In April 2013, a 15-year-old pedestrian died as a result of a hit and run car accident in Hatfield Township, PA. The 15-year-old was walking along the shoulder of Route 309 on the night of April 26, 2013 with 4 of his friends when the distracted driver struck them and then fled the scene.
According to Montgomery County District Attorney, Risa Vertri Ferman, the woman who caused the fatal pedestrian accident was drinking for several hours at a sports bar prior to the accident in Hatfield. She then got behind the wheel and was texting while driving. One of messages she texted was to her marijuana dealer informing him that she was on her way to purchase marijuana. Blood tests later revealed that she had a blood-alcohol level more than twice the legal driving limit.*
On Friday, May 24,2013, the negligent driver, a Towamencin woman, was arrested on several charges:
In addition to facing criminal charges, the driver may face civil liabilities as well. Under the law, she may also be "punished" and have to pay what the law calls punitive damages. Punitive damages are warranted when a driver acts in such a way that they show a patent disregard for the health and safety of others. Ordinary negligence does not subject the negligent driver to punitive damages. However, situations such as drunk driving and in this particular situation where the driver was texting continuously and driving while intoxicated may warrant punitive damages.
If you or a loved one was in a car accident caused by a distracted driver, call us for a free, initial consultation. Dan O'Brien, Esq. has helped many injured individuals as a result of car accidents in PA and NJ. 877.944.8396