ATV Accident Causes Wrongful Death
On the evening of July 21, 2012, a 22-year-old woman, Kayla Breann Lilley, was killed in an ATV accident in Cameron, West Virginia. The accident happened while she was riding on the back of an all-terrain vehicle that was being driven by 23-year old Casey Hill, near the community of Adaline. 911 dispatchers received a call around 6:30 p.m., and were told that a serious accident involving a male and female rider had taken place. Upon arrival, Chief Deputy Kevin Cecil found that the "ATV had rolled over several times, going about 30 feet over an embankment," and had subsequently pinned the female victim underneath the heavy vehicle.
Despite the 911 caller explaining two riders, the driver was nowhere to be found at the scene. Eventually, the West Virginia State Police found the other rider, Casey Hill, near the local Fire Department, and suspected that he was under the influence of alcohol. They administered a test and found that his blood alcohol concentration was at 0.098%—which greatly exceeded the state's legal limit of 0.08%. Hill denied having consumed alcohol, but several empty and unopened cans of beer were found near the scene of the accident, as well as inside the vehicle. Because he had been the one driving the vehicle, he was then charged with driving under the influence causing death.
Although he now faces criminal charges, Lilley's family may have grounds to pursue an additional wrongful death lawsuit against the intoxicated driver in the future, if they so choose. Drunken driving accidents cause an astounding number of deaths and serious injuries each year, and it is the right of the victims or their families to pursue monetary compensation, in turn. If you have been involved in a serious ATV accident, or any other type of motor vehicle accident, at the hands of a drunk driver, you should know that you have options. Contact our firm today to find out what kind of compensation you may be entitled to.