A lawsuit was recently filed after a police officer ran an all-terrain vehicle (ATV) into two pedestrians that were walking along the beach in Florida, one of which suffered a traumatic brain injury as a result of the accident. Our Chicago brain injury attorneys found this lawsuit particularly interesting because the lawsuit alleges that the police officer responsible was on-duty at the time of the accident and had been served alcohol all night at a local hotel. According to Fox News, the lawsuit names both the hotel and the officer as defendants and the lawsuit was filed on behalf of the victim who is still in serious condition and is likely to require years of rehabilitation.
The police department fired the cop responsible for the accident immediately following the accident and the officer also faces criminal charges for driving under the influence as his blood alcohol count was reported to over the legal driving limit for Florida even five hours after the accident. The police department also stated that they will look into whether police officers are being served while on duty regularly and try to make sure that nothing like this ever happens again. The lawsuit also alleges that the hotel that was named as defendant was known to serve on duty police officers. The hotel will not discuss the lawsuit other than to say that they did not serve any alcohol to the officer while he was on duty that night. The representative of the victim says that they plan to sue the City of Miami Beach as well, but state law requires a six month waiting period to sue the city so that lawsuit has not yet been filed.
One victim of the accident suffered only minor physical injuries, but the woman who the lawsuit is filed on behalf of suffered physical injuries as well as a traumatic brain injury. The brain injury has left her with memory loss, trouble concentrating, partial paralysis and difficulty speaking. These types of injuries are common with a brain injury, and often require years and years of painful recovery and can end up costing millions in damages. Since our brains control who we are, brain injuries can often be as devastating long term, and sometimes even more devastating, to a family than physical injuries because they can change the personality of the person injured. Given how much a brain injury can affect the victim permanently and affect their family, damages other than just medical costs associated with the accident are often sought to try to help and compensate for all that has been lost. In this accident, the victim is the mother of a one year old baby and it is unknown when she will be able to care for the baby again.