SoVerySad Posted May 24, 2015 Share Posted May 24, 2015 The drunk driver who crashed into us was sentenced this week. He ended up only being charged with DUI with the highest tier blood alcohol content - no charges at all related to hitting us. It was the same as if he had only been pulled over and never caused a crash which caused my daughter to need to be cut out of our vehicle, completely demolished our mini-van, and caused me to need surgery and 3 months of rehab. It is hard to understand. Apparently there is one way the impact upon us of his choice to drink and drive was recognized. Because I requested to talk to the Asst. District Attorney about the impact (which I only learned I had the right to do by contacting MADD), he wasn't eligible for the Accelerated Rehab Program which would have allowed the DUI conviction to be wiped off his record as if that had never happened as well since it was his first arrest. Apparently he was quite unhappy that he didn't get that option. He wanted to get my medical records to try to prove I wasn't "injured enough". Such an inconvenience this injury of mine has been to him. I was prepared to attend his sentencing to speak to the judge (as was also my right), but an error was made and they did the sentencing without me knowing it would be done. On a positive note, my wrist is really healing well. I finished rehab this week and will need to continue with my at-home program for several more months to continue to build the strength back up. My anxiety over driving is improving a little as well as I continue to force myself to do so. I'm so ready to get all this behind us. That said, I plan to get more involved in trying to see the DUI laws become more strict in my state. It shouldn't take someone getting permanently injured or killed for there to be more severe consequences. I really hope he won't drink and drive again. Link to comment Share on other sites More sharing options...
Virgo Posted May 24, 2015 Share Posted May 24, 2015 He will. The laws need to change! My LH was a K9 officer. He had several repeat offenders. Even some without a valid driver's license that chose to get behind the wheel while under the influence. The officers get tired of arresting the same violators repeatedly too. One year my LH had over 200 DUI arrests, terrible. It is so selfish and irresponsible to drink and drive. I hope your wrist continues to heal well and your anxiety while driving lessens. Link to comment Share on other sites More sharing options...
Guest Kamcho Posted May 24, 2015 Share Posted May 24, 2015 I've heard anecdotally that my state does not care over much about drunk drivers hurting people. LH said it was because a former and long serving governor was a DUIer himself, and wanted leniency to cover his own ass. No idea if that is true or not. I had an acquaintance whose daughter is to this day disabled, brain damaged, poor quality of life due to a self obsessed frat boy in his mommy's SUV hitting her as she was coming home from work. He walked away with no injuries. He served no jail time to my knowledge and dodged the restitution he was ordered to pay by hiding his assets in his girlfriend's name. I guess since it's a disease and not a choice, it's ok to inebriate one's self, get behind the wheel and ruin someone else's life, right? I'm sorry he got off so lightly, and that you were hurt. Life really is not fair. I am glad that you are recovering. To everyone else: If some asshole is swerving all over the road, be they drunk or texting, you can call 911, and report an erratic driver. Give your location, the make and model of the vehicle and the plate if you can. Link to comment Share on other sites More sharing options...
Wheelerswife Posted May 24, 2015 Share Posted May 24, 2015 SVS, I'm happy to hear that your recovery is going so well. It just isn't right, though, that the man who caused your traumas (including those of your daughter) isn't being held to more meaningful restitution. I certainly don't understand the laws surrounding drunk driving or injury crashes stemming from driving under the influence. It would seem that he should be subjected to some discipline for causing the mental and physical havoc on your lives. It seems he isn't too remorseful, eh? I hope that he will take some time to reflect and come to a better understanding of the impact of his action. Hugs, Maureen PS...I hope to see you at the British Invasion bago! Link to comment Share on other sites More sharing options...
Jen Posted May 24, 2015 Share Posted May 24, 2015 I'm appalled and horrified at the legal outcome-- so not right-- but I'm glad you're recovering. (((((((HUGS)))))))) Link to comment Share on other sites More sharing options...
