A Huntsville teen responsible for a May 2010 car accident that killed one and injured three others is now facing both civil and criminal charges.
The teen driver has been indicted on one count of reckless murder and three counts of assault. Prosecutors say the fatal accident was caused by drug- and alcohol-fueled reckless driving.
The father of the boy who was killed - a 16 year-old high school sophomore- is suing the teen driver for wrongful death.
The Alabama motor vehicle accident occurred as the teen driver was giving four high school students a ride home from a post-prom party. He began driving recklessly at speeds approaching 100 miles per hour, prompting his passengers to voice concern for their safety. Ultimately, the driver lost control of his vehicle and struck four trees. All five occupants were ejected from the vehicle. The boy who died spent weeks in a coma before he passed.
Toxicology reports showed that the teen driver had a blood alcohol level of 0.15. He also had traces of marijuana in his system. Investigators found a whiskey bottle in his truck, along with a pill bottle containing a generic version of the stimulant Adderall.
Alabama Wrongful Death Lawsuits
Under Alabama law, the personal representative of a person who is killed as a result of someone else's negligence may bring a lawsuit for wrongful death. When a minor is killed, the suit is most often brought by the child's mother or father.
Alabama is unique in that it doesn't allow for compensatory damages in wrongful death suits. Thus, unlike in most states, plaintiffs cannot specifically recover for things like the deceased person's lost income, medical bills or pain and suffering.
Instead, only punitive damages are awarded. Punitive damages are not intended to compensate victims for their actual losses, but are instead designed to punish wrongdoers and discourage future bad behavior.
There is no limit on the amount of punitive damages that can theoretically be awarded. Juries are usually instructed to base their awards on two factors: the culpability of the defendant and the necessity of preventing future similar wrongs.
Since there is no set formula for determining damages, the size of an Alabama wrongful death award often turns on how well the plaintiffs' story gets told. For that reason, it is of the utmost importance to choose a skilled attorney who knows how to persuasively present a case to the jury.
