Two pedestrians hurt, one killed by drunk driver

Ben Flanagan of reports that a Tuscaloosa man has been charged with DUI and vehicular homicide after a traffic accident in which a 28-year-old mother and her two children, ages seven and two, were critically injured while walking along the road’s shoulder.

Police say Danny Ray Smith was behind the wheel of the black pickup truck that struck the three pedestrians. Smith pulled over, according to police, and walked to victims before returning to his truck.

The mother remains in intensive care. Her two-year-old daughter will be treated at Children’s Hospital. Her seven-year-old daughter, however, died at the hospital.

The full charges against Smith include vehicular homicide, first-degree assault, and leaving the scene of an accident.

It is not clear whether the family intends to pursue a wrongful death or other other personal injury civil suit against Smith. However, it would appear that the family may indeed be able to seek justice in civil, as well as criminal, court. While a financial settlement could never repair the emotional damage wrought by the loss of a child, compensatory and punitive damages awarded in court could defray the massive costs of medical care, rehabilitation, and funerary costs.

If you or a loved one have been injured by a drunk driver, an experienced attorney can help you obtain the settlement you deserve.