On behalf of Berkshire Ginsberg, LLC posted on Thursday, June 27, 2013.
Surviving family members may be able to seek damages when a loved one becomes the victim of a drunk driver fatal motor vehicle accident. A man attempting to drive from Portland to another Oregon city for drug rehab first drank alcohol and took drugs prior to causing a car accident that killed an Oregon man. The driver, accused of causing a head-on crash that killed a 65-year old man, has now been charged with manslaughter and driving while under the influence of an intoxicant. The driver’s blood test showed methamphetamine, cannabis and other drugs in his system. The driver’s scheduled appearance in a Multnomah County courtroom was recently rescheduled while he has been recovering in the hospital. In cases of the wrongful loss of a loved one following a fatal motor vehicle accident, family members may find that a wrongful death lawsuit can serve several purposes. A wrongful death lawsuit can be brought when the negligence or misconduct of another party, such as a negligent driver, causes the death of another person. A wrongful death lawsuit can be brought for the benefit of surviving family members to claim multiple types of damages. A wrongful death lawsuit may compensate surviving family members for pain and suffering damages, as well as medical and funeral expenses, among others. A personal representative of the deceased loved one’s estate will bring the wrongful death lawsuit against the negligent driver for the benefit of the surviving family members. In cases when the person who caused the fatal car accident has been cited for or charged with a violation of the law related to the accident, the violation can be considered evidence of the driver’s negligence and liability. The unexpected loss of a loved one because of the negligence of another is an extremely difficult experience. The negligent driver may be required to compensate the victim’s family as a result. Source: The Oregonian, “Driver accused in fatal U.S. 30 crash admitted drug, alcohol use before collision, court documents say,” Everton Bailey, Jr., June 20, 2013.