507-218-2004

Charges pressed in fatal texting and driving accident

On behalf of Restovich Braun & Associates posted in fatal motor vehicle accidents on Wednesday, August 26, 2015.

Losing a loved one in an accident is tragic, but when the accident was caused by a driver who was texting, the tragedy is increased. Fatal motor vehicle accidents caused by people who are distracted often have civil and criminal penalties after the accident. The family members of the victim might opt to seek compensation for their loved one's death. Prosecutors might opt to press criminal charges.

An accident that occurred in April claimed the life of a young mother who was riding her bicycle near Glencoe. When the accident occurred, the family of the young mother thought there was more to the story than they were being told. A Minnesota Bureau of Criminal Apprehension digital forensic specialist found evidence that the family was right.

The woman who crashed into the young mother claimed that she didn't see the bicyclist. It was a sunny day and the bicyclist was struck with the middle of the car. As it turns out, the reason the woman didn't see the bicyclist was because she was texting and driving.

The digital forensic specialist found that the driver called 911 at 3:57:59 on the afternoon of the accident. She had received two text messages prior to the 911 call. They were received at 3:45:50 and opened at 3:57:13.

The driver now faces a felony charge of vehicular manslaughter and some misdemeanor charges. All told, she is facing 10 years, 180 days in prison and fines of $22,000.

The victim's sister doesn't see the point in sending the woman to jail. Instead, she feels that community service warning of the dangers of texting and driving would be more appropriate. The victim's husband says he is just trying to raise their daughters and hasn't thought about the driver.

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