Drunk driver Vs Pedestrian

[RLE1113]

Florida.

In December of 2017 my sister was walking in the crosswalk. She was wearing dark clothes. She was struck and killed by a driver who was on oxycodone and had a BAH of .09. Florida is refusing to press manslaughter charges saying that there is a law that has to take into consideration what the pedestrians actions are. My sister was in the crosswalk but was wearing dark clothes. So they have to add a 2.4% to reaction time. Making DUI not manslaughter. I have dug and dug and dug and can’t find anything supporting this law wise. Can someone give me the actual law or point me in the direction I need to start in

 

[Zigner]

Florida.

In December of 2017 my sister was walking in the crosswalk. She was wearing dark clothes. She was struck and killed by a driver who was on oxycodone and had a BAH of .09. Florida is refusing to press manslaughter charges saying that there is a law that has to take into consideration what the pedestrians actions are. My sister was in the crosswalk but was wearing dark clothes. So they have to add a 2.4% to reaction time. Making DUI not manslaughter. I have dug and dug and dug and can’t find anything supporting this law wise. Can someone give me the actual law or point me in the direction I need to start in

I am sorry for your loss.

Can you explain why you need this information? Are you planning to pursue a civil case, or are you trying to find a way to convince the prosecutor to change the charge?

 

[RLE1113]

Few reasons. Yes I am trying to get the charges changed to manslaughter but obviously I don’t think it will happen. My family will be pursuing a civil suit in the name of her 3 children. But, my ultimate goal will be to challenge the law to be changed so no other family will have to go through this.

 

[xylene]

You need to seek a lawyer to help get justice for your sister.

 

[RLE1113]

You need to seek a lawyer to help get justice for your sister.

Can a lawyer help? I got MADD involved and they said there was nothing I could do because of this specific law

 

[PayrollHRGuy]

There is nothing you can do to make the state prosecute with or without that specific law.

What a lawyer can do is help you decide if a lawsuit is a viable option.

 

[Zigner]

Can a lawyer help? I got MADD involved and they said there was nothing I could do because of this specific law

An attorney will be ESSENTIAL for the civil case. Unfortunately, you likely won't have much luck on the criminal front. The problem is exactly what you were told. Your sister wore clothing that made her very difficult to see. The fact that the driver was drunk may not really have played too much of a role in her death, and even if the driver had been perfectly sober, the outcome may have been the same.

 

[RLE1113]

An attorney will be ESSENTIAL for the civil case. Unfortunately, you likely won't have much luck on the criminal front. The problem is exactly what you were told. Your sister wore clothing that made her very difficult to see. The fact that the driver was drunk may not really have played too much of a role in her death, and even if the driver had been perfectly sober, the outcome may have been the same.

Yes, however had she not drove because she was drunk my sister would of never been hit. If I break into your house and you run towards me, fall, smack your head and die. I will get charged with murder. Cause a death occurred while committing a crime. Why is this any different for 1. And 2 the state is charging her with DUI. Same charge she would have received if she just got pulled over.

 

[Zigner]

Here is the law in Florida that will come in to play (well, one of them) in a civil action: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

In essence, the percentage of fault will be assigned to each party and the aware will be reduced by that amount. So, for example, if the civil case goes to trial and you are successful and the jury awards $1,000,000 but finds that your sister was 40% at fault, then the award will be reduced by 40% and only $600,000 will be awarded.

 

[RLE1113]

Thank you!

 

[Zigner]

Yes, however had she not drove because she was drunk my sister would of never been hit. If I break into your house and you run towards me, fall, smack your head and die. I will get charged with murder. Cause a death occurred while committing a crime. Why is this any different for 1. And 2 the state is charging her with DUI. Same charge she would have received if she just got pulled over.

On the flip-side, even if the driver were drunk, but your sister had worn clothing and/or accessories that allowed her to be clearly seen in the dark, the drunk driver may not have hit her.

I understand that you are grieving. In addition to the legal avenues you are pursuing, I would strongly recommend that your entire family seek out grief counseling. My heart and prayers go out for you.

 

[RLE1113]

On the flip-side, even if the driver were drunk, but your sister had worn clothing and/or accessories that allowed her to be clearly seen in the dark, the drunk driver may not have hit her.

I understand that you are grieving. In addition to the legal avenues you are pursuing, I would strongly recommend that your entire family seek out grief counseling. My heart and prayers go out for you.

 

[RLE1113]

Your recommendation is therapy?? Your condoning intoxicated driving? It shouldn’t matter what my sister wore. The person chose to drive drunk! She put everyone on the roads life at risk that night. As she was driving 45 min. How would you feel had a drunk driver (breaking the law) hit and killed a member of your family who was following the law? In a cross walk, in a lighted intersection. What if she hit your car, or your house, or your pet. Would you get therapy or pursue the fact she was committing a crime that lead to a death

 

[PayrollHRGuy]

@Zigner is not condoning intoxicated driving and I'm sure he had nothing to do with writing the laws in Florida.

 

[Zigner]

I am not condoning intoxicated driving and yes, in addition to the legal remedies you are pursuing, I am strongly recommending therapy. I'm sure your attorney will recommend the same.