Effingham, SC — A fatal accident between an 18-wheeler truck and a Jeep left a young woman dead on Tuesday (December 17, 2013) along South Irby Street/Highway 52. Police said that Melissa Miles, 20, from Coward was killed when her Jeep hit the 18-wheeler as it was making a left-hand turn.
The accident happened near McCall Farms on Irby Street, at Dunlap Road. It’s not clear how the accident happened, but the news reports confirmed that the 18-wheeler was trying to make a left turn off Irby when it was hit by Miles’ Jeep.
Miles was killed at the scene after her Jeep caught fire. Police said they’re still investigating. The truck driver hasn’t been named.
The accident happened at about 9:40 p.m. this past Tuesday night.
Scene of the Accident
Let’s talk about two scenarios that could have played out here. 1) The 18-wheeler could have been hit from behind as it was turning. 2) The 18-wheeler could have turned in front of oncoming traffic and caused a collision. In the first example, the driver who failed to slow down is likely at fault. In the second example, the 18-wheeler would be at fault because the driver failed to yield. However, the truck driver may still claim that, even though he pulled into traffic, the accident is partially the victim’s fault. How so? Speeding and distracted driving are two popular defenses that the trucking company will use to defend their driver. They do this to try and save themselves money: the less fault is put on their driver, the less money the trucking company pays out. The legal term for this is comparative fault. Obviously, I wasn’t at the scene and don’t know what happened, so I don’t want to imply this is the case here. But, you can see how something that appears to be simple is actually a bit more complex when you take a closer look.
— Grossman Law Offices.