According to WYFF news, a woman, who was driving under the influence of pain medication, struck and killed a Department of Transportation worker as she was driving home. The man was rushed to the hospital; however, he was pronounced dead three hours later. The woman states that she did not remember the accident and has further stated that she thinks it may have been from the head injury she sustained, and not the medication.
In South Carolina, if it is found that a driver was under the influence of drugs or alcohol, they will be charged with a DUI as a result. Further, if the offender has killed or injured someone as a result of an accident while they were impaired, that person may be liable to the victim, or the victim’s family. The victim’s family will be compensated through the Wrongful Death Statute.
Law in South Carolina allows the wife and children of the deceased worker to bring a civil suit for wrongful death. Wrongful death occurs whenever someone has been killed as a result of reckless behavior, negligence, or an intentional act. A claim for wrongful death can help to compensate an immediate family after incurred medical expenses of the deceased, funeral expenses, loss of financial support, mental anguish, and loss of consortium. Further, the law allows for punitive damages if the defendant acted “reckless, willful, or wantonly.”
If a family member has been killed in a wrongful death accident in the state of South Carolina, call the law offices of Reeves, Aiken & Hightower, LLP. You can reach us at our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.