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Will mother file wrongful death claim against drunk driver?

The more an individual drinks, the more that person's judgment, coordination and reactions are compromised. That is why Connecticut law states that anyone who gets behind the wheel of a car with a blood alcohol limit of .08 or higher could face criminal charges. If a deadly accident occurs due to the negligence of a drunk driver, a civil action for wrongful death could accompany any criminal charges filed in the case.

Recently, criminal charges were filed against a 26-year-old man in connection with a Dec. 2015 crash. Police reports indicate that he crossed over into the oncoming lane of traffic and slammed into another vehicle. That vehicle was carrying a mother and two of her children.

The 31-year-old woman survived the crash. However, her two daughters, ages seven and four, suffered fatal injuries in the accident. As it turns out, the man driving the other vehicle had a blood alcohol level of .24, which is three times the legal limit here in Connecticut. He now faces charges of reckless driving, three counts of assault and two counts of manslaughter, among other charges.

In addition, the parents of the two children killed in this accident retain the right to file wrongful death claims against the driver for the loss of their two children. If the court rules that the man's negligence resulted in the deaths of the victims, an award of damages could be made. Furthermore, the mother could also file a personal injury claim for the injuries she suffered in the accident.

Source: wtnh.com, "Southington man charged in fatal Bristol car crash", Dylan Hyman and Josh Scheinblum, Feb. 26, 2016

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