While texting on his cell phone, a distracted 41-year-old man ran a stop sign and collided with an elderly couple’s vehicle in Michigan. The 78-year-old passenger died from the impact, while the driver – her husband – survived serious injuries.
This wrongful death case due to a texting driver’s negligence is believed to be the first incident of its kind in Michigan. A new state law, created in 2010, bans texting while driving. However, the charge against the culprit is merely a misdemeanor, resulting in a one-year prison term and a $1,000 fine. Many people, including the surviving husband, do not believe this is an appropriate punishment for the entirely preventable car accident.
Authorities say their hands are tied: because the man was not drunk, speeding, or involved in other “egregious behavior,” he could not be charged with manslaughter or reckless driving. Lawmakers are considering reviewing penalties in similar cases in order to establish a more comprehensive punishment going forward. Meanwhile, the man is free on bond pending an April 23rd pre-trial in Michigan’s Lapeer District Court.
If one of your family members has died in Michigan due to another person’s negligence, you deserve not only compensation, but justice. Please contact the experienced wrongful death attorneys at Jay Trucks & Associates, PC today for a free consultation.