Sacramento, CA (Law Firm Newswire) May 9, 2014 — A cyclist on his way home from work was struck and killed by a drunk driver.
“This case had a slightly bizarre twist to it,” says automobile accident lawyer, Deborah Barron of the Sacramento law firm, Barron Law Corporation. “The alleged drunk driver was the owner of a website called Allyoucandrink.com and it touts drink specials and nightclub events. The victim was a hard working man in good health, who believed passionately in bicycle safety. It was a dramatic demonstration of two wildly divergent lifestyles.”
The 28-year-old website owner evidently took the “all you can drink” part literally and did just that prior to getting behind the wheel of his vehicle and driving while under the influence. On his way home, he stuck a cyclist in an intersection. When the police arrived, they arrested the driver and charged him with reckless homicide and DUI.
The man on the bicycle had just left work and was heading home to his girlfriend when he was hit. After his sudden death, his family and girlfriend decided to file a wrongful law suit to make a point – that actions such as driving while drunk have consequences, that people sharing a roadway need to be respectful of all traffic on it and pay attention to their surroundings and that cyclists and pedestrians need to feel they are safe from negligent, reckless drivers.
The lawsuit is based on the allegation that the driver of the car was negligent, and not just negligent for driving while drunk, but negligent for drinking to excess and negligent for getting behind the wheel of a vehicle while over the legal drinking limit. If convicted, the driver faces up to five years behind bars.
Many families choosing to file a wrongful death lawsuit are striving to make things better for others, so that they never need to go through what they did. This lawsuit will not bring the man back, but it may help the family move forward, knowing they provided him with a voice that asked for justice for his needless death.
“Wrongful death lawsuits, whether they arise from a car accident, car/pedestrian collision or a bicycle/car accident, are common law claims against an individual who can be held liable for the death. Claims, or torts such as this, are civil, not criminal actions, usually launched by close relatives. In the U.S. the legal burden of proof is based ‘on the balance of probabilities’ and not beyond a reasonable doubt. If you are in a situation such as this, do not wait too long to contact an attorney, or you run the risk of the Statute of Limitations barring an action,” Barron says.
Learn more at http://www.lawbarron.com/
Barron Law Corporation
1900 Point West Way, Suite 202
Sacramento, CA 95815