Two Women Killed in Accident in Lake Butler, Florida
Two women were killed after their vehicle was hit by an SUV in an intersection accident on State Road 321 in Lake Butler, Florida, according to an article on News4Jax.com. Apparently, a Cadillac SUV driven by John McDonald ran a stop sign at the intersection and caused the accident with the two women who died in the crash. The article indicates that alcohol was not a factor but charges were pending when the article was written.
How do pending charges affect a wrongful death lawsuit such as this one? It depends on the charges and how they are resolved. When alcohol or drugs are involved and the at-fault driver is charged with DUI, those charges can have a a significant effect on the civil wrongful death lawsuit. If the at fault driver is convicted of DUI related to the accident and a restitution ordered is entered by the judge, the at fault driver cannot deny the elements necessary to allow the plaintiff to allege punitive damages in the wrongful death lawsuit. In other words, if the criminal case is successful and handled properly, the plaintiff in the wrongful death case should be able to get punitive damages out of the civil wrongful death case. Punitive damages are damages awarded by a jury, or negotiated as part of a settlement, that are designed to punish a driver for conduct that is worse than regular negligence.
Reckless driving is another criminal charge that may result from an accident. Reckless driving, even without alcohol or drugs, can also be the basis for a punitive damages claim in a personal injury or wrongful death lawsuit. When the at fault driver is just given a regular traffic ticket, for instance for careless driving, running a red light, speeding, etc., these are not as helpful for the personal injury or wrongful death case. Normally, when police officers give traffic tickets, they do so after the crash and base their opinions on statements made after the crash rather than their direct observations of the crash. If the police officer did not see the crash, his/her opinion about fault and his/her decision to give a ticket to one driver or another is irrelevant because it is only based on speculation. However, it is always helpful to know who received the ticket in a crash because that can be used as a part of an argument to show that driver was liable for the crash.
