ERISA Law Punishing Car Accident Victims

One of the worst things that can happen to you is to be injured through no choice or fault of your own. If you think nothing could be worse than being smashed up by some drunken driver you are wrong.

There is something worse and it comes from a series of United States Supreme Court decisions concerning a law originally enacted to protect workers. In a perverse twist the court has turned the law into a hammer used to smash those who are injured when others break the rules we all live by.

Imagine you are hit by a drunk driver. The driver is on mandatory insurance for earlier troubles. The limit of the insurance is $25,000, the minimum. Let’s assume though that you are responsible and prudent. You have health insurance through your employment and you purchased $100,000 of under insured motorist (UIM) coverage for just this kind of disaster. The drunk runs a stop sign and smashes into your car breaking your leg and shoulder. You won’t be working for at least 6 months, if ever again. Your medical bills are mounting.

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A Man in Virginia is Charged With Criminal Negligent Vehicular Manslaughter

On January 17th, 2012 in Fredrick County, Virginia.  A 56 year old man from Richmond driving a 13 ton heavy hauler going northbound on Green Valley Road, was going around a sharp corner and while adjusting to the curve his trailer ended up losing traction.  The trailer, which had been reported as empty; swung wide into the opposing lane, striking and crushing a southbound traveling 46 year old man from Libertytown in a small passenger truck.  This was reported by the Maryland State Police Sergeant who had been on duty at the time of the accident.  The man who was crushed was later pronounce dead at the scene of the crash and the driver responsible for the accident was charged with traffic violations that would include criminally negligent vehicular manslaughter.

More than a year later a lengthy 3 day trial resulted in a guilty verdict for the accused man and he will now have to wait to be sentenced at a later time.  The family who had their loved one taken from them shared tearful hugs with each other that day outside the courtroom.   Through out a difficult year and a half families from both sides of the court room, including many more in the community of Fredrick County; have all learned and been influenced by this trial.  It has been the first of it”s kind since the Criminally Negligent Vehicular Manslaughter Statute was enacted in 2011.  This statute states that in such cases, the prosecution must show that a defendant should have been aware that their conduct created a “substantial and unjustifiable risk” to human life and that failure to perceive the risk was a “gross deviation.”

Although the verdict had been read out as guilty; the accused man and his criminal defense attorney respected the jurors and the integrity of the process, but left disappointed by the outcome.  The criminal defense attorney and the man accused both felt that the jurors had done their part in listening to both what the prosecution and defense had to argue in the case.  Judgement had been made for one man and a life taken from another.

If you or anyone you know needs a good criminal defense or traffic violation attorney in Virginia please contact:

DUI Arrest Can Cost You Your Job

Recently 2 Denver Bronco’s executives were arrested for DUI in separate instances and it has cost them.  One was sidelined indefinitely, without pay.  The other was sidelined for a month, so before you go out and celebrate your birthday, or something else, make sure you have a way to get home.

Unfortunately, every day numerous people are pulled over and arrested for driving under the influence of alcohol.  If people would just take a few minutes to consider the consequences of drinking and driving they save their jobs, and in some cases their lives or someone else’s life.  I simple call to a local taxi or having a designated driver with you could make a big difference in the course you life takes.

Each state has DUI laws that specifically outline the various circumstances where someone can be charged with a DUI, as well as the procedures law enforcement personnel must follow when making a DUI arrest.  If you are charged with a DUI, it is advisable to contact a local DUI lawyer who specializes in representing clients charged with DUI.

Here are few legal resources if you have been arrested for DUI:

If your DUI arrest coincided with an accident you may want to check out these resources as well:

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