Pelzer, SC asked in Car Accidents for South Carolina

Q: A family member, driving a semi, was merging into a "median" turn lane to make a left turn.

As he was merging, he struck a car that was "parked" in the "median" turn lane. The dash cam video shows the vehicle was not visible until it was too late, giving him no opportunity to make an evasive maneuver. As a former LEO, I'm having a hard time seeing how he was shown at fault. By the word law, what is your opinion so I can lead him I can lead him in the right direction

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A South Carolina attorney could advise best, but your question remains open for a week. Until you're able to discuss in more depth with a South Carolina attorney in terms of state vehicle and traffic law, this could be a difficult situation for the semi to defend by most standards nationwide. It could depend what boxes were checked off in the police report by the traffic safety officer who responded, but if the collision was rear-end, that presents a challenge. There could be factors that your family member might be able to raise, depending on road conditions, weather, poor traffic controls, poor signage, poor lane marking, nighttime/daytime, other car lights on/off, hazards on/off, operator's efforts to warn other vehicles if disabled, etc. A local attorney or an attorney assigned by the insurance carrier (if one was assigned) could probably offer more detailed insights with the benefit of seeing the police report. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.