U.S. Capital

Cop Going 14 MPH Over Speed Limit Kills Young Man

Oct 13, 2012

Austin, TX (Law Firm Newswire) October 12, 2012 – Hotly disputed wrongful death case results in victory for the plaintiff’s estate.

“This case involved a police officer going faster than the posted limit, ultimately resulting in a wreck that killed a 21-year-old man. His father filed a wrongful death lawsuit, seeking actual and punitive damages for the death of his son,” indicated Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

The young man was killed August 7, 2011 as he pulled out in front of a police cruiser. The officer stated he tried to avoid the wreck but slammed into the driver’s door. The lawsuit stated the officer was doing 54 mph in a 40 mph zone, a statement in direct opposition to what the police stated shortly after the accident. The police said the officer had been travelling 40 to 45 mph. As it turned out, a later police investigation showed the man had been going 14 mph over the posted speed limit.

The plaintiff’s legal counsel spotted discrepancies in the accident reconstruction report and realized there was a conflict of interest in this case: a police force investigating an accident possibly caused by one of their own officers. The wrongful death lawsuit states the police made false statements, attempting to pin the blame on the plaintiff’s son, as his blood alcohol level was over the legal limit.

“That fact aside, a later investigation showed the young man’s line of vision may have been obstructed and that, at the time of impact, he was only traveling about 11 mph, an indication he had stopped at the stop sign the officer said he ran. Had the cop not been speeding, been operating with lights and siren and in the right-hand lane, this accident would never have happened,” Schuelke added.

Wrongful death lawsuits are as much about closure as they are about finding out the truth. The victim’s father wanted to ensure the police took responsibility for the death of his son. The facts of the case clearly indicated there was a discrepancy in the officer’s story. The father wanted justice for his son.

To learn more or to contact an Austin personal injury attorney or Austin injury lawyer, visit http://www.civtrial.com.

Perlmutter & Schuelke, LLP
1717 W. 6th Street, Suite 375
Austin, Texas 78703-4868
Call (512) 476-4944