Drinking and driving can have deadly consequences. Unfortunately, despite well-known risks and strict penalties, some still choose to get behind the wheel under the influence of alcohol. As a result, DUIs remain a significant public health concern in Nebraska. According to the Nebraska Department of Transportation Highway Safety Office, alcohol-related crashes are responsible for about one-third of fatal crashes each year, resulting in the deaths of dozens of people.
Drunk driving endangers everyone on the road—and when it leads to crashes, injuries, and deaths, the intoxicated driver can face criminal charges and civil liability for damages. This scenario happened in a Nebraska wrongful death case the Law Office of Matthew A. Lathrop handled for a client after a drunk driver killed her son. Read on to learn how we uncovered crucial evidence and overcame distance, deception, and insurance delays to help our client get the justice and damages she deserved.
The Accident
A 26-year-old man drove home from work early one morning. As he passed through a busy intersection, another motorist ran a red light, barreling through the intersection and into the young man’s vehicle. The young man was instantly killed in the collision, and first responders pronounced the 26-year-old dead at the scene. With the only witness deceased, the surviving driver falsely told the police that the victim was the one who ran the red light.
The decedent was a single man with no dependents. His mother, who lived in Florida, hired a local Omaha lawyer to convince the insurance company to settle the claim for policy limits. She became our client when the original attorney made an offer to settle for the policy limits, but the insurance company refused. The other lawyer contacted us for help on the case.
The Investigation
The fatal crash occurred at a busy intersection in an area surrounded by businesses. We were confident that at least one of these businesses must use video surveillance, so we contacted them. Our team’s hunch and hard work paid off, and we found a business that not only had cameras but had captured video of the crash, including the color of the traffic lights.
With this crucial evidence in hand, we began negotiating with the drunk driver’s insurance company, sending them a demand for policy limits. However, the insurer refused to settle, insinuating that there must be more to the story since the district attorney charged their insured with DUI rather than the more serious crime of motor vehicle homicide.
The Resolution
Our team had evidence that the drunk driver who killed our client’s son tested two times over the legal limit for alcohol intoxication at the scene of the crash. We sent this evidence to the insurance company, along with a letter demanding a settlement four times the policy limits. Citing Nebraska case law that requires insurers who decline to settle a claim within policy limits to pay larger amounts if awarded at trial, Matt argued that they’d had an opportunity to settle for policy limits but didn’t take it. We advised we would be trying the case, and pursuing a bad faith claim if the verdict was greater than the policy limits offer – we were sure it would be. After 30 days, the insurance company relented, agreeing to pay our client four times the limits of their customer’s policy.
The Law Office of Matthew A. Lathrop is proud of the work we did for our client in this heartbreaking case. Though no wrongful death settlement could make up for losing a son, we find that a settlement can give grieving family members a much-needed sense of justice and closure. Our team is pleased that we were able to provide steadfast representation, step-by-step guidance, and peace of mind to help our client through the legal process. We even facilitated video conferences and Zoom hearings, allowing her to participate in litigation despite residing in Florida.
We Can Help You Fight for Justice and Compensation After a Loved One’s Wrongful Death
If someone you loved died in a crash that wasn’t their fault, the Law Office of Matthew A. Lathrop can help you understand your rights, explore all potential avenues for compensation, and successfully navigate complex civil litigation.
Contact our Nebraska wrongful death lawyer today to request a free, no-obligation consultation to discover how our experienced team can assist you during this difficult time.
