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Columbia Personal Injury Attorney > Blog > Car Accident > Fatal Two-Vehicle Collision In Chesterfield County

Fatal Two-Vehicle Collision In Chesterfield County


A van driver died when his vehicle collided with a tractor-trailer that was attempting to make a U-turn.

According to South Carolina Highway Patrol investigators, a 2013 Chevrolet van was driving north on U.S. 601, when it collided with a tractor-trailer that was attempting to make a U-turn. The driver of the van died as a result of the crash. EMS took the driver of the tractor-trailer to the hospital. No other cars or passengers were involved in the incident.

The investigation is ongoing.

First Party Liability

Large truck U-turns are usually illegal in South Carolina, even if there’s no sign prohibiting such turns. Usually, vehicles can only take up a single lane during a U-turn. It’s pretty much impossible for a large truck to perform such a maneuver.

If a tortfeasor (negligent driver) violates a safety law and causes a car crash, the tortfeasor could be responsible for damages as a matter of law.

This doctrine, which is called negligence per se, usually only applies if an emergency responder issues a citation. That usually doesn’t happen in serious accident cases. Emergency responders are so busy securing the scene and tending to injured victims that they don’t bother to issue citations.

Additionally, many responders believe that car crashes are civil matters. They don’t want to write tickets and get involved in them.

So, a Columbia car accident attorney must normally use the ordinary negligence doctrine to obtain compensation for victims.

Basically, ordinary negligence is a lack of care. Commercial drivers, like truck drivers, have a higher duty of care in South Carolina. The higher duty of care makes it easier for a Columbia personal injury lawyer to prove negligence, or a lack of care.

The contributory negligence defense is the most common defense in ordinary negligence claims. This legal loophole basically shifts blame for an accident from the tortfeasor to the victim. All drivers must avoid accidents at all times. That includes a responsibility to avoid a truck making an illegal U-turn.

This defense is very fact specific in South Carolina. So, it may or may not apply in certain situations.

Third Party Liability

Tortfeasors are legally responsible for the wrecks they cause. Third parties are often financially responsible for the ensuing damages.

These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Respondeat superior employer liability is one of the most common vicarious liability theories. It applies if the tortfeasor was an employee who was acting within the course and scope of employment at the time of injury.

Most large truck drivers are owner-operators or independent contractors for most purposes. But these individuals are employees for negligence purposes. Employer control is the difference between employee and non-employee in a negligence case. Therefore, even someone like an unpaid church volunteer driving a church van is usually an employee for negligence purposes.

Similarly, any act that benefits the employer in any way is within the course and scope of employment.

Vicarious liability is especially important in catastrophic and fatal injury claims. The medical bills alone in these claims are usually hundreds of thousands of dollars. Only large companies with deep pockets can pay that kind of compensation.

Connect With a Thorough Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. We do not charge upfront legal fees in these matters.


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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

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We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

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