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Pedestrian versus vehicle accidents often result in severe injuries, the same was true in Silver Spring, Maryland when two pedestrians suffered fatal injuries after being struck by a car. The two men, both 26 years old, were walking in the cross walk around 3:30 a.m. Sunday morning. It was reported that the pedestrians were hit by a driver in a black 2010 Acura who later fled the scene after getting out of the vehicle to see what the driver had it. A witness chased the car down and made the driver and passenger return to the scene until police responded. The driver was later located and given a field sobriety test. If criminal charges are pursued, the alleged driver of the vehicle at issue in this accident will be entitled to representation by a criminal defense attorney or the public defender’s office.
Florida and Maryland consider a .08 alcohol level to be intoxicated and reason to charge a driver with a DUI. A DUI manslaughter, which would define this scenario, is a higher criminal offense. In addition, the driver could be held liable in civil court for the wrongful death of both pedestrians. In Florida, a wrongful death claim has to be filed with the court within 2 years of the offense. A civil component would allow the family or estates of the two men to seek damages from the at-fault driver, such damages would be payable from the car insurance of the at-fault driver if there is bodily injury insurance in place. If not, or if the damages are higher than his coverage, then the at-fault driver could be held personally responsible for any money damages as well.