In car accidents, it should be clear that distracted driving is a form of negligence; drunk diving is a form of negligence; speeding or otherwise driving erratically is a form of recklessness; and failure to yield or stop is negligent. But is falling asleep behind the wheel and crashing into someone else considered negligence? If you can prove that the driver could have prevented the accident, then the answer is yes.
When a young person's life is lost because of another party's negligent or reckless behavior, the victim's family, friends and community are left searching for answers in a world that seems to have none. While criminal charges are the most common way for grieving families in Montana to see justice done, a civil claim of wrongful death can provide the additional assurance that financial damages are covered after a tragedy.
A 16-year-old boy and his friend were walking along an unlit road in unincorporated Lockwood when a 71-year-old man in a pickup truck approached them from behind. The truck hit the teen who was nearest to the road. He later died of his injuries.