Difficult Legal Issues in Taconic Crash That Killed Eight

October 15, 2009

As is often the case, a complex tragedy -- the Taconic State Parkway crash in July -- raises a number of difficult legal issues for survivors and family members of those who died or were injured.

October 15, 2009 /24-7PressRelease/ -- Difficult Legal Issues in Taconic Crash That Killed Eight

Article provided by Foley, Griffin, Jacobson & Faria, LLP Attorneys At Law
Visit us at http://www.foleygriffin.com

According to authorities, the crash that killed eight people on the Taconic State Parkway in July was a preventable tragedy. Among the dead in the Westchester County, New York, accident caused by a drunk driver were four children.

As is often the case, a complex tragedy raises a number of difficult legal issues for survivors and family members of those who died or were injured.

In this highway disaster, autopsy results show driver Diane Schuler had more than twice the legal limit of alcohol, as well as a substantial amount of marijuana in her system as she drove her minivan the wrong way on Taconic Parkway before slamming into one SUV and careening into another.

The crashes killed Schuler, her two-year-old daughter, three nieces and three occupants of the SUV Schuler's Ford Windstar hit head on. It also caused extensive injuries to Schuler's son and minor injuries to occupants of the second SUV hit by the minivan.

With Schuler deceased, who bears civil liability for the damages to the lives and property of others? Garden City lawyer Thomas Foley told Newsday that Schuler's driver's insurance provider "would be the most likely payer." Since Schuler was driving her brother's vehicle, his insurance company could share some of the liability, Foley said.

Victims and survivors could also seek a judgment against the driver's assets not shared by her husband. In this case, the couple's joint assets went to her husband upon her death. Foley said it's unlikely that those assets would be taken in a legal action against her estate.

Other lawyers interviewed by Newsday were split on the issue of whether Schuler's husband or brother could be held financially responsible if they knew of Schuler's state of intoxication when she got behind the wheel.

Schuler had a blood alcohol level of 0.19, according to the autopsy, as well as significant amounts of the active ingredient in marijuana in her system at the time of death. It is illegal to drive in New York with a blood alcohol level of 0.08 or above.

Article provided by Foley, Griffin, Jacobson & Faria, LLP Attorneys At Law
Visit us at http://www.foleygriffin.com

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