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Lawmakers should move on tougher fatal wreck law

'All or nothing' system not effective in dealing with road deaths

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Accidents happen.

That's the answer from state lawmakers who oppose tougher penalties for drivers found at fault in a fatal vehicle accident.

This isn't an easy subject to tackle, and there are legitimate concerns about determining when a death is the result of an "accident" and when it is the result of "negligence."

But surely, lawmakers can see that some circumstances warrant more than a minor traffic violation when a person is killed or seriously injured. Surely, they can find some middle ground so that we don't have an "all or nothing" system when it comes to fatal wrecks.

That's why it's particularly hard to understand why two bills on vehicular homicide didn't go anywhere this session. These relatively narrow bills to create a vehicular-homicide charge in South Carolina didn't make the May 1 cutoff for legislation to be considered before the General Assembly adjourns this year.

The bills state that a person is guilty of vehicular homicide when someone dies because of his unintentional act or negligence while operating a motor vehicle:

• Without a valid driver's license;

• With a suspended driver's license;

• While uninsured, or

• After being deemed a habitual traffic offender.

Punishment would include revoking a person's driver's license for two years and imprisonment of up to 10 years or a fine of up to $10,000. A court could place the person on probation or suspend all or part of the sentence.

Punishment would include revoking a driver's license for two years and imprisonment of up to 10 years or a fine of up to $10,000. A court could place the person on probation or suspend all or part of the sentence.

The bills also lay out punishment for someone found guilty of causing "great bodily harm." Punishment would include a two-year revocation of a driver's license, up to five years in prison or a fine of up to $5,000.

Both charges would be felony convictions.

The House bill is in the Judiciary Committee, while the Senate bill remains in a Judiciary subcommittee.

It's difficult to understand the reluctance of lawmakers to move the bills to the floor for a vote given their narrow focus on the driving record of the person charged. Is it the felony charge? The stiff fines and imprisonment?

Perhaps they need to look again to other states, such as North Carolina and Georgia. North Carolina law has a misdemeanor death by vehicle offense, which can mean up to a $200 fine and up to two years in prison. If convicted, the driver held responsible loses his or her driver's license for a year.

Under Georgia law, motorists can be charged with homicide by vehicle in the second degree. That offense carries a fine of up to $1,000 and up to a year in jail. Those who violate the Georgia law also might have to retake the driving test, attend driving improvement classes, be put on probation or have their driver's licenses suspended.

A Lexington County lawmaker repeatedly has introduced a bill modeled after the North Carolina law, but it has gone nowhere. He should try again.

Again, if lawmakers do decide to change South Carolina's law, it should be structured in a way that takes into account the particular circumstances of any fatality and the driving record and history of the individual convicted.