Drunk Driver Crashes into a Home, Causing the Death of 71-Year-Old Woman
On a fateful night in August 2016, Bobbie Ann Lafollette, 71, sat on her condo’s living room sofa in River Plantation, TN. Suddenly, Michael Harris, 28, crashed his car into Lafollette’s home, killing her instantly. Harris ran from the scene, leaving his car lodged inside the woman’s home. Police eventually caught up with Harris, who was covered in drywall dust and blood at the time. He smelled of alcohol and police found an empty beer on the floor of his vehicle.
Harris was sentenced to 15 years in prison after accepting a plea deal. He pled guilty to vehicular homicide. Prior to the accident, Harris had been arrested for three other instances of driving under the influence, plus a charge for public intoxication. He had been involved in other car crashes, one involving property damage and the other with injuries.
A driver with a record like that should have never been on the road.
Wrongful death caused by drunk drivers
Driving while intoxicated is more than just dangerous, it’s deadly. In 2015, 10,076 people were killed in drunk driving crashes, according to the National Highway Traffic Safety Administration.
Families of these victims can obtain justice on behalf of their lost loved ones in civil court. A wrongful death is defined as a death caused by “injuries received from another” or by “the wrongful act, omission, or killing by another.” Since the deceased is unable to bring forth a legal action, the surviving relatives can on his or her behalf.
Under the law, only certain family members can file a wrongful death claim. The initial right to file goes to the surviving spouse. If there is no spouse, the deceased’s children or next of kin can file. After that, a personal representative of the deceased’s estate can file, or the surviving parents, if the descendant was dependent on his or her parents.
If the claim is successful, the family may be entitled to compensation. This money is intended to reimburse damages inflicted on the deceased, including medical expenses, funeral costs, lost wages/earning capacity, pain and suffering, and loss of enjoyment of life. The non-economic damages, such as pain and suffering, are calculated from the time of the injury and time of death.
In a case of a drunk driver, it might seem “easy” to prove the driver negligently caused your loved one’s death, but the law is complicated. Let one of our Nashville car crash attorneys review your case and fight on your behalf to hold the reckless driver responsible.
From our offices in Nashville, Gallatin, and Knoxville, the Gladiators in Suits at the Rocky McElhaney Law Firm work diligently to pursue justice for injury victims. We work hard so you can focus on healing from your devastating loss. To schedule a free consultation with one of our Nashville car crash lawyers, call 615-425-2500 or fill out our contact form.
Nashville personal injury attorney Rocky McElhaney is a well-known and respected lawyer as well as published author, helping Tennesseans through difficult times since the turn of the century. Rocky builds friendships with his clients, not just professional relationships. Rocky McElhaney is a Super Lawyer, AV Rated by Martindale Hubbell, has been named a Top 100 Trial Lawyer by the National Trial Lawyers Association and has been awarded Best Lawyer in Nashville by the Nashville Scene Readers’ Poll
The Rocky McElhaney Law Firm represents people who have been injured by car accidents, truck accidents, motorcycle accidents, negligent premises owners, defective products and many other forms of negligence throughout the state of Tennessee. The firm also represents clients in the areas of workers’ compensation and Social Security Disability claims.