Our client, the decedent, was a woman from Virginia who was a passenger on a moped travelling southbound on Highway 25 in Greenville, South Carolina (SC) when a vehicle driven by the defendant ran into the rear of the moped. Both occupants were knocked off of the moped onto the street.
The defendant then ran over the decedent. The defendant admitted that just prior to the impact, he had taken his eyes off of the road momentarily, and the State Trooper later determined that the defendant was driving too fast for the conditions. The decedent was airlifted to a nearby hospital where she succumbed to her injuries the following day. At the time of her death, no one was financially dependent on the decedent, who had a bi-polar handicap.
Decedent's sister, who served as Administrator of the Estate, is a resident of Richmond, Virginia. There was a controversy over the correct beneficiaries, as the decedent had given up her parental rights to some of her children under Virginia law through adoptions. The potential statutory beneficiaries were an adult daughter and the sister and brother of the decedent. The issue was worked out by agreement among the family members.
Our firm was able to settle this difficult case with the insurance company prior to filing a lawsuit, resulting in a favorable outcome for the family members of the decedent.