The family of a Portland, Maine (ME) teacher who died in a car accident two years ago by a teen driver has filed a wrongful death lawsuit that accused the young driver of negligence.
The estate of the woman, who was married with two children, filed the lawsuit in York County Superior Court yesterday against the defendant and his parents.
The wrongful death lawsuit was filed just before the two year statute of limitations was up.
The family’s attorney told the media that the teenaged was driving a Saturn Vue in 2013 on his way to school. He crossed the center line and slammed into the teacher’s station wagon, killing her and injuring their two children.
A police investigation determined that the teenager was not talking or texting on a cell phone, nor was he drinking or on drugs. The attorney general’s office declined to press criminal charges.
Instead, he was charged with the civil charge of motor vehicle violation resulting in death. Fines and fees were $1639, and $420 was considered paid after doing 120 hours of community service.
The lawsuit claims would provide for care for both the husband and his two children, according to the family attorney.
Our personal injury law firm has worked on many wrongful death cases in Virginia. It is important to us that the legal rights of the surviving family be properly represented in court. In our state, to bring about a successful wrongful death claim, the plaintiff must prove that the death was caused by the defendant, and because the defendant was negligent or liable for the death. It also must be proven that the death of the victim has led to monetary damages.
Whether the case above will be successful depends upon the ability of the personal injury attorney to prove that the defendant really was negligent. It is extremely important for family members to select a very experienced attorney in this type of case, especially when no drugs/alcohol or cell phone was involved in the accident.
We send our sincere condolences to the family in this case, and hope the tragedy reminds each of us to always pay close attention when behind the wheel.