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  1. #1
    Join Date
    Dec 2005
    Location
    Farmington, NY
    Posts
    2

    Default Teenager killed in car accident

    Hi, My Stepson was a passenger in a car driven by his friend December 17th. His friend had been drinking and was speeding at 81 in a 55 and hit a tree killing my stepson. The driver just walked away unharmed. The police said that he blew a .02 by the time that they got him to the police station and said that mobile tests are not done in this county. There was a fairly large window between the accident and the test. The investigator said that the driver had a drug record and decided to draw blood from him at the station. That will take 3-4 weeks for results. From talking to my stepsons friends they said that the driver was always smoking weed and there was a 12 pack in the car when the accident happened. The driver is only 18 years old. My wife can not work at this time she works at the school and can not handle the memorys of school and her son. He was a senior this year. We have contacted a Lawyer through the family who is a personal friend of my Sister. He Is a public Defender for another county close to us and has been around for 20+ years here. From what I understand he is not money hungry and is honest and he will be working through another Lawyer on this case. I was just wondering if we are doing the right thing here. I have never delt with an issue like this and need all the help that we can get. The sad thing of it all and what really makes me angry is that the driver of the car or parents have not even sent a letter of sympathy or even called to say I'm sorry. Matt was so well liked that the funeral was mobbed by the media tv/radio/news and multiple school districts. Please steer us in the right direction for our loss it was my wifes only child and she has gone through enough already...

    Thanks,

    Ron & Donna

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Car Accident

    What a tragic situation.

    The other driver may have been cautioned not to contact you about the accident, because of probable criminal charges.

    It sounds like you are taking the proper steps, by securing appropriate legal representation.

  3. #3
    Join Date
    Nov 2005
    Posts
    310

    Default

    Any contact by the driver may also creates a problem with a civil lawsuit.

    The lawyer you have may be great if you intend to prosecute the driver for any driving infractions, whereas the state will take care of any criminal, and usually any driving infractions, but you need a good lawyer experienced in personal injury and wrongful death. I suggest you find one. Your honest criminal attorney may not do as well as an aggressive money hungry shark.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Referral

    It sounds like the public defender referred the case out, or associated with a personal injury firm; if that's not the case, it can often make a substantial difference in the resolution of a case to have an experienced personal injury lawyer involved - to identify all possible insurance coverage, all possible causes of action, and to negotiate or litigate for the maximum recovery. It's perhaps obnoxious to reduce this type of tragedy to a dollar figure, but that's unfortunately all the civil justice system can do.

  5. #5
    Join Date
    Dec 2005
    Location
    Farmington, NY
    Posts
    2

    Default

    Ok here is what we went with. We decided to do our homework and selected this attorney http://www.faraci.com/sschwarz.aspx he is rated on best lawyers.com and met with him to sign paperwork (he is local) . After that my Wifes X-Husbund called and said that he contacted another lawyer just trying to get in her way. The lawyer that he selected does not have the experience or the track record that ours has. Our lawyer said that her x may slow things down but not effect the outcome. Her x is a real winner. He spent 2hrs. a month with the child taking him for breakfast and never communicates with my wife on anything reguarding the child. We do not want to use his lawyer in any way. Our lawyer said that if need be he will take her x to court to show that my wife should be state appointed in this case. I was just wondering if her X can force her to use his attorney. By the way he is moving out of the state this week also. He would not even be available for any court appearance or close followup on the case.

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