logo for injury-settlement-guide.com
Home
Ask a Question
FREE Case Review
Required Reading: How Claims Work
Basic P.I. Concepts
Who's at Fault?
After the Accident
Compensation
How to Negotiate
Accepting the Offer
Filing a Lawsuit
Hiring Your Lawyer
Extra Info
Case Types: Car Accidents
Product Liability
Medical Malpractice
Mesothelioma
Slip and Falls
Dog Attacks
Nursing Home Abuse
Workers Comp
Wrongful Death
Other Case Types
More Info: State Laws
Guests' Articles
About
Site Updates
Share This Site
Accident Form

Subscribe To This Site
XML RSS
Add to Google
Add to My Yahoo!
Add to My MSN
Subscribe with Bloglines
leftimage for injury-settlement-guide.com
 

Lawsuit Involving a Teen Car Accident which Caused a Fatality*

In this teen car accident case the people of the state of Mountain View are suing defendant Frances Litco for three counts of criminally negligent homicide, one count of assault in the third degree, one count of reckless driving, two counts of speeding, crossing over official markings and failing to keep right.

The defendant is appealing the criminally negligent homicide and assault charges.

The seventeen-year-old defendant left his high school grounds in his car with two of his friends as passengers at approximately 9:30 am.

At 9:45 am the police arrived at the car accident that involved the Litco car and a white minivan. Both vehicles were in the eastbound lane of traffic, in the right lane and shoulder. The car was on its side and the minivan was upright. The speed limit on that section of road was 55 mph.

Two victims in the car were dead at the scene and a passenger in the minivan died the next day. The two drivers remained at the scene of the accident. Defendant Litco acted dazed and shaken, not being able to recall the names of his passengers.

A police officer at the scene collected data and took precise measurements of different aspects of the teen car accident. The results were taken to a crime lab where the accident was reconstructed by a technician.

The technician concluded Litco's car lost control and collided with the minivan then spun into the guardrail. The estimated speed of the Litco car was between 82 to 87 mph. The speed of the minivan was the posted 55 mph.

The court stated that criminal negligence occurs when a person fails to perceive a substantial and justifiable risk in certain circumstances. "The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."

Criminal negligence also requires the defendant to have participated in blameworthy conduct creating or contributing to a substantial or unjustifiable risk. It takes an "additional act by the defendant to transform speeding into dangerous speeding" (for example, a teen car accident where the driver was drag racing on a city street and killed a driver stopped at a red light).

The court concluded there was not sufficient evidence that any other factor "in addition to speed" converted Litco's actions to dangerous speeding. The court must look to the actions of the defendant that caused the teen car accident, not the results.

In the court's view none of the factors cited by the plaintiffs are considered as "risk creating" behavior and therefore the counts of criminally negligent homicide and the assault in the third degree are dismissed. The remainder of the charges are supported by evidence and therefore remain in force.

*This case example is for educational purposes only. It is based on actual events although names have been changed to protect those involved.



Return from Teen Car Accident to Auto Accident Claim

Return from Teen Car Accident to Personal Injury Settlement Guide Personal Injury Areas

How Much Is Your Case Worth?
Find out NOW! Complete this form for a FREE case
review by an experienced attorney...



The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter.Click below to read our full User Agreement, Disclaimer and Copyright Information.

footer for injury settlement page