Carter Craig, Attorneys at Law

Tow truck driver fatally injured in crash, driver flees

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It can be frightening and frustrating for Virginia drivers to break down on an Interstate highway. At that moment, the tow truck driver that comes to save the day may as well be a super hero. For one stranded family whose vehicle broke down recently, the tow truck driver may have saved them from being seriously injured as well. Unfortunately, it cost him his life.

The passenger vehicle broke down on the shoulder of the southbound side of Interstate 295 in Virginia. When the wrecker driver arrived, he ended up standing so that he was exposed to the traffic. As he stood there, an SUV came barreling toward his tow truck and slammed into it. It then struck the tow truck driver. The SUV did not come to a stop until it flipped over into a ditch some 50 feet away from the tow truck.

The driver of the SUV ran into some woods by the Interstate. He was later located, thanks to several witnesses, in a subdivision on the other side of the woods. When troopers located and arrested the man, they suspected he was intoxicated. The driver refused to submit to either breath or blood testing. He is being held on several charges, including DUI and involuntary manslaughter.

The family of the tow truck driver may be eligible for workers' compensation benefits, but may also elect to file a third party claim against the driver of the SUV. A successfully litigated wrongful death claim could result in an award of damages for the family. An award may include damages that are not available under workers' compensation, such as pain and suffering.

Source: wric.com, "Mechanicsville Man Charged in Fatal Hit-and-Run Crash - ABC 8NEWS - WRIC", , May 1, 2014

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