The family of a 14-year-old girl, who was killed in a hit-and-run accident in 2004, was awarded $2.9 million after filing a wrongful death lawsuit against the 21-year-old Philadelphia man who was driving the car that hit her. The owner of the car was also named as a defendant in the civil lawsuit.
At the time of the accident tests administered by the police indicated the driver was intoxicated. He was also driving with a license that was suspended. He pleaded guilty to the criminal charges of hit-and-run and DUI. However, because it was deemed that the accident would have occurred even if the person driving the car was sober the man was not also charged with DUI-related hit-and-run. According to an investigation conducted by the police, the driver was not speeding at the time of the crash. He is currently serving three to six years in prison.
Of the award, both defendants were responsible for $1.5 million in damages for the survival action as well as $697,749.92 for damages for wrongful death. Additionally, the driver must pay punitive damages totaling $600,000 and the car owner, $150,000.
The family of the girl who died indicated it was aware that it may be difficult to actually recover the award from the two defendants. The family's attorney said it plans to monitor the assets of the two men. While any money the family does receive will not bring the girl back, the knowledge that it is holding the responsible parties accountable likely helps.
Source: phillyburbs.com, "Girl's family awarded $2.9 million," Laurie Mason Schroeder, Aug. 31, 2011