Sometimes, the stars all align and bring good luck. Thankfully the cops caught this driver before he killed two kids in a drunk driving accident.
Sometimes, fate plays a hand in someone’s life, or in the lives of many. That is what happened in this case. Forty-three year old John Doe (name changed to protect the kids), was going down the road when he was pulled over by state troopers. They initially noted he was not wearing a seatbelt.
When they were talking to him, they caught the very strong smell of alcohol from inside the truck and noticed that there were two kids in the truck with him, ages 13 and 10. The driver miserably failed the field sobriety test and was arrested, bundled into a police car and taken to state police barracks. His blood alcohol content was .17, which is more than twice the legal limit. The man was promptly charged with felony driving while intoxicated, because he had children in his vehicle.
What possesses people to drive while drunk? What makes them think they are immortal and invisible to law enforcement while they are trying to pretend they can drive? What on earth propels them to take children along for the ride, when there is the very real possibility the kids could be killed in an accident? There is an old saying, “You can’t fix stupid.”
Stupid decisions aside, this man could have wrecked a lot of havoc on someone, including himself, had the police not stopped him for what they thought might be a seat belt infraction. Somewhere those children’s guardian angels were working overtime.
If this man had been involved in an accident and harmed or killed someone, including the two children, he could be sued for wrongful death or personal injuries. To prove a personal injury case or a wrongful death case, there needs to be negligence involved. In this instance, the negligence is two-fold: drinking excessively and choosing to drive. The link to prove the case is made between the negligence being the direct cause of the accident and thus the cause of the injuries or death.
When someone is killed due to the negligence of another, the surviving relatives may file a wrongful death lawsuit. This suit would seek compensation from the person responsible for the death or injuries. Damages may include medical bills, lost wages, loss of future earnings, loss of companionship, funeral and burial expenses and may also include punitive damages that are often awarded for egregious, intentional acts.
When you speak to an experienced Austin personal injury lawyer about a wrongful death case, one of the things discussed is limits on damages in a personal injury case. Some states place limits on compensatory or punitive damages. You need to know how that may work in your situation and how your Austin personal injury lawyer can help you find justice.
Robert W. Lee is an Austin personal injury lawyer for Lee, Gober & Reyna. If you need an Austin auto injury lawyer, contact an Austin personal injury attorney from Lee, Gober & Reyna. Visit RWLeelaw.com.