Alcohol is suspected to play a role in a recent New Jersey car accident that killed a man and seriously injured his daughter. The woman who is considered at fault in the crash now faces multiple criminal charges. When a fatal accident such as this results in criminal charges, it may help the survivors and the loved ones of the deceased victims make a stronger case for a personal injury or wrongful death suit, should they choose to pursue civil litigation.
The accident occurred as the driver of a late-model SUV crossed the center line, colliding head-on with a Honda Accord. The 49-year-old driver of the Honda died at the scene. His 25-year-old daughter was riding in the Honda as well, and she sustained serious injuries. She was transported to a local hospital for treatment.
Authorities are still investigating the crash, but police reported that they smelled alcohol on the SUV driver’s breath when they responded to the scene. She was treated at the hospital for minor injuries. The SUV driver has been charged with driving while intoxicated, vehicular homicide, reckless driving and assault by auto.
There is no question that the family of the decedent and the survivor are devastated emotionally from the accident, but they may also face financial devastation from medical expenses, funeral costs and lost income. Under the personal injury laws of New Jersey, they retain the right to file civil claims against the SUV driver for damages and emotional distress. Successfully litigating a wrongful death or personal injury suit may help this family recover compensation for their financial losses, but it may also allow them to move on from the loss of their loved one.
Source: Basking Ridge, NJ Patch, “Vehicular Homicide Charges in Fatal Head-On Crash,” Jan. 18, 2013