When driving on a Saturday night, most families don’t expect to be caught up in a car accident. Instead, they simply hope to get to their next destination, be it home or somewhere else, as planned without any mishap along the way. Unfortunately for one South Carolina family, their drive was interrupted by a tragic and fatal car accident.

The accident happened as the family had been traveling together, spread among several vehicles. Another vehicle apparently ran a stop sign and slammed into one of the family cars. That vehicle, whose occupants were a husband and wife couple, was forced off the road and hit a tree. The wife died at the scene.

For the husband, who witnessed firsthand watching his wife die beside him, there are no words to adequately describe the grief that he must feel as a result of the accident. Furthermore, the family members who watched the couple’s car as it was struck were likely horrified by the event as well. To make matters worse, the reason why this accident probably occurred in the first place was because the driver of the other care was allegedly intoxicated.

The South Carolina Highway Patrol has since charged the driver said to be responsible for this car accident with felony DUI charges of both driving under the influence with death and great bodily injury. As the family members struggle to cope with their grief, they may elect to pursue civil remedies against the purportedly drunk, apart from the pending criminal action. A wrongful death action is appropriate under our state laws when a fatality occurs through the negligent or intentional acts of another. In a drunk driving accident, it may be appropriate to seek both compensatory and punitive damages in those instances where the alleged wrongdoing was arguably reckless.

Source: Aiken Standard, “Driver charged with DUI in fatal car crash Saturday,” July 31, 2012

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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.