DUI Victim’s Family Seeks Damages from Bars
The family of Maikol Chumasero, who died in an accident, has filed for damages against five local bars that served alcohol to the driver of the vehicle. The estate of Chumasero has filed suits for damages against five―Westport establishments 323 Main St. and Splash Restaurant, B.J. Ryan’s and Fat Cat Pie Co. of Norwalk, and Sweet Basil, located in Fairfield.
Many say if this family wins that could be the end to bars and/or a lot higher price for drinks which would also be the end to bars. The family is distraught but many in the public say this is a frivolous lawsuit.
Dram Shop Act
The bars are being sued under the Dram Shop Act, which makes the bars that serve liquor to a person responsible for an accident liable for up to $250,000 in damages. Chumasero was a passenger in the 2000 Porsche Boxter S driven by Matthew Faillace. Faillace crashed the car on West Rocks Road. While Faillace sustained severe injuries, Chumasero sustained life threatening injuries, slipped into a coma, and died four days later. Faillace has been charged with speeding, drunk driving, second degree vehicular manslaughter, travelling too fast for conditions, unsafe tires, and failure to maintain his position in the proper lane.
Chumasero’s family have already filed a case for compensation against Faillace and his father and received an undisclosed amount as compensation in an out of court settlement.
The current case relates to the fact that 323 Mainstreet owned by Faillace and his father served Faillace alcohol after closing hours. The other establishments also served him alcohol even though he was visibly intoxicated.
Double and Triple Damages
The lawyers representing Chumasero’s family are seeking double and triple damages since under Connecticut laws under certain circumstances the victims of drunk driving and vehicular manslaughter are allowed to do so. Well, if this continues bars and alcohol venders will stop operating in this state.
Drunk Driving Compensation
When a person is injured in a drunk driving accident through no fault of their own, they or their family have the right to claim financial compensation from the at-fault driver as well as the bars that served alcohol to the at fault driver. If you or a loved one has been injured in a drunk driving accident or a family member has died as the result of a drunk driving accident you need to immediately retain the services of an experienced and marvelous attorney.
The legal professional will assess the circumstances of the accident and ascertain all the parties that can be sued for compensation. In such circumstances, the accident victims and their families should not make any statement to the insurance companies or sign any documents without consulting with the personal injury attorney like Melocowsky & Melocowsky in Hartford. The attorney will use the medical records and bills in order to determine the right amount of compensation due and negotiate with the insurance companies in order to obtain it for you.
Court Cases
If the negotiations with the insurance companies and the representatives of the at-fault driver fail, the drunk driving accident lawyer you retain will file a case for compensation for personal injury in court. The lawyer will use the evidence already collected and use this to argue the case in court.
Financial Compensation
Victims of drunk driving accidents can claim financial compensation from the at fault driver as well as the dram shops that served them alcohol after they looked visibly intoxicated but this does not mean they will actually win the case. The compensation for the accident victims are of two types – economic damaged and non-economic damages. The economic damages cover the cost of accident treatment, lost wages or income during the recovery period, additional costs incurred because of the injuries such as cost of modification to the home, retaining help to perform chores normally completed by the victim, and so on. The non-economic damages include the compensation for the pain and suffering endured by the accident victim and their family members.
When a drunk driving accident victim dies as the result of the injuries, the financial dependents can sue the persons responsible for compensation but this type of case could be tossed out because bars have the right to perform their service. Additionally, they can also sue the persons responsible for the cost of treatment and loss of consortium. Anyone in America can sue someone else but in this case, the person who is responsible is the misguided person who chose to drink and drive.
A drunk driving accident lawyer who specializes in obtaining personal injury compensation will be able to help you obtain the compensation due to you.
