A young Indiana woman who lost her husband in a car accident, and nearly lost the child she was carrying, has recently stated that she forgave the driver of the other vehicle. In early April, she gave birth to a baby girl just hours after her husband was killed.
On April 6, the young couple were driving in their 1996 Buick from church services when they were slammed into from behind by an SUV driven at 92 miles per hour. The impact caused their car to veer off of the road and slam into a utility pole. The other car was driven by an off-duty police officer, James Foutch of Edgewood, who was later found to be high on the anti-anxiety drug Xanax and the painkiller hydrocodone. While Foutch escaped without serious injury, the young couple were not so fortunate. The husband died almost instantly when he leaned over his pregnant wife to shield her from the impact of the crash. The young wife held him as he took his last breath.
She was later rushed to an area hospital, where the doctors — fearing for her baby's life - delivered the baby via Caesarian section, before rushing her to another hospital to treat her broken bones and other internal injuries. The baby and her mother were reunited one week later, with the baby healthy and suffering no damage from the accident.
The young mother notes that while the following week was difficult, she managed to get through thanks to the care of her nurses and her faith. She says that she forgives Foutch for what happened, and hopes that one day she can talk with him face-to-face. After hitting the couple with his SUV, he did jump out and attempt to assist them. He currently faces felony charges that include operating while intoxicated and reckless homicide. Foutch has been placed on unpaid leave from his position.
While the outcome may be different in this case, in other cases where one driver's reckless driving causes an accident, the result is frequently a lawsuit. The injured party will claim that the driver breached a duty of reasonable care to other drivers and passengers on the road. As a result of breach, the accident occurred, which caused the injury and any ensuing damages. Injured parties in these situations will frequently seek a monetary amount for their medical bills and/or funeral expenses, as well as less tangible items like pain and suffering, loss of consortium, lost wages, emotional distress, and more. Often times, what will happen is that the parties will settle out of court before the trial date. If not, this type of case would normally go before a jury as opposed to just a judge.
Miller & Falkner is an Indiana and Kentucky plaintiffs law firm serving residents of Kentucky and Indiana. Located in Louisville, Kentucky, the firm provides representation in the areas of personal injury and employment law. If you need a Kentucky or Indiana personal injury attorney, contact us today for a free consultation.