The driver of a tour bus that struck and killed a man crossing the street has been charged with Vehicular Manslaughter and Driving While Impaired.
Timothy White was struck and killed by a luxury tour bus operated by Steve Drappel.
It has been reported that Drappel blew a 0.14 at the scene, and that a second blood alcohol test taken later at the police station found a blood alcohol level of 0.08, twice the legal limit of 0.04 for commercial drivers.
Investigators discovered vodka in Drappel's travel mug along with a half-empty bottle of Smirnoff vodka. Drappel dragged White for almost 30 feet before heeding to onlookers cries to stop.
This is not Drappel's first brush with the law. He was charged with Driving While Impaired in 2004 in Kentucky.
This tragic accident occurred just days after the US Department of Transportation announced stricter licensing requirements for commercial drivers, carrier compliance with safety regulations, and authorization for consumers to review safety records of tour bus companies before booking. It was also announced that they would begin conducting random, unannounced inspections of tour buses in connection with local law enforcement.
In North Carolina, victims of drunk driving accidents are entitled to recover punitive damages in addition to compensatory damages. Punitive damages are money damages that are intended to punish a defendant for "egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts," such as driving while impaired. The injured party must prove one of three things before recovering punitive damages: fraud, malice, or willful or wanton conduct, a standard met by driving while impaired.
For more information, contact an attorney experienced in claims involving victims of drunk drivers.
