Wrongful Death Lawsuits

Recording artist Brandy got into a driving accident on December 30 when her Land Rover struck the back of a Honda driven by Awatef Aboudihaj. According to the California Highway Patrol (CHP), after the initial hit, Aboudihaj's car hit another vehicle, slid sideways into the center divider and was then hit by another car. She later died at a hospital from blunt-force injuries, according to the coroner's office.

The CHP concluded that Brandy be charged with misdemeanor vehicular manslaughter without gross negligence. It would appear that she failed to prevent her Land Rover from hitting the car in front of her when traffic suddenly slowed.

A day after the police released their recommendation, the parents of Awatef Aboudihaj filed a wrongful death lawsuit seeking $50 million dollars in compensatory and punitive damages. The three-page form compliant stated that her death was caused by "reckless driving" by Brandy.

Now, what does "reckless driving" mean? According to law.com, it is operating an automobile in a dangerous manner which can include speeding, driving after drinking, cutting in and out of traffic, failing to yield, or any other negligent acts.

According to police reports, they have ruled out alcohol and drugs as factors in the crash and say there was no evidence that Brandy was using a cell phone or was otherwise distracted. She was alone in the car. It is very likely that her reaction skills did not performed quickly enough when the traffic immediately slowed down. This usually happens when there is a glut ahead when two major roads are merging, or some car way ahead decided to hit the brakes to screw th driver behind him. She was also driving at the posted speed of 65 mph when the accident occurred. In any case, it is difficult to justify her actions as "reckless driving."

So far, the Los Angeles City Attorney's office is currently reviewing the CHP's recommendation. The misdemeanour offense carries a maximum penalty of one year in jail and a $1,000 dollar fine.

Yet, this news is what probably led to the wrongful death lawsuit. Strange enough, there was no definition found in wikipedia. Not to worry, many law firms have a section devoted to wrongful death lawsuits. On this particular injury law firm web site, a wrongful death is a claim in tort against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives. Under such a lawsuit, the defendant has fewer due process and Constitutional protections such as immunity or the right to refuse to give testimony. The standard or proof is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt.

The web page goes on to suggest that it is easier for a family to seek retribution against someone for wrongful death in tort than a proper criminal law conviction. It also includes that on a technical matter, a wrongful death claim is not a tort claim. In most, if not all states in the United States, there was no common law right to recover civil damages for the wrongful death of a person. Of course, today is a different story. All states have enacted such statutes to correct this "deficiency" in the law so there is a right to such recovery.

I am sure everyone is wondering if the family knew about Brandy and her celebrity status. Of course, the family's lawyer, Lotfy Mrich, denies claims that from Project Islamic HOPE that Brandy is being used as a “political trophy” and being “unfairly” targeted “for prosecution because of her celebrity".

City attorney Rocky Delgadillo also criticised the claims in a news conference, insisting: "We will treat this case like every other case and treat it very seriously because someone has died. We look at cases without regard to anyone's status, whether it's an average Joe or someone more prominent."

Is $50 million fair? It looks to be Brandy's first-time offense and it would seem that the circumstances and evidence presented would suggest that in a criminal case, she will do alright. Of course, in a civil action, the sky's the limit.

Just imagine if Brandy was seriously hurt or also killed (just a hypothesis). Would the family go after her family in seeking compensation? I could also throw out more if's. If Brandy's vehicle was registered under her father or mother, they can file a lawsuit suggesting that her reckless driving is caused by the teachings and actions of her parents. I know it's ridiculous, but I would assume that any injury lawyers would try to think that way. Their ideal job is to maximise recovery for the victims.