When a person is killed by the negligent, reckless or dangerous conduct of a person who causes an accident, the person who causes the accident can face criminal punishment as well as a civil lawsuit for damages. This type of civil lawsuit is brought by the victim's survivors who are usually close family members and is referred to as a wrongful death lawsuit.
A recent fatal accident in Cincinnati illustrates how extremely dangerous conduct can result in terrible consequences and a wrongful death. Just before 7 a.m. on a Saturday morning, a 29-year-old mother was walking with her 3-year-old son at Grand and Westwood in the South Fairmount neighborhood of Cincinnati. As they were walking to daycare, they crossed the street together in a marked crosswalk, and tragic events unfolded.
Police investigators believe a car driven by a 24-year-old man was heading east on Westwood and ignored a red light. The car struck the woman and her child and then fled the scene of the accident. Both the woman and her child were rushed to the hospital. The mother suffered a broken ankle, clavicle, leg, neck and ribs, but she survived the accident. Tragically, her 3-year-old son died at Children's Hospital.
After the driver fled the accident scene, an off-duty Cincinnati officer who saw the crash followed the vehicle to Clifton, where officers were able to arrest the driver.
Investigators believe alcohol was involved with the accident. The 24-year-old driver was driving without a driver's license and authorities have stated his blood-alcohol-level was 0.213 percent at the time of the fatal accident. That is more than 2.5 times the legal limit of 0.08.
Source: WLWT.com, "Suspect In Fatal Hit-And-Run Crash Indicted," 4/12/2011
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