My Loved One Died While Riding in a Vehicle as a Passenger: Can I Sue the Driver?

In August of 2025, ABC15 News reported that a 15-year-old had died while riding as a passenger in a vehicle that crashed in Darlington County, South Carolina. These kinds of incidents are all too common, and passengers are often at the mercy of reckless, negligent drivers. If you have lost a loved one to a similar accident, you might be wondering whether you can sue the driver on behalf of your relative. Is this possible? Could a South Carolina auto accident lawyer help?

Was the Driver at Fault? 

In this type of situation, the key question is whether the driver was at fault for the fatal accident. In the case of the 15-year-old who passed away, the driver of their vehicle was not at fault. Instead, a pickup driver seems to have caused the collision by attempting to pass in a reckless manner. During this failed attempt to pass, the pickup driver struck the victim’s car, causing it to flip and roll into a ditch. The vehicle then struck a utility pole, causing catastrophic injuries to the passenger. In this situation, it obviously makes more sense to sue the other driver.

However, there are many other situations in which the driver of a vehicle may be to blame for the death of their passenger. Intoxication is an obvious example, and a drunk driver who causes the death of their pedestrian can certainly face a wrongful death lawsuit. A driver might also become distracted behind the wheel, causing a crash that causes injuries or death to their passengers. Other examples of negligence include street racing, speeding, improper passing, and much more.

What if the Driver Also Passed Away?

If the driver of the vehicle also passed away in the crash, it might still be possible to file a lawsuit against the driver’s estate. This could provide enough compensation to cover funeral costs, medical expenses (including ambulance costs), missed future earnings, emotional distress, and other damages.

If the driver was a teenager and they left behind no assets, it may still be possible to pursue compensation through their car insurance. These situations become especially complex when teen drivers take their vehicles without permission – and without insurance. For example, a teen driver might take their girlfriend out for a drive in the family vehicle without permission, and without sufficient insurance coverage. In this situation, it might be possible to sue the family for allowing this to occur.

Can an Auto Accident Lawyer in South Carolina Help? 

An auto accident lawyer in South Carolina may be able to help if you’re trying to recover compensation on behalf of your deceased loved one. If your relative died while riding as a passenger, you may be able to file a wrongful death lawsuit against the driver. This step could provide compensation for funeral costs, lost wages, emotional distress, unpaid medical bills, and other damages. To learn more about this potential option, contact Mickelsen & Dalton, LLC today.

Source: 

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