In 2003, Bill Janklow, a Republican senator from South Dakota, was driving at least 70 mph in a 55 mph zone when he ran a stop sign and hit a motorcyclist. The motorcyclist, Randolph Scott, was killed instantly. Janklow escaped the worst with a broken hand and bleeding on the brain.
The Janklow Trial
At the beginning of Janklow’s trial in December of that year, his lawyer argued Janklow suffered from hypoglycemia, had taken an insulin shot, and then hadn’t eaten at all the day of the accident. As a result, Janklow was “mixed up” and “confused” when he hit Scott. Prior to Janklow’s trial, he was involved in three previous accidents and received 12 tickets for speeding (an action Janklow had been unapologetic for). However, the jury was never informed of this driving record.
In December, 2003, Janklow was convicted of second degree manslaughter. He resigned his Congressional seat a few days after this. As a convicted felon, Janklow’s role in Congress would have been limited until a House Ethics Committee investigated the allegations. In January, 2004, Janklow was sentenced to 100 days in jail. He was released the following May.
Lawsuit
Randolph Scott’s family filed a $25 million wrongful death lawsuit against Janklow. The court ruled that because Janklow was on “official business” at the time of the accident, he was therefore working for the government at the time and was protected from a lawsuit due to the Federal Tort Claims Act. This essentially means that the federal government will assume liability for things like accidents instead of the individual who may have been involved and was working at the time – no matter how liable that individual is. The Scott family’s lawsuit was then turned toward the government in 2006. That same year, the South Dakota Supreme Court reinstated Janklow’s license to practice law.
Attorneys are still trying to settle the case. If no settlement is reached by May, the whole thing goes back to trial.
Randolph Scott’s family still hasn’t seen any of the money they have asked for after the accident in 2003. However, Bill Janklow, a man with a lengthy driving record, doesn’t have to worry about paying anything because the federal government sheltered him, which essentially gave Janklow a free pass. Yes, he had to spend a hundred days in jail, and this event ended his political career. But he’s a practicing lawyer again. This is a better deal than the one Randolph Scott and his family received.
If you have lost a loved one due to another driver’s negligence, please contact an experienced injury lawyer in your area.