MissingSquish Posted May 25, 2015 Share Posted May 25, 2015 Exactly what Just Jen said. Glad to hear your recovery is going well. Link to comment Share on other sites More sharing options...
lcoxwell Posted May 25, 2015 Share Posted May 25, 2015 I agree with the others in saying that it is shocking and appalling that the man, who did this to your family, did not get more of a sentence. I also agree with everyone, in saying that I am happy you are healing as well as you are, now. ((((Hugs)))) Link to comment Share on other sites More sharing options...
Guest nonesuch Posted May 25, 2015 Share Posted May 25, 2015 I remember when the laws started to tighten up: maybe 40 or so years ago. I asked someone why it took until the 70s to do it. He said, "How many state senators and reps do you suppose have a couple for the road before they head home for the weekend? Don't you think when an accident like that occurred they say to themselves, There but for the grace of God go I?" In my last home town, a fellow looked into the record of a drunk driver who had hit and permanently disabled his brother. The drunk had numerous arrests for drunk driving and driving without a license. I suppose you can prohibit him from registering a car, but not his wife, or brother, or child. You can't stop him from getting in the car and turning the key. *sigh* Although my husband was an alcoholic, I'm not a true believer in the "disease" theory. I think the analogy is useful to family, so they don't blame themselves for the drinking or think they can somehow control it, or cure the alcoholic. Actually, my husband *did not* have a key to my car. In your state, are you allowed to file a civil suit against the driver? Link to comment Share on other sites More sharing options...
linda5 Posted May 25, 2015 Share Posted May 25, 2015 SVS, so happy to hear that your wrist is healing. It's not right or fair that he gets off so easily. I really don't understand why our laws are so lenient for drunk driving. Prayers being said for continued healing for you and your daughter. Link to comment Share on other sites More sharing options...
serpico Posted May 25, 2015 Share Posted May 25, 2015 In your state, are you allowed to file a civil suit against the driver? This was my first thought as well. A civil court is is likely the best place to actually punish this dude. Link to comment Share on other sites More sharing options...
BrokenHeart2 Posted May 25, 2015 Share Posted May 25, 2015 Glad to hear you are healing well. As for that idiot drunk driver, try to find solace in what goes around comes around. You may never know but it will. Hugs to you SVS Link to comment Share on other sites More sharing options...
Trying Posted May 25, 2015 Share Posted May 25, 2015 I'm so happy to hear you are healing well and echo what the others have said about how appalling it is that his punishment wasn't more severe. Link to comment Share on other sites More sharing options...
SoVerySad Posted May 26, 2015 Author Share Posted May 26, 2015 Thank you all for your replies. Kamcho, your post about calling the police is important. At the crash scene, a man walked up to us and said he felt terrible about us being hit. He told me the guy who hit us had been driving very erratically behind him for some time, before eventually passing him and subsequently hitting us. He said at a stop sign he had considered putting his car in park and going back to ask what his problem was. He didn't, because he was afraid the guy might have a gun. It would have been better had he called the police. In PA, as I understand it, we can choose to have tort coverage or not. I do and have hired an attorney. It seems the case will be against his liability coverage under his auto insurance. I also have under-insured motorist coverage through my own insurance. It has been a learning experience for me in how these coverages work in my state. When I bought the new van, I just kept everything the same as DH had it set up as he took care of that. If you are in a similar situation, I recommend you familiarize yourself with the coverage you have. Here in PA, your own car insurance pays your medical bills. My husband had chosen a lower benefit amount there, presumably because at the time we had great health insurance coverage through his work. Unfortunately, I no longer have that same great coverage, so I may well end up paying some of the medical bills (which hopefully my attorney can recoup for me). My attorney has been able to recommend some changes to my policy for better coverage. Nonesuch, the issue of those driving with suspended licenses is substantial. Many people do it and it is hard to police. There is currently a bill being proposed here in PA to require ignition breathalyzer interlocks after a first DUI offense. I think it would be a good idea, so I'll be lending my support in trying to get it passed. Thank you again. Link to comment Share on other sites More sharing options...
MissinGrizz Posted May 26, 2015 Share Posted May 26, 2015 Can you hit him with a civil suit? Link to comment Share on other sites More sharing options...
