Repeat DUI Offender Convicted Of Murder

Austin, TX (Law Firm Newswire) August 8, 2013 – A mechanic with a blood-alcohol reading of .17 killed a 4-year-old boy and seriously injured the father in a deadly 2010 drunk driving crash.

“Cases that involve the death of children as a result of a drunk driver hitting the vehicle they are in are the hardest to come to grips with,” said Bobby Lee, an Austin personal injury attorney of Lee, Gober & Reyna. “No one who responds to a crash scene wants to see young children hurt or killed. This case was shocking for the force of the impact that reduced a Chevy truck to something the police first thought was a hatchback.”

The driver in this incident was subsequently found guilty of gross vehicular manslaughter while under the influence and second-degree murder in the death of a 4-year-old boy. The young boy was asleep in the back of the family’s Chevy truck, which had broken down by the side of the highway. They were waiting for help.
The man driving a Ford F-150 was seen by eyewitnesses swerving out of control and making wild steering corrections, as he traveled down two different highways. Waiting by the side of the highway for help, was the Chevy pickup. The young boy’s father had opened the door of his vehicle to check on his sleeping son. The mother and boy’s sister were standing on the shoulder.

The Ford F-150 crashed into the back of the pickup, propelling the father out of the truck and hitting the rear-end with such brutal force that it drove a mounted toolbox directly into the child’s head. First responders air-lifted the little boy to the nearest trauma center, but they were unable to save him. “Although the father was seriously injured, he did survive. The police determined the man driving the Ford had a blood-alcohol content of .17 and had been drinking heavily after going to a concert. As it turned out, he also had two previous DUI convictions,” Lee added.

At trial, he argued the child had died because the toolbox had been mounted incorrectly and that he was not wearing a seat belt. The prosecutor called the defendant’s actions criminal, as he well knew the dangers of drinking and driving, but chose to drink and drive again, despite his two prior convictions.
The jury convicted him. He faces a sentence of 21 years to life in prison for the death of the 4-year-old child. Although the man will spend time in jail, it will not bring the family’s young son back. They may wish to pursue a wrongful death lawsuit in addition to the criminal case.

“Would the family likely succeed in court on a wrongful death lawsuit? Yes. Negligence in this case is quite clear. The man chose to drink and drive, knowing full well that it was against the law and that he already had two prior convictions for DUI. His choice to drink and drive killed a young boy and tore apart a family waiting for help,” Lee pointed out.

To learn more, visit Austin personal injury lawyer and http://www.rwleelaw.com.

Lee, Gober and Reyna
11940 Jollyville Road, Suite 220-S
Austin, Texas 78759
Phone: 512.478.8080

• Some big rig under-ride guards are not effective in certain kinds of crashes
  Big rigs have under-ride guards to prevent cars from sliding under them during a crash. Some guards are ineffective. If you travel on the highways a fair amount, you may find yourself involved in a collision with a semi-truck. It could happen in the blink of an eye, during a moment of inattention or as a result of road conditions. No matter what the cause, if you slam into the rear end of a big rig, the consequences may be deadly. In the hopes of reducing deaths as a result of vehicles sliding under 18-wheelers, the trucking industry created and […]
• High speed collision caused by drunk driver with BAC of .17 percent
  It goes without saying, if you drink and drive, there are often deadly consequences. The accident scene in this case was a collection of torn and twisted metal, busted glass, torn off vehicle parts and incensed drivers. The man who caused the collision ran a red light at an intersection. Police determined later he had been going so fast, even if he had applied the brakes, the accident would have still happened. A 2012 BMW and a Jeep Cherokee met in a clash of metal and screaming tires in the middle of the road. The Cherokee driver was incensed to […]
• Voice texting while driving is not any safer than hands-on texting while driving
  In an attempt to make texting while driving safer, cellphone makers have started promoting the voice to text feature. It is still a distraction and not any safer than manual texting while driving. The Insurance Institute for Highway Safety indicates hands-free cellphones in manual texting mode increase the risk of a crash six-fold. If they are in voice to texting mode, the risk is fourfold. There is no safety benefit in switching from manual texting to voice-activated texting. In fact, it is deceiving to the driver to think that voice to text is safer, allowing them to talk even more […]