On behalf of The Frickey Law Firm, posted in on Saturday, March 30, 2013.
Juries in civil courts must decide whether a defendant’s negligence is a contributing factor in another person’s injury or death. Plaintiffs’ attorneys in personal injury and wrongful death claims show conclusive evidence of negligent behavior, like a driver’s intoxication or a purposeful, illegal traffic maneuver.
State troopers said a 21-year-old man could be charged with causing an accident on Colorado 93 that killed another driver. Initial reports said the Denver man’s failed attempt to get by another car in a no-passing zone caused a fatal motor vehicle accident.
Three cars were involved in the weekday afternoon head-on collision near Boulder. Two vehicles were northbound on the two-lane road. The Denver driver moved his Subaru across the center line against traffic laws to pass a Hyundai Santa Fe.
Colorado State Patrol reported the Subaru driver spotted an oncoming Jaguar and tried to shift back into the northbound lane. The Subaru struck the Hyundai and was forced into the southbound lane where it hit the Jaguar straight on.
The Denver driver’s car flipped over while the Jaguar careened across the road and into a guardrail. The Subaru operator was hospitalized with minor injuries. The Jaguar driver, a 61-year-old Littleton woman, was killed in the crash.
Troopers indicated that charges might be pending without saying what those criminal allegations could be. Juries in a criminal or civil court could connect the traffic violation — a willful and illegal attempt to pass another vehicle — with the fatal accident.
A court might decide the Subaru driver made a conscious decision to break the law and take unreasonable risks when he changed lanes. Without that moment of carelessness or recklessness, the accident might never have occurred. The woman would still be alive.
The man’s choice to pass in a zone where passing was forbidden may have long-term personal consequences. The victim’s family may request damages for the permanent hardships imposed upon them.
Source: coloradodaily.com, “Colo. 93 crash south of Boulder kills Littleton woman, 61,” Joe Rubino, March 13, 2013