Wrongful Death Suit Filed in Port Authority Fatal Accident
Fort Mill, SC Attorney
The widow of a deceased truck driver filed a wrongful death suit against the South Carolina State Ports Authority, according to an article by the Post and Courier. The driver, Derek Boyd, died following an accident at the North Charleston Terminal of the State Ports Authority. Boyd was apparently working to secure a cargo container to his truck when he was hit by another truck at the terminal and sustained head injuries. The other truck left the scene afterward. Boyd was transferred to the Medical University of South Carolina, where he was pronounced dead. The suit alleges that Boyd’s death was the result of negligence by the State Ports Authority and its employees, but the company denies any wrongdoing and has asked the state court to dismiss the case.
Wrongful death suits are not only emotionally taxing for those involved, but they also involve a lot of procedural and legal complexities. If you are seeking to bring a wrongful death suit on behalf of a deceased loved one, you should seek the help of an experienced personal injury attorney such as Justin Bice of the law firm of Bice Law, LLC.
Suits Against South Carolina State Entities and Employees
States are normally immune from civil actions brought against it. However, many states have waived its immunity to allow lawsuits, with some limitations. In South Carolina, the South Carolina Tort Claims Act allows government entities such as the State Ports authority to be held liable civil suits, including wrongful death suits.
There are limitations under the act. South Carolina government entities are not liable for a loss resulting from legislative or judicial action, enforcement of any law, or the collection of taxes. Other curious limitations are that the state of South Carolina cannot be held responsible for losses due to natural snow or ice conditions on any public way, failure “to provide the method of providing police or fire protection,” or the “absence, condition, or malfunction of any sign, signal, warning device, illumination device, guardrail, or median barrier” unless the problem is not corrected by the government entity responsible for its maintenance “within a reasonable time after actual or constructive notice.” In fact, there are nearly 40 exceptions to the state’s waiver of immunity.
More importantly, a restrictive limitation under the Act is the cap on damages: A single person for a single occurrence can only recover up to $300,000.
Higher Standard of Gross Negligence
Under the South Carolina Tort Claims Act, government agencies are not liable for losses resulting from their responsibilities or duties unless such responsibilities are exercised in a grossly negligent manner. Gross negligence is shown by an intentional conscious failure to do something which is incumbent on one to do or doing something intentionally that one should not do. Gross negligence is a higher standard, and is more difficult to prove than normal negligence.
Bice Law, LLC, can help you seek compensation by filing a wrongful death suit on your behalf if your loved one died because of another person or company’s negligence in North or South Carolina. Contact us today for a free initial consultation by calling our toll-free number at 877-BICE-877 or by submitting our online form. Consulting an attorney as early as possible in your case can make difference, so do not hesitate to contact us today.
Contact the Personal Injury Law Firm of Bice Law
The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability. We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly. Call 877-BICE-877 today or submit an online request to get a free consultation with a personal injury attorney. We serve families across both North Carolina and South Carolina.