Meth. Meth?!
In an unbelievable update regarding the dump truck that
plowed into a group of motorcyclists--killing four innocent people--it was
reported yesterday that the truck operator was under the influence of
methamphetamine. In fact, police believe the driver to be an addict,
meaning this reckless and
abhorrent driving may not have
been an isolated incident.
If this is true, as police suspect, this case has gone from
tragic to unforgivably criminal.
Police reported that the driver had dilated pupils, a high
pulse rate, and he couldn't maintain his balance. There was no evidence
that he even attempted to break before slamming into the unknowing victims.
It probably wouldn't have mattered, however, since three of his six
brakes were out of adjustment. Did this guy do ANYTHING to be remotely
safe? What about his employer?
Two weeks ago, a local attorney, beginning a trial in Maricopa County, had a very difficult time
picking a jury because in addition to suing the responsible driver, the injured
victim (plaintiff) was also suing the responsible driver’s employer. In Arizona, an employer is
deemed legally responsible (called vicarious liability) for the conduct of its
employee. The potential jurors indicated in this most recent trial that
they did not think an employer should be held responsible for the actions of
its employee, and, indicated that they would likely not follow the law on this
issue in deciding the case. All were excused, and the trial postponed.
Do you agree with them? Given the facts of this
horrific truck-motorcycle collision, how do you feel now about this issue?
No doubt, there will be a slew of criminal charges against
the driver: Murder or manslaughter,
aggravated assault, endangerment, etc. But what about the victims and
their families? What recourse do they have? How will they be
compensated for something that can never be replaced? And how does this
news about the dump truck driver's drug influence impact the victims' case
against the man and his company?
In our first blog about this issue, I explained what
happens when a responsible party doesn't have enough insurance. In this
posting, however, I'd like to discuss what happens when the responsible party
is found to be extremely--and criminally--negligent in a case of wrongful death
and personal injury in Arizona.
Under Arizona
law, there are two (2) types of damages that can be awarded in a civil
case: 1) compensatory and 2) punitive.
Compensatory damages are intended to “compensate” the
victims, or families of the victims for their losses. Medical bills,
funeral and burial costs, pain and suffering, disfigurement, lost income, lost
relationships, etc… are all types of ‘compensatory damages”. In most
losses—particularly as horrendous as this, there is no true measure of
compensatory damages that can be awarded. Money is not enough, and, no
matter how much, it is always too little. We would never trade our loved
ones for money. However, under the law in Arizona, money is the only means to
compensate the victims and their loved ones.
Punitive damages, on the other hand, are intended to
“punish” the wrongdoer(s). The primary focus of punitive damages is to
punish the “evil hand guided by an evil mind”. However, it is not
necessary for the existence of “evil”, and, that meaning is more broadly
defined by the law. Punitive damages may well apply to reckless disregard
of life and the well being of others, such as the intentional ingestion o drugs
or alcohol, and then choosing to get behind the wheel of a vehicle and
recklessly endangering the lives of others.
I'll be watching closely as this case develops, and I'll be
sure to keep you posted on the legal implications of the story as it develops
in the news. I have extensive experience in the areas of personal injury
and wrongful death in the state of Arizona,
and I'm sorry to say that cases like this aren't rare.
Our hearts go out to the
families of the victims.