Fairfield County, SC – Commercial drivers are at risk for causing serious injuries and death while on the roads. This is because they need to drive large trucks or similar vehicles for extended periods of time, and highway incidents tend to involve large amounts of damage. When a fatal accident happens, the victim’s family is able to take legal action through the civil court system even if the state never brings criminal charges.
South Carolina’s wrongful death law
Each state’s statute that covers situations where a family member needs to stand in place of a deceased person to take legal action is called the wrongful death law. This is similar to the structure of most other injury cases, but there are some important differences. It is imperative that anyone who wants to bring a legal case under South Carolina’s wrongful death statute get legal help to ensure that they are following all of the correct procedures.
The law states that a family member can bring a lawsuit if the incident is the type that would have allowed the victim to bring a personal injury case if they had survived. This is true whether the act was due to negligence or if it was intentional. The case must be brought by the person who administrates the deceased person’s estate. The damages they collect will most likely go to a spouse or their children, although their parents or certain other relatives are able to receive these damages if the person was unmarried or had no children.
Targeting the responsible party
Naming a defendant in a lawsuit involving a truck or commercial vehicle can be more difficult than standard cases. The employer is liable for the actions of all employees engaged in their normal job duties in most cases. This means that the proper defendant is the driver’s employer. However, it is also possible that the driver is an independent contractor, or otherwise not working in a typical employment relationship. In these situations, the driver may be personally liable or have to use their own liability insurance for protection.
Damages specific to wrongful death cases
There are certain types of damages that are only available in wrongful death cases that are slightly different from the damages normally available in injury cases. These include things like funeral costs, burial expenses, and the services the person could have provided to their family if they had survived. This means that damages tend to be larger in situations where the victim was younger or had high earning potential.
Attorneys are available in South Carolina
Firm contact info:
171 Church St., Charleston SC, 29401