• 02
  • February
    2010

A San Diego area teen was arrested last year for gross vehicular manslaughter, where she killed another driver in Santee. 

We often hear about the criminal charges or the personal injury implications of fatal accidents, but we don't often hear about the overlap between these two types of actions.  More specifically, do families of lost loved ones sue the criminal for wrongful death? 

Georgia courts certainly seem to allow for such personal injury lawsuits.  A South Georgia family was awarded $1.5 million after their son's death in 2006.  Their son was run over by a pickup truck and the driver was charged with DUI manslaughter.  The driver is currently serving four years in prison. 

In the case at hand, the San Diego teen was also driving under the influence of alcohol and has pleaded not guilty to several charges, including gross vehicular manslaughter while intoxicated, car theft, hit and run causing an injury, hit and run causing property damage and driving without a license.  She was driving her Ford Ranger near San Diego and hit the decedent, an impact that sent both vehicles across the road and onto the same spot where there had been a fatal accident three weeks earlier, involving the Toyota sticky gas pedals.

San Diego personal injury attorneys generally bring wrongful death lawsuits when a person is killed due to the negligence or misconduct of an individual, a company or an entity.  The suit is usually brought by the surviving family members of the decedent. 

As with every lawsuit, there is money awarded and quite often, the personal injury attorney will have to evaluate whether there even lies the potential to collect from the person being sued. 

Although there is recovery for the wrongful loss of a loved one, no amount of money can ever mend the pain of those left behind.  But at least there is solace in knowing that the surviving family members can be taken care of financially.