A man convicted of killing felony death by motor vehicle in a 2011 Winston-Salem crash has settled a lawsuit filed by the victim’s family. A second lawsuit the family has filed against the pub where the man had been drinking before the crash is scheduled to go forward.
The 24 year-old Yadkinville man was driving down a hill on Brookstown Avenue toward the park and did not stop where Brookstown dead-ends at West End Boulevard. He was driving between 90 mph to 100 mph, in a 25 mph zone. Also in the car was his 29 year old girlfriend. Neither of them was wearing seat belts.
Police reports said the car jumped over a steep embankment leading into the park and went airborne into Hanes Park, going the length of a football field. It flipped over and crashed through a tangle of trees and bushes before landing overturned near the park's track, landing on the opposite side of Peters Creek. The victim was transported to the hospital and later died.
In March 2012, the driver pled guilty and received a prison sentence of 24 months to 38 months in prison. He received an active sentence of four months in jail with a 38-month suspended sentence, during which he will be on supervised probation. He was also sentenced to 50 hours of community service and ordered to pay $500 in court fines and an $80 lab fee. He also is not allowed to drive for at least five years.
A judge recently approved a $50,000 settlement between the driver and the victim’s family.
The North Carolina Injury Lawyer Perspective:
The victim’s family filed a second lawsuit against the pub the driver had been drinking at prior to the crash. He had a blood alcohol level of 0.13. The legal limit for motorists is 0.08. Witnesses said the driver and his friend had been playing beer pong, a drinking game, at the pub.
There have been many cases where victims of drunk drivers have successfully sued drinking establishments for over-serving patrons who later cause accidents, often with tragic consequences. Our North Carolina personal injury law firm has represented many of those clients, including a $100,000 settlement for a client who was hit by a drunk driver while walking on a sidewalk.
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