Auto Accident! - A specific question about legal & civil responsibilities

Factual Questions
1

A friend of mine at work was calling a bunch of lawyers about an accident her friend was in. I told her I would post it here to get feedback from you folks who are lawyers (and those who just play one on TV)…

I assume she would like to know what ramifications this has in terms of what (if anything) can be done to her friend in criminal court as well as civil court.

In talking to my friend, she says that they assessed a speed “in excess of 90 MPH,” on a 55 MPH limit, but that another car was involved. The tread marks are “unusual,” and there is an indication of another car which was not hit but might have “helped” the accident start, however that car is gone and after regaining consciousness, the guy doesn’t remember anything about the accident at all. Right now, she doesn’t know if there are any eye-witnesses.

So how badly is this guy fucked, and can the mother of his girlfriend make things worse for him?

Yer pal,
Satan

2

Well brian, as far as I can guess, (I don’t know the laws in that area), She could certainly sue his insurance company for medical reimbursement and damages, more successfully if he was at fault. Even if he wasn’t she could still get some money.

A freind of mine had a girl in his car and got in a wreck, the other driver was at fault, she sued the guy she was riding with and his insurance co had to pay doctor bills, compensatory wages and pain and sufferin(she had minor whiplash).

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You always use violence. I should’ve ordered glutinous rice chicken.

3

OK.

Bearing in mind that civil law is not my forte…

It seems to me that there’s little question of the twenty-three year-old’s negligence. He was driving, and there is evidence that the car was travelling considerably faster than the speed limit. Since he cannot, from what you say, present any acceptabe reason for traveling that fast, he is on the hook for damages that arise from his actions.

Now, what can the mother do? As the guardian of the seventeen year-old girl, she may sue the driver on her behalf (“by and through her next friend”) or as a guardian ad litem. Basically, she is entitled to go after the driver for the girl’s injuries, to include pain and suffering.

However - she only has the right until the girl turns eighteen. At that time, the mother will have no standing to sue the driver; the girl can, of course, sue on her own behalf.

The fact that she can sue doesn’t necessarily mean she should. If the girl is sympathetic to the driver, she will not be a good witness for the mom’s case. (“How much pain were you in, Amanda?” “Oh, not much. I was fine, really.”)

Beyond that – I don’t think there are too many options open to the vengeful mom. She might squawk loudly enough to get the local prosecutor to come down hard on the criminal charges arising from the accident… but that’s it.

  • Rick
4

Uh, Bricker? You’re assuming (and you, me and Satan are hoping) in-state travel ::cough::Mann Act::cough

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5

Uh, reluctant as I am to get drawn into a discussion with SATAN . . .

Bricker, who despite his protests, seems to be skilled at everything legal, is right on the money. Junior, as the driver, is going to be responsible for the injuries to his passenger, assuming he was at fault, which doesn’t necessarily seem clear to me(more on that in a moment). Typically, the owner of the vehicle, in addition to the driver, will be on the hook as well. What concerns me is the cryptic reference to another car who may have “helped the accident start”, and the mysterious tire marks. If a third party was the sole cause of the accident, regardless of Jr.'s speed, then Jr. is not likely to be responsible. It’s the plaintiff’s (young lady’s) burden to establish the other party (junior) was at fault – and if she can’t do that by competent evidence, Junior’s insurance company is unlikely to pay.

Regarding criminal charges, mom can squawk all she wants, but without proof of sexual intercourse between the parties, there will be no criminal charges (and even with proof, at her age, unlikely in many jurisdictions).

There could potentially be criminal charges against the driver (reckless driving causing bodily injury comes to mind) but again, as with the civil suit, it’s the other party’s burden of proof (in this case, the DA). If neither individual in the car remembers anything, and there is evidence of a third phantom vehicle which may have caused the accident, then criminal charges might be diffult to prove (not difficult to allege, you understand – that’s easy).

Mom’s who don’t want their young daughters to have sex with older men are a dime a dozen, and I doubt her squawking will have much influence on the prosecutor (unless, of course, the prosecutor has a young daughter who is having sex with an older man, in which case he’s in trouble!)

I’m glad your friend and his girlfriend are alright, and I’m sure he doesn’t need civil and criminal troubles on top of this nightmare. Maybe mom will have a heart. Who knows – this boy might be the father of her grandchild someday!

6

I chatted with Melin, who as we all know could not post. She gave me permission to post a transcript of the AIM chat, which I am doing both for my friend to read, and to potentially further stimulating discussion on this…

Lindy1026: Ah. I saw the thread. Couldn’t post . . .
Drain Bead: Okay - Anything you can add to what has been posted by those who are not evil and banned? sarcastic smile
Lindy1026: I haven’t looked at it in a day or so, but I think what you’ve been told is pretty right on. How close to 18 is the girl?
Drain Bead: No idea…
Lindy1026: Well, insofar as anything civil is concerned, of course she has a cause of action against him for damages. That would be covered by his auto insurance, which I assume he has, or he’s an idiot
Lindy1026: I think KalEl is right on the money
Drain Bead: I’m reasonably sure he has insurance. It’s mandatory in NC, and they are really good about enforcing it.
Lindy1026: Had there been anything incorrect there, I would have emailed you
Lindy1026: Don’t know what the law is for statutory rape in NC – agewise
Lindy1026: But if she’s gonna deny sex, it doesn’t really matter
Lindy1026: And, of course, we hope the guy wasn’t drunk driving or anything like that
Drain Bead: No - One beer three hours before getting in the car.
Drain Bead: http://www.ageofconsent.com/northcarolina.htm
Drain Bead: Now, lawyer babe… What does that mean?
Lindy1026: well okay, that means no statutory rape if she’s 16 or older
Drain Bead: Bada Bing…
Drain Bead: So that’s 1/2 of his problems away…
Lindy1026: Yep.
Lindy1026: And if they sue him for her damages – and really, they ought to make a claim against his insurance anyway, so she benefits from it – the insurance company will appoint a lawyer to represent him and will handle it
Drain Bead: So the worst that can happen is he would be in a long drawn-out legal battle which is essentially run by his insurance company, and it’ll all come down to money, not jail time at worst.
Lindy1026: Yup. And if he was clearly at fault, might not even be a legal battle, the insurance company will just pay. NOW, there MIGHT be a problem with reckless driving or some such, going 90 mph
Lindy1026: I would think they would have given him a citation for that. If she had died, he could have gotten vehicular manslaughter
Lindy1026: Doubtful that the DA would press charges here unless he’s got a nasty record or the girl’s family has influence
Drain Bead: Well, I imagine all of the penalties involving that, unless he has a really bad prior record, would only be fines and the jeopardy of his license possibly, right?
Drain Bead: (i,e. no jail time)
Lindy1026: yes, with those caveats. I don’t see jail time, unless she dies
Lindy1026: again, assuming no priors
Drain Bead: No, he almost died… She had relatively minor injuries.
Lindy1026: oh, okay

Yer pal,
Satan