October 15, 2022
In early September, a wrong-way driver crossed over into the northbound lane with a passenger in tow, and the wrong-way driver collided with several other drivers on the road. One vehicle, a Honda Civic, was able to move out of the way after being sideswiped by the wrong-way driver. However, the driver of the Buick Encore wasn’t as lucky. The negligent driver ultimately collided head-on with the Buick Encore driver; unfortunately, the victim, a 71-year-old man, suffered fatal injuries as a result. The driver responsible and their passenger sustained non life-threatening injuries from the crash.
As a car accident lawyer victims depend on from Tuttle Larsen, P.A. can share, wrong-way driving is one of the most common and dangerous forms of reckless driving. Although the crash is still under investigation, the wrong-way driver responsible for the collision may face significant penalties if charged. Car accidents resulting in a fatality can take on a wrongful death claim as the family may be able to pursue damages for the losses experienced.
Penalties for Reckless Driving
Those who fall victim to reckless driving will likely gain peace of mind in knowing that the responsible party can face significant penalties if convicted of reckless driving. When someone is harmed due to another party’s wanton disregard for their duty of care, they may be charged with reckless driving. The consequences for the defendant can vary depending upon whether this is their first, second, or third conviction. Reckless driving may result in hefty fines, jail time, and a first-degree misdemeanor on the driver’s record. However, it’s important to note that the defendant may face more significant consequences in situations involving reckless driving where someone has been killed. They may be charged with Vehicular Homicide, a felony that results in fines of $10,000 and up to fifteen years in prison.
Pursuing Wrongful Death Action
While there is nothing that can change the events that transpired when a loved one has passed away, families do have the ability to take legal action against the party responsible. While families can participate in this process, they must be able to prove that they were dependent on the person who passed away. However, be aware that the suit will move forward when the appointed executor from the descendent’s estate or will is the party who may file the civil lawsuit against the responsible party. To initiate the process, it’s important not to hesitate because there is a limited timeframe to take legal action. When a lawyer reviews the specifics of the case, they will begin to value the case and determine the damages that have resulted, which may include:
- Economic Damages
- Medical Expenses
- Burial Costs
- Lost Wages
- Lost Future Wages
- Lost Benefits
- Non-Economic Damages
- Pain and Suffering
- Loss of Companionship
- Loss of Guidance
- Loss of Enjoyment of Life
Nothing can bring back a loved one, and the thought of quantifying the loss of a person may be intensely emotional and challenging. However, determining damages and assigning value is a way to ensure that the victim’s family can receive the compensation they deserve for what they have lost. While choosing legal action is a deeply personal decision that may take time to reach, it’s essential not to delay in moving forward with the process.