Suspected drunk driving auto accident kills passenger
South Carolina Highway Patrol says single car accident kills 2
March 17, 2015Serious motorcycle accidents can lead to severe injury or death
March 28, 2015South Carolina drivers are responsible for the safety of their passengers. When a driver voluntarily gets behind the wheel of a vehicle after consuming too much alcohol or ingesting drugs, he or she breaches that duty. The driver’s diminished capacity can cause an auto accident in which serious injury or death results.
The South Carolina Highway Patrol suspects that a 27-year-old man was impaired when he lost control of his vehicle at around 7:30 p.m. on a Saturday. The pickup truck careened off the left side of the roadway, where it slammed into a utility pole and flipped. During the crash, the 26-year-old passenger was thrown out of the pickup and died because of the injuries he suffered.
The driver was taken to the Darlington County Detention Center to be booked on charges of having an open container of alcohol in his vehicle and felony DUI in which a death was involved. In the meantime, the family of the deceased passenger is left to bury their loved one prematurely. How the criminal case against the driver progresses does not change the fact that the family retains the right to file a civil action against him as well.
In order to prevail in a wrongful death claim, the family will be required to prove to the court that the death of their family member was due to the negligence of the driver. If the court is satisfied that the driver caused or substantially contributed to his death, an award of monetary damages may be considered. Any financial damages awarded could help defray the losses the family has experienced due to this auto accident.
Source: wmbfnews.com, “DUI accident claims one life“, Kaley Lawrimore, March 15, 2015
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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.
