Possible manslaughter

[MrHudson]

Hi,
I need advice for a good friend of mine. His son was just killed Friday by a drunk driver as he was crossing the street on foot. This happened at 2 am and my friends son (24 yrs old)was intoxicated and not in a cross walk, the driver was arrested and taken to jail. What should they do? Should they just settle with the auto innsurance co. or get a lawyer? About how much are they to expect in componsation?
Thank you
Mr Hudson

 

[CdwJava]

Events like this are always tragic. However, it may very well be possible that the DUI driver will be rules NOT at fault, and that the inebriated 24-year-old will be the party most responsible for the collision. It is likely that the driver's insurance company may still seek to settle any action, but it is impossible to say what kind of compensation they should expect.

His heir should consider obtaining the services of an attorney before any negotiations with an insurance company begins.

- Carl

 

[france]

dive in

In that situation, when insurance co wage a settlement, go dive in.
The amount of compensation is impossible to pecuniary estimate.

 

[PILawGirl]

See what the traffic report says. It could be that the pedestrian was partially at fault as well as the driver. They could find a 50/50 fault or even a 25/75. Due to the fatal injuries caused to the pedestrian some sort of settlement can come from the drivers insurance. I would definitely consult an attorney regarding this.

 

[CdwJava]

It depends on the state. Most states - like California - only find one party at fault. The other party could be assigned an "associated factor", but fault is still applied one way.

However, insurance companies and even civil courts do not have to find the same result as the police report.

- Carl