For what seems like the umpteenth time this month, yet another drunk driver caused yet another serious injury accident in the St. Joseph area. Reportedly, Cheryl Fisher of Niles was driving under the influence of alcohol, when she plowed her three thousand pound SUV into a motorcycle driven by Thomas Gauthier, 59, of Buchanan. Riding along with Mr. Gauthier was Deanna Adams, 45, also of Buchanan.
Both motorcycle riders were seriously injured. Adams suffered a severe head injury. Gauthier sustained a compound fracture of the leg. First responders rushed both accident victims to the intensive care unit of a local hospital.
According to witnesses, Ms. Fisher stopped briefly after collision. Rather than rendering aid as required by law, however, she allegedly fled the scene. That is an important fact because, at trial, the Judge will instruct the Jury that it may consider flight as evidence of a guilty mind.
Berrien County Deputy Sheriffs immediately launched a manhunt for Fisher. They finally tracked her down, four miles away, sitting in her SUV, parked in a driveway. Upon determining that she had alcohol in her system, the Deputies arrested the culprit and transported her to the jail in St. Joseph.
Now begin two lengthy, uphill journeys. One for Fisher, through the criminal justice system. The other for the accident victims, through the jungle of red tape that is the automobile no-fault insurance process, the medical treatment, the grueling months of physical therapy, the wage loss, the medical technicians and their devices - and perhaps even a law suit for money damages.
It is not known whether the negligent driver carried insurance. One thing that is certain, however, is that debts arising out of a drunk driving accident cannot be discharged in Chapter 7 Bankruptcy. So, the accident victims are protected - at least to some degree. And at that juncture, the skills of a seasoned personal injury lawyer become indispensable. That is because, in a serious injury case like this, where the victims will be incapacitated for an extended period of time, identifying all potentially liable parties and all potential sources of insurance coverage is critical - if for no other reason than to avoid a financial disaster, as well.
Last year alone, drunk drivers throughout the US killed over 13,000 and maimed nearly a quarter of a million. The statistics are sobering - unfortunately, not sobering enough for the drunk driver in this case.
Charges In Drunken Hit And Run, WSJM Radio News, October, 9, 2010
