Sunday morning New Caney, Texas mourned the loss of seventeen-year-old Jose Damien who was struck by a drunk driver while helping his family change a flat tire. According to the victim’s family, the driver veered towards the family’s truck, smashed into it, and killed the New Caney ISD student. The driver, who has been identified as Charles Baxter, has been charged with intoxication manslaughter. Baxter is not only facing jail time, but also a potential lawsuit for the family’s loss of their loved one.
According to the Texas Department of Transportation’s 2014 report, there were over 25,000 alcohol related crashes, over 16,000 alcohol related injuries, and nearly 2,000 alcohol related crash fatalities last year. Although there is no adequate compensation for the loss of a loved one or for deteriorated health, families can hold the drunk driver financially liable by filing a wrongful death or personal injury suit.
Depending on the type of claim, a family or individual can recover for:
• Funeral expenses
• Disfigurement
• Loss of care, maintenance, support, services, advices, and counsel
• Loss of companionship
• Mental anguish
• Loss of inheritance
• Pain and suffering
• Current and future medical expenses
In cases that involve drunk driving, a family can also seek punitive damages against the driver to deter the driver and others from not only drinking and driving but from harming other people.
If you or someone you know has been harmed in an automobile accident involving a drunk driver, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling (713) 222-7211 or toll free at 713-222-7211.