Thanksgiving Road Trip Turned Tragic in SC: What Families Need to Know About Wrongful Death Claims

Thanksgiving is typically a time for family reunions, travel, and memories. But for some families, what should be a joyous occasion turns tragic due to accidents, particularly on the road. As the holiday season approaches, the risks of road accidents are higher than usual, with the combination of heavier traffic, bad weather, and more people on the road. If a loved one dies unexpectedly in a car accident while traveling, especially during this time of year, it’s important to understand the implications of wrongful death claims. 

What is a Wrongful Death Claim?

A wrongful death claim is a legal action that can be filed when a loved one dies due to the negligent actions of another person or entity. These claims can be filed in various situations, but they are particularly relevant in the case of fatal road accidents. In South Carolina, a wrongful death claim may arise if someone’s reckless, negligent, or wrongful conduct led to another person’s death. For instance, if a driver causes a fatal crash by driving under the influence of alcohol or drugs, speeding, texting, or failing to obey traffic laws, their actions could lead to a wrongful death claim.

While no amount of money can bring back a loved one, a wrongful death claim can help survivors recover some of the financial losses associated with the death, including funeral expenses, lost income, and pain and suffering. Moreover, it can help bring justice to those who have been harmed and prevent others from suffering the same fate.

How Thanksgiving Road Trips Lead to Tragic Accidents

Thanksgiving is one of the busiest travel holidays in the United States. Families across South Carolina and beyond take to the roads to gather with loved ones. However, this increased traffic can be a double-edged sword. While many drivers are responsible, the risk of accidents spikes due to factors such as:

• Increased Traffic Volume: As more people hit the road, the potential for accidents grows. Congestion, particularly on interstates and rural roads in South Carolina, can increase the chances of a fatal crash. 
• Distracted Driving: Whether it’s texting, checking social media, or trying to navigate unfamiliar areas, distracted driving continues to be a leading cause of accidents. During long road trips, it’s easy for drivers to become distracted, leading to deadly collisions. 
• Drunk Driving: Alcohol-related crashes spike during the holiday season, especially with gatherings where drinking is involved. A drunk driver behind the wheel can quickly turn a peaceful road trip into a tragedy. 
• Weather Conditions: Thanksgiving is often the first major holiday of the winter season. Wet or icy roads, fog, and even heavy winds can make driving hazardous, especially for those who aren’t prepared for inclement weather. 
• Fatigue: Long hours behind the wheel can cause drivers to become fatigued. Drowsy driving is as dangerous as drunk driving and contributes to fatal accidents every year. 
• Speeding and Aggressive Driving: Drivers often push the speed limits, particularly when trying to make up for lost time. Speeding, especially in heavy traffic, can lead to catastrophic accidents, as stopping distances are longer, and reactions slower.

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Founded in 1975, Christian & Christian has deep roots in the community.

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Only Serving People, Never Companies

Founded in 1975, Christian & Christian has deep roots in the community. 

Learn more about our attorneys

What to Do if You Lose a Loved One in a Road Accident

The emotional toll of losing a loved one in a fatal road accident can be overwhelming. However, there are crucial steps that need to be taken in the aftermath of the incident. These steps will not only help provide closure but also lay the groundwork for pursuing a wrongful death claim.

1. Seek Immediate Legal Help
   In the days following a loved one’s death, it’s crucial to consult with an experienced wrongful death attorney. The attorney will help you understand your legal options, gather necessary evidence, and navigate the claims process. It’s important to understand that South Carolina has a statute of limitations for filing wrongful death lawsuits, which is typically three years from the date of death. Failing to file within this time frame can bar you from receiving compensation. 
2. Gather Important Evidence
   Documentation is key to proving liability in a wrongful death case. Your attorney will need to gather evidence that shows how the other party was negligent and how their actions directly caused the fatal crash. Some essential evidence includes: 
   • Police reports detailing the accident 
   • Eyewitness accounts and testimony 
   • Medical records that show the cause of death 
   • Expert opinions or accident reconstruction reports 
   • Photos or videos of the accident scene, if available 
   • Vehicle damage reports, particularly if it shows signs of reckless driving or other violations 
3. Contact Insurance Companies
   If you are planning to pursue a wrongful death claim, it’s essential to involve insurance companies. South Carolina follows an “at-fault” system for determining liability, meaning that the insurance company of the party at fault will be responsible for paying damages. However, insurance companies often attempt to settle cases for far less than what is fair and just. An attorney can help you avoid lowball offers and fight for the compensation you deserve. 
4. Focus on Healing and Support
   The loss of a loved one is deeply traumatic. It is vital to seek emotional and psychological support. Reach out to family, friends, or a grief counselor to help cope with the pain. Your lawyer can help provide guidance during this difficult time, but your mental health should be prioritized above all else.

Who Can File a Wrongful Death Claim in South Carolina?

In South Carolina, wrongful death claims can only be filed by specific family members or individuals with legal standing. The surviving spouse, children, or parents of the deceased may file a claim for wrongful death. If no family members are available, a personal representative of the deceased’s estate may file the claim on behalf of the surviving family members.

The main goal of the claim is to seek compensation for the surviving family members. Some of the damages that can be recovered include:

• Economic Damages: This includes compensation for lost wages, medical bills, and funeral costs incurred due to the death. 
• Non-Economic Damages: These damages aim to compensate for the emotional distress, pain, and suffering caused by the loss of a loved one. 
• Punitive Damages: If the defendant’s actions were particularly egregious, such as drunk driving or gross negligence, the court may award punitive damages in addition to compensatory damages. 

What Does the Legal Process Entail?

While many wrongful death cases settle out of court, some cases require litigation. The process of pursuing a wrongful death claim typically involves several stages:

1. Investigation: An attorney will investigate the circumstances surrounding the fatal accident, including collecting evidence, interviewing witnesses, and reviewing police and medical records. 
2. Filing the Claim: Once enough evidence is gathered, the wrongful death lawsuit is filed in court. The defendant may be an individual driver, a company, or even a government entity, depending on the circumstances of the crash. 
3. Negotiation and Settlement: In many cases, the defendant’s insurance company may offer a settlement. Your attorney will help you assess whether this offer is fair or if it’s in your best interest to proceed to trial. 
4. Trial: If a settlement can’t be reached, the case may go to trial. The court will evaluate the evidence, hear arguments, and determine liability. A successful wrongful death claim can result in significant compensation for the surviving family members. 

How Long Will the Process Take?

The timeline for a wrongful death claim varies depending on the complexity of the case, the availability of evidence, and whether the case goes to trial. In general, however, you can expect a wrongful death claim to take anywhere from several months to a few years to resolve.

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Why Christian & Christian Law Can Help

At Christian & Christian Law, we understand how devastating it is to lose a loved one in a tragic accident. Our team of experienced attorneys in Greenville, SC, is dedicated to helping families who have suffered due to the negligence of others. We are here to fight for the justice your family deserves, and we offer free consultations to discuss your wrongful death claim. Reach out to us today and let us help guide you through the legal process.

To learn more about this subject click here: The Importance of Hiring an Experienced Wrongful Death Attorney