George Breland Killed in Walterboro, SC, Dump Truck Accident
Walterboro, SC -- January 30, 2017, George Randy Breland was killed due to an accident in which he was struck by a dump truck while walking.
Colleton County Sheriff's officials were called to the fatal accident scene just before 5:30 a.m. It took place at the intersection of Bells Highway and Mount Carmel Road.
According to preliminary reports, 53-year-old Breland was walking in the area at the time. Authorities haven't been clear on where exactly he was in relation to the road. Somehow, his path crossed with that of a dump truck, and neither person was able to avoid the accident in time. Breland was struck by the dump truck and sustained critical injuries.
EMS transported him over to Colleton Medical Center in critical condition, and he eventually died there.
At this time, police have not indicated any charges or citations following the incident. Their investigations are ongoing.
Map of the Area
Commentary
It's unfortunate just how little information there is in regards to this accident. Without knowing exactly what happened, there's no real way to say who might be at fault here. This is especially troublesome because pedestrian accidents can be very complex even when the chain of events seems to be clear. In the end, everything comes down to context. Let's look at a few examples.
One of the most common ways these pedestrian accidents happen is when a pedestrian either crosses at a place without a crosswalk or they try to cross while a vehicle has a green light. Usually this happens at night where there is limited visibility. In most cases, the pedestrian would be considered at fault for the accident, and the driver won't have to face any consequences.
However, there are cases where a pedestrian violates a vehicle's right of way yet isn't entirely at fault for the accident. Our firm has handled several cases in the past where the victim was a pedestrian who walked into the path of a vehicle. At first glance, it just looked like the pedestrian failed to yield the right of way and caused a crash. However, our independent investigations revealed that the driver in these scenarios was behaving negligently at the time of the accident--texting, speeding, intoxicated, or otherwise not paying attention to the road.
Drivers owe the general public a duty to always be attentive of the road and the things in it. Even if a pedestrian or a vehicle enters their path, they have a responsibility to try and avoid an accident if at all possible. Most of the time, there simply isn't enough time to reasonably react. Other times, the driver doesn't react in time because they are distracted or otherwise impaired. When this is the case, it can be reasoned that their actions make them more liable than the victim.
Now whether or not any of these things happened in this accident still remains to be scene. Like I said, everything comes down to context. Was Mr. Breland trying to cross the road? Did he have the right of way, or did the truck? Was he standing on the corner and the truck took the curve a little too sharp? Was he walking along the side of the road? What was the condition of the driver at the time? What was Mr. Breland's condition?
All of these questions and more need to be answered in order to determine once and for all who is responsible for the accident. It's not enough to simply apply common scenarios to an accident. Only a thorough investigation and tangible evidence can determine what truly occurred.
--Grossman Law Offices
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