Local reports indicate four children were injured in a vehicle with their suspected drunk driving father in West Nyack New York. The accident happened Sunday afternoon September 25 when Matthew Ouseph was arrested on suspicion of drunk driving after crashing his vehicle into a tree. His four children ages 7 9 10 and 12 were taken to Nyack Hospital with what were thought to be non-life threatening injuries.
Approximate Site of the Accident
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Commentary
Drinking and driving is inexcusable enough but to do it with children in the car takes it to another level. I hope the children all experience full recoveries from their injuries. Many states including New York and Texas have added punishments for drivers who are found to be operating under the influence with children in the car. A third party investigation is needed to corroborate the police reports and determine liability. If the man was indeed found to be drinking and driving before the accident occurred he could face fault in personal injury claims presumably brought by the childrens mother. I understand this is a delicate familial situation but so is endangering children.
For a personal injury claim to commence a party must be able to show that a defendant breached their duty to provide a reasonably safe environment for their passengers or other vehicles on the roadway. Typically the law sees driving under the influence as a reckless act that usually breaches a persons duty to safety. From there a damages determination must be made in other words quantifying the injuries as a result of the accident. This usually comes from medical bills and rehabilitation incurred.
This is a tough situation to discuss but the fact of the matter is it happened and there are remedies available should an eligible claimant seek them.
Texas Personal Injury Attorney Michael Grossman
