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Date: 12-18-2023

Case Style:

Jerimiah Robert Houston v. Franklin McClain, Jr. and Johnny's Trucking LLC

Case Number: 7:23-cv-03787

Judge: Donald C Coggins, Jr.

Court: United States District Court for the District of South Carolina (Spartanburg County)

Plaintiff's Attorney:

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Defendant's Attorney: Ronald B. Diegel

Description: Spartanburg, South Carolina personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a semi-tractor auto accident caused by McClain.

This case was filed in the Spartanburg County Court of Common Pleas, 2023-CP-42-02041, and was removed to federal court by the Defendants.

South Carolina auto negligence law is a complex area with specific rules and nuances. Here's a breakdown of some key points:

1. Comparative Negligence: South Carolina follows a modified comparative negligence law. This means that even if you were partially at fault for an accident, you can still recover damages as long as your negligence is less than 51%. However, the amount of damages awarded will be reduced by your percentage of fault.

2. Insurance Requirements: South Carolina requires drivers to have the following minimum insurance coverage:

Bodily injury liability: $25,000 per person and $50,000 per accident
Property damage liability: $25,000 per accident
Uninsured/underinsured motorist (UM/UIM): $25,000 per person and $50,000 per accident (optional, but highly recommended)

3. Statute of Limitations: You have three years from the date of the accident to file a personal injury lawsuit in South Carolina. The timeframe for property damage claims may be different.

4. Common Causes of Negligence: Some frequent causes of car accidents in South Carolina that could lead to negligence claims include:

Distracted driving (e.g., texting, eating)
Driving under the influence (DUI)
Reckless driving
Failure to yield
Following too closely

5. Resources: Here are some helpful resources for learning more about South Carolina auto negligence law:

South Carolina Department of Motor Vehicles:
South Carolina Bar Association:
National Highway Traffic Safety Administration (NHTSA):

Important Disclaimer: This information is for general knowledge purposes only and is not a substitute for legal advice. If you have been involved in a car accident, it is strongly recommended that you consult with an experienced South Carolina auto accident attorney to discuss your specific situation and legal options.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:


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