Marynell Maloney Law Firm, PLLC
FREE CONSULTATION • CALL US
210-446-0035 • 800-717-6011
Hablamos Español
Tap Here To Access Our Legal Services Menu

DUI prevention apparatus may share blame in fatal accident

A distraction is anything that takes a person's complete focus off what he or she is doing. Even the most well-meaning distractions can cause a fatal accident when a person is driving a car. An 18-year-old Texas girl was recently killed in a fatal accident before she even left her residence.

The girl was backing into the street from her driveway when a pickup truck hit the passenger side of her car. She lived for another week before succumbing to her injuries. The driver of the pickup truck, although sober at the time of the crash, had been blowing into a device that measures his blood alcohol level and had looked away from the road as he turned off the machine. The lack of skid marks at the scene showed he did not apply his brakes to keep from hitting the girl's car.

Requiring the driver to test every 15 minutes, the device will keep the car from running if the blood alcohol level is over the legal limit. While the intention of the machine is to keep a person from driving drunk, it does have its dangers, as is seen in this incident. Police investigators will look at the manufacturer's instructions and the court order to ensure the driver was following all procedures as instructed. As of the time of a report on the accident, he had not been charged with any offenses.

Should negligence be apparent on the part of the pickup driver or the manufacturer of the breathing apparatus, the girl's family may choose to file a wrongful death lawsuit against either or both parties. The smallest detail in that type of claim can affect the ruling of whether or not there is a financial award or even what the amount an award would be. Family members whose loved ones have died in a fatal accident will want to be represented by a Texas attorney who will work to provide a jury with all the information needed in their quest for financial compensation.

Source: opposingviews.com, "Teen Dies In Crash Caused By Driver Using Breathalyzer", David Bonner, Nov. 20, 2017

No Comments

Leave a comment
Comment Information
Super LawyersC Board Certified Texas Board of Legal Specialization Personal Injury Trial LawMulti-Million Dollar Advocates ForumDistinguished AV LexisNexis Martindale-Hubble Peer Review Rated For Ethical Standards and Legal Ability View my profile on Avvo

Contact Our San Antonio Office To Schedule A No-Cost Consultation Today

Marynell Maloney Law Firm, PLLC
922 S. Alamo St
San Antonio, TX 78205
Phone: 210-446-0035
Toll Free: 800-717-6011
San Antonio Law Office Map