Lmsmdm Posted May 26, 2015 Share Posted May 26, 2015 So glad you are healing! Awful that the prick didn't get more!! Link to comment Share on other sites More sharing options...
Guest nonesuch Posted May 27, 2015 Share Posted May 27, 2015 It may vary state by state, but insurance aside...in my part of the country... There are advertisements every hour for attorneys who will take your personal injury case if you are not at fault.* Glad you are healing. * Actually, my boss was rear-ended in his new car (less than 100 miles on it) and the insurance companies dicked around about paying for a brand new car. yeah, they wanted to give him $10,000 of repairs. I was stunned, and told him so. When he didn't go after the other driver about any back injuries or what ever, I'd have thought they'd have been dancing in the streets while handing over a check for a new car. Boss is an honest guy, and didn't want to fake an injury to be made whole. But he knew a guy at one of those law firms, and finally contacted him and asked him to make a phone call. Lo and behold, a check for a new car was cut. Link to comment Share on other sites More sharing options...
calimom Posted May 27, 2015 Share Posted May 27, 2015 I'm glad to hear your physical injuries are healing, SVS, and I have a pretty good idea of the emotional toll that going to court cost you. The several times I had to appear for sentencing and for parole hearings for the man who killed my husband caused incredible stress and anxiety. Here in California, the maximum sentence for fatality DUI is 10 years, and I aim to see he serves it all. While I don't think of myself as a vindictive person (and I imagine you feel the same), people should be held accountable for their actions. Glad to hear MADD has been helpful to you. It's overall a good organization, I felt put off initially by the strident tone of our local chapter, but ultimate was helped by them and have participated in the Every 15 Minutes program a few times, and have appeared on panels of those convicted of DUI. It can be cathartic as well as hopeful in the idea that some might be deterred from ever driving drunk. Our laws in the US are arcane compared to other countries. We have among the highest incidents and lowest punishments, it's a travesty. Hopefully there will be civil recourse and fight your insurance company with every thing you've got. You're a strong woman, I can tell by reading your words. I was able to pull the UIM death benefit out of our coverage after a bit of a battle that went on for 9 months. Pregnancy and delivery was easier! But ultimately, they paid off, and truly, that's why we have insurance. Best to you for continued healing for you and your family. xoxo Link to comment Share on other sites More sharing options...
SoVerySad Posted May 27, 2015 Author Share Posted May 27, 2015 Nonesuch, I had replacement cost coverage, but it still didn't cover it all. It didn't fully pay to replace my car. They didn't consider the paperwork fees like title and tags transfer, etc. as coverable (couldn't get new car without them, of course), nor would they pay for the warranty I had (which was non-transferable). So I paid for those items out-of-pocket. Calimom, you were on my mind throughout this whole process. The ADA I met with kept harping about it being his first arrest. I finally told her it didn't matter if it was his 1st or 10th arrest - the harm to my family was the same regardless. She also repeatedly told me how lucky I was that no one was seriously injured. I do feel fortunate in that respect as the responders on the scene and those who've seen the demolished van say it is a miracle we all survived. But we need to have laws that address the potential for someone to be seriously harmed or killed, not react only if that worst of all outcomes actually occurs, such as in your situation. It is maddening that more people don't join in demanding stricter penalties. Anyone out on the roads is at risk. It doesn't matter the time of day or night. Maximum of 10 years? Terrible. I'm so sorry. Yes, for me it isn't so much a personally vindictive response, as it truly is wanting to try to help others avoid a similar or worse fate. Tight hugs... Link to comment Share on other sites More sharing options...
Bluebird Posted May 28, 2015 Share Posted May 28, 2015 Hi SVS, I'm deeply sorry to hear that the person who hit you and caused injury and trauma to you and your daughter did not receive a more appropriate sentence. I'm glad you have the type of insurance that may allow you to file a suit to seek restitution via another path. Addicted or not, people who drink to dangerous levels and harm other people should feel the impact of meaningful consequences. Take care, Bluebird Link to comment Share on other sites More sharing options...
canadiangirl Posted May 29, 2015 Share Posted May 29, 2015 Glad for this update and to hear you are healing, SVS. Link to comment Share on other sites More sharing options...
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