South Carolina Woman Charged With DUI After Killing DOT Worker

April 24, 2011

South Carolina Woman Charged With DUI After Killing DOT Worker

Misty Dawson took prescription pain medication for nausea and other pains before leaving work on Wednesday, April 6. According to WYFF news, at her hearing Misty said she "was thinking it wouldn't go into effect until I got home." On her way, she struck 60 year-old Noah Lark, a South Carolina Department of Transportation worker who was under an interstate bridge. Lark died a few hours later. He is survived by a wife, children and grandchildren.

Dawson claims she does not remember the accident, but is not sure if that was because of a head injury or the medication. She is charged with a felony Driving Under the Influence (DUI). In South Carolina, as in all states, it is illegal to drive under the influence of drugs, even if it is legitimate prescription medication. Dawson was released on a $25,000 bond, but is not allowed to drive until the issue is resolved. She faces at least one year in jail, and could get up to 25.

DUI Driver May be Liable to Victim's Family

The accident was the second time the Lark family dealt with tragedy. In 2001, Lark's brother and sister-in-law were murdered. Now, they must face the grief of losing a loved one prematurely once again.

South Carolina law allows Lark's wife and children to bring a civil suit for wrongful death. Wrongful death occurs whenever someone is killed from reckless behavior, negligence or intentional action. While no amount of money is equal to the loss of a loved one, a wrongful death claim can help immediate family survive the loss. South Carolina state statutes allow wrongful death compensation for:

-Medical expenses of the deceased
-Funeral expenses
-Loss of financial support
-Mental suffering and grief
-Loss of companionship

In addition to medical expenses of the deceased, the spouse and children can recover for the conscious suffering that occurred before the decedent passed away. The law also allows a jury to award punitive damages if the defendant acted with "recklessness, willfulness, or malice."

If an immediate family member of yours has been killed or seriously injured in a car accident, or because of the negligence of someone else, contact a personal injury attorney immediately.

Article provided by Krause, Moorhead and Draisen, P.A.
Visit us at http://www.kmdlawyers.com