In February of 2011, Washington state resident Alexander Peder pled guilty to vehicular homicide. Last year he crashed into another vehicle while having a .16 Blood Alcohol Content (BAC). The legal limit for driving is a BAC of .08. Peder, the president of an electronics firm, had a half-empty bottle of vodka in the passenger seat when the accident occurred.
The other vehicle, a stalled 1986 Honda Civic, contained three teenagers. The teens were returning from a trampoline gym when the car stalled in the center lane. They had put on their emergency lights. Derek King (18) was killed at the scene, and Nicholas Hodgins (18) died a short time later. The third teen was hospitalized with injuries. At the time of the accident, the teens were three days away from graduating from high school.
Peder had originally pled not guilty after the accident in June. He had two previous DUI convictions. He faces up to 102 months in jail.
Washington's Uncommon Wrongful Death Statute Prevents a Claim from Parents
In most other states, Peder would also be liable for a civil suit. This means the two teens' parents could sue Peder to get compensation for the loss of their children. In Washington, there is a two-tiered class of persons who can bring a wrongful death suit:
- Primary beneficiaries, who are the decedent's spouse and children and can automatically bring a wrongful death suit
- Secondary beneficiaries, who are parents and siblings of the decedent, and can only bring a suit if there are no primary beneficiaries and they were dependent on the decedent for support.
Washington's child death statute allows parents to automatically bring suit for minor children. Washington's age of adulthood is 18. Most other states recognize that a parent-child relationship lasts past the time a child turns 18.
Peder narrowly avoided civil liability in this case. However, if someone you love has been killed in a car accident, you may be able to obtain compensation for medical expenses, loss of love and companionship and destruction of the parent-child relationship. Speak with an experienced personal injury attorney to discuss your rights.
