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Vehicular homicide bills on tap

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The price of taking a life on a South Carolina road might get a lot steeper if the General Assembly votes to enact a vehicular homicide law before its session closes in June.

Legislation creating that statute and a "vehicular great bodily harm" statute -- where the victim doesn't die but suffers serious injuries -- has been introduced in both the state House of Representatives and Senate by two Spartanburg legislators.

The bills would authorize prison sentences, stiffer fines and mandatory license suspensions for motorists who unintentionally cause death or injury through negligence behind the wheel.

Such laws holding drivers responsible for their actions are in place in many other states, including Georgia and North Carolina. But the lack of similar legislation here has long tied the hands of the South Carolina Highway Patrol and solicitors who determine charges in traffic collisions.

For example, a woman driving a sport-utility vehicle that veered off Palmetto Bay Road and struck a bicyclist from behind in November was charged with driving too fast for conditions. The cyclist died, and the woman deemed responsible got two points on her driving record and paid a $76 fine.

"I think that's why this new law is so important," said Duffie Stone, 14th Judicial Circuit solicitor. "There's no law in place right now that makes that any different than a regular traffic violation. The family (of the cyclist) thinks there's no justice in it, and they're probably right."

The cyclist's death was one of three within about 45 days late last year that resulted from motorists not following traffic laws.

A Bluffton mother died in October when struck by a dump-truck driver who swerved to avoid hitting another dump truck making an abrupt right turn. A little more than a month later, a woman died when her car was struck by a motorist who ran a red light.

South Carolina has stiffer penalties -- such as felony DUI, reckless operation and reckless homicide -- to address some collisions. However, investigators must prove reckless intent to charge drivers with the crimes. And many say it's hard to determine what's in the mind of a person when an accident occurs.

But the proposed legislation doesn't require any proof of reckless intent. That means simple negligence can result in the stepped-up penalties, something Rep. Bill Herbkersman, R-Bluffton, said he supports.

"I'm very much for strengthening that law," he said. "We've got to make people aware of what could happen on the road. We've got to provide a fewer amount of victims."

Under the legislation proposed by Sen. John D. Hawkins and Rep. W. Douglas Smith, both Republicans from Spartanburg, people who cause death or major injury while operating a motor vehicle can be charged if they are driving without a valid driver's license, with a suspended license, uninsured or if they've been determined to be a habitual traffic offender.

Stone said he is pleased to see the legislation. "I don't know how the (bills) will end up coming out of the legislature," he said. "But this is a very good first step. I applaud them for addressing a very serious problem we have in our law."