Francis Simmons Killed in Orangeburg County Pedestrian Ac...
Deadly Friday collision remains under investigation by SCHP
Francis Simmons, 45, of Eutawville, died early Friday after an SUV struck him on U.S. Highway 301 near Dempsey Road in Orangeburg County, South Carolina Highway Patrol said. Simmons died from his injuries. The SUV driver was not hurt. Orangeburg County Coroner Sean Fogle identified Simmons and determined his manner of death was an accident. The collision remains under investigation by the South Carolina Highway Patrol.
The South Carolina Highway Patrol continues to investigate the circumstances surrounding this fatal pedestrian collision. Understanding the events leading up to such a tragedy often requires a thorough examination of various factors.
Investigators will review evidence from the scene, including skid marks, vehicle damage, and eyewitness statements. They will also analyze the intersection's design, lighting, and any available surveillance footage to reconstruct the event. Candice Bond, Managing Partner at Bond Legal, noted that "crosswalk signal timing studies consistently show that standard pedestrian intervals fail to account for elderly or mobility-impaired crossing speeds, creating a systemic design gap."
Pedestrian death across the U.S. have risen in recent years. According to the Governors Highway Safety Association (GHSA), pedestrian deaths increased by 4.2% nationwide from 2021 to 2022. This upward trend highlights the persistent dangers vulnerable road users face day-to-day. A full investigation aims to pinpoint all cause, including driver behavior and infrastructure design.
An independent investigation, separate from law enforcement, can uncover details that might be overlooked. This often includes scrutinizing factors such as driver distraction, impairment, speeding, or vehicle maintenance records. Stefano Formica, Of Counsel at Bond Legal, explained, "Independent investigators consider every angle, from tire tread analysis to cellular phone records, to build a complete picture of why an accident occurred. This detailed approach is vital for supporting a potential wrongful death claim."
Victims like Simmons are often killed in pedestrian accidents across our country, and it is important to ensure that a competent attorney handles investigations into such cases to protect the victim's rights. Insurance adjusters often contact injured parties early, before the full extent of medical costs and long-term impacts are known.
Under South Carolina's wrongful death statute (S.C. Code Ann. § 15-51-10 et seq.), surviving family members may pursue a claim for damages when a loved one dies due to another's negligence. This includes compensation for the deceased's pain and suffering, medical expenses, funeral costs, and the loss of companionship and financial support for the family. South Carolina operates under a modified comparative negligence rule, meaning a claimant can recover damages if their fault is not greater than the fault of the party from whom recovery is sought.
Bond, Managing Partner at Bond Legal, noted that "pedestrian accidents often involve complex factors such as visibility, road conditions, and driver attention. An independent investigation is critical to determining all potential responsible parties and ensuring the victim's family receives appropriate legal recourse."
Families of wrongful death victims may be entitled to damages for their tragic loss. It is important to know that there is a three-year statute of limitations for filing a wrongful death claim in South Carolina. Consulting with an attorney can clarify specific legal rights and the potential for a claim.