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Family files lawsuit after 91-year-old killed in Greenville crash

Many factors can contribute to car accidents in South Carolina, such as speeding, driver negligence and being under the influence of alcohol or drugs. Earlier this year, speeding seems to have played a part in a car crash that took the life of a 91-year-old Greenville man.

South Carolina drivers may be entitled to receive damages for a personal injury claim when they are involved in a car crash. Additionally, legal basis for a wrongful death claim is applicable when one of the victims of an accident dies as a result of the injuries caused by another driver. In this matter representatives for the deceased man's family have filed a lawsuit against the man and his employer.

Police say that a state transport police officer was traveling at approximately 74 mph in a 45-mph zone when he struck the vehicle driven by the 91-year-old man. The officer has apparently been charged in two other accidents in the past four years. At least one of those accidents occurred when he was a police officer in Greenville.

There is some question in this matter as to the extent of fault on the driver who perished. Investigators found that he turned left into the path of the oncoming vehicle when the car crash occurred. Contributory negligence is always a factor when considering a personal injury or wrongful death claim, though there are a number of legal principles that must be taken into consideration.

The officer pleaded guilty to driving too fast for conditions and paid a $130 fine. The lawsuit for wrongful death of the victim is now pending in South Carolina courts. The lawsuit claims that the county should not have hired the officer due to his past driving record. It further alleges the car crash and death could have been avoided. While it remains to be seen what the outcome of the litigation will be, it serves to show that all drivers assume a duty of reasonable care when they get behind the wheel of a vehicle, a duty that extends to police officers as well.

Source: WYFF4, "Officer Fined $130 For Fatal Wreck," Dec. 6, 2011

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