Louis loved riding his bike; he was well known in the bike community. He never expected a horrible accident would involve him, and that a hit-and-run driver would leave him to die in the street.
A defendant driver, who was under 21 and returning from a party where she had been drinking, turned her SUV left directly into the back of Louis as he rode in the opposite direction.
The impact was so bad that Louis’s head broke the rear passenger window of the SUV. Later in a deposition, the defendant claimed she didn’t know there was an impact at all! Louis sustained multiple head and facial injuries. The defendant drove away, leaving him unconscious in the street.
The police eventually stopped her and criminally charged her. Unfortunately, she didn’t have enough insurance for the extensive medical bills. But we learned that her family was very wealthy and should have had more insurance. They certainly had money to pay for what they did to Louis.
The Aftermath and Public Support
Despite the seriousness of the accident, the woman received a light criminal sentence. People protested the sentence, showing a lot of support for the man.
For more context, see the related news article: https://www.canyon-news.com/teen-driver-arraigned-in-hit-and-run-incident/22862
From the court transcript:
This restitution number was then helpful when we negotiated the civil case.
We did further investigation and found evidence that the father acted negligently. Why? Because he was the one who entrusted his daughter with the car. The father tried to fight the allegation, but the court agreed there was enough evidence that the father acted negligently, and the case could proceed to a jury trial. The case was settled confidentially just before that trial.
Our choice to pursue restitution first enabled us to use that amount to negotiate a civil settlement with not only the daughter but her father as well.
Our Legal Strategy: Restitution and Civil Case
The law is both an art and a science, like anything else. How did we apply the law to help our client? We chose to pursue restitution first. Restitution is a payment that the perpetrator of a crime makes to the victim.
We prepared a letter with exhibits, explaining the extensive injuries, medical treatment, and need for future medical treatment to the court. We were persistent and eventually convinced the court that Louis was entitled to $2,373,945 in restitution.
Howell, LLP: Dedicated to Results
At Howell, LLP, no one clear-cut way exists to win a case for our clients. By listening to our clients and investigating the facts and reports associated with the accident, we can apply our past experiences and understanding of the law to your benefit. For more information about how we can help you, contact Howell, LLP, and set up a free consultation.