A New York City man allegedly, illegally commandeered a box truck after a night of wild partying and crashed into a bus. Sadly, the trucking crash killed the bus operator.
The man reportedly had been drinking at a swank “fashion week” party in NYC. Sources have claimed that the man may be charged with murder. Sources have claimed that the drunk man was getting too cozy with numerous models and was escorted off the premises.
Stealing a car
The man allegedly stole a delivery truck and collided into numerous parked cars. After the truck and car crash, the drunk driver ran a red light and hit a commuter bus, killing the bus driver. “The bus jumped the sidewalk and crashed into a scaffolding, ejecting the driver, who was not wearing a seatbelt.” http://nypost.com/2014/02/12/numerous-injuries-after-west-village-bus-collision/ According to the New York post, “Four people suffered minor injuries in the crash, including a scooter driver, a food cart vendor and customer, and a passenger on Pena’s bus.”
Man arrested after partying like a rock star
The man was “arrested and taken to Bellevue Hospital, where he was awaiting arraignment last night. He admitted he was at a party with models and he was drinking and he appeared to be drunk or high,” said a law-enforcement source, adding that investigators drew blood from Whilby after he refused to take a Breathalyzer. “Whilby’s Instagram and Twitter pages reveal him as boozing party boy who likes to smoke marijuana first thing in the morning.” http://nypost.com/2014/02/12/numerous-injuries-after-west-village-bus-collision/
According to the CDC “Every day, almost 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver” http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html “Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are often used in combination with alcohol.” http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html
Who may face lawsuits / liability for personal injury and wrongful death in these tragic accidents?
Of course, the man who crashed into numerous motor vehicles and caused the deadly accident will face liability. However, this negligent tortfeasor will in all likelihood not have enough assets to pay the claim. Also, it is likely that his automobile insurance company will deny insurance coverage since his conduct was allegedly criminal.
The company who operates and conducts fashion week may face liability for negligence. The restaurant who served him alcohol on the night of the fatal wreck may face wrongful death litigation as a result of the deadly accident. The company may also face personal injury, dram shop as well as property damage claims.
The nightclub where the man was drinking alcohol could face liability for allegedly serving a visibly intoxicated man. The man’s friends and family members who were out with him that night could potentially face social host liability also.
“What does New York Dram Shop law cover?
New York dram shop law is found in section 11-101 of the New York General Obligations law. Under this law, it is illegal for businesses to serve alcohol to persons who are visibly intoxicated. The definition of “visibly intoxicated” is left largely to the discretion of the employee who serves the alcohol. Tell-tale signs of visible intoxication may include slurred speech, bloodshot eyes, and lack of physical coordination. “ http://www.legalmatch.com/law-library/article/new-york-dram-shop-laws.html it is not known whether the victim or the victim’s families have retained personal injury attorneys or wrongful death lawyers.
Article by Rhode Island Personal Injury Lawyer David Slepkow 401-437-1100
Rhode Island (RI) Dram Shop Laws:
§ 3-14-6 Liability for negligent service of liquor. – (a) A defendant, as described in § 3-14-5, who negligently serves liquor to a minor is liable for damages proximately caused by the minor’s consumption of the liquor. (b) A defendant, as defined in § 3-14-5, who negligently serves liquor to a visibly intoxicated individual is liable for damages proximately caused by the individual’s consumption of the liquor. (c) Service of liquor to a minor or to an intoxicated individual is negligent if the defendant knows, or if a reasonable and prudent person in similar circumstances would know that the individual being served is a minor or is visibly intoxicated. (d) A defendant is not chargeable with knowledge of an individual’s consumption of liquor or other drugs off the defendant’s premises unless the individual’s appearance and behavior, or other facts known to the defendant, would put a reasonable and prudent person on notice of that consumption. (e) Proof of service of alcoholic beverages to a person under twenty-one (21) years of age without request for identification forms a rebuttable presumption of negligence. History of Section. (P.L. 1986, ch. 537, § 2.)
RI Dram Shop Personal Injury law:
§ 3-14-7 Liability for reckless service of liquor. – (a) A defendant, as defined in § 3-14-5, who recklessly provides liquor to a minor is liable for damages proximately caused by that minor’s consumption of the liquor. (b) A defendant, as defined in § 3-14-5, who recklessly serves liquor to a visibly intoxicated individual is liable for damages proximately caused by that individual’s consumption of the liquor. (c) Service of liquor is reckless if a defendant intentionally serves liquor to an individual when the server knows that the individual being served is a minor or is visibly intoxicated, and the server consciously disregards an obvious and substantial risk that serving liquor to that individual will cause physical harm to the drinker or to others. (2) For the purposes of this chapter, the disregard of the risk, when viewed in light of the nature and purpose of the server’s conduct and the circumstances known to him or her, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation. (d) Specific serving practices that are admissible as evidence of reckless conduct include, but are not limited to, the following: (1) Active encouragement of intoxicated individuals to consume substantial amounts of liquor; (2) Service of liquor to an individual who is under twenty-one (21) years old when the server has actual or constructive knowledge of the individual’s age; and (3) Service of liquor to an individual that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning. History of Section. (P.L. 1986, ch. 537, § 2.)