A community fixture in Orangeburg, South Carolina (SC), lost his life on the afternoon of December 18, 2014, when an out-of-control car ran off a nearby road and struck him as he danced and waved to passers-by from the parking lot of a Select Tire store. The fatal pedestrian accident occurred near the intersection of Magnolia and Chestnut streets. News outlets identified the deceased victim as Eddie "Moe" Moore, who also served for decades as an unofficial mascot for the South Carolina State University's athletic teams.
The car that that hit and killed Moore crossed a median and several lanes of oncoming traffic before entering the business' lot. Investigators could not immediately determine why he was unable to maintain his lane or keep his vehicle on the road. A passenger in the car, as well as the driver, also suffered injuries serious enough to require hospital treatment.
The at-fault driver has been identified as a 76-year-old man, so police must weigh whether the elderly man's physical skills had deteriorated to the point that he could no longer operate a car safely. A medical emergency, driver distraction and mechanical failure must also be considered. Regardless of what a complete investigation reveals, the driver will likely face civil liability for taking the pedestrian's life. Having a seizure, stroke, heart attack or fainting spell while behind the wheel may excuse a person from criminal prosecution, but an individual who kills someone while driving can almost be held accountable in a civil wrongful death lawsuit.
My Carolina plaintiff's law firm colleagues and I send our deepest condolences out to the family members and many friends of Mr. Moore.