If my stepson died in a car wreck because the driver was drunk but his father was a passenger and was also drunk, doesn’t his father bear some responsibility aas well?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my stepson died in a car wreck because the driver was drunk but his father was a passenger and was also drunk, doesn’t his father bear some responsibility aas well?
His uncle was drunk and lost control of the car. His dad was drunk and in the passenger seat. Nobody was wearing seatbelts and everyone was thrown from the car. The first person and EMT’S on the scene said the adults wreaked of alcohol. We were told the car was going over 110 mph. His dad told us they were drunk and driving that fast. However, now his dad and uncle are trying to change their story, saying it was a tire blowout, no drinking was involved and they were going the speed limit. I know the driver will receive some form of punishment but what about my stepson’s dad? Is he not held responsible also? What charges are they facing for this?
Asked on July 5, 2015 under Criminal Law, Tennessee
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It is really hard to make someone a co-defendant on intoxication manslaughter case. However, if the father had specific knowledge of the dangerous acts, he could potentially be charged with child endangerment. Even though you would like charges to be filed, it's ultimately up to the state on whether or not to press forward on criminal actions. To see if this is an option the state would entertain, make an appointment to see the prosecutor, tell them the information you do know, and inquire if they would take up the additional charge.
If they chose not to accept the additional criminal charge, you can still pursue a civil suit against dad and uncle. The main disadvantage, however, is that your remedy will be limited to monetary damages.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.