Springfield Missouri injury lawyers wonder if the day will come when we never read about drunk drivers killing innocent victims again. Although the following accident happened in St. Louis County, it is not dissimilar to the kinds of personal injury and wrongful death cases we represent here in Springfield and other parts of Missouri.
According to the Missouri State Highway Patrol, Patrick Dawson Walsh, 20, was driving a 2005 Chevrolet Silverado when he rear-ended a 2007 Chevrolet Tahoe on Sunday, Sept 25th. The accident occurred around one in the morning, in the westbound lanes of Interstate 270, just west of West Florissant Road.
The force of the collision caused the Tahoe to roll over, killing two of its occupants--Steven M. Brueggen, 38, and Michael R. McLemore, 37. They were both pronounced dead at the scene. The Tahoe's five other occupants fared better, receiving only minor injuries. Walsh suffered minor injuries as well.
Mr. Walsh was arrested and held at St. Louis County jail on suspicion of drunken driving, second-degree assault and involuntary manslaughter. Later that day, two counts of involuntary manslaughter and five counts of second-degree assault were filed against him. His bail was set at $100,000, payable with cash only.
If a Negligent Driver is Prosecuted in Criminal Court, Will the Families of the Victims Receive Compensation?
In a case like this one, the negligent party has had criminal charges filed against him. He will be prosecuted by the government, and might either settle out of court with a plea bargain or go to trial, and have his fate decided by a jury of his peers. But, if a negligent driver whose actions cause someone else's death is prosecuted in the criminal justice system, does this mean that the families of the victims will be compensated with financial damages for their loss?
Usually, this requires a completely different lawsuit, called a "wrongful death" suit, which must be initiated by the victim's surviving family. This is a civil proceeding, not a criminal one. The families of the victims cannot rely on the city or state prosecutors to pursue this case, they will need to hire a wrongful death lawyer.
There are two types of damages which may be awarded in a successful wrongful death claim:
1. Compensatory damages, which include such things as medical and funeral expenses, the economic support they would have gotten if the decedent had not been killed, and sometimes compensation for grief or loss.
2. Punitive Damages, which may be awarded in a wrongful death case if the defendant's actions were particularly reckless or heinous, such as drunk driving.
Surprisingly, the success of a wrongful death suit is not necessarily dependent upon the success of the criminal court proceedings. In the infamous OJ Simpson trial, he was acquitted of the murder of his wife and Ron Goldman. However, in the wrongful death suit brought against him by their surviving families, he was required to pay a total of $33.5 million in punitive and compensatory damages. Obviously, this was a high profile case involving a multimillionaire celebrity, and cannot be taken as an average result.
A Springfield wrongful death lawyer can tell you whether or not you have grounds for a wrongful death suit. To win such a case, it must be proven that the defendant's wrongful conduct, such as driving drunk, created the events that led to the fatality.
If you need help in such a case, the Springfield Missouri injury lawyers at Aaron Sachs offer a free initial consultation at any of our five regional offices. Please contact us today to find out how we may be of assistance to you. Call 1-888-777-Auto(2886).
Attorney meetings by appointment only
