Monday, June 11, 2012

Danger: Reckless Drivers

2 Fatal Crash Trials Highlight The Dangers of Driving

The Stollsteimer family was killed February 17, 2011.

UPDATE 18 June 2012: Monica Chavez was found NOT GUILTY by a 12 member jury on 5 counts of criminally negligent homicide and two counts of child abuse. This case was a  shocker for many observers and certainly the Stollsteimer family. However, as the judge indicated early on in the proceedings, this was a difficult case for the prosecution due to ambiguity and miscommunication between doctors and Chavez.

"We miss them," said David Stollsteimer of his lost relatives. "To the community at large... watch out for people, be selective, be smart, and take care of your families."

Victoria Barry was found guilty on charges of vehicular homicide, in addition to a DUI charge and one count of third-degree assault on another victim. Ms. Barry is free on bond until her sentencing date of Aug. 2.

DENVER METRO AREA - 2 separate 2011 crashes that caused fatalities are set for trial, and the details surrounding both of the two cases are haunting reminders of how dangerous the road, and specifically freeways and highways, can be for drivers.

Victoria Barry's May 2011 car accident is a clear display of recklessness and negligence, as she barreled down I-25 in the wrong direction near the midnight hour and slammed head first into a Nissan Altima driven by 31 year old Lilly Duncan. 

A police officer who witnessed the accident described it as one of the worst he'd seen in his career, as the engine was crushed into the passenger seating area. Duncan was killed by the crash instantly.

Another equally tragic crash occured February 17th, 2011, when Monica Chavez lost control of her Ford Expedition travelling as fast as 100 mph. The SUV collided with a raised median, flying into the air before landing on top of a pickup truck with the Stollsteimer family inside. All 5 family members were killed in the accident.

In contrast to Barry's crash, Chavez had no drugs or alcohol in her system. However, the accident is believed to be related to Chavez' health. In 2006, she was allegedly told not to drive by a doctor after having a "seizure like" episode. The cases hinges on this aspect; if her neglect to visit a neurologist is found to be criminally negligent, she will likely be convicted. The judge, however, has voiced his doubts on what he characterized as a "thin case."

While both drivers responsible for the crash have very different contextual backgrounds, there is a common denominator between both of these cases: the driver was displaying an act of negligence, whether it be due to an intoxicated state or a medical reason which calls for a person to refrain from driving.

These cases emphasize that even focused, sober drivers are at constant risk when driving due to the frequency of drivers taking the road who are impaired, distracted, or reckless.

If you are injured in a car accident, you need to talk to an attorney. If you are in the Denver area, call (303) 279-0221 for a free initial consultation.

Sources: "Fatal-Crash Trial set to Begin: Trial over 2011 wreck that killed five likely to focus on defendant's medical history" and "Jury Takes Over in Case of Woman Accused in Fatal DUI Crash in 2011" from The Denver Post, 11 June 2012

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