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Charleston Personal Injury Lawyers / Blog / Car Accidents / Can I Sue a Driver in South Carolina for Illegal Passing?

Can I Sue a Driver in South Carolina for Illegal Passing?


Although it is legal to pass slower traffic in South Carolina, drivers must do so in a lawful manner. If they fail to do this, the risk of auto accidents increases dramatically. Those who have suffered injuries due to illegal passing understand this only too well. These injured victims may struggle to pay medical expenses, missed wages, and a range of other damages after such accidents. Can they sue the drivers who illegally passed them?

How Does Illegal Passing Cause Accidents?

Illegal passing involves overtaking vehicles in an unsafe manner. Most drivers know that on a typical highway, all drivers must stay in the right-hand lane unless actively passing other vehicles. So-called “lane campers” who stay in the left-hand lane can cause congestion – increasing the chances of accidents. It is also unlawful to pass by moving into the right-hand lane. This is called the “slow lane” for a reason, and no drivers expect to see a passing car on the right side. It all comes down to a concept called “speed variance.” When you have fast-moving traffic and slow-moving traffic in the same lane, the chance of an accident goes up.

There are various other forms of illegal passing to consider. On a smaller, rural road, traffic is generally divided by a straight yellow line. A solid yellow line indicates that passing is not allowed, and drivers should never attempt to drive over this type of line. However, this doesn’t stop some drivers from attempting dangerous maneuvers – often moving into oncoming traffic in a desperate attempt to pass vehicles in their lane. These actions can easily result in accidents – especially if there are elements blocking the line of sight.

Another form of illegal passing involves moving past a parked school bus with its lights engaged. In this situation, there is a strong chance of children running into the road. The bulk of the school bus may also block line-of-sight. This is why passing a parked school bus is illegal, and it can lead to catastrophic injuries for small children.

Can You Sue Negligent Drivers for Causing Accidents After Illegal Passing? 

Yes, you can file an injury claim against at-fault drivers in South Carolina, and illegal passing is one potential example of negligence. Even if a vehicle does not impact other vehicles when illegally passing, it may cause others to swerve. These “near misses” can be just as harmful as direct collisions. South Carolina is an “at-fault” state when it comes to car accidents, which means proving negligence alongside a qualified attorney is often very important.

Find a Qualified, Experienced Auto Accident Attorney in South Carolina 

If you have been searching for a qualified, experienced Charleston car accident lawyer, look no further than Mickelsen Dalton, LLC. Over the years, we have helped numerous injured plaintiffs who have suffered serious harm due to driver negligence. We know how dangerous illegal passing can be. Book your consultation today to pursue compensation for everything you have been forced to endure.




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