SAE Wants Wrongful Death Trial Moved to Tompkins CountyAs a $25 million wrongful death lawsuit against Sigma Alpha Epsilon and several Cornell students progresses, new details have emerged about the events leading up to the death of George Desdunes ’13 last February. read more
SAE Wants Wrongful Death Trial Moved to IthacaAs a $25 million wrongful death lawsuit against Sigma Alpha Epsilon and several Cornell students progresses, new details have emerged about the events leading up to the death of George Desdunes ’13 last February. read more
Joe Jackson's Wrongful Death/Michael Jackson Lawsuit Tossed Out of CourtJoe Jackson screwed up by filing a Michael Jackson wrongful death lawsuit against AEG and Dr. Conrad Murray ... a judge has just ruled.Joe filed his wrongful death lawsuit AFTER Katherine Jackson filed hers -- on her own behalf and on behalf of the…
Wrongful death suit to begin TuesdayJury selection is set for Tuesday in a wrongful death suit involving the drowning of a 3-year-old girl in a septic tank in Argyle.
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Kendrick Ray Powell Killed in Wrong-Way Interstate Accident in Amarillo, Texas
According to the Amarillo Globe-News, a man was killed and another
seriously injured in a wrong-way accident on East Interstate 40 in
Amarillo, Texas. The incident occurred around 9:30 p.m. when 30-year-old
Christopher Easterday crossed over the median in a Ford Mustang, into
westbound traffic. Easterday's vehicle struck a Nissan Frontier driven
by 21-year-old Kendrick Ray Powell, killing him at the scene. Easterday
was taken to a local Amarillo hospital with what are thought to be life
threatening injuries. Amarillo police believe speeding and alcohol are
factors in the accident.
Commentary These
wrong-way accidents are unexplainable at first until you read that the
police are investigating an alcohol link. Once their reports are
completed and the alcohol factor is either confirmed or denied, a third
party investigation should then be used to inspect the accident scene
and determine all liable parties. I realize some of you may be
wondering where multiple liable parties come from, but more to that in a
bit. Typically, an accident like this could produce a wrongful death
claim against the driver of the errant vehicle, if certain criteria are
met. First, a claim needs to identify a liable party as negligent in an
accident. This is probably the most important aspect of a lawsuit, as
negligence is ultimately what will solidify fault. Legally speaking,
negligence means allowing one's standard of care to fall well below what
a prudent individual may expect. In a car accident, this standard of
care is usually the safe operation of a motor vehicle, and could
certainly be breached by allowing one's vehicle to travel the wrong way
on a roadway. Beyond negligence, a claim's standing only needs survivors
who are eligible to file on the victim's behalf, and they must be able
to prove economic loss from the accident. Now, if the
allegations of alcohol use are proven, and remember they are just
allegations at this point, there is a chance another party could be
liable. To uncover this, the aforementioned third party investigation
would need to trace the driver's actions well before the accident ever
happened. If a bar or restaurant was involved in these past actions, the
driver's intake would need to be examined. It is illegal to serve a
patron once they have become obviously intoxicated. This is a matter of
evidence, as they must be outwardly displaying signs of being a danger
to themselves and to others. These laws, called dram shop laws, were put
in place to slow down our state's glaring problem of drunken driving,
by making alcohol-serving entities enforce the rules set forth by the
TABC.
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