Personal Injury Law

Missouri Reckless Drivers - Criminal Consequences as well as Civil Consequences if Injured Victims

By Benjamin J. Sansone, Esq.

A negligent or reckless driver can be held liable for their actions both in criminal and civil courts, as their actions may have violated criminal laws as well as caused personal injury to a victim. As a basic legal tenant, in a personal injury claim for wrongful death, one must pass the ?but for? test. This is to say, ?this person would not have died, ?but for? this defendant?s specific action(s)?. Andy and Debbie Smallwood of Carthage, Missouri were able to see the young man that killed their daughter held accountable in both the criminal court and civilly for personal injury.

The Smallwood's settled a Missouri wrongful death claim resulting from a car accident with auto insurance company American Family Insurance this past Tuesday in their Missouri wrongful death lawsuit against Jarub R. Baird. The parents will receive $25,000 each in compensation for their daughter?s life that was taken 4 years ago.

In December 2006, the negligent and reckless driver was driving a car, full of teenagers, at speeds well over 100 mph. He hit a patch of ice which caused the car to go airborne, hit a telephone pole, run through a barbed-wire fence and continue to roll the length of a football field.

Only one of the three teens managed to secure her seat belt moments before the accident. She, along with the negligent and reckless teenage driver, suffered only minor injuries. One passenger suffered a traumatic brain injury, three broken bones in his hand and a broken femur. Another passenger was thrown through the front windshield and tragically died at the scene of this horrific Missouri car crash.

The driver was charged, and later convicted of one count of involuntary manslaughter and one count of assault in the second degree. The Missouri reckless driver will serve consecutive 4 and 3 year sentences, respectively, in the Missouri Department of Corrections.

See St Louis injury attorney Ben Sansone's Missouri Injury Law Bog Article for a case similar to this one involving high speed driving, involuntary manslaughter charges, and Missouri wrongful death

If your family has suffered a Missouri or Illinois wrongful death or personal injury, please contact experienced wrongful death and personal injury attorney, Benjamin Sansone. This was another avoidable tragedy, but we are glad that not only will the defendant driver be held accountable criminally, but there will also be some type of monetary restitution made to the victims and victim?s family.

Full post as published by Missouri Injury Law Blog on October 23, 2010 (boomark / email).