A man facing criminal charges for the manslaughter of a couple is also facing a wrongful death lawsuit, according to the Connecticut Post. A lawyer representing the family of the victims has stated that along with the man's insurance company, he is considering naming the Department of Motor Vehicles as a defendant as the department has been licensing the man without ever checking his driving record that is strewn with accidents.
The day after a February blizzard J.D. II, 31, drove into pedestrians, K.T., 53, and B.T., 51, and they succumbed to their injuries within days. The couple's 21 year-old daughter was injured. Prior to that J.D. II hit a bicyclist in 2001 and a pedestrian in 2007. His driving record also included another accident and many arrests.
New Haven-based attorney Russell Green, representing the family, said that the DMV had been renewing J.D. II's license without reviewing his driving record.
Green said, "Certainly, he has a very troubling driving history, and this is one of the avenues that we are exploring. Bringing claims against the state successfully is very difficult, but there was no attempt at driver retraining or anything like that. And all of these incidents took place in Connecticut, so it's not like the state can claim that they didn't know about these issues. He just paid his fee and got his license renewed."
DMV spokesman Bill Seymour told reporters that the department renews licenses every six years after collecting a $66 fee each time. The DMV only checks to see if a renewing driver has a suspended license.
Seymour explained, "Unless your license is suspended, there's no connection between your driving record and your license."
J.D. II was driving with a valid license at the time of the accident. His license has since been suspended and his vehicle has been impounded.
He is currently facing two counts of second-degree manslaughter and one count of reckless driving. His bail was set at $25,000.
On February 11, as K.T. and B.T. walked on Bridgeport Avenue with their two daughters, J.D. II struck them. Witnesses said that J.D. II was speeding and had passed two other cars before the crash.
Most people traveled on foot that day in up to three feet of snow; dozens took Bridgeport Avenue, as the roads were not yet all open for vehicles and Bridgeport had been cleared.
J.D. II allegedly has had several encounters with law enforcement since 1998 – the same year he had fallen off the hood of a vehicle and suffered a traumatic brain injury.
J.D. II's insurance company, Main Street America Group, is thought to provide him with up to $100,000 in liability coverage. The minimum motorists must have is $40,000 for accidents that end in the death or injury to more than one person.
Though J.D. II most likely lacks enough solid assets, Green is suing him for $25,000 in damages and has filed a "prejudgment remedy" in court. The prejudgment remedy succinctly prevents J.D. II from liquidating any of his assets, or hiding his wealth, from the court while the case is proceeding.
A wrongful death scenario is sometimes coupled with criminal charges. If this is the case for you, you still need to contact a personal injury lawyer right away to decide the best course of action.