On September 4, 2009, in upstate New York, a perfect storm of events led to the death of an 8-year-old girl.
The girl's father, in what superficially appears to be a responsible act, chose not to drive that night after drinking too much. His cousin, a17 year old, took the wheel instead, while the intoxicated individual took the passenger seat. In the back seat sat his daughter along with three other minors.
The victim was killed when the driver lost control of the sport utility vehicle and it flipped. She was ejected from the vehicle and then drowned when it landed on top of her. Police attribute the accident to the driver not paying attention to wet and dark road conditions.
Several factors complicate this case. First, the driver was driving with only a junior learner permit. This means she violated the following restrictions:
- Outside of the hours of 9 p.m. to 5 a.m., a driver can drive only under the supervision of a guardian, driving-school instructor or driver-education teacher.
The accident occurred around 10 p.m. Also, the adult passenger in the car was not the driver's legal guardian and was therefore an unfit supervisor.
- A driver under 21 cannot drive with more than one passenger under 21 unless the passengers are immediate family members or driver is supervised by a guardian, driving-school instructor or driver-education teacher.
Three passengers in the accident were under 21 and not all were immediate family.
- Everyone in the car must wear a seat belt and/or use a federally approved safety restraint system.
The victim was not wearing a seat belt.
It is not unusual for the driver in this circumstance to be charged with criminally negligent homicide. This case breaks the mold, however, because the intoxicated individual, a mere passenger during the accident, faces the same charges.
Authorities claim he was responsible for his daughter's safety and failed to provide a safe environment for her by being intoxicated, allowing an unfit driver to drive and not restraining his daughter properly in the vehicle.
If the victim's father (passenger in the vehicle) is convicted of criminally negligent homicide, it would be precedent setting and likely to affect how responsibility is judged in similar cases. Drivers will not necessarily bear the burden of total liability.
Hiring an experienced criminal defense attorney is crucial if you have been charged with a crime. A lawyer will explain your legal rights and options for you to move forward with your life as quickly as possible.
