Pedestrian Killed During DUI Hit and Run Accident
Spartanburg and Greenville DUI Accident Hit and Run Lawyer
According to WYFF.com, “charges were upgraded Friday afternoon for the man troopers say caused a series of crashes on Interstate 26 that left an elderly man dead and five others injured. The Spartanburg County coroner said Donald Ray Bain, 80, of Spartanburg, died as a result of one of the crashes. Our thoughts are with the family of Donald Ray Bain during this time”.
Personal Injury Claims from Hit and Run Death Claim
These cases get quite complicated quickly. Multiple claims can come out of one accident. Obviously, the driver of a DUI hit and run accident can be charged criminally but what can the family of the injured or dead due to be compensated for their loss?
South Carolina Wrongful Death Lawsuit
South Carolina Code of Laws section 15-51-10 defines a “wrongful death” as a death that is caused by the “wrongful act, neglect, or default” of another leading to the death. In short, this statute allows the family of the person killed to step into the shows of their lost relative and bring a claim for the death of their loved one.
South Carolina Survival Action Lawsuit
Many times in serious personal injury cases a person is injured and ultimately passes away. Sometimes this death is not right away. If the injured persons survives for a period of time then they may also have a survival action claim.
South Carolina’s survival action statute, Section 15-5-90, allows a person who has been injured, but doesn’t die right away, to recover for damages incurred during the time between the accident and the person’s death which means that person can recover for the conscious pain and suffering before they pass away.
Dram Shop Lawsuit – Bar Restaurant Liability in Drunk Driving Accident
In the case reported by WYFF, it is alleged that the driver of the vehicle was charged with Felony DUI meaning that it is believed he was drunk at the time of the car accident. If this is the case, then it is important to trace back where the person was drinking prior to the accident. South Carolina allows for recovery of damages if a bar or restaurant over-served the person before an accident which is known as a South Carolina Dram Shop action.
Serious Injuries Need Serious Lawyers
In a case where multiple personal injury claims or death claims could arise, it is important for the injured or the family to select a lawyer that best suits their needs and is willing to work the file to track all potential sources of recovery. It is important to research that lawyer and decide if that lawyer is what the injured wants and needs. From there, some lawyers offer a free consultation to discuss a wrongful death accident claim or other injury. At Ryan Montgomery Attorney at Law, LLC we offer free consultations on injury cases. Why not schedule a free consultation now so you can know your rights?
We proudly serve all of South Carolina with a focus on Columbia, Greenville, Spartanburg, Anderson, Lexington and the surrounding areas.