Suing A Close Friend or Relative May Be Unavoidable and Costly if Delayed
A Madison County driver has been charged with DUI manslaughter and vehicular homicide for the death of a passenger killed when he lost control of the vehicle and crashed last October, according to www.wtxl.com. On October 15 of last year, Henry Lee Robertson, Jr., was driving his car along US Highway 90 when he lost control of the vehicle, striking a telephone junction box and several trees before coming to a full stop. According to police, Henry had been drinking and his blood alcohol level was .224. Henry had two passengers with him in the car: Jamie O'Neal Hampton and Jerry Lacadrick Miller. They were all wearing their seat belts, but while Henry and Jamie survived, Jerry did not.
Having motor vehicle operators held criminally responsible if someone dies as a result of them negligently operating a vehicle while under the influence of alcohol or having these drivers held liable in civil court for the damages that their negligent driving caused, is not news. Therefore, we should not be surprised if the estate of Mr. Miller files suit for wrongful death against Mr. Robertson and his insurance company....
Yet, our experience over a combined 60 years of practice, has taught us that some victims hesitate to file a claim against the responsible driver due to a feeling of guilt over suing a relative or a close friend.
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