A Brooklyn woman faces multiple charges after she allegedly drove drunk with four children in her car and crashed into a garbage truck in Queens.
36-year-old Rishma Sookdial, of East New York, had four children in her car – ages 18 months, 10, 11 and 15 – when she smashed into a garbage truck at a high rate of speed. All four were rushed to an area hospital with various injuries; the 11-year-old suffered a shattered leg, but doctors are optimistic that the child will walk again. Police state that Ms. Sookdial had an odor of alcohol on her breath, slurred speech, and other telltale signs of intoxication.
In addition to an enhanced DUI, authorities charged her with four counts of child endangerment.
Elements in a Negligence Case
In the first element of a negligence case, the plaintiff must prove that the defendant owed a legal duty. Typically, in car crash cases, this duty is one of reasonable care. Then, the plaintiff has the burden of proof to show that the defendant breached the duty by not driving reasonably carefully. In other words, as my grandfather used to say, drivers must always look out for “th’ other fella.”
Some typical breaches of duty in a car crash case include:
- Substance: A substantial number of driver who cause crashes are impaired by alcohol, illegal drugs, prescription drugs, or some other substance. This impairment often limits motor skills, judgement, the ability to multitask, the natural sense of risk, and other mental and physical abilities needed to drive.
- Speed: Excessive speed reduces reaction time and increases the amount of force in the collision. Bear in mind that, even if the vehicle was not exceeding the speed limit, velocity may still be a factor in adverse road or weather conditions.
- Mechanical Failure: Here, the duty involves an owner’s responsibility to help ensure that the vehicle is in good condition, and the tires are not bald or the windshield wipers are fully functional.
- Fatigue: There is substantial evidence that drowsy driving is every bit as hazardous as drunk driving.
- Distracted Driving: This category includes any activity that takes a driver’s hands off the wheel, eyes off the road, or mind off of driving. Even a momentary distraction often leads to tragedy.
If you were injured due to someone else’s negligence, contact us today to get maximum compensation for your damages. Home and hospital appointments are available.
