A man that was formerly a resident of West Virginia has been sentenced to 18 months of home confinement by the Berkeley County Circuit Court. The man was involved in a fatal car accident that took the life of another driver back in March 2010. The man was originally charged in May with felony driving under the influence causing death and failure to yield.
The driver told the police that he had several beers before operating his vehicle on the day of the accident. As he was traveling down US 11, he attempted to make a left hand turn. It was then that the collision occurred, killing the woman.
The man was offered a plea bargain due to several problems surrounding the original investigation of the accident. Under the plea agreement, the driver pleaded guilty to negligent homicide and driving under the influence earlier this year. The sentencing was delayed due to issues with the defendant's driver's license. In addition to 18 months of home confinement, the defendant will also be required to spend four consecutive weekends at the Eastern Regional Jail and pay fines.
Now that the former West Virginia man has entered into a plea bargain in connection with this fatal car accident, the family of the victim can offer proof of that conviction as evidence of liability in a wrongful death claim. His conviction can be offered as proof that he was negligent and that his actions caused the death of their loved one. Nothing will bring back their loved one, but if the family prevails in a wrongful death claim, they may achieve a sense of justice on her behalf as well as reimbursement for monetary damages sustained.
Source: The Journal, "Man sentenced for fatal DUI accident," Edward Marshall, Dec. 10, 2012