An example of a (potential) personal injury claim with punitive damages claim also.
Per information reported by BRANDON SHULLEETA of the Richmond Times-Dispatch the following is discussed pertaining to potential wrongful death case.
Mr. Michael J. Carlson, a 47 year old residing in Mechanicsville, has been charged with involuntary manslaughter and Driving While Impaired after his 2008 Toyota Sequoia struck and killed a roadside jogger on Monday, January 13, 2014 in Richmond, Virginia. This is reported by the Hanover County Sheriff’s Office. The Sheriff’s office states:
“Preliminary investigation indicates that a 2008 Toyota Sequoia was traveling west on East Patrick Henry Road when it ran off the right side of the roadway while in a curve and struck a pedestrian,” Lt. Chris R. Whitley said in a statement. “The pedestrian was jogging east on the westbound shoulder of the roadway.” Pedestrians without sidewalks are supposed to walk/run facing traffic.
Negligence: The negligence claim would be based on the driver the driving off of the roadway onto the shoulder of the road. Drivers are supposed to maintain their lane of travel.
The punitive damages and additional negligence would be the fact the driver is alleged to be intoxicated above the legal limits. One could infer that the driver’s intoxication is what caused him to leave the road and hit a pedestrian on the shoulder of the road. Crash team deputies are continuing to investigate the incident.
Tragically, this car on pedestrian event caused the death of the victim.
On the criminal side of the case, the driver, Mr. Carlson, was initially being held without bond at Pamunkey Regional Jail pending an arraignment in Hanover General District Court. However, a bond was set since the driver was not deemed a flight risk. His lawyer contended the doctor had no history of substance abuse, nor prior criminal history. His lawyer said Carlson stopped at the accident scene, called 911 and attempted to help the victim, who was a mother of three and had a spouse.
Damages for wrongful death: Leaving a family behind, the victim’s family will have claims for damages for loss of consortium, loss of companionship, and loss income as part of a wrongful death claim.
These are two links to the actual article and persons involved. I did not mention the name of the victim in this blog out of respect. http://wtvr.com/2014/01/14/michael-carlson-bond-hearing/ http://wtvr.com/2014/01/14/michael-carlson-bond-hearing/
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