Brandy A. Hudson Killed in Darlington Pedestrian Accident
Nighttime collision on Highway 52 marks latest Darlington County fatality
Brandy A. Hudson, 38, died Wednesday night after a commercial delivery truck hit her on Highway 52 Bypass in Darlington, police said.
The crash happened at about 9 p.m. near the Highway 52 Bypass intersection, according to Darlington County Coroner Todd Hardee. Paramedics responded to the scene.
Coroner Hardee pronounced Hudson dead at the scene.
The driver of the commercial delivery truck was not injured. Police have not released the driver's name.
The South Carolina Highway Patrol is investigating the crash. Troopers are examining the scene and evidence to determine what caused the wreck.
Investigators are looking at driver actions, pedestrian actions, road conditions and lighting at the time of the crash.
Highway 52 Bypass is a major road in Darlington. Further details will be released as the investigation continues.
The Darlington County Coroner’s Office and local law enforcement agencies are spearheading the technical investigation into the collision. No charges have been filed against the delivery truck driver as the investigation continues, while investigators review vehicle telemetry and lighting conditions at the scene. The Highway 52 Bypass was partially restricted for several hours following the 9 p.m. incident to allow for comprehensive scene reconstruction and evidence collection.
National Legal Analyst Candice Bond, Managing Partner at Bond Legal, noted that "I've seen families blindsided by how a simple walk to the park can end in such a terrible tragedy. If a car hits someone at forty miles per hour, there's an eighty-five percent chance they won't survive the impact."
South Carolina wrongful death claims
In South Carolina, a civil action for wrongful death may be pursued when a death results from another party's wrongful act, neglect, or default. This framework, outlined in S.C. Code § 15-51-10, allows the personal representative of the deceased's estate to file a lawsuit on behalf of certain beneficiaries. These claims often seek to recover damages for funeral and burial expenses, the financial support the deceased would have provided, and the emotional suffering experienced by the statutory beneficiaries.
Comparative fault and commercial carrier liability in South Carolina
South Carolina operates under a modified comparative negligence system. Under this system, an injured party or their estate may still recover damages even if the deceased was partially at fault, provided their negligence does not exceed 50 percent. Any damages awarded would be reduced proportionally to the deceased's percentage of fault.
In incidents involving commercial vehicles, such as delivery trucks, the legal principle of respondeat superior may apply. This doctrine can hold an employer liable for the actions of their employee if those actions occurred within the scope of employment. Additionally, commercial carriers are subject to federal regulations, including those enforced by the Federal Motor Carrier Safety Administration (FMCSA), which impose specific safety standards and operational requirements. Violations of these regulations could be considered in determining liability. Bond noted that drivers are generally expected to exercise a high degree of care, particularly in areas where pedestrians may be present.
Statute of limitations for wrongful death actions
A wrongful death claim in South Carolina must generally be filed within three years from the date of the deceased's passing. This time limit, known as the statute of limitations, is a critical factor for families considering legal action. Failure to file a claim within this period may result in the forfeiture of the right to pursue compensation.