Phoenix Horizon High School graduate Joseph Smith’s are lobbying for a new bill in the Senate. The bill, titled “Joe’s Law,” would require that a driver be tested for drugs or alcohol after causing a traffic accident resulting in death or serious physical injury. Smith was killed in a crash on Interstate 10 on June 17 when a semi-truck driver crashed into two stopped vehicles.
Two Grief-Stricken Parents Lobby for “Joe’s Law”
Senate Bill 1054, titled “Joe’s Law,” would require that a driver be tested for drugs or alcohol after causing a traffic accident resulting in death or serious physical injury. Current Arizona law does not require this. “If this bill passes, ‘Joe’s Law’ would help ensure that families who endure a tragedy like ours won’t have the added stress of forever wondering and never knowing if there were more factors that caused the crash,” wrote Joe’s mother, Tana Smith, on Facebook.
A minor accident on June 17 left debris scattered across Interstate 10 and cause traffic to come to a stop. It was then that a semi-truck driver failed to notice the spotlights on the highway ahead of him, causing him to crash into two stopped vehicles.
One of those cars was Joe Smith and three of his best friends. The group was returning home from a trip to see Major League Baseball games in California. The three friends survived.
In the second vehicle that was hit, 74-year-old Sun City resident Joseph Garcia was killed. His wife, Mary Lou, is paralyzed from the waist down as a result of the crash.
DPS Records
Department of Public Safety records shows that the trooper on the scene thought the 42-year-old semi-truck driver “seemed lethargic and tired” after the accident. When the DPS trooper asked if the driver was tired, the driver replied “yes.” But the trooper, who was not required to by law, did not test the driver for drugs or alcohol.
The bill’s prime sponsor is Sen. Judy Burges and the co-sponsors are Sen. Sylvia Allen, Sen. David Farnsworth, Sen. Steve Montenegro and Sen. Frank Pratt.
“We are hoping for hundreds of supporters,” Tana Smith said. She expects the bill to pass because it’s “feel-good legislation.”
“I assumed that that’s what the law was, and since it’s not, it needs to change,” Tana told The Arizona Republic last October. “I’ll do whatever I can do to change this because this is something that can affect anybody at any time.”
Two Forms of Wrongful Death Claim
There are two forms a wrongful death claim can take: negligence, or intention. This means either the victim died as the result of a negligent act of the defendant. Or the victim died as the result of the defendant’s intentions to kill the victim. Some examples of negligence include: victim’s death as a result of medical malpractice or the victim dies as the result of a faulty engine in the car the victim was riding in. An example of intention is when the defendant is believed to have murdered the victim on purpose.
Proving a Wrongful Death Claim
For the defendant to be declared liable in a wrongful death claim, the claim brought must meet the same burden of proof that the victim would have had to meet if the victim was alive. In the case of a negligence trial, plaintiffs must show the defendant owed a duty of care to the victim, that the defendant breached this duty of care, and that the breach of this duty directly caused the death of the victim.
Bringing a Wrongful Death Claim
Often the deceased person’s surviving relatives, dependents or beneficiaries bring the wrongful death suit against the responsible party or parties, seeking monetary damages for their loss. Often times the jurisdiction determines the individuals who are able to bring the claim. Generally, the primary beneficiaries (often the spouse and children, or parents) are able to bring a claim. While in some states parents of the deceased person may be also designated as beneficiaries. But, in most states, if the deceased person did not leave behind a husband or wife, any children or parents, there may be no one who will be able to bring a wrongful death claim.
In order to legally recover damages in a wrongful death action, there are some general requirements that must be met. They are as follows: (1) The death must have been caused by another’s negligence, i.e., it must be shown that the negligent person was at fault for the death; (2) if the deceased was alive, he or she would have been entitled to recover damages from the at-fault party; and (3) the party or beneficiaries must meet the legal requirements to be allowed recovery of damages in the Wrongful Death action.
Wrongful death laws vary from state to state
Not every state follows the same guidelines, principles, or rules. And each state has its own set laws regarding wrongful death. A personal injury attorney can help advise you on if your wrongful death claim is valid and can help you are you pursue a claim against the responsible party or parties.
“True” versus “Survival Actions”
Some states have “true” wrongful death acts. This is when the deceased person’s survivors or next of kin are able to bring a cause of action for their damages inflicted as a result of their family member’s death. Other states have acts called “survival actions.” This form of lawsuit is brought by the survivors on behalf of the deceased person. This cause of action is for the deceased person’s pain and suffering that resulted from the injuries that caused his or her death.
In many jurisdictions, when the defendant’s negligence contributes only in part or in tandem with other circumstances to a person’s death, and not just the sole cause, liability may still be attached to the defendant.
Arizona’s Wrongful Death statute outlines exactly what a party or beneficially is entitled to receive in the case of a wrongful death case. A wrongful death can be claimed when a person dies as a result of the legal fault of another person.
Jury Rulings on Wrongful Death Cases
A jury ruling on a wrongful death case is typically instructed to award damages to beneficiaries as it deems fair and just. And generally, a beneficiary will recover a monetary award. The amount recovered by a wrongful death is not subject to any debts or liabilities of the deceased unless the action has been brought on behalf of the deceased’s estate.
Types of Damages
Various types of damages can be recovered in a wrongful death claim. What you file for will be dependent on the circumstances of the case. Here is a list of damages you can claim:
- Punitive Damages
- Loss of love, affection, companionship, care, protection, and guidance since the death and in the future.
- Pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced, and reasonably probable to be experienced in the future.
- Income and services that have been lost as a result of the death, and that is reasonably probable to be experienced in the future.
- Reasonable expenses of funeral and burial.
- Reasonable expenses of necessary medical care and services for the injury that resulted in the death.
Recovering Legal Damages
In order to legally recover damages in a wrongful death action, there are some general requirements that must be met. They are as follows: (1) The death must have been caused by another’s negligence, i.e., it must be shown that the negligent person was at fault for the death; (2) if the deceased was alive, he or she would have been entitled to recover damages from the at-fault party; and (3) the party or beneficiaries must meet the legal requirements to be allowed recovery of damages in the Wrongful Death action.
