Dereon James Robins, Mikhail-Lee Smith killed in Spartanburg bicycle accident, SCHP says
The crash occurred on Asheville Highway near Brock Street
Dereon James Robins, 12, and Mikhail-Lee Smith, 9, were killed when a vehicle struck their bicycles on a sidewalk along Asheville Highway near Brock Street in Spartanburg, South Carolina, on Sunday, April 12, according to the South Carolina Highway Patrol.
Eri Otoniel Roberto Perez was arrested and charged with felony DUI resulting in death and driving without a license. Investigators said the 2016 Honda Accord he was driving at a high rate of speed veered off the right side of the road and hit the children.
The older boy was pronounced dead at Spartanburg Medical Center at 1:26 p.m. The younger child died a short time later in the hospital's operating room, the Spartanburg County Coroner’s Office reported.
The driver was booked into the Spartanburg County Detention Center. A bond hearing was scheduled for Monday afternoon.
The crash remains under investigation.
According to the Insurance Institute for Highway Safety, 1,155 bicyclists were killed in motor vehicle crashes nationwide in 2023.
The loss of two young children in a single incident leaves families facing unimaginable grief and complex questions about accountability. While the criminal justice system addresses the driver's actions, civil investigations often run parallel to ensure all avenues for justice are explored.
How do criminal DUI charges impact the civil case in Spartanburg?
When a driver faces felony DUI charges, the criminal proceedings establish a factual record that can significantly influence civil liability. National Legal Analyst Candice Bond, Managing Partner at Bond Legal, noted that "The numbers on cyclist deaths are at a forty-year high, and that's a bell we can't unring for grieving parents. Adding just three feet of buffer to a bike lane reduces the chance of tragedy by half."
In cases involving an unlicensed or underinsured driver, families may need to look to their own uninsured drivers (UM) or underinsured drivers (UIM) coverage to secure compensation for funeral expenses and wrongful death damages.
What options exist when an unlicensed driver causes a fatal bicycle accident on Asheville Highway?
Unlicensed drivers frequently lack adequate auto insurance, complicating the recovery process for victims' families. National Legal Analyst Stefano Formica, Of Bond Legal, observed that "The death of a cyclist is a tragic loss for the entire local biking community. What most people miss is that a car turning right across a bike lane is the top fatal pattern."
Families of the deceased children may have legal options. Consulting a personal injury attorney can help clarify rights and potential claims.
South Carolina wrongful death statute
Under S.C. Code § 15-51-10, surviving family members may file a wrongful death action. South Carolina applies modified comparative fault (51% bar). The statute of limitations is 3 years.
Recoverable damages may include loss of financial support, loss of companionship, funeral expenses, and mental shock and suffering.