An intersection in Ravenel, SC, that has recently claimed a life and has seen twelve accidents in the last two years is once again causing individuals that live in the area to raise concerns about the dangerous nature of the intersection.
The intersection, which is a two-way stop located where County Line Road and Highway 165 in Dorchester County intersect, is in a part of County Line Road that is very straight, which residents of the area believe can cause people to lose focus and miss the upcoming stop sign. Residents have asked the state to install flashing lights and rumble strips, among other things, to alert people of the approaching intersection. Currently, very little has been done.
“Intersections like this one are clearly a problem. The state has had ample opportunity to address these concerns and has done very little. This will continue to expose drivers to dangers that could possibly be reduced or even avoided.”
Being struck by a driver that fails to stop at a stop sign would seem to be a case where proving the negligence of that driver would be easy. However, South Carolina is a modified comparative negligence state, which allows a defendant driver to defend the negligence claim by arguing that the negligence of the plaintiff contributed to his or her injuries. If the defendant successfully argues that the plaintiff was more than 50 percent negligent, the plaintiff can be completely barred from recovery.
“An example of contributory negligence in a situation like this would be speeding. If it is determined that the plaintiff was traveling at a speed more than the posted speed limit, the defendant could argue that had the plaintiff not been speeding, the accident would not have happened, or the injuries would not have been as severe. If the court found that the plaintiff’s negligence contributed to more than 50 percent of his or her injuries, they could be completely barred from recovery.”
Comparative negligence is designed to ensure that fault is properly apportioned, and in South Carolina it is designed to only impose liability when the fault of the defendant exceeds 50 percent. A South Carolina Personal Injury Attorney can help you properly navigate any negligence claim to avoid any reduction in your case.
Gary Christmas is a senior partner and founding member of Howell and Christmas, which specializes in workers’ compensation. Howell and Christmas has locations in North Charleston and Mt. Pleasant, South Carolina, and can be found on Facebook and LinkedIn.