Erie County – After a car accident on the morning of December 20 killed a 13-year-old and injured another teen, questions were raised whether or not the driver would be charged with any crimes. Those questions were answered today when Tyler J. Festa, 19, was arraigned by video by Corry District Judge Brenda Nichols at 8:40 a.m.

Festa was charged with homicide by vehicle after he reportedly ran a stop sign and hit 2 students while they boarded a bus on Perry Highway. State police also charged Festa with involuntary manslaughter, simple assault, recklessly endangering another person, duty of driver/amber lights flashing, careless driving-unintentional death and reckless driving.

As we reported in an earlier blog there were also questions as to whether or not Festa was texting or talking on the cell phone when the accident happened. State Police have not released information regarding those questions. Although the no-texting litigation passed in Pennsylvania, it will not be enforced until early March. Regardless of the reason why, what we know is that a careless driver took a life that cannot be replaced.

In this case the family of the deceased teen has cause to bring a wrongful death claim against the driver's insurance company. The injured teen will also be able to bring a claim against the driver's insurance for his injuries. Lawsuits cannot turn back the hands of time but they can create awareness and help punish those who were negligent. We can only hope that the criminal charges along with any civil claims against this driver will alert others to the dangers of distracted and reckless driving.

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