Deadly car accident could easily lead to personal injury lawsuit.
Earlier this month a tragic DUI accident took the lives of two UCSD medical students and injured three others. It sometimes seems difficult to call DUI crashes “accidents” due to the high level of negligence and recklessness displayed by the inebriated drivers, and this case is one of those times.
In the early morning hours of May 15, the five University of California San Diego medical students were traveling on State Route 163 just north of the I-8 when a Ford F350 pickup crashed head on into their Prius. The 21-year-old driver of the pickup, Jason Riley King, was driving the wrong way on highway 163 with his hazard lights flashing when the accident occurred.
Two of the medical students, 23-year-old Madison Cornwell and 24-year-old Anne Li Baldock, were killed. Two others suffered moderately severe injuries and were treated and released following the accident, while the third suffered severe trauma and was listed in critical condition following the accident.
King, the driver of the pickup, was also seriously injured in the accident and upon examination proved to be beyond the legal limit for alcohol. He is now being arraigned on criminal charges including two counts of vehicular manslaughter and five counts of felony DUI.
In addition to being criminally liable for his actions, King could certainly be civilly liable as well if any of the victims or their families choose to bring a case against him for their injuries and suffering.
While a criminal conviction in the case would not automatically guarantee King would also be found liable in civil court for the pain and suffering caused by his drunk driving, it would lend considerable weight to the victims’ arguments placing complete liability for their injuries on King’s actions.
One of the great tragedies of this case is that the young women who were killed will never reach their full potential to help others in their medical careers. Had they been already employed as doctors, their families would have higher potential for recovering a larger settlement. In wrongful death cases, the income of the victim is often used to put a number on the financial cost of the loss of that person to the family. This is called seeking damages for lost earning potential. Sadly as students they will be perceived to have lower lost earning potential.
However, the families of the victims can still hope to recover significant compensation for their loss using a wrongful death suit. This will enable them to cover funeral expenses. The other individuals who were injured in the accident should be able to recover sufficient compensation to cover their medical bills plus an amount for pain and suffering.
The key here, as in any car accident injury or wrongful death case, will be securing the assistance of an experienced attorney who understands how to effectively prove the need for full and fair compensation.
