Fatal accidents can often lead to wrongful death lawsuits if a driver’s negligence caused the death of another person on the road. One Dallas Cowboys’ player’s family may have grounds for such a suit after their loved one was killed in a car accident last year.
Jerry Brown was tragically killed after his teammate, Josh Brent, crashed into a curb while driving on Texas State Highway 114. Brent was driving himself and Brown home from a nightclub when he lost control of his car and made contact with the curb. The car flipped over at least once and slid down the road while upside down.
Recent reports show that Brent was speeding, driving at least 110 miles per hour and possibly as high as 134 miles per hour. Reports indicate that Brent was also intoxicated at the time, with a blood-alcohol content level over two times the Texas .08 limit. Brent had a previous DUI arrest in 2009.
Prosecutors are charging Brent with intoxication manslaughter, and Brent was banned from Cowboys games after the accident.
In many successful wrongful death cases involving car accidents, the driver has breached his or her duty of care to the injured party by negligently operating the vehicle. The family of the deceased has suffered some kind of monetary loss because of the loss of their loved one, and the family members are looking for some sort of remedy to help them move forward.
A driver may be found liable for a car accident if the court concludes that he or she was driving recklessly, or driving unsafely while disregarding the risks. Reckless driving includes speeding, improper lane changing and improper passing. Drunk driving could also cause a driver to be liable.
Source: CBS Sports, “Report: Josh Brent was driving 110-134 mph before fatal crash,” Larry Hartstein, Feb. 20, 2013