Automobile Accident

A driver must use due care:  that degree of care, which would have been exercised by a person of ordinary reason and prudence, operating the same vehicle at the same time and place, under the same circumstances. A driver must maintain a proper lookout for other vehicles or pedestrians, which may be upon the highway and keep the vehicle under proper control.

It is the duty of every person using a public street or highway, whether as a pedestrian or as a driver of a vehicle, to exercise ordinary care at all times to avoid placing himself or others in danger and to use like care to avoid an accident from which an injury might result.

A person driving a car must use reasonable care to have it in safe condition and properly equipped for operation so that it may be controlled and not be a source of danger. A driver must inspect, maintain, and repair his vehicle to keep it safe.

A person using the public roads must keep a proper lookout for other persons or objects upon the highway.  A person who fails to keep a proper lookout or fails to see what a person of ordinary care and prudence would have seen is guilty of negligence.  Wilson v. Marshall, 260 S.C. 271, 195 S.E.2d 610 (1973).

When a driver cannot see due to weather, unfavorable conditions, or other obstructions to vision, the motorist must exercise due care consistent with the conditions of travel encountered.  Likewise, a motorist should exercise reasonable care in keeping a lookout commensurate with the increased danger occasioned by the conditions that obscure his/her vision.

A driver must keep the vehicle under proper control so as to be able to slow down, stop or turn such vehicle in order to avoid colliding with other vehicles, pedestrians and obstructions lawfully on the roadway.  Thomasko v. Poole, 349 S.C. 7, 561 S.E.2d 597 (2002).

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