34-year-old Kevin Smith is facing multiple charges in connection with an alleged drunk driving accident that killed one woman and sent six people to the hospital the week before Christmas. Smith was driving an SUV on Highway 61 near Middleton Lakes Road when his vehicle collided with a motorcycle operated by 39-year-old Heather Clark. Clark died at the scene.
Smith’s vehicle then collided with another SUV. The drivers of both SUVs and four passengers were transported to the hospital.
Smith has been charged with felony DUI resulting in death, along with other charges including having an open container of alcohol in the vehicle and operating without insurance.
How Criminal Charges Impact Victims of Motor Vehicle Accidents
The fact that Smith has been charged with a crime in connection with the accident opens up the possibility that the criminal court will order some restitution for the people injured in the crash, the owner of the other SUV, and even the family of the woman killed in the crash. However, restitution is rarely sufficient to address all of the losses suffered in a serious motor vehicle accident.
Fortunately, South Carolina law also allows the victims to file various civil claims against the responsible driver. Those may include claims for wrongful death, personal injury and property damage.
In this case, court records suggest that the driver who has been charged didn’t have motor vehicle insurance. If the driver is found to be responsible for the accident and is uninsured, the victims of the accident may still have options. For example:
- If an uninsured driver has assets to collect against, the injured person may file a personal injury suit against them and pursue collection directly, or
- If the responsible driver is uninsured, the injured party may be able to collect compensation under their own uninsured motorist coverage
Whether the responsible driver is insured, is not insured but has assets to collect against, or you will be reliant on your own insurance coverage, the best first step is to talk to an experienced Charleston motorcycle accident lawyer.
Attorney Frank Hartman has dedicated his career to helping injured people in and around Charleston. To learn more about how he can help after a car accident or any injury that was someone else’s fault, call 843-300-7600 today or fill out our contact form.