From: hilary.miller@execnet.com (hilary miller)
Newsgroups: misc.legal
Subject: liability questions i
Date: 9 Apr 92 03:48:12 GMT
Reply-To: "hilary miller" <hilary.miller@execnet.com>
Distribution: misc
Organization: Executive Networks Information


Nancy Feagans, in a message to All on 04-07-92 at 6:08pm, said:

NF/3Last January, my brother's ex-wife was involved in an automobile accident
   3(her fault) that resulted in the death of the other motorist.  To make a
   3long story short, she turned left in front of oncoming traffic and a
   3motorcyclist coming the other way struck her vehicle and was killed. The
   3only witnesses were my niece and nephew, ages 16 and 11, who were in the
   3car with her.
   3Now, this gets complicated because after the divorce was final (a month p
   3to the accident) she had never bothered to (1), obtain automobile insuran
   3in her own name and was thus uninsured, and (2) had also never bothered t
   3reregister the car - hers per the property settlement agreement - in her
   3name.
   3She was not, howver, drinking (she doesn't drink), although the motorcycl
   3BAC was .09.  As my brother understands it, to date she has not been char
   3with anything - not even a traffic citation, and has not had to give up h
   3Driver's Licence.  She has received a letter from the family of the decea
   3stating the possibility of at least partial responsibility for the accide
   3and requesting information regarding my brother.
   3Now, questions:  how long before she will be charged (if at all)? is he a
   3all responsible for any sort of retribution to the family?  He has scant
   3assets after the divorce settlement, whereas she came out with all of the
   3equity from the sale of ther house - about $30k (which she sent to a rela
   3out of state to "protect it").  He has only a 25% share of his business, 
   3about $20k.  Upon finalization of the Property Settlement Agreement, his
   3attorney did not instruct him to notify DMV to remove his name as registe
   3and legal owner of the car.  Can the attorney be liable for this omission
   3her client?
   TMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM>

               All of these matters are question of state law in
               the state in which the accident occurred, which
               you have not identified.  In *general*, it is not
               a crime to have an auto accident, so she may never
               be "charged."  Conversely, if the police determine
               to intervene, the crimes of criminally negligent
               homicide and manslaughter are both chargeable in
               certain jurisdictions (like New York).  She (and
               your brother) may, however, be subjected to a civ-
               il suit for, among other things, wrongful death. 
               At least one defense to such a suit would be the
               comparative negligence of the deceased, if the
               jurisdiction where the accident occurred is a com-
               parative negligence state (most are).  Whether
               your brother, as the registered owner of the vehi-
               cle, is liable is purely a question of state law. 
               In *general*, an owner is vicariously liable for
               the tortious acts of another who is driving the
               car with his consent.  Registration is prima facie
               evidence of ownership, but it is not irrebutable
               in many jurisdictions.  When and if a lawsuit is
               commenced, it is critical that the parties be rep-
               resented by competent counsel.  If you need a re-
               ferral, leave me a post or email.


   L A
 I    R        Hilary B. Miller of Greenwich, Connecticut
  H/\Y         CIS: 76040,1743
   s r
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