New information has been released regarding the investigation of a Euless, Texas woman who injured eight teenagers in a car accident back on October 25th. I wrote about this accident when it happened—the lady was the mother of twin daughters who were out at the movies with six of their friends. At 10 p.m., the woman was called to go pick the teens up in her 2002 Trailblazer. On the way home she hit a curb and flipped the vehicle several times. All of the kids were taken to hospitals in nearby Irving and Grapevine and luckily none of them suffered life-threatening injuries. On a subsequent blog, I wrote that evidence was released revealing that the woman's blood-alcohol level was .13, which is .05 over the legal limit.
After having been arrested Nov. 6, the woman has since posted $20,000 bail but is being indicted on charges of driving while intoxicated (DWI) with a child, endangering a child and injury to a child. DWI with a child carries a larger penalty than a normal DWI.
A new article out today gives more detail on what happened, including witness accounts. Apparently, the woman told the kids she only had three beers and when the accident occurred, she said she swerved so as not to hit a dog. However, witnesses told police it was a parked car she swerved to miss just before hitting the curb and flipping. Also, a trailblazer has at most, 5 to 8 seats. The woman, plus the eight kids makes nine people riding in that car and none of the kids in the back seat were wearing seatbelts when the car flipped several times.
Apparently, during the drive home, the woman drove up to 95 miles per hour on an interstate.
Reports also allege that the woman asked her daughter to lie to police as well as the passengers and their parents about her drinking and driving. The sad thing about it is that the group of teens had gone to the movies to celebrate the twin daughters' 15th birthday.
From a legal perspective, this case presents many issues. Clearly, the mother was negligent in driving while intoxicated. Did she have liability insurance? If so, does she have enough insurance to cover all of the teenagers' personal injuries? In an injury case, the parents of the teenagers can recover for the medical bills and pain and suffering of their children. If the total amount of all those claims exceeds the limits of the mother's policy, then each person must take a reduced settlement. The parents could then look to their own insurance policies, and if they had underinsured motorists coverage, that could help recover compensation for their children's injuries.
When an accident occurs, there are many different ways to make a claim. If you were injured in an accident and would like to find out more about your rights, please call me at 817-294-1900 or feel free to Contact Me Online.
Photo courtesy of www.star-telegram.com