Metrick Lawan, the driver of the car that crashed on September 21st 2009 killing passenger Heaven Chumos, has been charged with two counts of serious injury by vehicle, OWI, and the most serious charge of homicide by vehicle. He arrived at the Polk County Jail Monday after spending the last week in the hospital recovering from his own injuries related to the crash, his bond has been set at $76,000. Investigators had previously said that they found no skid marks indicating that Mr. Jenkins did not try to brake to avoid crashing.
The report indicates the driver had just hours before the crash, lost his driver’s license.
Many people will think the passengers’ claims for personal injury damages are a foregone conclusion, but that couldn’t be farther from the truth. It all depends on the amount of insurance coverage available along with their complicity in any drinking that may have taken place. You can’t buy the driver drinks, sit there with him drinking all night, then get in the car with him and expect to be compensated. The law of complicity is involved with ferreting out the comparative fault. It’s about assumption of known risks. And everyone knows a drunken driver is a high risk.
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So in Iowa the passenger is as culpable as the drunk driver? Does that change if there is a death? In Minnesota we still have some protections for each and especially innocent family members when there was an illegal sale. It is illegal in Minnesota to serve a drunk.
The passengers' dependent family members can recover, but complicity can eliminate their ability to recover. It's a sticky wicket that requires a careful review of the evidence. It is illegal in Iowa to serve a drunk, but only in the sense that a dram shop serving while or to the point of intoxication is liable civily for damages to those the drunk injures. If that makes sense.
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