to overturn.
Troopers reported to local media that there were five people inside the vehicle when the car accident happened. Media reports stated that when the car overturned, two of the passengers were ejected. Tragically, the car accident killed one teen after receiving blunt force trauma to the chest as cause of death. The victim was pronounced dead at the scene at 3:14 a.m, according to media reports.
The other passenger was taken to the hospital and no updated condition is available for this individual according to local media. At this point, what we know from the media is that the car accident killed one teen and is currently under investigation by the South Carolina Highway Patrol.
This car wreck that occurred in Greenville, S.C., is obviously a tragedy. South Carolina’s highways can truly be die ways. If the driver of the Suburban is deemed to have acted in a negligent fashion, this car wreck could be a wrongful death case. There has been no account in the local media reports that stated or pointed to a reason as to why the Suburban went off the left side of the road. A car accident can involve a driver leaving the roadway for a perfectly valid reason, such as to avoid an animal in the road, to avoid a pedestrian in the road, or to avoid a suddenly stopped vehicle. Of course, a driver must keep a proper and safe distance between his or her vehicle and other vehicles travelling on the road. A driver must also always operate the vehicle in a safe and reasonable manner, keeping the vehicle under control. Failure to do so can result in a car accident involving wrongful death.
Over the years as a lawyer that has learned the law of motor vehicle accidents and gained experience in handling motor vehicle accident personal injury cases, I have seen cases where drivers inadvertently leave the paved roadway-maybe just to avoid something in the roadway itself. The shoulders of the road must be kept in safe condition for emergency use by a driver. From my personal observations, especially on the secondary smaller rural highways, the highway shoulders are usually not paved. The rough terrain itself can cause a vehicle to lose control. Also, shoulders that are too low off of the paved roadway can cause a driver to lose control when the driver attempts to bring the vehicle back on the road way. The wheels of the vehicle can become hooked on the edge of the pavement and cause a car accident. There is nothing wrong or illegal with a vehicle leaving the roadway to go onto the shoulder, unless the driver was negligent, distracted, inattentive or was driving in a reckless or careless fashion that caused the vehicle to leave the roadway.
The South Carolina Highway Patrol will perform an accident reconstruction to determine issues such as speed, vehicle direction as it left the road, and other important factors that will explain what caused the vehicle to leave the road and strike a tree.
To read more about the cases that the Thomas Creech Law Offices handles, follow this link: Greenville Car Accident Lawyer
Whenever there is a fatality involving wrongful death, the involvement of the Probate Court becomes necessary. So a lawyer representing the family of a deceased in a wrongful death car wreck claim, will have to know the rules and procedures of Probate Court as well as the Court of Common Pleas. A wrongful death car accident case can become very complex.