According to recent news reports from Spokane Washington one child has experienced a concussion and three facial fractures from an accident that may have been the result of a drunken ATV driver. 33-year-old Ramon D. Noggles was operating an ATV around 8 p.m. on Monday Dec. 27 near the Freya and East Pratt intersection. He was pulling a sled with the ATV; two children were on the sled. As he came over the hill at approximately 35 miles per hour he swerved to miss hitting a Spokane police car. The tow rope broke causing the sled to strike the back of the police car then go underneath the car. A 10-year-old girl later identified as Noggles daughter and a 7-year-old boy were taken to an area hospital. The girl was treated and released but the boy suffered facial fractures and a concussion. The boy is Noggles neighbor and it was reported that the boys mother did not give permission for her son to be taken sledding. An 8-year-old girl and an 8-year-old boy were also riding on the back of the ATV at the time of the accident but did not suffer injury. Noggles was charged with DUI and two felony counts of vehicular assault. He was arrested and put into jail.
—
Its difficult to say that the children that experienced such a harrowing event were fortunate but they were fortunate in that nothing more severe occurred due to the alleged drunk driving of an adult. However a concussion and facial fractures can be severe enough especially when a child must endure such pain. Its my hope that that child makes a full and swift recovery so as not to bear the scars of someone elses suspected negligent behavior. When alcohol is involved in an accident Washington dram shop law may apply if a negligent alcohol-serving establishment contributed to the chain of events leading up to the accident. Regardless of such a possible connection an alleged drunk driver can still be held civilly liable for their actions in addition to any criminal charges they may be facing. Its also my hope that this alleged drunk driver has learned a lesson before his actions may contribute to something much more harmful or even deadly.
– Texas Personal Injury Attorney Michael Grossman