Tragic accidents can affect any family, anywhere. In many cases, these accidents are due to the negligence or recklessness of another person. When this is found to be the case, the family of the individual killed may choose to seek out their options under South Carolina’s personal injury laws. When deaths are caused due to someone else’s negligence, a wrongful death claim is often a viable option.

One family may be looking into such options after a loved one was killed in Lexington County. According to authorities, the accident occurred when a 39-year-old pedestrian, who was on the sidewalk, was struck and killed by a passing SUV driven by a 46-year-old man. The pedestrian died at the scene.

Police state that when they approached the driver, he was unbalanced and slurring his speech. Witness reports indicate that the man may also have been driving erratically prior to the accident. The driver was arrested and is being charged with felony DUI. He was incarcerated without bond.

Should the family of the deceased pedestrian choose to file a wrongful death claim against the driver, the criminal charges against him may aid their cause. In South Carolina, a successfully litigated civil claim can provide the family with damages to cover the pain and suffering of their loved one, lost wages and expenses associated with the death. This could assist in their recovery process as they learn to live without their loved one. Additionally, a wrongful death claim may help the family feel that they have obtained justice for their family member’s death.

Source: thestate.com, “Lexington driver charged with felony DUI in Irmo pedestrian’s death,” Jan. 7, 2013

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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.