It's not uncommon for us to read about people being arrested for driving under the influence after they have caused a serious (or even fatal accident). But we don't always hear how these stories end. We may even wonder if these DUI suspects manage to game the justice system somehow and wind up getting off with just a slap on the wrist.
Thankfully, that wasn't the case this week in Kane County, where a man who was convicted of aggravated DUI and reckless homicide was sentenced to three years in prison for his crimes. The 51-year old man actually pled guilty last year, but due to numerous court delays, his sentencing did not take place until Tuesday.
The Plano man was arrested after a fatal auto accident on October 2, 2008. The man was driving his van on Fabyan Parkway west of Batavia (near Mill Creek County Forest Preserve) heading to his place of employment. While in a no-passing zone, he tried to pull around another vehicle to pass. But he slammed head-on into a sport utility vehicle driven by a 53-year old man from St. Charles, and the victim died at the scene. Police later determined that the Plano man was driving under the influence of both alcohol and codeine at the time of the crash.
Whenever a DUI suspect is convicted, it becomes much easier for the family of the victim to move forward with a wrongful death lawsuit against him. That's because in the eyes of the law, the impaired driver is no longer "innocent until proven guilty" after he pleads guilty or gets convicted by a jury. With the fault in the accident clearly established, the St. Charles man's family can try to obtain reimbursement for burial expenses, compensation for lost future wages, and damages for loss of care, loss of companionship, and/or emotional distress. Sometimes, a jury even awards punitive damages to plaintiffs in DUI-related lawsuits.
It's not uncommon for us to read about people being arrested for driving under the influence after they have caused a serious (or even fatal accident). But we don't always hear how these stories end. We may even wonder if these DUI suspects manage to game the justice system somehow and wind up getting off with just a slap on the wrist.
Thankfully, that wasn't the case this week in Kane County, where a man who was convicted of aggravated DUI and reckless homicide was sentenced to three years in prison for his crimes. The 51-year old man actually pled guilty last year, but due to numerous court delays, his sentencing did not take place until Tuesday.
The Plano man was arrested after a fatal auto accident on October 2, 2008. The man was driving his van on Fabyan Parkway west of Batavia (near Mill Creek County Forest Preserve) heading to his place of employment. While in a no-passing zone, he tried to pull around another vehicle to pass. But he slammed head-on into a sport utility vehicle driven by a 53-year old man from St. Charles, and the victim died at the scene. Police later determined that the Plano man was driving under the influence of both alcohol and codeine at the time of the crash.
Whenever a DUI suspect is convicted, it becomes much easier for the family of the victim to move forward with a wrongful death lawsuit against him. That's because in the eyes of the law, the impaired driver is no longer "innocent until proven guilty" after he pleads guilty or gets convicted by a jury. With the fault in the accident clearly established, the St. Charles man's family can try to obtain reimbursement for burial expenses, compensation for lost future wages, and damages for loss of care, loss of companionship, and/or emotional distress. Sometimes, a jury even awards punitive damages to plaintiffs in DUI-related lawsuits.
Category: Auto Accident
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