It all started when Freshman Aubrey Baumbach was walking along on a poorly lit Lehigh Drive, making her way home after crew practice, when tragedy struck. She was hit by Wilson Kneebone, a known repeat drunk driving offender, as reported by lehighvalleylive.com.
Not all roads have sidewalks
Aubrey’s estate filed a lawsuit against Lafayette College in which they allege that the college was partly at fault for the accident. Knowing all too well that the road lacked a sidewalk, students were made to walk to crew practice from a makeshift parking lot. But even drunk driving accident Lafayette, LA lawyers know that not all streets have sidewalks.
They would essentially have to park their cars up the street and then walk a few hundred meters to reach the boathouse were they would attend crew practice but many people know this is not really a big deal. In fact, before Aubrey’s tragic accident, a pedestrian who may or may not have been paying attention was struck by a motorist and killed. This first fatality had occurred only three months prior to the accident in which Aubrey became permanently brain damaged.
For some reason, the team supervisors had shut down the parking lot at the boat house itself and disallowed students from using it. But everyone knows that it is impractical for every street to have a sidewalk.
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College not responsible for accident that injured student’s brain
Unfortunately, the lawsuit has been dismissed by courts on technical grounds that she was injured when walking on a public road and was making her way to a private car and thus the college itself cannot be held liable for the accident. This is much to the chagrin of her drunk driving accident Lafayette, LA attorney and family but not really too many other people – apparently not the jury.
The judge however empathized with the Baumbach family. In a written statement he said that it was a very tragic and regrettable situation which tends jurors and judges to rule in the favor of the victims. However, the facts and the evidence put forward do not conclusively show how the college was responsible in any way or form for causing the accident itself.
Nevertheless, the Baumbach family is not stepping down without a fight. Their drunk driving accident lawyer has also made a written statement where he confirms that they will be appealing the decision to a higher court. He also mentioned that the family was deeply hurt and saddened by the verdict. A spokesperson for the college communicated in an email that the college regretted what had happened and that they would always keep Aubrey and her family in their thoughts and prayers.
Kneebone, the drunk driver who crashed into Aubrey, has pleaded guilty in the case and has been sentenced to a maximum of 7 years in prison for driving with a suspended license and also for aggravated assault by vehicle.
DUI laws in Louisiana
According to Lafayette drunk driving accident lawyers, there are a lot of ways to become acquitted of your DUI charges. It could be that the arresting officer did not video graph the field sobriety tests as per law. There is also a chance the reason the officer pulled you over in the first place was not logical while there could be a possibility that the breathalyzer was faulty or not calibrated.
The possibilities are numerous. A stellar Louisiana drunk driving accident attorney will know how to spot these mistakes and exploit them, which is why you should get yourself terrific legal representation right away. Not sure how to do this? No worries, press right here for your legal salvation.