Posts

Outrage Erupts Over Lack of Jail Time for Teen Driver Who Killed Four

On June 15, 2013, the lives of several individuals in a town near Forth Worth, Texas, would be ripped apart forever.  On that night, sixteen year-old Ethan Couch and several of his friends had been drinking—heavily.  They had already stolen some beer from a local Wal-Mart.  After consuming the beer, the decided they needed even more.  So they decided to go for a drive in Couch’s pickup to get yet more alcohol.  At the time, Couch had already consumed a significant amount of alcohol—vodka and Everclear—and also had Valium in his system.  There were seven other teenagers in Couch’s pick-up truck.

Distracted and drunk, Couch turned onto Burleson-Retta Road, just outside Burleson, which is south of Fort Worth, Texas.  Couch, who was driving at approximately seventy miles per hour in a forty mile per hour zone, plowed into a group of people who were attending to a stranded motorist.  Couch’s pick-up struck another parked car, belonging to Brian Jennings and which also had two boys inside, which was then pushed into oncoming traffic.  Breanna Mitchell, 24, was killed instantly.  Mitchell was the driver of the stranded car.  Three other people were also killed.  Hollie Boyles, 52, and her daughter, Shelby Boyles, 21, were helping Mitchell with her stranded car, as was youth pastor Brian Jennings, 41.  The impact was so severe that the four were flung fifty to sixty yards away from the scene.

Two of the passengers in Couch’s truck, those that were riding in the flatbed portion of the pick-up, were critically injured.  One of the boys, Sergio Molina, spent several months in a coma.  He remains paralyzed and brain damaged, and he can communicate only by blinking his eyes.  A total of 11 people were injured.  Soliman Mohmand was seriously injured, suffering from broken bones and internal injuries.  Local authorities stated that it was the most horrific crash they had ever seen.

Three hours after the accident, Couch’s blood-alcohol content was a staggering 0.24, which is three times the legal limit in Texas.

Couch was charged with four counts of intoxication manslaughter and two counts of intoxication assault.  His defense was that he was suffering from “affluenza”—he was the product of a wealthy family with parents who never set appropriate boundaries for him.  He even had an expert in his corner—Dr. G. Dick Miller, a psychologist who blamed the accident on Couch’s parents.  Indeed, this was not the first time Couch had been cited for alcohol violations.  He had two prior possession of alcohol charges.

On December 11, 2013, Judge Jean Boyd sentenced Couch to ten years probation.  He was facing up to twenty years in prison for the accident.  Couch will not be released to his parents, but will be sent to a long-term treatment facility in California with a hefty price tag (borne by Couch’s parents) of reportedly $450,000 to $500,000 per year.  Couch’s defense attorney, Scott Brown, stated that nothing that Judge Boyd would have done could have lessened the suffering of the victims’ families.

But that is not what those victims’ families said.  Eric Boyles, who lost his wife and daughter in the accident, was outraged and stated that Couch has never had to face consequences for his actions. Marla Mitchell, Breanna Mitchell’s mother, said that Couch would face judgment from a “higher power.”

If you have been injured in a car accident as a result of someone else’s carelessness, or worse, the days, weeks, and months ahead will be an extremely trying time.  Dealing with recovering damages for injuries you have sustained is not something you should have to do alone.  Barrett Law PLLC, is here to help you. Let us put our experience to work for you.  Please contact us today at (800) 707-9577 to schedule an appointment.

/by

Can I Obtain Punitive Damages for the Injuries I Received In a Mississippi Car Accident?

Many individuals are injured in automobile or trucking accidents everyday.  Many of these injuries are relatively minor and also, have common causes—minor rear-end accidents, minor side-swipe collisions, and other similar accidents.  Unfortunately, sometimes injuries are not minor.  In fact, they often result in death or catastrophic injuries to its victims.  And sometimes the accident results not from a minor fender bender but from a horrific collision involving gross negligence, recklessness, and/or criminal wrongdoing.  In these types of accidents, such as the accident caused by Ethan Couch, which is discussed in another one of our blogs, our firm often gets inquiries about whether punitive damages are recoverable.

