Auto Accidents by Nathan Hughey
Nathan Hughey shares auto accident liability laws in South Carolina.
Under South Carolina law, negligence is “the failure to use due care which is that degree of care a person of ordinary prudence and reason would exercise under the same circumstances.” Art v. Doe, 198 S.E.2d 526 (S.C. 1973). Failing to use due care is negligence and subjects one to liability for the injuries which resulted from this failure. Negligence “embodies theBprinciple that the Plaintiff should not be called to suffer a harm to his or her person or property which is foreseeable and which can be avoided by the Defendant’s exercise of reasonable care.” Snow v. City of Columbia, 409 S.E.2d 797, 803 (S.C Ct. App. 1991).
The facts of a South Carolina auto accident case may include the following S.C. Codes:
§ 56-5-2933 It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more.
§ 56-5-2920 Any person who drives any vehicle in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving.
§ 56-5-2945 A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of the offense of felony driving under the influence
§ 56-5-1520(a) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or entering a highway in compliance with the legal requirements and the duty of a person to use care.
Violation of a statute can give rise to punitive damages.
Auto accidents have a variety of elements of recovery available to a victim in South Carolina.
– Nathan Hughey