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Fatal car accidents, unfortunately, occur often in South Carolina. Anytime someone dies as a result of an automobile accident that was not their fault, that would give rise to the wrongful death claim.
Typically, tractor-trailers and motorcycles are the most common in which we see death involved because of the size of the tractor-trailer and the way typical vehicles are more vulnerable on the highways when struck by trucks. The most common motorcycle fatality is a car turning in front of a motorcycle. Motorcycles are not protected and are exposed.
A claim may be brought at any point if the injuries from the accident are what ultimately resulted in the death of the individual. It does not have to be immediate. Sometimes, the death is immediate, or it could occur after being in the hospital. The decedent’s estate can still recover benefits for a deceased in a wrongful death action even if they did not die at the scene of the wreck. Speak to a compassionate attorney to learn about filing a wrongful death claim for fatal car accidents in Rock Hill.
Common Causes of Fatal Accidents
Some of the common reasons why an accident occurs is because a motorist is driving too fast for conditions, not maintaining a proper lookout, failing to apply their brakes in a timely manner, or even if they had proper maintenance on their car. Typically, the facts are whether the person was obeying the traffic laws at the time or whether they were maintaining a proper lookout or whether they were distracted or not.
Distracted driving and driving under the influence (DUI) are also common causes of motor vehicle collisions. Distracted driving has become just as big a problem as driving under the influence. Drivers should focus 100 percent on the road ahead of them. If they fail to watch the road and adjust per conditions, they could cause an auto collision. Additionally, if an individual was intoxicated or distracted, then they may be charged with causing the death, and it will be considered a manslaughter case. Those charges could be brought by the state and not by the decedent’s estate.
Teenage Drivers
Other common causes of car accidents include teenagers or inexperienced drivers. Often, when there is a fatality involving teenagers, it is usually because they are horse-playing in the car, they have all their buddies in the car, or they do not have their seatbelts on.
Financial Compensation We Demand on Behalf of Your Family
At Schiller & Hamilton, we know nothing can atone for the loss of your loved one. We also know their sudden loss can create financial difficulties for your family. When we accept your case, we demand recovery of the following financial damages on your behalf:
- The decedent’s medical bills
- Their funeral and burial expenses
- Loss of the decedent’s income
- Loss of their domestic input
- Loss of consortium and companionship
Our entire team works hard to obtain fair compensation for your family and to provide the support you need throughout your case. We collect evidence that supports your right to monetary recovery and fight hard to resolve your case with a settlement. If one cannot be reached, we will not hesitate to file a wrongful death lawsuit and keep fighting for compensation.
We also explain the state’s filing deadline and its importance to your case. Our law firm will also represent you on a contingency fee basis, meaning we are only compensated when you are.
Let Our Wrongful Death Attorney Help
A surviving legal representative of a deceased person should call a wrongful death attorney as soon as possible. The attorney could immediately start the investigation to determine the validity of the claim and to help get appointed as the personal representative of the estate.
The sooner the decedent’s estate does that, the better. Evidence disappears, memories fade, and they cannot go back later and try to get all that information, so the first thing they should do is contact an experienced attorney who handles personal injury and wrongful death claims in order to initiate the claim in a timely manner. Call Schiller & Hamilton today to discuss fatal car accidents in Rock Hill.