Punitive damages, unlike all other forms of damages that are designed to compensate an individual for his or her actual past and future losses, are designed to do one thing—deter future conduct by the defendant and others.  They, in effect, are a punishment.  Because punitive damages are not intended to compensate the plaintiff, who will nevertheless receive all or a majority of the damages, punitive damages are rather difficult to obtain.  The facts at hand have to rise to the level of something so egregious as to be essentially shocking or intentional.  The one exception is in regard to cases against an insurance company wherein it is alleged that the insurance company refused to settle/pay out on a particular matter in bad faith.

Punitive damages are largely governed by state common law, but the United States Supreme Court has issued decisions finding that punitive damages in a ratio of four to one implicates constitutional concerns.  However, the United States Supreme Court has also found exceptions to this; accordingly, there are no absolute or hard-and-fast rules.  The general proposition, however, is that the greater the amount of punitive damages, the greater the likelihood they will be subject to challenge.  The United States Supreme Court has ruled that the damages awarded be reasonable as determined by the degree of reprehensibility of the defendant’s actions.

Cases involving automobile accidents that may be one in which punitive damages could be sought include:

  • Manslaughter;
  • Reckless driving;
  • Fleeing the scene of an accident;
  • Intoxication; and
  • Criminal behavior while operating a motor vehicle.

Punitive damages will very likely not be covered by an insurance policy.  Therefore, determining whether to pursue them should include a consideration of the likelihood that the defendant they are imposed upon has the means to satisfy the judgment.  Punitive damages are more typically sought against companies such as employers, truck manufacturers, component part manufacturers, and the like.  However, they certain can and should be sought against individuals in appropriate circumstances.

If you or a loved one has been involved in a car or trucking accident, it is important to retain an attorney experienced automobile accident lawsuits.  The nuances of litigating automobile accident lawsuits can be difficult to navigate for an attorney inexperienced in such matters.  Matters of timing, obtaining medical records, knowing who to file suit against, obtaining records, retaining experts, and similar issues can easily lead to oversight and mistakes. You also need an attorney who understands how to fight for your rights.  We know how to do so and having been doing so for decades.  If you or a loved one has been injured or killed in an automobile accident, please contact Barrett Law PLLC at (800) 707-9577 to schedule your initial consultation.

/by

What To Do After A Mississippi Car Accident

Car accidents, even minor ones, can be very unsettling to both drivers. Know in advance what to do in the event of an accident. Your primary concerns should be the safety and well-being of all parties, and taking steps to protect your interests in the aftermath. Here are a few steps that will help you respond appropriately.

Safety First

If anyone involved in the accident sustained injuries, call 911 immediately. Don’t try to move someone with injuries or allow yourself to be moved. Paramedics can determine the extent of injuries and move victims without causing more harm to the victim. Leave the vehicles where they are if there were injuries or the physical damage to the vehicles was extensive. Otherwise, move the cars off the road to a safe place. Be careful when exiting the vehicle, doing so on the side away from traffic.

For the Record

Call the police to report the incident. In some areas, the police respond only to serious accidents, so give them the basic facts and ask for instructions. Whether the policy of local police is to respond or not, you will need to exchange information with the driver of the other vehicle. Get their name, address and phone numbers, insurance information and license plate number. Provide your information as well.

Take pictures of both cars and any other evidence you can, such as skid marks or rubble from the damage. Use the camera from your cell phone if you have one. Alternatively, some drivers buy a disposable camera and keep in the glove compartment specifically for this purpose.

What To Avoid

When speaking to the police and to the other driver and/or passengers, cite only the facts. Do not admit or imply guilt, by apologizing, for example. The shock and anxiety people often experience following a collision, even a minor one, color your perspective, and it’s not uncommon for drivers to feel it was their fault in the immediate aftermath of an accident, even when it wasn’t. This is important, because in many states, liability is decided under a system called comparative negligence. This system recognizes that in a lot of cases, both parties had at least some responsibility for the accident. Admitting guilt at the scene could affect how much liability you are later assigned.

After the Fact

Call your insurance company as soon as possible after the accident to report the facts. They will need to know when and where the incident occurred and the other driver’s information. They will also ask if a police report was filed and whether any injuries occurred. Don’t offer any additional information. Then, if you feel there is a need, you can contact an attorney, who can advise you whether any additional steps are needed to protect your interests further.

/by