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Gap In Criminal Penalties Leave South Carolina Families Yearning for Justice

September 22, 2020

GREENVILLE, S.C. — Grieving parents from the Greenville area who lost children in motor vehicle crashes are calling for change. A substantial gap in the South Carolina driving laws does not allow a driver who is "merely negligent" to face criminal charges for negligent vehicular homicide. Unless the police deem the driving behavior to be reckless, the stiffest penalty a motorist could face for killing another negligently is a traffic fine.  

Although no empirical data was generated, there are many stories about families whose loved ones were killed by careless drivers who did not face prosecution or jail time. Several grieving family members have pleaded with legislators to change the laws so that families who lose a loved one to a careless drives in a car crash can feel like justice was done. 

One of the heart-wrenching anecdotes referenced in the news report relates how a young man with a bright future died on his motorcycle when a car illegally turned left in front of him causing a violent crash. The driver who made the illegal turn faces a court hearing at which, if found guilty, the court could only impose a $200.00 fine. That fine would be the same if no one died in the crash or there was no accident. 

Many other states seek to hold drivers criminally responsible for negligent deaths discussed above, such as Georgia, North Carolina and California for example. 

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Category: Accident News

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All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.