Both loved ones and prosecutors seeking justice for the death of a 50-year-old Lancing man in a car accident three years ago were disappointed.
Our Knoxville wrongful death attorneys understand that a county judge presiding over the criminal case instead handed the offending driver six years – of probation. That means he won’t serve anytime in prison unless he violates the terms of his probation sometime between now and 2018.
Although the judge was within the confines of proper sentencing, it was a heartbreaking letdown for a family already dealing with the senseless death of a loved one.
A wrongful death civil suit, in this case, may be one way for the family to seek a further measure of justice. In these cases, it is often not about the money – even though this individual in particular left behind a family with little means of continuing support. More often, it is about validating that their lives were worth more than what the criminal case would indicate. And it’s about ensuring that such a tragedy doesn’t happen again.
In this case, the now-27-year-old defendant was high on oxycodone pain medication when his vehicle collided with the victim’s on U.S. Highway 27. He had reportedly crossed over the center line of the highway, into the lane of oncoming traffic.
According to the Knoxville News Sentinel, the defendant was subsequently charged with vehicular homicide, which is the reckless killing of another person with a motorized vehicle While the defendant was either intoxicated, driving in a construction zone, drag racing or otherwise engaging in conduct that posed a substantial risk of bodily injury.
Under state sentencing guidelines, he could have faced up to 12 years in prison and been handed a 10-year license suspension. Instead, his driver’s license was revoked for three year, he won’t serve any jail time and he must speak to high school and middle school students about the dangers of impaired driving.
The latter we can appreciate, as it may effect some real change. However, we can certainly understand why the surviving family would feel this isn’t enough.
Even in cases were a defendant is not convicted criminally, a wrongful death lawsuit can still be filed with a strong chance of winning because the burden of proof is lesser than in a criminal case.
In order to prove a wrongful death case, there are generally four criteria: duty of care, breach of duty, breach of duty that resulted in the victim’s death and damages.
So in the first point, we have duty of care. This means that the individual had a responsibility to exercise due care in the course of his or her actions. So for example, the driver in this case had a responsibility to drive safely.
Secondly, we have to prove breach of that duty. In this case, the driver breached his duty to safely operate a vehicle because he chose to drive while impaired.
Thirdly, we have breach of duty that resulted in death. In this case, because the driver was impaired, he caused a car accident that resulted in the death of the victim.
And finally, damages. The family has suffered emotional and financial loss as a result of their loved one being killed.
Of course, all this seems fairly straightforward, but it’s important to note that in order to improve your chances of success in your wrongful death case, hiring an experienced law firm is critical.
If you are dealing with wrongful death, contact G. Turner Howard III, Attorney at Law at (844) G3-Help-Me or 865-558-8030
